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Full text of "Laws of the State of Illinois"

WESTERNJLLINOIS UNIVERSITY LIBRARY 





3 1711 00611 8033 



/ 



PRIVATE LA¥S 



OF THE 



STATE OF ILLIl^OIS, 



PASSED BY 



THE TWENTY-SIXTH GENERAL ASSEMBLY, 



CONYENED JANUARY i, 1869. 



YOLUME III. 



SPRINGFIELD : 

ILLINOIS JOURNAL PRINTING OFFICE. 
18 69. 



Digitized by tlie Internet Arcliive 

in 2010 witli funding from 

CARL!: Consortium of Academic and Research Libraries in Illinois 



http://www.archive.org/details/lawsofstateofillv31869illi 



TABLE OF CONTENTS. 



RAILROAD COMPANIES— page 

Incorporated: 

An act to incorporate the Decatur, Sullivan and Mattoon Railroad company 1 

An act to incorporate the Dixon and Quincy Railroad company 5 

An act to incorporate the Evansville and Southern Illinois Railroad company.. . 10 

An act to incorporate the Fayette County Railroad company 18 

An act to incorporate the Freeport, Monroe and Superior Railroad company. . . 21 

An act to incorporate the Gilman and Wilmir.gton Railroad company 26 

An act to incorporate the Golcnda and DuQuoin Railroad company SO 

An act to incorporate the Grand Prairie and Crescent City Railroad company. . 33 
An act to incorporate the Harrisburg and Great Northern Railroad company... . 37 
An act to incorporate the Havana, Toulon and Fulton City Railway company. ... 43 
An act to incorporate the Jacksonville and Carlinville Railroad company. ..... 51 

An act to incorporate the Jacksonville and Ohio River Railroad company .53 

An act to incorporate the Joliet, Newark and Mendota Railway .5.5 

An act to incorporate the .Jonesboro and Cape Girardeau Railroad company 5'J 

An act to incorporate the Kankakee and Illinois River Railroad compnuy fil 

An act to incorporate the Kankakee and Indiana Railroad company 67 

An act to incorporate the Kinmundy and Pana Railroad company , 73 

An act to incorporate the LaFayettc, Watseka and LaSalle Railroad company 76 

An act to incorporate the Lewistown and Havar.a Railroad company 82 

An act to incorporate the Litchfield and Western Railway company 86 

An act to incorporate the Macomb and New Philadelphia Railroad company. ... 94 

An act to incorporate the Marine Railroad company 100 

An act to incorporate the Marseilles and Streator Railroad company 103 

An act to incorporate the Mendon Railroad company Ill 

An act to incorporate the Mendota, Paxton and Danville Railroad company. . . .112 

An act to incorporate the Metropolis and North we.stern Railroad company 116 

An act to incorporate the Michigan Air Line Railroad company 121 

An act to incorporate the Muscatine and Illinois Pi ver Railroad company 126 

An act to incorporate the Muscatine, Kewanee and Eastern Railroad company. .131 

An act in relation to the Mt. Vei non Railroad company 140 

An act to incorporate the Naples, Exeter and Vandalia Railroad company 141 

An act to incorporate the Oquawka and Geneseo Railroad company 143 

An act to incorporate the Paris and Danville R.iilroad company 1 144 

An act to incorporate the Pana, Carlinville, Carrolllon and Clarksville Railroad 

company. 151 

An act to incorporate the Pana and Louisiana Railroad company 161 

An =ict to incorporate the Pekin and Mississippi Railroad company 162 

An act to incorporate the Peninsular Railway company 168 

An act to incorporate the Peoria, Atlanta and Decatur Railroad company 173 

An act to incorporate the Peoria and Farmington Railway Company 176 

An act to incorporate the Quincy, Pittsfield, Carlinville, Vandalia and Mount 

Carmel Railroad company 177 

An act to incorporate the Rock Falls and Chicago Railroad company 182 

An act to incorporate the Rockford Central Railrosul company 187 

An act to incorporate the Rock Island and Illinois River Railroad company. .... .192 

; An act to incoipornte the Sonera Railroad company 196 



IV CONTENTS. 



RAILROAD COMPANIES— page. 

IXCORPOKATED : 

An Hct to incorporate the Springfield, Effingham and Southeastern Raliroad com- 
pany 198 

An act to incorporate the Springfield and Northwestern Railroad company 205 

An act to incorporate the Springfield, Wapella and Gilman Railroad company. .212 

An act to incorporate the St. Charles and Alton Railroad Ferry company 218 

An act to incorporate the St. Louis and Du Quoin Railroad company 218 

An act to incorporate the St. Louis and Evansville Railroad company - .224 

An act to incorporate the St. Louis, Mount Carmel and New Albany Railroad 
company. ... i , 229 

An act to incorporate the St. Louis, Pana and Detroit Railroad company 233 

An act to incorporate the St. Louis and Southeastern Railroad company 238 

All act to incorporate the Warsaw Branch Railroad company 246 

ISKvr Privileges: 

An act to authorize and enable certain railroad companies therein named to sell 
or lease their roads and franchises 247 

An act to authorize and enable certain railroad companies therein named to sell 
or lease their roads and franchises 248 

All act to further amend " An act to incorporate the Belleville and Murphysboro 
Railroad company, and for otiicr purposes," approved February 8, 1853. . . .249 

An act to still further amend "An act to incorporate the Belleville and Murjjhys- 
boro Railroad Company, and for other purposes," approved February 8, 1853, 
and all acts amendatory thereof 250 

Au act in aid of the Belleville and Southern Illinois Railroad company 251 

An act to amend an act entitled "xin act to incorporate the Belleville and South- 
ern Illinois Railroad Company," approved February 14, 1857 ..252 

All act to amend an act entitled "An act to incorporate the Belvidcre and Ottawa 
Railroad Company," approved March 8, 1867 253^ 

An act to amend an act entitled "An act to incorporate the Belvidcre and Otta- 
^*a Railroad Company," approved Miirch 8, 1867, and to amend an act amenda- 
tory tliereof, approved March 29, 1869 253 

An act to amend an act entitled " An act to incorporate the Broadway and 
Dyke Railway Company of East St. Louis," ap])roved March 7, 1867 255 

An act amend an act entitled "An act to incorporate the Cairo and St. Louis 
Railroad Company," approved February 16th, 1865 256 

An act to amend an act entitled "An act to incorporate the Cairo and Vincennes 
Railroad Company," approved ifarch 6, 1867, and for other purposes 259 

An act to amend an act entitled "An act to incorfiorato the Champaign and 
Edgar County Railroad Company," approved March 24, 1869 261 

An act to amend an act entitled "An act to incorporate the Chicago, Danville 
and Vincr>nnes Railroad Company," approved February 16, 1865 261 

An act to amend an act entitled "An act to incorporate the Chicago and Illinois 
River Railroad Comp.uiy." 262 

All iict to amend an act entitled "An act to incorporate the Chicago and Indiana 
Railroad Company" 264 

All act to amend an act entitled " An act to incorporate the Chicago and Plain- 
field Railroad Company," approved Feb. 24, 1859, and an act amendatory 
thereto, entitled " An act to amend an act entitled ' an act to incorporate 

the Chicago and Plain field Railroad Company'" 264 

An act supplemental to " An act to nmend an act entitled 'an act to incorporate 
the Chic igo and Plaitifield Railroad Company,' approved February 24, 1859, 
and au act amcnd.itory thereto entitled 'an act to incorporate the Chicago 

and Plainficld Railroad Compa:iy,"' approved March 29, 1869 270 

An act to amend an act entitled "An act to incorporate the Court Creek Rail- 
road company 271 

An act to amend " An act to incorporate the Cross Railroad company 274 

An act to amend an act entitled " An act to amend articles of association of 
the Danville, Urbana, Bloomington and Pcldn Railroad company," and to ex- 
tend llic powers of and confer a charter upon the same 274 

An act to amend an act entitled " An act to incorporate the Decatur and East 

St. Louis Riiil road compiiny" 275 

An act to amend an act entitled "An act to incorporate the Decatur and East St. 

Louis Ruilroad company," afijn'oved February 26, 1867 280 

An act supplementary to and amending an act entitled " An act to amend the act 
entitled an act to incorporate the Decatur and Indianapolis Railroad com- 
pany," approved February 8th, 1853 280 



CONTENTS. V 

RAILROAD COMPANIES— ■ page. 

New Privilkues : 

All act to amend the cliartcr of the Dixon, Peoria and Hannibal Railway conipatiy.283 

An act supplemental to Senate bill No. 18, entitled " An act to incorporate the 
Dixon and Quincy Railroad company" 283 

An act supplemental to an act entitled "An act to incorporate the Dixon and 
Quincy Railroad company" 284 

An act to amend an act entitled " An act to incorporate the Dixon and Quincy 
Railroad company," approved March 4, 1861) 284 

All act to amend an act entitled " An act to incorporate the Elrawood and Mis- 
sissippi Railroad company," approved February 19, 1857 285 

An act to amend an act entitled "An act to incorporate the El PaoO, Pontiac- 
and Kankakee Railway company" 288 

An act to amend an act entitled "An to incorporate the El Paso, Pontiac and 
Kankakee Railway company" 288 

Au act to amend an act entitled "An act to incorporate the Fairbury, Pontiac 
and Northwestern Railway company" 288 

An act to amend an act entitled "An act to incorporate the Fairburg, Pontiac, 
and Northwestern Railway company" , 289 

An act to amend an act entitled " An act to incorporate the Foreston and Chi- 
cago Railroad Company," approved February 26, 1867 289 

An act to amend an act entitled "An act to incorporate the Foreston and Chica- 
go Raih'oad company," approved February 26, 1867, and the act amendatorv 
thereof, approved March 29th, A. D. 1869 '290 

An act to amend an act entitled " An act to incorporate the Galesburg and Rock 
Island Railroad company," approved February 18th, 1857 291 

An act to amend an act entitled "An act to incorporate the Gilman, Clinton 
and Springfield Railroad company," approved March 4, 1867 292 

An act to amend au act entitled "An act to amend an act to incorporate the 
Gilman, Clinton and Sptiugfield Railroad company 295 

An act to amend the charter of the Grafton and Alton Railroad company, ap- 
proved March 7, 1867. ". 296 

An act relating to the charter of the Grayville and Mattoon Railroad company, .300 

An act to amend an act entitled "An act to incorporate the Hamilton, Lacon 
and Eastern Railroad company," approved March 7, 1867 301 

Au act supplemental to certain acts of the 26th General Assembly, relating to 
the Hamilton, Lacon and Eastern Railroad company, and to legalize the organ- 
ization of said company, and to confirm the subsciiptions to the capital stock 
thereof 302 

'An act to amend an act entitled "An act to incorporate the Havana, Lincoln 
and Champaign Railroad Company." approved March 9, 1867, and change the 
name of the corporation 303 

An act to legalize the lease by the Illinois Central Railroad company^ of the Du- 
buque and Sioux City Railroad company 306 

An act to amend an act entitled "An act to incorporate the Illinois Farmers' 
Railroad company 306 

An act to amend an act entitled •' An act to incorporate the Illinois Giaud 
Trunk Railway". . . .'. 307 

An act to amend an act entitled " An act to incorporate the Illinois South- 
eastern Railway company" _ 308 

An act supplemental to an act entitled "An act to amend an act to incorporate 
the Illinois Southeastern Railway Company,"^ passed at the present session of 
the general assembly 315 

An relating to the Indianapolis and St Louis Railroad company, and to author- 
ize extension of said railroad 316 

An act to amend an act entitled "An act to incorporate the La Salle and La- 
fayette Railroad company," approved February 15th, 1855, and the act amend- 
atory thereof, approved February 21, 1859 316 

Au act to change the name and amend the charter of the Madison County Rail- 
road company, approved February 15, 1865 ". . . . .318 

An act to amend an act entitled " An act to incorporate the McLean County Cen- 
tral BraiK-h Railroad," approved February 22, 1S61 31 8 

An act to change the name of the Muiphysboro and Shawneetown Railroad com- 
pany to that of the Caibondale and Shawneetown Railroad company; to make 
valid the subscription and agreement of the county court of Williamson coun- 
ty, in regard to said railroad, and to further amend the act of incorporation, 
approved March 7, 1867 321 



VI CONTENTS. 



RAILROADS— p^»e- 

New Peitileges : • ■. r i 

An act to amend an act entitled "An act to construct a railroad from the 

Mississippi river, in Illinois, opposite Muscatine, Iowa, to Camden, Rock^ 

Island coantv. Illinois" • • ••3^3 

An act to authorize the Ohio and Mississippi Railway company to build a branch, 

to connect their road with a ferry or bridge to St. Louis 323 

An act to amend an act entitled "An act to incorporate the Ogle and Carroll 

County Railroad company" ; '^24 

An act supplemental to " An act incorporating the Oquawka and Geneseo Rail-^ 

road company," approved March 26, 1869 326 

An act to amend an act entitled " An act to incorporate the Ottawa, Oswego 

and Fox River Valley Railroad company" 329 

An act to amend an act entitled " An act to incorporate the Ottawa, Oswego and 

Fox River Valley Railroad company" _• ■ -329 

An act to amend an act entitled ' 'An act to incorporate the Pana, Spring- 
field and Northwestern Railroad company" ;••."• '^^^ 

An act supplemental to an act entitled "An act to incorporate the Pana, Spring-^ 

field and Northwestern Railroad company _•• • • • .• • -332 

An act to amend an act entitled "An act to incorporate the Pekin, Lincoln and 

Decatur Railroad company" 333 

An act to amend the several acts incorporating the Peoria, Pekin and J,ackson- 

ville Railroad company ^^^ 

An act to amend an act entitled "An act to incorporate the Peoria and Rock 

Island Railway company," approved March 1, 1867 339 

An act to amend the charter of the Quincj, Alton and St. Lo*is Railway eom- 

panv n' \"'j 

An act to amend "An act to incorporate the Quincy and Warsaw Railroad com-^ 
pany" • • • ■•'^^'■ 

An act to amend an act entitled "An act to incorporate the Rockford, Rock 
Island and St. Louis Raihoadcompany," approved February 16, A. D. 1865 342 

An act supplemental to an act entitled "An act to amend an act to incorporate 
the Rockford, Rock Island and St. Louis Railroad company," approved Febru- 
ary 16th, 1865 3^^ 

An act to k-'gaiize the transfer of certain franchises and rights of action to tbe^^ 
Rockf.)rd, Rock Island and St. Louis Railroad company 346 

An act to amend " An act to incorporate the Shawneetow;i aud Eldorado Rail- 
road company _•■•;■•••*■■ "•'^'^^ 

An act to amend [an act entitled] "An act to incorporate the St. Charles Rail-^ 
road companv," in force February 18th, 1859 • 349 

An act to build" a branch road of tlie St. Louis, Alton and Terre Haute Railroad^^ 
from Hillsboro to Staunton, Illinois ; 349 

An act to amend an act entitled "An act in aid of the St. Louis, Jacksonville and^ • 
Chicago Railroad Company," approved February 13, 1863 350 

An act supplemental to an act entitled "An act to amend an act in aid of the St. 
Louis, Jacksonville and Chicago Railroad company," approved March 6, 1869.350 

A bill foi- an act to enable the St. Louis, Jacksonville and Chicago Railroad com- 
pany to ac(iuire additional grounds for railroad purposes in the city of Jackson- 
ville : • • •; ^■''^ 

An net to aMitiid an act entitled "An act to incorporate the St. Louis, Shelby-^ ^ 
ville and Tolona Railroad company," approved Feb. 19, 1867 352 

An act to amend the charter of the St Louis, Vandalia and Terre Haute Railroad^ 
ooinpany <S5b 

An act to increase the capital stock of the Toledo, Peoria and Warsaw Railway 
company . . . . .ju x 

An act CO amend an act entitled "An act to incorporate the Tuscola, Charles- 
ton and Vincennes Railroad company" 355 

SriiSCuii"TU).\s : 

An act to legalize certain aids heretofore voted and granted to aid in the con- 
struction of the Chicago, Danville and A'iiicenncs Railroad .355 

An act t > cnat)lc towns, townships, cities or counties along the line of the Chi- 
cago, Danville and Vincennes Railroad to contribute tovrard the construc- 
tion of said railroad 356 

An act to authorize the towns of Momencc and Ganicr, in Kankakee county, to 
issue bonds in aid of the Chicago, Danville and A'incennes Railroad com- 
pany ^^S 



CONTENTS. VII 



RAILROAD COMPANIES— pack. 

SUBSCIUPTIONS: 

An act to enable the representatives of stock subscription to the Grayville and 
Mattoon Railroad company to donate and transfer said stock and to legalize 
the election and the manner in which the stock was voted to aid in the con- 
struction of said road 360 

An act to authorize the incorporated towns and townships in the counties of Liv- 
ingston, La Salle and Marshall to subscribe to the capital stock of the Hamil- 
ton, Lacon and Eastern Railroad company 361 

An act to amend an act entitled "An act authorizing certain cities, counties, 
towns and townships to subscribe to the stock of certain railroads," in force 
February 18, 185Y 362 

An act to authorize certain cities and counties to indorse railroad bonds 363 

An act to enable township 1*7, range 10 west, to subscribe to the capital stock of 
the Peoria, Pekin and Jacksonville Railroad company 3(31 

An act to empower county courts and the corporate authorities of cities and in- 
corporate towns to subscribe to the stock of the Rockford, Rock Island and 
Saint Louis Railroad 3C5 

An act to authorize the county of Scott to subscribe to the stock of the Rockford, 
Rock Island and Saint Louis Railroad 366 

An act to amend nn act, approved January 23d, 1869, entitled "An act to author- 
ize the county of Scott to subscribe to the stock of the Rockford, Rock Island 
and St. Louis Railroad". . . , 337 

An act to authorize certain counties and towns therein named to subscribe stock 
in railroad companies ■ 3C8 

An act relating to conditional votes for subscription to the capital stock of rail- 
road companies in the county, cities, towns or townships, in Rock Island 
county : 3Y1 

An act to authorize certain towns in Hancock county to take stock in a railroad 

company 3(^2 

Legalized : 

An act to legalize a certain election therein mentioned in the township of Brim- 
field, in Peoria county 3'72 

An act to legalize a certain election therein named 373 

An act to legalize the proceedings of the electors of the towns of Edgar, Ross 
Shiloh, Prairie, and Young America, in the county of Edgar and state of Illi- 
nois, at special town meetings, respectively held in said several towns, on the 
28th day of December, A.D. 1867, in relation to issuing bonds and appropriat- 
ing money to secure an interest in the Indiana and Illinois Central Railway 
company, and to aid in the speedy completion of the same, for other purposes 
therein mentioned 373 

An act to legalize the elections of the people of certain townships therein named 
for subscription to the capital stock of the Hamilton, Lacon and Eastern Rail- 
road company. , 375 

An act to legalize the vote of Pike county, subscribing railroad stock to the Han- 
nibal and Naples Railroad company and the Louisiana and Pike County Rail- 
road company, and the subscriptions made in pursuance thereof 376 

An act to legalize tiie act of the city council of the city of Quincy, Illinois, sub- 
scribing to the capital stock of the Mississippi and Missouri Air Line Railroad 
company 376 

An act to legalize the vote of the town of Winchester, taken December 29th, 
1868, authorizing a subscription to the stock of the Rockford, Rock Island and 
St. Louis Railroad company ..377 

An act to amend an act entitled " An act to authorize the inhabitants of the 
incorporation of the town of St. Charles to subscribe to the stock of the St. 
Charles Railroad company," approved February 21, 1859 373 

An act to revive and continue in force an act approved February 25, 1867 enab- 
ling the town of Warren, in Jo Daviess county, to issue bonds for railroad 
purposes 373 

An act to authorize subscriptions and donations to the capital stock of the 

Western Union Railroad company 379 

Taxes : 

An act in relation to the Hamilton, Lacon and Eastern Railroad company, and 
the local taxes thereon, in the counties of Livingston, La Salle and Marshall. .382 
records- 
Transcribing : 

An act entitled an act to transcribe certain records in the county of Clinton.. 382 



VIII ' CONTENTS. 



RECORDS— PAGE. 

Tbanscribing : 

An act to authorize the circuit and county clerks of Franlilin county to trans- 
cribe and index certain records therein named 383 

An act to authorize the clerk of the county court of Franklin county to trans- 
cribe the old probate record, B, of said county, and also the old marriage 

record, and to index the same. 384 

An act concerning records in Hancock county 385 

An act to provide for transcribing certain records of Marion county, Illinois. ...385 
An act to authorize certain records to be transcribed and kept in Menard county, 

Illinois 386 

An act to transcribe certain records in Monroe county . . " 387 

SAVINGS companies- 
Incorporated : 

An act to incorporate the Young Men's Savings Associatioa of Charleston 388 

An act to incorporate the German Savings Bank of Chicago 391 

An act incorporating the Chicago Secure Depository company 395 

An act to incorperate the Moline Savings Bank 398 

An act to incorporate the Rockford Savings Bank of the City of Rockford 401 

New Privileges : 

An act to amend an act entitled "An act to incorporate the Dollar Savings As- 
sociation of Cairo," approved February 28, 1867 405 

An act to amend an act entitled "An act to incorporate the East St. Louis Real 
Estate and Savings Bank," approved February 16, 1865, and to change the 

name of the same 405 

An act to amend an act entitled "An act to incorporate the Springfield Savings 

Bank," approved February 28, 1867 ; 406 

An act to amend an act entitled "An act to incorporate the St. Clair Savings 

and Insurance company," approved February 24, 1859 406 

An act to amend an act entitled "An act to incorporate the St. Clair Savings 
and Insurance company," approved February 24, 1 859 407 

schools- 
City • 

A.n act to amend an act entitled "An act to establish and regulate a, system of 
public schools in the city of Bloomington," approved February 22, 1857, and 
amendments thereto 407 

An act to establish and regulate a system of public schools in the city of Centra- 
lia .■ 409 

An act in relation to the common schools in the city of Monmouth 414 

An act for the establishment of a system of graded schools in the city of Nash- 
ville, Illinois 414 

Au act to repeal an act entitled " An act for tlie establishment of a system of 
graded schools in Nauvoo, Illinois" 420 

An act to amend an act entitled "Au act to establish free schools in the city of 
Ottawa," and to amend an act entitled "Au act to charter the city of Ottawa," 
approved February 14, 1855, and of the acts amendatory thereto 420 

An act entitled "An act to incorporate the Shelbyville Graded School" 422 

Directors and Trustees : 

An act authorizing the directors of the Ashton school district to build a school 
liouse, and for establishing the bounds of said district and locating said school 
house site 428 

An act to confirm title 428 

An act authorizing the school directors of '.listrict number two, in town number 
thirty-eight north, of range fourteen cast, in the county of Cook, to raiso funds 
for tli(> establishment of a graded scliool , 429 

Au act to legalize tlie action of thn directors of schools in district seven (7), in 
townships twenty -six (20) ami twenty-seven (27) north, range (12) twelve west, 
in the county of Iroquois, in issuing bonds for the purpose of building a school 
house , 430 

An act to authorize school district No. thre«, township eight north, of range 
eleven west, in Jersey county, state of Illinois, to issue bonds for the purpose 

of building a school house 430 

An act legalizing the action of trustees of town 18 west, of i-ange one east of 3d 
P. M., in Macon, in leasing the school section of said town, and for other pur- 
poses 432 

An act to enable Wesley B. Lucas, a minor, to convey to the school trustees of 
township three nortii, range ten west, in Madison county, a piece of laud for a 
school house site 432 



CONTENTS. 



IX 



schools- 
Directors AND Trustees: page. 
An act to legalize the purchase of a school house site by the school directors of 

bu^M i tS itsi: ':!. ':: .^: '.^■:. ::' '^ ''''''-' *^- '^ ^-« ^-^^ ^o' 

' An act to legalize the assessment of school directors of school 'district No' i" 'o'f^^^ 
town 26 n,,rth, of range 4 east, in the county of McLean, and state of Illino'is 433 
An act toafford relief to the board of school directors of district four n town 

ship one north, of range eight west, in St. Clair county, Illinois ' a^i 

An act to legalize the acts of the school directors in union scliool district NoV 
2 and 3, in town of Arispie, county of Bureau. ... uibirici ^os 

An act to authorize the school directors of Union district numb'er'three '(3) 'do,',^' 

las township, Iroquois county, Illinois, to issne bonds. ... ^ ' ' ^lo. 

An act for the benefit of the school fund of White Rock township* m'OglV ;:;;;'tv 4?fi 
An act legalize the acts of the school directors of district number fiyeTs)^ 
W Will ; .^: r^ ^' ''"^' thirteen (13), in the town of Will, and coun- 

Districts Established : ■*36. 

An act to establish the Abingdon school district. . . 

An act to establish the Ashmore school district, in Coles'county" 'lij'iiiois iJi 

An act to create a school district for the township of Bourbon^oSs" eounty" 
Illinois, to be known as "The Bourbon school district" '' ^'aa^ 

An act to create a certain school district therein named. . . ^tl 

An act to establish Canton union district school, and a graded school' JwV;; 
also, to provide for building additional school houses therein, to levy and co,' 
lect special taxes, to issue bonds, and borrow money ^ ' . . 

An act to incorporate the Harristowa school district f ^f 

An act to incorporate the Henry union school district... til 

An actto establish and form the Kickapoo union school district aTa 

An act to establish and form the Mason high school district !^i 

An act to establish the Momence union school district, in the town's' of Mo'm^noft 
and Gamer, in the county of Kankakee, and state of.illinois, and to proviTe for 
purchasing a site and building a school house thereon, to levy and collect a 

special tax, to issue bonds and borrow money ^ oouect a 

An act to establish the Niantie union school district. jll 

An act to form and establish the Olney school district ^o!' 

An act to establish and form the Paris union school district tit 

An act to establish school districts in the city of Pekin, in Tazewell' count "v' ' ' '111 
An act to incorporate the Rushville union school district ^' ' ' ino 

An act to establish and form the Tuscola union school district ^,f 

Districts Modified: ^H 

An act supplementary to an act entitled "An act to create a school district for 
the town of Bourbon, Douglas county, Illinois, to be known as he Bourbon 
school district," approved March 26th, 1869 ... . «, o 

An act to amend an act entitled "An act to amend an act enti"t]ed'''a'n' aci'foJ-'p'n 
larging the Carthage school district,'" approved February 16 i865 Koa 

An act to attach that part of range eleven (11) east, which lies in the'countV'o'f 
Cobs to range ten (10) east, in said county, for school purposes.. ... ^ 520 

An act to incorporate a certain portion of the town of Colona with the" 'r^^t o'f 
the said town, for school purposes ^' °^ 




Sfur ^ctotliS"'^ ''' ''^^ '' ^^^^^"^' ^"^^°'^' ^« '^ ^-- as the 

^'iiSict '.°.'?.°*^. !'.!'' A"'; '•'^ "^° "'* '" i'icorporat'eihe'H;;;i;;ow'n;;h;;f'^ 

An act to amend an act enti't'led' ''An' kcrt'o' 'define 'rs'chool'd'istri'c't' ilU;;,-",;^^^ 
named," in force Febiuary 20, 1867. ... district therein 

An act to amend an act entitled "An act to create' ihe 'lll'iop'o'lis sch^^i di^tri^i'lfs 
An ac o amend an act entitled "An act to incorporate the Kankakee school di. 
tnct," approved February 16, 1865 "i^aKee sciiool dis- 

An act to amend an act entitled "An act to amend an'ac't'to inco^por'at'e'th'e 'ian 
kakee school district,'^ approved February 16, 1865 "..... ... 62^ 



CONTENTS. 



SCHOOLS— PAGB. 

Districts Modified : 
An act to attach all fractional townships in Kankakee county to full townships 

therein, for school purposes 529 

An act to amend an act entitled "An act to incorporate the Lacon union school 

district" 530 

An act to repeal "An act for the relief of the inhabitants of township three (3) 
north, range ten (10), and of the inhabitants of township three (3) north, range 
nine (9) west, in Madison county, Illinois," approved February 16, 1857, and 

any act amendatory thereof, and for other purposes . 530 

An act to Stmend an act incorporating Marion school district, Williamson county.531 
An act to amend an act entitled "An act to attach part of town5.hip twenty-one 
(21) to township twenty-two (22), in McLean county, for school purposes," ap- 
proved March 7, 1857. 532 

An act to attach a part of town two (2) south, range nine (9) west, to school dis- 
trict No. three (3), township two (2) south, range ten (10) west, in Monroe 

county 532 

An act supplemental to senate bill No. 172, entitled "An act to establish a school 

district in the city of Pekin" 533 

An act to regulate the school districts of the town cf Shields, in the county of 

Lake , 533 

Towns : 

An act to amend an act entitled "Ah act to incorporate the Hamilton primary 

school," passed February 1, 1840 534 

An act for the establishment of a system of graded schools in the town of Wa- 
terloo, and vicinity 534 

SPORTING ASSOOIATiONS: 

An act to incorporate the Belleville gymnastic association, (Tura gemeinde) . . .536 
An act to incorporate the Bloomington sharpshooters' association, of Bloomington, 

McLean county, Illinois 537 

An act to incorporate the Capital athletic association 538 

- An act to amend an act entitled "An act toincorporate the Chicago sharp shoot- 
ers' association .'539 

An act to incorporate the Illinois capital light guard, and for other purposes. . . .540 
An act to incorporate the Litchfield sharp shooters' society, of Litchfield, Mont- 
gomery couuty, Illinois , 541 

A bill for ac act to incorporate the Marine sharp shooters' society, Marine, Mad- 
ison county, Illinois 543 

An act to amend an act entitled "An act to incorporate the Helvetia sharp shoot- 
ers' society, of Highland, Madison county, Illinois," approved February 16th, 

1863 , 544 

STOCK EXCHANGE COMPANY: 

An act to incorporate the Chicago stock exchange 544 

STOCK' YARDS: 

An act to incorporate the East St. Louis stock yard company 546 

towns- 
Incorporated ; 

An act to incorporate the tovirn of Albion 648 

An act to incorporate the town of Annawan, in the countv of Henry, and state of 

Illinois '. 557 

An act to incorporate the town of Ashland, in Cass county 566 

An act to incorporate the town of Astoria, Fulton county 575 

An act to incorporate tlio town of Bardolph, and for other purposes 581 

An act to incorporate the town of Belle Prairie City, in Hamilton county 588 

An act to incorporate the town of Bethalto, Madison county B97 

An act to incorporate the town of Bowensburg, in the county of Hancock, and 

state of Illinois 604 

An act to incorporate the tov/n of Bradford, in the county of Stark 612 

An act to incorporate the town of Broadwcll 622 

An act to incorporate the town of Casey ville, St. Clair county 628 

An act to incorpoi'ate the town of Ccntcrville 636 

An act to incorporate the town of Chebanse 643 

An act to incorporate the town of Ciienoa 655 

An act to revise the charter of the town of Cicero, Cook county 666 

An act to incorporate the town of Clay City 680 

An act entitled "An act to incorporate the town of Coatsburg, in the county of 
Adams, and state of Illlinois" 685 



CONTENTS. XI 



PAGE. 

towns- 
Incorporated : 

An act to incorporate the town of Cuba 692 

An act to incorporate the town of Dakota 701 

An act to incorporate the town of Dorchester and additions, in the county of Ma- 
coupin, in the state of Illinois, into a school district, and to authorize the in- 
habitants thereof to levy a tax for the purpose of building and furnishing a 

school house TO? 

An act entitled an act to incorporate the village of Elwood, of Will county, Illi- 
nois 70*7 

An act to incorporate the town of Evansville, in the county of Randolph, and 

state of Illinois 714 

An act to incorporate the town of Fayetteville 723 

An act to incorporate the town of Frankfort, in Franklin county 727 

An act to incorporate the town of Gardner 727 

An act to incorporate the town of Gillespie 736 

An act to incorporate the village of Glencoe 744 

An act to incorporate the town of Grafton -759 

An act to incorporate the town of Georgetown 768 

An act to incorporate the town of Greeuview, in the county of Menard, and state 

of Illinois ; , 772 

An act to incorporate the town of Gridley 77^ 

An act to incorporate the town of Hey worth 782 

An act to incorj^orate the town of Illiopolis, Sangamon county, Illinois 789 

An act to incorporate the town of Irving, Montgomery county 799 

An aet to incorporate the town of Jefi'erson, in the county of Cook, and state of 

Illinois • 802 

An act to incorporate the town of Jeff'orsonville, in Wayne county 808 

An act to ineorporate the town of Kane 816 

An act to incorpornte the town of Kiaderhook 825 

An act to incorporate the town of Lanark 831 

An act to incorporate the town of La Prairie, in the county of Adams, and state 

of Illinois 839 

An act to incorporate the town of Leroy , 848 

An act to incorporate the town of Loda, Iroquois county, Illinois 856 

An act to incorporate the town of Lombard, in DuPage county, Illinois 871 

An act to incorporate the town of Malta, intheoounty of De Kalb, Illinois 880 

An act to incorporate the town of Mecbanicsburg 886 



PRIVATE LAWS. 



EAILEOAD COMPANIES— INCORPOEATED. 

[Contluued from Vol. II.] 



AN ACT to incorporate the Decatur, Sullivan and Mattoon Railroad Id force March 
Company. 2(i, 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That Corporators. 
Henry Prather, Alonzo Pierce, E. O. Smith, W. P. Mc- 
Gaire, S. H. Morrell, S. F. Greer, N". G. Blalock, John 
Meeker, James TayJor, J. A. Freeland, E. JNojes and 
Charles Dole, their associates, successors and assigns, be • 
and they are hereby constituted a body corporate and poli- 
tic, under the name and style of "The Decatur, Sullivan Name and style. 
and Mattoon Railroad Company;" and, by that name, 
shall have perpetual succession, with power to contract Corporate pow- 
and be contracted with, sue and be sued, plead and be im- ^'■^• 
pleaded, in ail courts and places ; to adopt a common seal, 
and alter the same at pleasure; and to adopt such laws, 
rules and regulations as they may deem expedient; and to 
take, purchase, hold, lease, sell and convey estate or prop- 
erty, whether real, personal or mixed, so far as the same 
may be necessary for the purposes hereinafter mentioned ; 
and may have and exercise all the powers, rights, privileges 
and immunities which are or may be necessary or proper 
to carry into effect the purposes and objects of this act. 

§ 2. The said company shall have full power and au- survevandio- 
thority to locate, construct, complete, maintain and operate ^^tionof road, 
a railroad, with one or more tracks, from the city of Deca- 
tur, Macon county, Illinois, to the town of Sullivan, in the 
county of Moultrie ; thence to the city of Mattoon, in the 
county of Coles, or to any other point south or east from Route of road, 
the said town of Sullivan, m the state aforesaid ; and tlie 
board of directors of said company shall have power to 
establish such tariff of rates for the transportation of per- 
sons and property, upon said railroad, as they from time to 
time may determine, and to levy and collect the same for 
the use of said company. 
YoLlIl— 1 



3 



EAILROAD COMPANIES — INCOEPOEATED. 



Power to con- 
demn lands for 
right of way. 



Power to con' 
golidate road. 



Amount of cap- 
ital stock. 



§ 3. For the purpose of constructing said railroad, said 
company sliall have the authority to enter upon any lands, 
to lay out, designate and estabhsh their roads, in width not 
exceeding one hundred (100) feet, through the entire line 
thereof; and for constructing shops, depots and other suita- 
ble appurtenances to said road, the said company may 
take, have, hold and use any lands, on either or both sides 
of said road, not exceeding two hundred feet in width, 
and may take all such lands as gifts or purchases, or by 
making compensation therefor in the manner prescribed 
by the general laws of this state. 

§ 4. Said company shall have power, by and with the 
consent of the owners of three-fuurths of the capital stock 
of said company, to connect or consolidate with any other 
railroad or railroads, now constructed or hereafter to bo 
constructed in this state, for the purpose only of forming a 
more extended or continuous line of railroad, upon such 
terms as may be mutually agreed upon ; and the said com- 
pany shall acquire, have and enjoy all the necessary rights, 
powers and privileges possessed by the corporation united 
with by virtue of such consolidation. 

§ 5. The capital stock of said company shall consist of 
two millions of dollars, and may be increased, from time 
to time, at the discretion of said company : Provided^ that 
the same shall not exceed the aggregate cost of said rail- 
road and its appurtenances — said stock to be divided into 
shares of one hundred dollars each, which shall be deemed 
personal property. Certihcates thereot to be issued, trans- 
ferred and registered in such manner and at such times as 
may be prescribed by its board of directors. Said board 
of directors shall prescribe the manner, time and place of 
opening books of subscription to said capital stock, the 
amount thereof to be paid in, and all other regulations that 
they may deem necessai'y concerning the same. 

§ 6. The aforementioned incorporators, or a majority 
thereof, shall constitute the hrst board of directors of said 
company. Their lirst meeting shall be held upon the call 
of two-thirds of said in(;or()orat')r8 ; and all the corporate 
powers of said company shall be vested in the board of di- 
rectors, to consist of not less than seven nor more than 
thirteen members. The lirst board of directors bIuiII hold 
office until their successors are elected and qualitied ; and 
their successors shall be elected and hold office for one 
year, or until their successors are elected and qualitied. 
Time and i.iace The first board of directors shall pre8cril)e tlie time and 
place ot election ot directors and ot the president, secre- 
tary, treasurer and other officers of said company and the 
qualifications of those voting and to be voted for: J^ro- 
mded^ that such election shall be held within twelve 
months from the passage of this act, and that each share 
of stock subscribed shall be entitled to one vote. Yacau- 



Board of direc 
tors. 



of eleciiou. 



KAIL ROAD COMPANIES INCOKPORATED. 3 

cies in the board of directors may be filled by two-thirds 
of the remaining members until the next election. The open books 
first board of directors shall, also, prescribe the place and "'^ ^'^'^'^'^''^p'!"'! 
manner of opening books of subscription to the capital 
stock of said company and the amounts to be paid in on 
such subscription. The certiticate of the secretary of said 
company, under the corporate seal thereof, shall be re- 
ceived in all courts of justice and elsewhere as evidence of 
the regular organization of said company under its charter 
and of any act or order of the board of directors of said 
company and of any fact set forth in their books or records. 

§ 7. The said company is authorized to borrow such May borrow 
sum or sums of money as may be necessary to construct ^°^^^- 
and operate its road, and to issue and dispose of its bonds, 
in such denominations and at such rate of interest and dis- 
count and in such form and upon such terms and condi- 
tions as to them may seem best for tiie speedy conipletion 
of said road and maintaining the same ; and the construc- 
tion of said road may be commenced without reference to 
the amount of stock which may be subscribed ; and no 
forfeiture shall take place by reason of the non-completion 
of the whole of said road, but such part as may be com- 
pleted may be operated by the company. 

§ 8. Whenever it shall be necessary for the construe- intersections, 
tioii of said railway to intersect or cross the tracks of any 
other railway, stream of water, water course, road or high- 
way, on the route of said railroad, it shall be lawful for 
the said railway to construct their railway upon the same : 
Fromded^ that the said company shall restore the railway, 
stream of water, water course, road or highway thus inter- 
sected or crossed to such condition as shall not materially 
impair its usefulness. 

§ 9. The several incorporated towns, cities, counties Towns and 
and towns organized under the township organization law, stock. ™"^ ^^^^ 
along or near the route of said road, or that are in any 
way interested therein, may, in their corporate capacities, 
subscribe to the stock of said company or make donations 
thereto, to aid in constructing or equipping said railroad : 
Provided^ that whenever twenty-five legal voters of any 
such incorporated town, city, county or township shall 
present to the clerk thereof a written application, 
requesting that an election shall be held to determir.e 
whether such incorporated town, city, county or township 
shall subscribe to the capital stock of said company or 
make a donation thereto, to aid in constructing or equip- 
ping said railroad, stating the amount and whether sub- 
scribed or donated and the rate of interest and times of 
payment of the bonds to be issued in payment thereof, 
such clerk shall receive and file such application, and shall Nouceofeiec- 
forthwith proceed to post wi'itten or printed notices of an 
election, to be held by the legal voters of such incorpo- 



4; RAILROAD COMPANIES — mcORPORATBD. 

rated town, city, county or township, which notice shall be 
posted in four of the most public places of such incorpo- 
rated town, city, county or township, for thirty days pre- 
ceding an election ; and said notices shall state fully the 
objects of such election; and said election shall be held 
and conducted and returns thereof made as provided by 
law in this state and the charter of any such incorporated 
town or city, and additional returns thereof to one or more 
Submitted to of the corporators under this act, or of the direct- 

legai voters. ^^.g (.j^Qsen in pursuance hereof. Each elector shall 

vote at such election for subscription or donation, as 

the case may be ; and if a majority of the votes at such 

election shall be in favor of such subscription or donation. 

Supervisor to then the corporate authoiities of such incorporated town, 

subscribe stock, ^.^y^ couuty or towu supcrvisor of such township shall 
subscribe to the stock of said company or donate thereto, 
as shall be determined at such election, the amount so 
voted at such election, and shall issue the bonds of 
such incorporated town, city, county or township to 
said railroad company, in such denominations as said 
company shall require — the time of maturing of said 
bonas and the rate of interest, not exceeding ten per cent. 
per annum, to be in accordance with the notice calling 
such election ; and in all cases of the issue of bonds under 
Township de- this act the same shall be countersigned by the clerk of 

fi^i^d. such incorporated town, city, county or township. The 

word township, in this act, shall be understood to describe 
towns organized under the township organization laws of 
this state. Any incorporated town, city, county or town- 
ship subscribing stock or donating to said railroad, as 
aforesaid, shall, by its proper authorities, annually there- 
county may after, levy and collect a suthcient tax on its assessed prop- 

take stock. gj.|.y ^Q p^y ^]^g interest on its bonds so issued as aforesaid. 
§ 10. The board of supervisors of Moultrie county are 
hereby authorized to subscribe to the capital stock of said 
company to an amount not exceeding eight}'' thousand dol- 
lars, and to issue the bonds of the county therefor, bear- 
ing interest at a rate not exceeeding ten per cent, per an- 
num — said bonds to be issued in such denominations and 
to mature at such time as said board of supervisors may 
determine : Provided, that the same shall not be issued 

Transportation. Until the Said road shall be opened foi- trathc between the 

Requirements, city of Docatur and thc town of Sullivan, aforesaid. 

§ 11. Said company shall transport tire wood, coal and 
fuel, of every description, whenever the same shall he of- 
fered to such company for transportation, at rates as low as 
the rates of said company shall charge for the transporta- 
tion of other freight of a similar class. 

§ 12. This acit shall be deemed a public act, and be in 
force from and after its passage. 
Approved March 26, 18GD. 



KAILBOAD COMPANIES — INOORPOEATED. 



AX ACT to incorporate the Dixon and Quincy Railroad Company, In force March 

4, i8(iy. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That Johu corporators. 
Dement, William H. VanEpps, James M. Allan, Thomas 
B. Cabeen, William D. Smith, Calvin y. Orth, Benjamin D. 
Ellett, Abraham B. Sheriff, Joseph P. Wycotf, Levi A., En- 
der, John Geddis, Kobert Moir, John McKinney, sr,, James 
Francis, William C. Rice, Cephas Parks, Corneilus D. Et- 
tinge, and William Lomax, and their associates, successors 
and assigns are hereby created a body politic and corpo- 
rate, under the name and style of " The Dixon and Quincy Name and style. 
Railroad Company," with perpetual succession ; and, by 
that name, they are hereby made capable, in law and in corporate pow- 
equity, to sue and be sued, plead and be impleaded, de- ^^^' 
lend and be defended, in any court of law or equity — in 
this or any other place; to make, liave and use a common 
seal, and the same to renew and alter at pleasure ; and shall 
be and are hereby vested with all powers, privileges and 
immunities which are or may be necessary to carry into 
effect the purposes and objects of this act, as hereinafter 
set forth. And the said company are herebv authorized construction of 
and empowered to locate and construct, and finally to com- 
plete and put in operation a railroad, from the city of 
Dixon, on Rock river, to the city of Quincy, on the Missis- 
sippi river ; locating said railroad by way ot" Keithsburg ; 
adopting whatever route between the points named that 
the board of directors may deem most practicable, and, for 
this purpose, said company are authorized to lay out their 
said railroad, not to exceed one hundred and fifty feet in 
width, and, for the purpose of making cuts or embank- 
ments, may take as much more land as may be necessary 
for the construction and security of said road. 

§ 2. The capital stock of said company shall be eight AmonntcapUai 
million dollars, and shall be divided into shares of one hun- ^^'^^^' 
dred dollars each, and may be issued, transferred, certified 
and registered in such rianner and in such places as may 
be ordered and provided by the board of directors, who 
shall have power to prescribe the terms and conditions 
upon which such stock may be taken and subscribed, and, 
for this purpose, the board of directors hereinafter named 
and appointed shall cause books to be opened for subscrip- 
tion to the capital stock of the company at such times and 
places and in such manner as they may direct, naming 
therein such terms and conditions as may be agreed upon 
for the protection of the rights and interests of the stock- 
holder. 

§ 3. As soon as fifty thousand dollars of subscription organization, 
has been made to the capital stock of said road, it shall be 
lawful for said company to commence the construction c^f 



b KAILKOAD COMPANIES — INCORPOKATED. 

the same ; and unless said company obtain such subscrip- 
tion to their capital stock and shall elect directors and 
become fullv or^atnzed within live years from the passage 
of this act then this act shall be null and void. 
Townshipsmay § ^- Towuships through which the line of said railroad 
take stock. shall pass, or lying within fifteen miles of the same, are 
hereby authorized to subscribe to the capital stock of or 
make donations to said road, in any sum not exceeding 
fifty thousand dollars : Provided, that such subscription 
be authorized by a majority of the votes cast at an election 
held for that purpose, after due notice has been given of 
the time and place and object of the same, by posting up 
notice in six of the most public places within such town- 
ships, for a period of not less than thirty days from the day 
of holding such election ; and in counties having township 
lection. Organization it shall be the duty of the supervisor or in his 

absence the town clerk, upon the written request of ten or 
more citizens of such township, that an election for the 
purpose named be held, to proceed immediately to call such 
election, by giving the required notice and causing a regis- 
try of the votes to be made as in other elections now pro- 
Submitted to vldcd ; and shall cause the polls to be opened, when the 

legal voters. in i , ^ i^ ,. • 

voters shall proceed to vote, by ballot, tor or against sub- 
scription to the capital stock of the Dixon and Quincy 
Kailroad, conducting such election in the same manner as 
other township elections ; and if a majority of votes cast 
are in favor of such subscription, it shall be the duty of the 

Issue bonds. {qwii board to make provision for the payment of the same, 
by causing bonds to be issued in the name of the township, 
payable within twenty years, and running not less than 
five, bearing a rate of interest not exeeediug ten per cent, 
per annum, which bonds may be negotiated for money to 
pay said subscription or transferred to the company at par, 
it' the town board and directors so agree ; and it shall be 
the duty of the supervisor of such town to make out 
and transmit to the board of supervisors of the county in 
which such election is held an abstract of the proceediugs 
of such election, certified to oflicially by the town boaid, 
whereupon it shall be the duty of the said board of super- 
visors to cause the same to be filed in the county clerk's 
Levy tax to office ; and they shall proceed to levy a tax upon such 

paymterest. towiiship annually an amount suflicient to pay the interest 
and create a sinking fund for the payment of the principal 
within the time limited in the said bonds, and cause tuch 
tax to be spread upon the collector's bo(»ks for collection 
with other taxes ; and the tax so levied is hereby placed 
u))on the same footing as taxes levied for state and county 
pui'poscs. 
Powers of the ^i 5_ J^ couiitics uot havinj; townsliio organization it 

county court. i . i i i j. i ,. i '^ ' *r 

Election. sluill be iawiul lor the county court, on the written request 

often or more citizens of any congressional township or 



RAILROAD COMPANIES — INCORPORATED. ^ 

fractional part of one, already forming an election precinct, 
asking for an election to be held in the same, to vote upon 
taking capital stock in the Dixon and Quincy Railroad, to 
appoint tliree commissioners, residing in the same, one at 
least being a justice of the peace, who, together, shall be 
authorized to act as a township board, and proceed in all 
matters pertaining to such election, in eubficribing stock 
and issuing bonds, as provided in the f<>rx3going section : 
I^rovided, that fractional townships not created into election 
precincts may be attached to said other township, as the 
county court may determine, the justice of the peace dis- 
charging the duties required of the supervisor in the fore- 
going section, and such townships so organized shall for 
this special purpose be created a body corporate and po- 
litic, possessing all the rights, in law and equity, and shall 
be placed on an equal looting with townships having 
township organization — the county court performing the 
duties required of the supervisors in counties having town- 
ship organization. 

§ 6. Corporate towns lying within the limits heretofore coi-porate sub- 
described, along the line of said road, shall be authorized ^^"p*^°"- 
to subscribe to the capital stock of said railroad in any sum 
notexceeding twenty per cent, of the assessed value of the 
real estate within the corporate limits of such town, and, for 
this purpose, the trustees of any such corporation or town 
board are hereby authorized to hold an election, observing 
all the requirements of section live of this act— the board 
of supervisors or the county court, as the case may be, 
taking the same as required in the preceding sections. 

§ 7. All corporate powers of said company shall be corporate pow- 
vested in and exercised by a board of directors, to consist ^rs. 
of not less than seven and not more than nine in number, Board of di- 
and such other officers, accents and servants as they shall '' *^ °'^' 
appoint. The first board of directors shall consist of Jolin 
Dement, William H, YauEpps, Thomas B. Cabeen, Wil- 
liam D. Smith, Benjamin D. Ellett, John McKinney, sr., 
Andrew Crawford, James D. Morgan and Isaac McManus, 
who shall iiold their office until their successors are elected Termor offie. 
and qualified. Yac-mcies in the board may be filled by a 
vote of the remaining two-thirds of the directors, such 
appointees to continue in office until the next annual elec- 
tion of directors; the time, place and notice of said annual Election, time 
election, to be determined by the said board of directors ; *°'^^'''"'^''^' 
and at all meetings of the stockholders, each person owning 
stock shall be entirled. by himself or proxy, to cast one vote 
for each share tf stock actually and bona fidely held by 
such persons : Provided, that the terms of payment on such 
stock, if the same is due, have been complied with. 

§ 8. The said company is hereby authorized, by their snn-eva and 
agents, surveyors and engineers, to cause such examination ^^*™"^''"*'"*- 
and survey to be made of the ground and country between 



KAILROAD COMPANIES — INCOKPOKATED. 



Route of road. 



Payment 
lauds. 



Transportation 
of freight. 



Rates, etc. 



Rules for gov- 
ernment. 



Failure to elect 
not to change 
act. 



intersections. 



the points already named as shall be necessary to determine 
the route for the proper line or course whereon to construct 
their said railroad ; and it shall be lawful for said company 
to enter upon and take possession of and use all such lands 
and real estate as may be necessary for the construction and 
maintenance of their railroad aforesaid, its depots, side- 
tracks, water stations, engine houses, machine shops and 
other buildings and appendages necessary for the construc- 
tion and working of said road : Provided^ that all lands or 
real estate entered upon and taken possession of and used 
by said corporation, for the purpose and accommodation of 
such road or upon which the site for said road shall have been 
located or determined by the said corporation, shall be paid 
for by said company, in damages, if any be sustained by the 
owner or owners thereof, by the use of the same for the 
purposes of said railroad ; and all lands entered upon and 
taken for the use of said corporation, which are not dona- 
ted to said company, shall be paid for at such price as may 
be mutually agreed upon by the said corporation and 
owner or owners thereof; and, in case of disagreement, the 
price shall be estimated, fixed and recorded in the manner 
provided by the general laws now in force or which may 
hereafter be in force providing for the condemnation of 
land for the purposes of internal improvement. 

§ 9. The said corporation may take and transport upon 
said railroad any person or persons, merchandise or other 
property, by the force and powers of steam or animal, or 
any combination of them, and may fix, establish, take and 
receive such rates of toll, for all passengers and property 
transported upon the same, as the said directors shall es- 
tablish ; and the said directors are hereby authorized and 
empowered to make all necessary rules, by-laws, regula- 
tions and ordinances that they may deem necessary and 
expedient to accomplish the designs and purposes and to 
carry into effect the provisions of this act and for the trans- 
fer and assignment of its stock, in such manner as shall be 
provided by the by-laws and ordinances of said company. 

§ 10. In case it should at any time happen that an 
election of directors shall not be made any day in which in 
pursuance of this act it ought to be made, the said corpora- 
tion shall not for that cause be deemed dissolved, but such 
election shall 1)0 held at any otlier time, if the stockliolders 
shall so decide at any meeting called for that purpose. 

§ 11. Whenever it shall be necessary for the construc- 
tion of said railroad to intersect or cross a track of any other 
railroad or any stream of water, road or highway, on the 
route of said road, it shall bo lawful for the company to 
construct their railroad across or upon the same, and they 
shall be authorized to take and condemn for their use 
such portion of the road bed of the Warsaw, liock Island 
and Galena Kailroad as may be along the line of their road : 



BAILROAD COMPANIES — INCOEPOKATED. d 

Provided, that any railroad, stream of water, road or liigli- 
way shall be restored to its former state, as near as possible, 
after such crossing, or sufHcently so as not to impair their 
usefulness. 

§ 12. Said corporation shall have power to unite its May nniic with 
railroad with any other continuous lines of railroad or rail- o'^"'"'"'"^*'- 
roads now finished or constructincv or that may hereafter be 
constructed within this state or that shall terminate at the 
Mississippi river, either in Iowa or Illinois, upon such 
terms as may be mutually agreed upon between the com- 
panies so connecting, and, for that purpose, full power is 
hereby given to such companies to make and execute such 
contracts with any other company or companies as will 
secure the objects of such connection. 

S 13. Said company, is hereby authorized, from time to May borrow 

.- . y 1 ►.- 1 money. 

time, to borrow such sums ot money as may bo necessary 
for completing and furnishing or operating their said rail- 
road, and to issue and dispose of their bonds, in denomina- saic of bonds, 
tions of not less than five hundred dollars, bearing a rate 
of interest not exceeding ten per cent., per annum, for any 
amount so borrowed, and to mortgage the corporate prop- 
erty and franchises to secure the payment of any debt con- 
tracted by said company for the purpose aforesaid ; and 
the directors of said company may confer on any bondhold- 
er of any bond issued for money borrowed, as aforesaid, 
the right to convert the principal due and owing thereon 
into stock of said comjDany, not exceeding ten years from 
the date of said bond, under such regulations as the direc- 
tors of said company may see fit to adopt ; and all sales of 
such bonds that may be made at less than their par value 
shall be good and valid and binding upon said corporation 
as if such bonds had been soM for the full amount thereof. 

§ 14. The width of said road shall be determined by width of road. 
the said corporation, within the limits prescribed in the 
first section of this act. 

§ 15. The directors herein named are required to or- orgauizatioa. 
ganize the board, by electing one of their number presi- 
dent and by appointing a secretary and treasurer. 

§ 16. None but stockholders are eligible to the office of -Directors. 
director in the same. 

§ 17. Said company shall have the right of way over Right of way. 
any lands belonging to the state, and it shall [be] lawful 
for said company to enter upon and take possession of and 
use, ibr the purpose of construction and protection of said 
road, any lands belonging to the state, without being sub- 
ject to any claims for damages whatever. 

§ 18. Said corporation shall transport firewood and Artidc?ofand 
fuel of every description, over its railroad, whenever the tion. '"'^''°'^ ''" 
same shall be offered for transportation, at rates as low as 
the rates said company shall charge for the transportation 
of other freights of a similar class. 
Vol. Ill— 2 



Name and style. 



10 RAILROAD COMPANIES — INCORPORATED. 

When act to § 19. Tliis act shall be deemed a public act, and shall 
take effect. ^^ favorably construed for all purposes therein expressed 
and declared, in all courts and places whatever, and shall 
be in force from and after its passage. 
Appkovj:d March 4, 1869. 



In force March AN ACT to incorporate the Evansville and Southern Illicois Kailroad Com- 
26, 1S69. pany. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That Samuel 
Corporators. K. Casev, WilUs D. Green, Samuel S. Marshall, Aaron G, 
Cloud, Richard "W. Townshend, John M. Crebs and Dr. 
A. M. McOlain, and such other persons as they may asso- 
ciate themselves with, for the purposes of this act, are here- 
by constituted a body corporate and politic, by the name 
and style of "The Evansville and Southern Illinois Rail- 
road Company," with perpetual succession; and, by that 
Corporate pow- name and style, shall be capable, in law, of ♦aking, purchas- 
er's, ing and holding, leasing, selling and conveying estate and 
property, whether real, personal or mixed, so far as the 
same may be necessary to carry into full eifect the pur- 
poses hereinafter mentioned; and, in their corporate name, 
may sue and bo sued; have a common seal, and may have 
and exercise all powers, rights, privileges and immunities 
which are or may be necessary to carry into effect the ob- 
iects and purposes of this act, as the same are herein set 
'forth. 
Location and § 3. The Said railroad company shall have full power to 
"locate, construct, maintain and operate a railroad, with one 
or more tracks, from the town of McLanosboro, in Hamil- 
ton county, Illinois, and through the towns of Entleld and 
Carmi, in White county, Illinois, to the dividing line be- 
tween the states of Indiana and Illinois, on the Big "Wabash 
river; and, for this purpose, are authorized to lay out their 
said road, not exceeding one hundred and fifty feet in width, 
through its whole length, and for the purpose of cuttings, 
embankments, dej)ots, grounds and other necessary uses, 
including sidings and branches, not exceeding ten miles in 
length, may take as much more land as may be required 
for the constrnction, security and business of the said rail- 
road. 
Amountcapitai § 3, The capital stock of said railway company shall be 
one million live hundred thousand thousand dollars, which 
may hereafter be increased by a majority in interest of the 
stockholders to [at] any meeting called for such purpose, to 
any amount not exceeding three millions of dollars; and 



construction of 
road 



Stock. 



RAILROAD COMPANIES — iNCOEPORATEt). ll 

such capital stock shall be divided into shares of one hun- 
dred dollars each. No stockholder shall be held liable for 
the debts or other liabilities of the company beyond the 
amount of stock for which he may have subscribed. 

§ 4. The stock of said company shall be deemed per- ereouai^^T^* 
soual property, and may be issued, certiiied, transferred erty. 
and registered in such manner and at such place as may bo 
ordered and provided by the board of directors, who shall 
have power to require the payment of stock subscribed, in 
the manner, at the time and place and in such sums as they 
may direct; and on the neglect or refusal on the part of the stock forfeited, 
stockholders, or any of them, to make payment, on the re- 
quisition of the board of directors, the shares of stock delin- 
quent or so unpaid may, at the option of the said board of 
directors, after thirty days' public notice, be sold at public 
auction, under such rules as the board of directors may 
adopt. The surplus money, if any remains after deducting 
the payment due, with interest and cost of sale, to be paid 
to the delinquent stockholder, or the directors may com- 
mence proceedings at law for the collection of any and all 
amounts duly subscribed and unpaid. 

§ 5. The immediate government and direction of said a^^d^^r^Xec- 
company shall be vested in seven directors, who shall be tors, 
chosen annually by the stockholders and hold their offices 
until a new board is chosen and qualified. Until a first 
choice of directors, the corporators above named shall con- 
stitute the board of directors, with power to fill vacancies vacancy. 
and discharge all the duties which might be vested in a 
board of directors, as herein provided, and four of the cor- Quomm. 
porators sliall be a quorum, and may, at any time after the 
passage of this act, cause books to be opened for subscrip- 
tion to the capital stock of the company, at such time and 
terms and place or places, according to such conditions and 
regulations and under the supervision of such persons as 
they may direct. The corporators and directors shall choose officers. 
one of their number as president and select a secretary and 
treasurer, each of whom shall be a stockholder in the com- 
pany. 

§ 6. All the corporate powers of said company shall be corporate pow- 
vested in and exercised by the board of directors, a majori- ^"" 
ty of whom shall constitute a quorum for the transaction of Board of di- 
business, and shall have power to appoint such other of- ^^^ ^^^' 
ficers, agents or servants as they may deem necessary. Va- 
cancies in the board of directors may be filled by a majority 
of those remaining — such appointees to remain in office 
until the successors of the then board shall be qualilled. 
The annual election of directors shall be held on the second aluu.ii election. 
Tuesday of February, in each year, or on such other day as 
may be ordered by the board, at such place as may be pro- 
vided by the directors, two weeks' notice being given by 



12 SAILEOAD companies — INCORPOEATEi). 

publication in one or more newspapers published on the line 
of said railroad. 

Vote of stock- § 7. At any election for choosing directors, or for other 
holders. purposos, each share of stock, unless otherwise directed 

and provided by the board of directors, after due notice and 
action thereon by three-fourths of the whole number of di- 
rectors, shall bo entitled to one vote, to be given either in 
person or by proxy; and those persons receiving the high- 
est number of votes, each being voted for directly, shall be 
declared elected, and shall hold their office until their suc- 
cessors are elected and qualified. All elections of directors 
shall be conducted by three stockholders, chosen by those 
present. 

May borrow § 8. The board of directors are hereby authorized, for 
and in behalf of said company, to borrow money, from time 
to time, on the credit of the company, at any rate of interest 
not exceeding ten per centum, per annum, for the purpose 
of construction, equipment and machinery and other pur- 
poses, as necessities may require, and may issue its corpo- 
rate bonds therefor, in denominations not less than one 
hundred dollars, with coupons attached for the interest, and 
to secure the payment thereof, with the interest that may 
accrue thereon, may mortgage their corporate property or 
franchises, or both, or may convey the same by deed of 
trust for said purposes; and the directors may cause to be 
issued, when in their judgment the same may be necessary, 
certificates of stock, which shall be duly registered, signed 
and executed, which shall be called and held 'preferred,' and 
to which stock certificates and to the holders thereof shall 
be given such rights, privileges and immunities as may be 
deemed best for the interest of the said railroad : Provided^ 
the whole amount of such preferred stock shall not exceed 
iifteon thousand shares of one hundred dollars each ; and 
they may, through their president or other officers or 
agents, sell, dispose of or negotiate such bonds or stock, or 
both, within or without the state, at such times and such 
prices as may be deemed expedient, either before, during 
or after the construction of said railroad, and all such sales' 
and negotiations shall be held legal and valid. 
Divideuae to g 9. The Said Company shall, annually or somi-annually, 
make such'dividends as they may deem proper of the net 
income, profits or receipts of the said company among the 
stockholders, according to the value of their interests. The 
company shall have power to contract for the building of 
said railroad, or any portion thereof, by their president, 
with the consent or approval of the board of directors, or a 
majority of thein, and power to contract for, purchase and 
place on said railroad all machines, machinery, rolling stock 
and other propert}'-, which they may deem necessary for 
constructing, equipping and operating said railroad, also 
power to trans})ort or carry upon said railroad, by force of 



ftAILKOAD COMPANIES — INCOKPOBATED. 13 

steam, animals or combinations of them, passengers and 
property, of all kinds, and may fix, establish and receive 
such rates of toll therefor as the directors shall, from time 
to time, establish, and shall carry and transport the mails at 
agreed rates. 

§ 10. The said company shall have power to consolidate May unite with 
and connect its railroad with any other continuous line of °^'^^'' "^'^^ 
railroad, now authorized or hereafter authorized to be con- 
structed, upon such terms as may be agreed upon, and, for 
that purpose, full power is hereby given to make and exe- 
cute such contract as will secure the object of such consoli- 
dation or connection. 

§ 11. The said railroad may be constructed, and sections construction of 
of any prescribed length, and any portion so constructed ^°^''^^' 
may be put in operation, with the full powers of collecting 
tolls given in section nine of this act. The board of direc- Rules for gov- 
tors shall have ])0wer to control and regulate the manner of °'''^™^"t- 
transportation of persons and property, and shall have pow- 
er to make, ordain,- establish and execute all such by-laws, 
rules and legulations as they may deem necessary and ex- 
pedient to fulfill the purposes and carry into effect the pro- 
visions of this act and for the well ordering and securing 
the affairs, business and interests of the company. 

§ 12. Whenever it shall bo necessary for the construe- crossings, etc. 
tion of said railroad to intersect or cross the track of any 
other railroad or to cross any stream of water or water 
course or road or highway, lying on the route of said rail- 
road, it shall be lawful to construct said railroad across, 
upon or by the side of the same ; and it shall be lawful for 
the incorporate authorities of any incorporate city or town 
through which said railroad shall be located to donate or 
lease to said railroad company, as a right of way, the right Right of way. 
to lay one or more tracks through said city or town or any 
poi'tion .thereof or any street or highway or alley. 

§ 13., The said company, and under their direction their condemn land, 
servants, engineers, agents or workmen, are hereby au- 
thorized to enter upon and into the lands and grounds of 
the state, of any person or persons or bodies politic or cor- 
porate, and survey and take levels of the same or any part 
thereof, and to lot out and ascertain snch parts as they may 
deem necessary for building said railroad, with one or more 
tracks, sidings and branches, and, for all purposes connect- 
ed with said railroad, to take, appropriate and use any 
lands, to cut down all timber and other trees within seven- 
ty-five feet of the centre line of said railroad, and also to 
erect, build and set-up in and upon the route of said rail- 
road or upon the lands adjoining the same all such works, 
banks, ways, roads and conveniences as may be required 
for the purposes of said railroad, and to widen, amend and 
improve the same, from time to time, as may be found ne- 
cessary ; and for materials to build, ballast and repair the 



14: RAILKOAD COMPANIES — INCOKPOKATEt). 

same or any of them, and the right of way to said mate- 
rials, the said company are hereby authorized and empow- 
ered to take, condemn and use the same, under the provi- 
sions of "An act to amend the hiw condemning the right of 
way for purposes of internal improvement," approved June 
22, A. D. 1852, and any other and alllaws of this state that 
may be in force ; and in estimating damages for the right 
of way or other rights affected under this act, commission- 
ers or juries shall take into consideration the benefits to be 
derived by the owner or occupier of said land, from the 
construction and operation of said road. 

Powers and pri- § 14. Full authority and power is hereby conferred upon 

viiegea. ^y^^ ^^:^^ Company to avail itself of any and all provisions 

of the general railroad laws of the state, now in operation 
or which may hereafter go into operation, and in cases 
where there may be any contradiction or difference the 
said company may elect to act and proceed under any pro- 
vision of either law, at its option, or confine itself to the 
provision of this act, in part or in whole, as it may deem 
best. 
May receive § 15. The Said Company is hereby authorized to receive 

gilts, etc. g^^^^ ^^gg ^^^^ subscriptions, donations or gifts, whether made 

in connection with the capital stock or otherwise, either in 

money, land or other values or property, and may issue 

shares of capital stock therefor. 

Towns and § 16. The sevcral counties in which any part of said 

stock™^^ ^^'^'^ railroad may be located or that may lie on or near the line 
of the railroad, and the several townships in such counties 
which have adopted or may hereafter^; adopt township or- 
ganization, and the cities and incorporate towns in the said 
counties, are hereby authorized to subscribe and take stock 
in said company, upon the application of said company, for 
such an amount as they may think proper, payable in bonds, 
lands or right of way, and subject to such agreements and 
stipulations as to the route of said railroad, the time of de- 
livery and payment of the bonds, as may be agreed upon: 
Submitted to I^f'ovided, that no subscription shall be made by any county 

legal voters. court, nor by the legal authorities of any incorporated city, 
town or township until after the question of such subscrip- 
tion shall have been submitted, by order of the county 
court or the legal authorities of said city, town or township, 
to the legal voters thereof, at general or special elections, to 
be called, conducted and returns made, canvassed and pub- 
lished in the usual manner of conducting elections in said 
county, incorporated city, town or township, at which elec- 
tion each voter shall vote a ticket, upon which is printed or 
written "For subscription" or "Against subscription ;" and if 
a majority of the ballots cast at such an election shall be for 
subscription it shall be the duty of the county court or the 
legal authorities of such incorporated city, town or town- 
ship to subscribe the amount stated in the order of elec- 
tion. 



EAILKOAD COMPANIES — INOORPOKATED, 15 

§ 17. Elections may be held in any such county, incorpo- 
rated city, town or township upon the question whether such 
county, city, town or township shall subscribe for any speci- 
fied amount of the capital stock of said railroad company, 
whenever a petition shall be presented, as hereinafter de- 
scribed, and as often as may be required by petitioners. 
Whenever a petition shall be presented to the county clerk, stock Bubocrip- 
signed by fifty of the legal voters of any such county, set- t*'*^^- 
ting forth the amount of stock to be taken by such county, petiuoufor. 
and specifying the time for holding such an election, it shall 
be the duty of the county clerk of any such county to give ^ 
thirty days' notice of the time for holding such election, 
which time shall be the same as that specified in such peti- 
tion; and whenever a petition shall be presented to the 
supervisor of any such township or to the corporate autho- 
rities of any such city or town, signed by twenty-live legal 
voters of any such township, city or tov/n, setting ibrth the 
amount of stock proposed to be taken by any such town- 
ship, city or town and specifying the time for holding such 
election, it shall be the duty of tlie supervisor of ever)' 
such township and the duty of the clerk of every such city KoUce of dec- 
or town to give thirty days' notice of the time of holding tim. 
such election in such township, city or town, which time 
shall be the same as that specified in such petition ; and all 
such notices shall be given in the same manner and such 
elections shall be conducted and returns made, canvassed 
and published in the same way and at the places provided 
for holding general elections in such counties, townships, 
cities and towns, at which elections the qualified voters of 
the respective counties, townships, cities and towns shall 
vote " I'or subscription " or "Against subscription ;" and if 
a majority of the votes cast at such election or elections, by 
voters voting on that subject, shall be "For subscription" 
it shall be the duty of the county court or board of super- when majority 
visors of every such county, the supervisor and clerk of ^^^^^'^PJ'^'^^ ^"^~ 
such township, and the corporate authorities of such city 
or town to subscribe at once, upon the request of the direc- 
tors or corporators of said company, the same amount so 
voted for, and to issue and deliver to said company the 
same amount as the stock so subscribed of the bonds of 
such county, township, city or town, as the case may be, 
payable at any time specified, not exceeding twenty years 
from date, or sooner, at the option of the county, township, 
city or town issuing the same, with interest, by coupons at- 
tached for the same, at a rate not exceeding eight per cent., interest, 
payable annually or semi-annually, which said bonds shall 
be of such denomination and the principal and interest 
payable at such place or places, either within or without 
the state, as may be agreed upon, and the same may be re- 
ceived in payment of taxes, for such purposes and for sucli 
amounts as may be determined upon by agreement between 



16 RAILROAD COMPANIES — INCORPORATED. 

the aforesaid county, city, town or township authorities and 
said railroad company : JProvided^ that the conditions of 
such payment be printed on the face of the bonds and the 
coupons thereof: Provided, that at any election held under 
the provisions of this act at any other time than the time 
for holding general elections for state and county purposes, 
it shall not be necessary for the several boards of registry 
Rc-istratiouof to make a new registry of the several voting precincts, but 

voters. ^YxQ register made of the legal voters at the last general 

election held previous thereto of state and county officers 
may be used: And provided, that the vote of any legal 
voter, whose name does not appear on the said register, 
shall be received and taken in the same manner that un- 
registered legal voters' votes are taken at any general elec- 
tion. 
Towns and § 18. Any incorporated city, town or township, or any 

donations.™'^ couuty tlirough or near vv^hich said railroad shall run, is 
hereby authorized to donate and give as a bonus to the said 
railroad company, upon such terms and conditions as may 
be agreed upon by and between said city, town or township 
or county and said railroad company, to secure the building 
of said railroad, any sum, not exceeding in amount five per 
cent, of the taxable property of said city, town, township or 
Submitted to county : J'rovided, that the corporate authorities of said 

lesai voters. oXtj, town, township or county shall submit the question 
whether such donation or bonus shall be given to the legal 
voters thereof, at a regular or special election, held after at 
least thirty days' notice, and conducted, canvassed and re- 
turns made m the usual manner and place, the amount pro- 
posed to be donated being stated in the order for such 
election — and the tickets voted at such election shall have 
vv'ritten or printed on them " For donation " or "Against 
donation ;" and if at such election the majority of legal 
votes cast shall be in favor of such donation, it shall be the 
duty of the proper authorities of such city, town, township 
Payment for or couuty to provide for the payment of such donation or 

donation. bouus and to provide the means for the payment of any such 

sum as may be given or agreed to be given, in pursuance of 
the provisions of this act, said city, town, township or couuty 
sliall issue bonds to said railroad company, in sums of not 
less than one hundred dollars each, bearing interest at any 
rate not exceeding eight per cent, per annum, and payable 
at such times and places, either within or without the state, 
as may be agreed upon ; which bonds may run for any 
period not exceeding twenty years. 
Tax to pay in- % \d. It shall bo the dutv of the respective authorities 

terest. " . . - ..J-, ^ • ^ 

ot the several counties, townships, cities and towns, which 
may make such subscription and donation, and they are 
hereby required to levy and collect a sufficient special tax 
on all the taxable property, both real and personal, in such 
counties, townships, cities and towns, to pay the interest an- 



EAII.EOAD COMPANIES — INCORPORATED. 17 

nually or semi annually accruing on said bonds, and to dis- 
cbarge the principal of said bonds within the time specified 
in the same for their payment; and this provision shall be 
faithfully complied with. Said tax shall be levied on the 
assessments made by the assessors of the respective town- 
ships, cities and towns, as provided by the revenue laws of 
this state for assessing property, and shall be extended on 
the collector's book of such county, township, city or town, 
as a special railroad tax, and collected by the respective Levy special tax 
collectors of such counties, townships, cities or towns at the 
same time and in the same manner as provided by law for 
collecting state and county tax ; which special tax shall be 
paid by the respective collectors to the county treasurer of 
the county in which the tax is collected, deducting there- 
from one per cent, only for collecting ; and the respective 
county treasurers shall be liable on their bonds for the faith- 
ful aijolication of said tax to the payment of the interest Liability of 

1 • • 1 i- '11 J 1 • 1 • J • 1 i. county treasurer 

and principal ot said bonds which said special tax was 
levied and collected to pay, and shall receive therefor, in 
full compensation, a commission of one per cent, only, for 
receiving and paying out said tax. The corporate au- 
thorities of their respective counties and townships shall 
certify to the county clerk of the proper county the rate 
per cent, to be levied for each year for such special tax, and 
the said county clerk shall extend the same on the coUec- Rate per cent, 
tor's book for such county or township, as a special railroad ° ^'^^ *^'^°' 
tax, at the rate so certified for each year, in the same man 
ner and on all the property on which state and county tax 
is extended, and shall receive the same pay therefor as for 
like service for state and county purposes; and the respec- 
tive authorities of such cities and towns shall levy and col- 
lect such special railroad tax in the same manner as other 
tax is levied in and for such cities and towns : Provided^ 
that in case the said authorities for any such county or 
township shall fail to certify to such clerk the rate per cent, clerk's duties, 
to be levied for any year before the time required by law 
for said clerk or shall certify to a less amount than will pay 
the same, then the said county clerk shall extend such tax 
as will pay the interest and principal due for such year on 
all such bonds issued by the respective counties and town- 
ships. 

§ 20. The county courts of the several counties through swamplands. 
which said railroad shall pass are authorized and empow- 
ered, upon such terms and conditions as they may deem 
best for the public good, to grant and convey to said rail- 
road company the swamp lands or any other lands or prop- 
erty, real or personal, belonging to such counties, to aid in 
the construction of said railroad : Provided,, that in no case 
shall such lands be conveyed to said company or the title 
thereto vest in said company until said railroad shall be 
completed into or through the county Krantine: the same, 
YoLIII— 3 



18 EAILBOAD COMPANIES — INCOEPOKATED. 

as may be agreed upon by acd between said county and 
said railroad company : And^ j)'"''^'^^^^^-) further^ that in no 
case shall such lands be conveyed to said company or the 
title thereto vest in said company until a majority of the 
legal voters of such counties shall have so voted at an elec- 
tion to be held in accordance with the provisions of section 
17 of this act. 
Issue of bonds § 21. When payments of subscriptions to the capital 

dence/^*^^*^ ^^^' stock of this compauy shall be made by counties, cities, 
towns or townships, under this act, all such bonds issued 
or negotiated by the proper authorities and appearing regu- 
lar on the face thereof, shall, in the hands of said company, 
or any other honafide holders thereof, be deemed and taken, 
in all courts and elsewhere, 2k% prima facie evidence of the 
regularity of everything required by this act in relation to 
the issuing such bonds to be done preliminary to the issuing 
and negotiation of said bonds. 
Bridge over § 22, It shali be lawful for the said railroad company 

wabas river. ^^ build, maintain and use, for railroad purposes and as a 
public highway, a bridge over the Wabash river or that 
portion within the jurisdiction of the state of Illinois, ac- 
cording to its present limits, in such manner as shall not 
materially obstruct or interfere with the free navigation of 
said river, and to connect such bridge, by railroad or other- 
wise, with any railroad or other public road within the 
state of Illinois or Indiana ; and to contract with any cor- 
poration or municipal authorities, in either of said states, 
for the construction and maintenance of said bridge, and to 

constrnctioD of. establish rules and regulations for the government, use and 
management thereof; and the said railroad company shall 
have the exclusive right to do and perform all the acts in 
this section enumerated : Provided, the work upon said 
bridge shall commence within ten years and be finished 
within twenty years from the passage of this act. 

§ 23. And this shall be deemed a public act, and shall 
be liberally construed for all the purposes therein expressed 
and declared, and shall be in force from and after its pas- 
sage. 

Approved March 26, 1869. 



In force March AN ACT to incorporate the Fayette County Railroad Company. 

31, 1869. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That Bev- 
\. orporators. erly W. Henry, Tevls Greathonse, Perry Devore, Ferris 
Ferman, Samuel Fogler, John W. Springer, Alfred Grif- 
fith, Juim P. Yan Dorston, Samuel G. Harris, William 
Hawkins, and Henry Goodman, their associates, successors 
and assigns, are hereby created a body politic and corpo- 



RAILEOAD COMPANIES — INCORPORATED. 19 

rate under the name and style of "The Fayette Count}'^ Name and style. 
Railroad Company ; " and, by that name, be known ; and 
they are hereby made capable, in law and equity, to sue corporate pow 
and be sned, plead and be impleaded, defend and be de- ^""^ 
fended, in all courts of law and equity in this state or else- 
where ; to make, have and use a common seal, and the 
same to renew or alter at pleasure ; and they are hereby 
authorized to make and publish all necessary rules, regu 
lations or by-laws for the carrying out of the purposes in- 
tended by this act, and to alter and change the same at 
pleasure. 

§2. The capital stock of said company shall be two huu- Amount capi- 
dred and lifty thousand dollars, which may be increased by *^-^'°^''- 
said company to any sum not exceeding one million of dol- 
lars, which may be divided into shares of Mttf dollars each, 
which shall be deemed personal property, and may be is- 
sued and transferred in such manner as the board of direc- 
tors of said company may prescribe. 

§ 3. The corporation hereby created shall have power to construction of 
locate, furnish, maintain, construct and operate a railroad, 
with one or more tracks, commencing at the point deemed 
by them most convenient, between the stations of Tonti 
and Edge wood, on the Chicago Branch of the Illinois Cen- 
tral Railroad, in this state ; to run from such point, when 
and where designated by said board of directors, to some Route of road. 
point, so to be selected by said board of directors, on the 
St. Louis, Yandalia and Terre Haute Railroad, at Yandalia, 
or between Yandalia and Howard's Point, on the line of said 
St. Louis, Yandalia and Terre Haute Railroad, to intersect 
with and be a connecting link between the Chicago Branch 
of the Illinois Central Railroad and the St. Louis, Yandalia 
and Terre Haute Railroad, on the main line of the Illinois 
Central Railroad, at Yandalia, and with all the necessary 
side tracks, turnouts, switches, depots, stations and all ne- 
cessary buildings, erections and structures ; and, for the 
purpose of obtaining stone, gravel and other material for 
building, ballasting or repairing the same, and of a right of 
way to said material, the said company be and they are 
hereby authorized and empowered to take, condemn and condpmn land, 
use the same, under the provisions of "An act to amend an 
an act entitled an ace to incorporate the St. Louis, Yandalia 
and Terre Haute Railroad Company," approved February 
8th, 1867, an\i passed general assembly of the state of Illi- 
nois ; and they are farther vested with all of the powers ne- 
cessary for the purchasing, taking, holding and selling and 
transferring property, real and personal, as natural persons, 
as the board of directors may deem necessary to carry out 
this act. 

§ 4. Said company shall have power to unite, connect connect with 
or consolidate its railroad with any other continuous lines *'"'"'^°'' 
of railroad, constructed or which* may hereafter be con- 



20 RAILROAD COMPANIES — INCOEPOEATED. 

structed in the state, upon such terms as may be mutually 
agreed upon between the companies so uniting, connecting 
or consolidating, 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 

Lease railroad. Connection or consolidation, and the said corporation may, 
furthermore, lease or purchase, upon such terms as may be 
agreed upon, any other roads or parts of roads, either 
wholly or partially constructed, which may constitute or be 
adopted as a part of their main line, and by such lease or 
purchase they shall acquire and become vested with all the 
lights and franchises pertaining to such road or part of 
road, so leased or purchased, in the right of way, construc- 
tion, maintenance and working thereof. 
May borrow § 5. The said company is hereby authorized, from time 

money. ^.^ ^[^q^ ^q borrow such sum or sums of money as may be 

necessary for the completing, equipping, furnishing and 
maintaining their said railroad, and to issue and dispose of 
the bonds, at such rate of interest and at such discount as 
may be thought for the benefit of the company, and to 
Deed of trust mortgage their corporate property and their franchises or 

meinof'boiuisr convev the same, by deed of trust, to secure the payment of 
any debt contracted by said company for the purpose afore- 
said ; and the directors of said company may confer on any 
bondholder of any bond issued for money borrowed, as 
aforesaid, the right to convert the principal due or owing 
thereon into stock of said company, at any time, and may 
farther authorize the holder of any such bond to vote at 
any and all elections for the election of officers for said cor- 
poration, under such regulations as the directors of said 

Sale of bonds. Company may see fit to adopt ; and any such bonds that 

may be sold or disposed of at a less rate than par shall be 

as valid and binding on said company as if the same were 

sold for the par value thereof. 

Powers of the § 6. All the Corporate powers of said company shall be 

lureciors. vested iu and exercised by a board of directors, to consist 

of not less than five nor more than eleven members, and of 
such oflicers and agents and servants as they shall appoint. 
Vacancies in the board of directors may be filled by a vote 
of two-thirds of the directors remaining — such appointees 
to continue in office till the next annual election ot directors; 
which said annual election shall be held at such time and 
place as may be designated and fixed by the by-laws of said 
company, thirty days' printed notice being given in two 
newspapers having circulation in Fayette county. 

Fu-st board. g 7. Samuel Fogler, Tevis Greathouse, Beverly TV". 

Henry, John P. Van Dorston, Perry Devore, Samuel G. 
Harris, and Henry Goodman, shall be the first directors of 
said corporation, and shall hold their offices, respectively, 
until their successors are elected and qualified. The first 
election for officers to fill their places to be held at such 



EAILROAD COMPANIES — INOORPOKATEl). 21 

time as thej or a majority of them may fix, within two 
years after the passage of this act, and elections for direc- 
tors Bubsequently to be annually thereafter. 

§ 6. This act shall be deemed a public act, and take 
take effect from and after its passage. 

Approved March 31, 1869. 



AN ACT to incorporate the Freeport, Monroe and Superior Railroad In force Jnna 

Company. 19, 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented m the General Assembly, That John coiporators. 
W. Steward, Charles Foster, Andrew Hinds, Charles 
Moore, Abraham Power, Thomas Pollock, William A. St. 
John, Charles Reitzell, Frederick Balender, John H. 
Addams, Thomas Kockeral, James H. Addams, Adrian W. 
Lucas, James Mitchell, Col. John W. Shaffer, John F. 
Smith, and John II, Brewster, are hereby made and con- 
stituted a body corporate and politic, by the name and 
style of "Freeport, Monroe and Superior Kailroad Com- Name auci style. 
pany," with perpetual succession; and, by that name and 
style shall be capable, in law, of taking, purchasing, hold corporate pow- 
ing, leasing, selling and conveying estate and property, ^^^' 
whether real or personal or mixed, so far as the same may 
be necessary for the purposes hereinafter mentioned, and no 
farther; and, in their corporate name, to sue and be sued; 
to have a common seal, which they may renew or alter at 
pleasure ; and may have and exercise all powers, rights, 
privileges and immunities which are or maybe necessary to 
carry into effect the purposes and objects of this act, as 
the same are hereinafter set forth. 

§ 2. The said company are hereby authorized and em- construction 
powered to locate, and, from time to time, alter, change, re- 
locate, construct, reconstruct and fully to finish, perfect and 
maintain a railroad, with one or more tracks, commencing 
at or near Freeport, on the Illinois Central Railroad, or 
on any other railroad now built or that hereafter ma}' be 
built, in Stephenson county ; thence, on the most eligible Route of road. 
route, to some point or points on the north line of this state, 
in Stephenson county, in the valley of the Eichland creek, 
on said state line ; thence, to connect with any road or 
roads that are or may hereafter be constructed in the state 
of Wisconsin, to said state line ; and the said company are 
further authorized to use and operate said railroad, and 
shall have power and authority to regulate the time and 
manner in which goods, effects and persons shall be trans- 
ported on the same, and to prescribe the manner in which 



22 RAILROAD COMPANIES — iNCOEPORATED. 

Tiausportatiori Said railroad shall be used, and tlie rate of toll for trans- 
i-atcp. portation of persons or property tliereon, and for the sto- 

rage of mereliandise or other property under their charge ; 
and shall have power to provide all necessary stock and 
materials for the operation of said road, and shall have 
power to erect and maintain all necessary depots, stations, 
shops and other buildings and machinery, for the accommo- 
dation, management and operation of said road. 
Board of di- § 3. The foUowlug named persons shall constitute the 
£j.g|. board of directors : John W. Steward, Charles Foster, 
Andrew Hinds, Charles Moore, Abraham Bower, Thomas 
Pollock, William A. St. John, Charles Reitzell, Frederick 
Balender, John H. Addams, Thomas Kockeral, James 
H. Addams, Adrian W. Lucas, James Mitchell, Col. John 
W. Shaffer, John F. Smith, and John K. Brewster. Said 
directors shall organize the board within three years from 
Eieciiouof offl- the passage of this act, by electing one of their number 
'^'^"- president and by appointing a secretary and treasurer ; 

and the directors present shall certify the organization, un- 
der their hands, which certificate shall be recorded in the 
the record books of said company, and shall be sufficient 
evidence of the organization of said company. The direc- 
Teim of office, tors herein named shall hold their offices until the first 
Wednesday in October following their organization, and 
until their successors are elected and qualified, as herein 
provided for. Yacancies in the board may be filled by a 
vote of two-thirds of the directors remaining, at any regu- 
lar meeting of the board or at any special meeting called 
for that purpose. 
OiDen books § 4. The witliin named directors shall, within twenty 
days after their organization, give at least thirty days' no- 
tice of the time and place, along the line of said road, where 
books will be opened for the purpose of procuring sub- 
scriptions to the capital stock of said company. And said 
directors shall continue to receive subscriptions, either per- 
sonally or by such agents as they shall appoint for that 
purpose, until the sum of fifty thousand dollars is sub- 
scribed, and five per cent paid thereon. Said directors or 
Savvey audio- their successors may proceed, by their engineers, to sur- 
cateiauroa . ^^^^^^ locato and construct said railroad. Certificates of 
stock shall be signed by the president and countersigned by 
the secretary and treasurer of said company, each of whom 
shall keep a fair record of the same, which shall be subject 
to the inspection of any stockholder. 
Eipctiou of § 5. Said board of directors and each succeeding 
direcco.-s. boavd shall give at least thirty days' notice previous to the 
first Wednesday in October, of each year, of an election by 
the stockholders of a board of fifteen directors, at least 
eleven of Avhom shall be chosen from stockholders resident 
within the counties through which the road is located. At 
any election held for directors, each share of stock shall be 



for siibscrip- 
tion. 



RAILROAD COMPANIES — INCORPOKATED. 23 

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 election, and until their successors are elected 

and qualified. All elections for directors to be conducted Judges of eiec- 

by three judges, selected by the stockholders present. No *'°"' 

stockholder shall be allowed to vote at any election, after 

the first, for any stock which shall have been assigned to 

him within thirty days previous to said election or upon any 

stock upon which there is any due or unpaid installments. 

§ G. If any board of directors fail or refuse to gve no- -Qaupa ©f the 
tice of the time herein specified for the annual election of secretary. 
directors, then any five stockholders may, in writing, re- 
quire the secretary to give thirty days' notice, and it shall 
be his duty to give said notice, so required, for any elec- 
tion of directors; and at the expiration of the time the 
stockholders present shall proceed and elect directors, as 
herein provided for the election of directors, and the direc- 
tors so elected shall constitute the legal board. 

§ 7. The general oflice of the company shall be located Location of 
in the city of Freeport, where all the books of record shall °^*^^" 
be kept and the general business of the company shall be 
transacted. There shall be kept at the secretary's office, in 
the city of Freeport, a full record of the name and resi- 
dence of each stockholder and the number of shares held 
by each ; said record shall at all times, during business 
hours, be subject to the inspection of any stockholder. 

§ 8. The capital stock of said company shall be seven Amouutcaritai 
hundred thousand dollars, which shall be divided into s^^ck, 
shares of one hundred dollars each, and may be increased, 
from time to time, by a vote of a majority in interest of 
stockholders, at their annual meeting or at any special 
meeting called for that purpose by the directors of said 
company, to any sum requisite for the completion of said 
railroad. Previous to a vote being taken for an increase of stock maybe 
the capital stock, the directors shall give a full statement of '°"^^'^'^- 
the objects for which said increase is required ; also, make 
a full statement of the condition and affairs of the company. 
The shares in said company shall be deemed and considered 
personal property. 

§ 9. It shall be lawful for all persons of lawful age or who may sub- 
for the agents of any corporate body, duly authorized in scribe stock. 
behalf of the same, to subscribe to any amount of the capi- 
tal stock : Provided, that the directors of said corporation 
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. 

§ 10. It shall be lawful for the directors to make calls caii for pay- 
upon the sums subscribed to the capital stock of said com- ™'^°"' '^"^• 
pany, at such time or times and in such amounts as they 
shall deem fit, giving at least thirty days' notice of each of 



24 



RAILROAD COMPANIES — INCORPORATED. 



Non-payment, 
penalty lor. 



Surveys and 
examinations. 



Payments for 
land taken. 



May borrow 

money. 



Issue bonds 



Dividends 
be declared, 



Rules for gov- 
ernment. 



said calls ; and in case of failure of any stockholder to 
make payment of any call by said directors for sixtj'^ days 
after the same shall have become due, the said board of di- 
rectors are hereby authorized to declare said stock so in ar- 
rears and all sums paid thereon forfeited to said company, 
or to recover such unpaid sum or sums in an action of debt 
in any court having jurisdiction thereof. 

§ 11, And the said company are hereby aathorized, by 
their engineers and agents, to enter any land, for the pur- 
pose of making the necessary surveys and examinations for 
said road, and to enter upon and take and hold all lands 
necessary for the construction of said railroad and its ap- 
pendages, first making just and reasonable compensation to 
the owners of said lands for any damage that may arise to 
them from the building of said railroad ; and in case the 
said company shall not be able to obtain the title to any 
]ands or premises that may be necessary for the purpose of 
said road and its appendages, by purchase or voluntary ces- 
sion, the same may be obtained in the mode provided 
by the general lavt^s now in force or which may hereafter be 
in force, providing for the condemnation of lands for pur- 
poses of internal improvement. 

§ 12. The said company are authorized and empowered 
to borrow, from time to time, such sums of money, not ex- 
ceeding double the amount of stock subscribed, and. upon 
which at least twenty-five per cent, shall have been paid, 
as may be necessary for constructing, completing and fur- 
nishing or operating said railroad, and to issue and dispose 
of their bonds in denominations not less than five hundred 
dollars, for any amount so borrowed, and to pay any rate of 
interest therefor not exceeding ten per cent., and to pledge 
and mortgage the said road and its appendages, or any part 
thereof, or any other property, effects, rights, credits or 
franchises of the said company, as security for any loan of 
any money and interest thereon, and to dispose of the 
bonds issued for such loan at such rates and on such terms 
as two-thirds of the directors may determine. 

§ 13. The said company shall, annually or semi-annually, 
make such dividends as they shall deem proper of the net 
profits, receipts or income of said company among the 
stockholders therein, in proper porportion to their respective 
shares. 

14. Said company shall have power to make, ordain 
and establish all such by-laws, rules andrea'ulatious as may 
be deemed expedient and necessary to fulfill the purposes 
and carry into efiect the provisions of this act and for the 
well ordering and securing the affairs and interests of said 
company : Provided, that the same be not repugnant to 
the laws of the United States or of this state. This act and 
all by-laws that may be adopted by the directors of said 
company and all additions or alterations thereto shall be 



EAILROAD COMPANIES — INCOEPOEATED. 25 

printed in convenient form and be distributed among tbe 
stockboldors of said company, 

§ 15. It sball be lawful for any fifceen stockholders, by Meetino; of 
giving thirty days' notice, stating the objects, to call a "'"'^^khoiaBr*. 
meeting of the stockholders of said company ; and the 
secretary of said company shall certify said call and record 
the same, as well as all matters that may be transacted un- 
der such call. The stockholders present under such call .BOTjis^oj.en for 
may proceed and appoint from among themselves a com- ^^^^^'^ '°"' 
mittee of three, with fnll power to examine all books, pa- 
pers, and accounts belonging to said company ; and said 
committee may employ any competent accountant or ac- 
countants to aid in said examinations ; and said committee 
shall have full power to examine any officer or officers, 
agent or agents or employees of said company, under oath, 
to be administered by the chairman of said committee, and 
said officer, agent or employee shall duly answer all ques- 
tions that may be required of them by said committee, 
touching any matter or matters relating to the aft'airs of 
said company ; and the officers and agents of said com- 
pany shall aid, as far as in their power, said committee, 
as they may require in said examination. The expense of Expenses. 
said examination shall be paid from the treasury of said 
company, upon warrants drawn upon the treasurer and 
certilied by said committee ; and said committee shall 
make a detailed report of said examination, at such time or 
times as said stockholders may direct. 

§ 16. Notice shall be publislied in the papers printed j,o^j'p™'^^[.'*'j^a*^'' 
within the counties through which the said road is located, tors in general. 
for subscriptions to the capital stock and elections of di- 
rectors, and calls for installments to be paid upon the capi- 
tal stock, and all meetings of stockholders. All matters in- 
tended for the action of stockholders by the directors or 
stockholders authorized to call meetings, shall be published 
in the notice given for the meeting before which said mat- 
ters shall be brought. 

§ 17. The corporation shall be bound to repair all pub- ^fyl^''^ ^^^' 
lie highways, bridges and w'ater courses which may be in- 
jured in constructing said railroad or its appendages, and 
shall restore them, as far as practicable, to as good condi- 
tion as they were before they were injured. 

§ IS. The company shall be allowed six years, from the Timeof com- 

!• j^i • . i- .1 . r- -J -1 J mencement and 

passage oi this act, tor the commencement oi said railroad ; completion of 
and in case the same shall not be completed in ten years '■**^"^- 
thereafter the privileges herein granted shall be forfeited. 

§ 19. Said corporation shall transport firewood and fuel, Transpcrtation. 
of every description, over its railroad, whenever the same Requirements, 
shall be otlered for transportation, at rates as low as the 
rates said company shall charge for the transportation of 
other freights of a similar class. 

Vol. 111-4: 



^6 EAILROAD COMPANIES — INCOEPOEATEt). 

Construction of § 20. This act shall be deemed and taken as a public 
*'^'* act, and shall be construed beneficially for all purposes 

herein specified or mentioned. 
Approved March 29, 1869. 



In force March AN ACT to incorporate the Oilman and Wilmington Railroad Company. 

29, 18G9. "^ 

Section 1. Be it enacted hy the Peojple of the State of 
Illinois, represented in the General Assembly, That Elias 

Corporators. Winger, R. B. M. Wilson, L. Milk, E. S. McCaughej, Wm. 
H. Mann, A. J. Mclntire, D. U. Cobb, and E. 11. Jessup, 
and their successors and assigns, are hereby created a body 

Name and style. pQiii-ic ^nd Corporate, by the name and style of "The 
Gilman and Wilmington Railroad Company," with per- 
petual succession ; and, by that name, be and hereby are 
made capable, in law and equity, to sue and be sued, plead 
and be impleaded, defend and be defended, in any court of 
law and equity in this state or any other place ; to make 
and use a common seal, to renew and alter the same at 
pleasure ; and shall be and they are hereby vested with all 
powers, privileges and immunities which are or may be 
necessary to carry into effect the purposes and objects of 
Objects of the this act, as hereinafter set forth; and said company are 

corporation. jjercby authorized and empowered to locate and construct a 
railroad, with a single or double track, from the town of Gil- 
man, in the county of Iroquois, in the state of Illinois, 
upon the most eligible route, to the town of Wilmington, 
in the county of Will, in the state of Illinois ; and, for this 
purpose, the said company are authorized to lay out and 
locate their said road, not exceeding one hundred (100) 
feet in width, through the whole length of said route ; and 
for the .purpose of cuts, embankments, stone and gravel, 
may take and appropriate as much more land as may be 
necessary for the construction and security of said road. 
^^^°"^t capita. § 2. The capital of said company shall consist of eight 
hundred thousand (800,000) dollars, which may be increased 
to any amount necessary for constructing and equipping 
said road, not exceeding two millions (2,000,000) of dollars, 
to be divided into shares of one hundred (100) dollars each. 

difo*cto-8* °^ '^^ ^^' '■^^ corporate powers of said company shall be vested in 
and exercised by a board of directors, who shall be chosen 
by the stockholders of said company, whose number shall 
be determined by said stockholders in the manner herein- 

Tcrm of office, alter provided, who shall hold their office for one (1) year 
or until their successors shall be elected and qualified ; 

Quorum. and said directors, a majority of whom shall form a quo- 

rum for the transaction of business, shall elect one (1) of 



RAILROAD COMPANIES — INCORPORATED. 27 

their number president, and one (1) to be vice president of officers, 
the said company ; and said board of directors shall have 
power to appoint a secretary, treasurer and all other neces- 
sary clerks and officers necessary for the transaction of the 
business of the company. 

§ 3. Said corporation are hereby authorized, by their Examinations 
agents, surveyors and engineers, to cause such examinations and surveys. 
to be made of the grounds and country as shall be necessary 
to determine the most desirable route whereon to construct 
their said railroad ; and it shall be lawful for said company 
to enter upon and take possession and use all such land and Private prop- 
real estate as will or may be necessary for the construction ken. ™*^ 
and maintenance of their railroad, its depots, side tracks, 
water stations, engine houses, machine shops, and other 
buildings and appendages necessary to the construction and 
running of said railroad : Provided^ that all lands or real es- 
tate so taken possession of or entered upon by said corpora- 
tion, shall be paid for by said company in damages, if any be Damages for 
sustained by the owner or owners thereof; and all lands en- 'and taken. 
tered upon and taken for the use of said corporation, which 
are not donated to said company, shall be paid for by said 
company, at such price as may be mutually agreed upon by 
the company and the owner or owners thereof; and, in case 
of disagreement, the price shall be estimated, fixed and 
recovered in the manner provided by the general laws now 
in force or which may hereafter be in force providing for the 
condemnation of land for purposes of internal improvement. 

§ 3. The persons named in the first section of this act open books for 
are hereby appointed commissioners, who, or a majority of subscription. 
whom, are hereby authorized to open books for subscription 
to the capital stock of said company, at such times and such 
places as they may think proper, and also to appoint agents 
to open books and receive such subscriptions ; and as soon 
as the sum of fifty thousand (50,000) dollars shall have been 
subscribed and five (5) per cent, of said subscription shall 
have been paid to said corporation, the commissioners shall 
call a meeting of the stockholders, either in the town of Meeting of the 
Gilman or Wilmington, as a majority of the commissioners 
may direct, by publishing the same in some newspaper 
published in one or both places, or by notice served upon 
each stockholder, of the time and place of holding such meet- 
ing, where it shall be lawful for the stockholders to elect Eiectir.n of 
the directors of said company, of which there shall not be "^*^ ''°"^" 
less than seven (7) nor more than thirteen (13), and transact 
such other business as they shall deem necessary ; and, 
when the directors shall have been elected, the commis- 
sioners shall deliver over to the directors all books, moneys, 
subscription, etc., held by them and belonging to said com- 
pany. No person shall be a director unless he shall be a 
honafide stockholder in said company. 



cities 
stock 



28 KAILROAD OOMPANDBS-^mOORPORATBD. 

Annual meet- §5' The annual meeting of the directors shall be fixcd 
ins of directors, by the by-laws of said directors; and at all meetings all 
stockholders shall be entitled to one (1) vote for each share 
held by such stockholder, upon which all installments called 
have been paid. 
Organization. g Q^ The directors of said company, after the same is 
organized, are hereby authorized and empowered to receive 
subscriptions to their capital stock, on such terms and in 
such amounts as they may deem for the interest of said com- 
pany, and as they may prescribe by their by-laws, from any 
other railroad company or corporation, and from any county, 
city, town or organized township making the same ; but no 
subscription to the capital stock of said company shall be 
made by any county, city, town or township until the 
legal voter?. ° qucstion of making such subscription shall have been sub- 
mitted to a vote of the legal voters thereof at a regular 
election or a special election to be called for that purpose ; 
and in all cases at least thirty days' notice of such election 

Towns and shall be given, in the manner now prescribed by law ; and 
m^ take j,| c^qq^ at sucli clcction, a majority of all the votes cast 
shall be for such subscription, such county, city, town 
or township, in which such election shall be held, shall have 
power to subscribe to the capital stock of said company to 
the amount speciiied at such election, and not otherwise. 
Right of way. g 7, I'he right of way and the real estate purchased for 
the right of way or other purposes, by said company, 
whether by mutual agreement or otherwise, or which shall 
become the property of said company by operation of law, 
as in this act provided, shall, upon the payment of money, 
belonging to the owner or owners of said lands, a compen- 
sation for the same, become the property of the company in 
fee simple. 

wneu vncau- ^ g^ jj^ casc of death, resignation or removal of the 

cies occnr, how <' . . . • , , 1 • , . • 1 p 

filled. president, vice-president or any director, at any time before 

the annual election, such vacancy shall be filled, for the 
remainder of the year, by the board of directors ; and in 
case of the absence of the president and vice-president, the 
board of directors shall have power to appoint a president, 
pro tempore who shall have and exercise such powers tind 
functions as the by-laws of said corporation may provide. 

intsrssetions. § 9. Whenever it shall become necessary, in the con- 
struction of said railroad, to intersect or cross a track of any 
other railroad or stream of water, or water course, road or 
highway, on the route of said railroad, it shall be lawful 
for the company to construct their railroad upon or across 
the same: Provided, that the said company shall restore 
the same, thus intersected or crossed, to its former con- 
dition of usefulness. 
May unite § 10. Said company shall have power, by and with the 

raoi'9s'^'''°°" consent of the owners of three-fourths (f) of the capital stock 



RAILROAD COMPANIES — INCORPORATED. 29 

of said company, to unite, connect or make running arrange- 
ments with any other railroad now in operation or hereaf- 
ter to be constructed, crossing said road or at either end 
thereof, 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 connec- 
tion. 

§ 11. That the said railroad company, by this act in- ^f^/^_ ^°"'°'' 
corporated, shall have power to borrow money, on the 
credit of the company, not to exceed its capital stock, at a 
rate of interest not to exceed ten per cent., per annum, 
payable semi-annually, and may execute bonds therefor, issue bonds. 
with interest coupons thereto annexed, and secure the pay- 
ment of the same by mortgage on the whole or any part 
thereof of, the said road, property and income of the com- 
pany then existing or thereafter to be acquired, and may 
annex to said mortgage bonds the privilege of converting 
the same into the capital stock of said company, at par, at 
the option of the holders, if such election be signified in 
writing to the company three years before the maturity of 
said bonds. 

§ 12. That the directors of said company be and they May seii bonds, 
are hereby authorized to negotiate and sell the bonds of the 
said company, at such times and places either within or 
without this state, and at such rates and at such prices as 
in their judgment will best advance the interests of the 
company ; and if such bonds are thus negotiated or sold at 
a discount or below their par value, such sale shall be hb 
valid and binding on the company, in every respect, as if 
sold at their par value. 

§ 13. That the said company, in securing the payment v^®^'^*'' J^^ 
of said bonds by mortgage, to secure the payment of the 
full amount of the bonds which the company may at the 
time said mortgage bears date, or at any time thereafter, 
desire to sell or dispose of, may execute and sell, from time 
to time, such amounts of said bonds, and of such dates and 
payable to such persons as the directors of said company 
may deem advisable, till the whole amount of bonds men- 
tiod in such mortgage is executed and sold ; and the said 
mortgage shall be as valid and efiectual to secure the pay- 
ment of the bonds so executed and sold, and every part 
thereof, as if the [same] and every part thereof had been 
executed with even date with the said mortgage. 

§ 14. Said corporation shall transport fire wood and fuel, Transportation. 
of every description, over its railroad, whenever the same 
shall be ofi'ered for transportation, at rates as low as the 
rates said company shall charge for the tranP])orturion of 
other freights of a similar class. , 

§ 15. This act shall be deemed a public act, and shall act. 
be favorably construed, for all purposes herein expressed 



30 KAILEOAD 00MPA2JIES— >-INCOBPOKATED. 

When act to ^^^ declared, in all the courts or places whateoever, and 
take effect. shall be in force from and after its passage. 
AppRovfiD March 29, 1869. 



In force Jiiue AN ACT to incorporate the Golconda and DuQuoin Railroad Company. 
19, 1S69. ^ f . 

Section 1. .Be it enacted hy the Peojyle of the State of 
Illinois^ represented in the General Assemhly, That John 

coiTorators. Gilbert, Wesley Sloan, John Wertz, N. D." Clark, P. D. 
Field, John M. Ran m and John Foote, are hereby made 
and constituted a body corporate and politic, by the name 

Name and style, and Style of "The Golconda and DuQuoin Railroad Com- 
pany," with perpetual succession ; and, by tiiat name and 

Corporate pow- style, shall be capable, in law, of taking, purchasing, hold- 
ing, leasing, selling and conveying real and personal estate 
and property, so far as the same may be necessary for the 
purposes hereinafter mentioned ; and, in their said corpo- 
rate name, to sue and be sued ; to have a common seal, 
which they may alter or renew at pleasure ; to have a capi- 

gUKk"'^'^*^'^^'*^' ^'^ stock of one million of dollars, to be divided into shares 
of one hundred [dollars] each, which said capital may be 
increased, from time to time, by a vote of a majority of 
the directors of this corporation, to any sum requisite for 
the completion and fulfillment of the objects and purposes 
of the corporation hereby created ; and said above named 

di^ctors"^"^ 0^ pcrsons sliall be and constitute the first board of directors, 
and may have and exercise all powers, rights, privileges 
and immunities which are or may be necessary to carry in- 
to effect the purposes and objects of this act, as hereinafter 
set forth. 

ofraiiroaas'^et*c° § ^- "^^^^ ^^^^ companv are hereby authorized and em- 
' powered to locate, and, from time to time, to alter, change, 
relocate, construct, reconstruct and fully to finish, perfect 
and maintain a railroad, with one or more tracks, commenc- 
ing at a point on the Ohio river, v/ithin two miles above 

Route of road, and two milcs below the mouth of Lusk Creek, in Golcon- 
da, Pope county ; thence, on as straight a line as may be 
feasible, by the way of Marion, in Williamson county, to 
intersect or cross the Illinois Central Pailroad at or near 
DuQuoin, in Perry county; and the said company are 
hereby authorized, by their engineers and agents, to enter 
into and upon any lands, for the purpose of making the 

Survey of route, neccssary surveys and examinations for said road, and to 
enter upon, take and hold all lands necessary for the con- 
struction of the said railroad and its appendages, first mak- 
ing just and reasonable compensation to the owners of said 
land for any damages that may arise to them from the build- 



JRAILROAD COMPANIES — INCOBPOEATED. SI 

ing of said railroad ; and in case the company shall not be 
able to obtain the title of any land or premises which may 
be necessary for the purpose of said road and its appenda- 
ges, by purchase or voluntary cession, it may be lawful for condemn la^d. 
them to proceed in the manner now provided by the laws of 
this state for the condemnation of lands by incorporated 
companies ; and upon payment by. said company of the 
damages assessed or appraised, in accordance with the pro- 
visions of said law, said company shall be authorized to 
enter upon such lands, for any of the purposes contempla- 
ted by this act, and to use and enjoy the same, in all re- 
spects, as if the title thereto had been obtained by voluntary 
cession or conveyance ; and the real estate, of sufficient 
width for road-bed, turnouts and depots, shall become the 
property of said company, in fee simple. 

§ 3. Said directors shall organize the board as soon as oieankation. 
practicable after the passage of this act, by electing one of 
their number president, and by appointing a secretary and Election of 
treasurer — which organization shall be certified by seven °^"'^^- 
directors or a majority of them ; and such certificate shall 
be recorded in the record book of said company ; and said 
record shall be sufficient evidence of such organization, and 
a certified copy tliereof, under the seal of said corporation, 
shall be received in all the courts of this state as evidence 
of the facts therein stated ; and said directors shall hold Term of offlcf . 
their offices for one year from and after the organization of 
said board and until their successors shall be elected and 
qualified, as hereinafter provided. All vacancies in said 
board may be filled by a vote of two-thirds of the directors 
present at any regular meeting of the board or at a special 
meeting called for that purpose. 

§ 4. Said directors shall, as soon after the passage of subscription 
this act as practicable, open books for the purpose of receiv- capitai'B™ck^/*' 
ing subscriptions to the capital stock of said company, at 
such places along the line of said road and elsewhere, as 
said directors shall determine, under the direction of such 
agents as said directors shall appoint ; and said books shall 
be kept open, from time to time, until the amount of said 
capital stock shall be subscribed or until said directors shall 
determine to close the same ; and it shall be lawful for the collection of 
directors to require the payment of the sums subscribed to be enforced^" '° 
the capital stock at such times and in such proportions and 
on such conditions as they shall deem fit, under the penalty 
of the forfeiture of all previous payments thereon, and shall 
give notice of the payments thus required and of the place 
[and] time when and where the same are to be made, at 
thirty days' notice previous to the payment of the same, in 
some public newspaper published in at least one of the 
counties through which said road may be constructed. 

§ 5. That said company may transport on said railroad Trwgportation. 
any person or persons, merchandise or other property, by 



32 RAILROAD COMPANIES — INCORPORATED, 

the force and power of steam or animals, or any combina- 
tion of them, and may fix and establish, take and receive 
such rates of toll for all passengers and property transported 
upon their road as the directors of said company shall, from 
Rules for gov- time to time, establish ; and the directors are hereby au- 
thorized and empowered to make all necessary rules, by- 
laws and ordinances that they may deem necessary and expe- 
dient to accomplish the designs and purposes [and] to carry 
into efiect the provisions of this act and for the transfer 
and assignment of its stock, which is hereby declared per- 
sonal property, and transferable in such manner as shall be 
provided by the by-laws and ordinances of said company. 

is«u9 bonds. § 6. Said company shall have power to issue bonds, 

and, by mortgage on its railroad and the rents and profits 
thereof and on ail or any part of the property, real or per- 
sonal, or franchises owned by said company, to secure the 
payment of its bonds, or such sums of money as said com- 
pany may agree to pay, for all or any of the purposes con- 
nected with the construction or operation of its railroad 
herein authorized to be constructed. 

aifsctoi?. °^ *''^' § '^- The afiairs of said company shall be managed by 
a board of seven directors, to be chosen annually by the 
stockholders from among themselves. At all elections for 
directors each stockholder shall be entitled to one vote for 
each share of stock held by him, and may vote personally 
or by proxy ; and a plurality of the votes given at any 

Term of office, election shall determine the choice. The directors shall 
hold their ofiices for one year after their election and until 
their successors are elected and qualified, and shall elect 
one ot their number president of said board ; and in case 
of any vacancy occurring in said board between elections 
the ?ame may be filled by the board at any legal meeting 
of the directors, and the person so elected to fill the vacancy 
shall hold his ofiice until the next annual meeting of the 
Abseueeofihe stockholders. In case of the absence of the president of 

pres eu . ^-y^^ board, the directors shall have power to elect a presi- 

dent, pro tempore, who shall exercise, for the time being, 
all the legal powers of tbe president of said board. 
Construction § 8. Said Company shall have authority to construct its 

of laiiroad. j.^^^ ^^ ^^ across any stream of water, water course, road, 
highway, railroad or canal, which the route of said road shall 
intersect; but the company shall restore the stream or 
water course, road or highway, thus intersected, to its for- 
mer state, or so near thereto as not materially to impair its 
usefulness. 

consoiidatisn. § 0. It shall be lawful for said company, by and with 
the consent of the owners of a majority of the capital stock 
of said company, to unite or consolidate with any other 
railroad or company which may have been or may hereaf- 
ter bo incorporated by this state, and to grant to such com- 
pany the right to construct or use any portion of said road 



KAILKOAD COMPANIES — INOOEPORATED, 83 

hereby authorized to be constructed, upon such terms as 
may be mutually agreed upon between said companies, and, May purcha?e 
also, to purchase or lease all or any part of any other rail- roadsf*'^ °^^^^ 
road which is or hereafter may be built in this state, sell its 
road, franchises, real and personal property, to any other 
company or companies which may have been or may here- 
after be incorporated by this state, upon such terms as may 
be mutually agreed upon between said companies. 

§ 10. If any person or persons shall willfully do or cause injury toroad, 
to be done any injury to said road, the person so offending penalty for. 
shall forfeit and pay to the said company three times the 
amount of such injury or damage, to be recovered before 
any court having jurisdiction of the same. 

§ 11. Said corporation shall transport firewood and fuel, Transportation 
of every description, over its railroad, whenever the same °^ ^'■'^'sm. 
shall offer for transportation, at rates as low as the rates 
said company shall charge for the transportation of other 
freights of a similar class. 

§ 12. This act shall be deemed and taken as a public Timeofcom- 
act, and shall be construed beneficially for all purposes I'letioc of road 
herein specified or intended ; and the said company shall 
commence the said work within three years and complete 
the same within seven years from the passage of this act. 

Approved March 27, 1S69. 



AN ACT to incorporate the Grand Prairie and Crescent Kailroad Company. In force March 

13, 1SG9, 

Section 1. jBe it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That Isaac corporators. 
McCourte, George W. Morris, G. B. Winter, W. P. Pier- 
son, H. Jefferson, Elkanah Doolittle, T. Amerman, F. P. 
Beach, Lewis Russ, E. D. Robbins, J. C. Ward, Ed. Rum- 
ley, A. S. Palmer, Sanford K. Marston, M. H. Messer, and 
their associates, successors and assigns, are hereby created 
a body politic and corporate, by the name and style of "The Name and style, 
Grand Prairie and Crescent Railroad Company," with per- 
petual succession ; and, by that name, be and are hereby corporate pow- 
made capable, in law and equity, to sue and be sued, plead ^"' 
and be impleaded, defend and be defended, in any court of 
law and equity in this state or any other place ; to make 
and use a common seal, to renew and alter the same at 
pleasure ; and shall be and are hereby vested with all pow- 
ers, privileges and immunities which are or may be neces- 
sary to carry into effect the purposes and objects of this act, 
as hereinafter set forth. And said company are hereby construction of 
authorized and empowered to locate and construct a rail- '^°*'^' 
road, with a single or double track, from the town of 
VoL III— 5 



34 



RAILROAD COMPANIES — INCORPORATED. 



Onarga, to intersect the Toledo, Peoria and Warsaw Eail- 
road, at or near the place where said Toledo, Peoria and 

Route of road. Warsaw Railroad crosses Spring creek, or near the town of 
Crescent, in the county of Iroquois, state of Illinois; and, 
for this purpose, the said company are authorized to locate 
and lay out their road, not to exceed one hundred (100) 
feet in width, through the whole length of said route; and, 
for the purpose of cuttings, embankments, stone and gravel, 
may take and appropriate as much more land as may be 
necessary for the construction and security of said road. 

capuai^stock °^ ^ ^* '^^^ Capital stock of said company shall consist of 
two hundred thousand (200,000) dollars, which may be in- 
creased to any amount which may be necessary for con- 
structing and equippine: said road, not to exceed three hun- 
dred thousand (300,000), to be divided into shares of fifty 

Corporate pow- (50) dollars each. All the corporate powers of said com- 
Board of di- P^^J ^-^^11 be vestod in and exercised by a board of direc- 

rectors. tors, who shall be chosen by the stockholders of said c(jm- 

pany, whose number shall be determined, by said stock- 
Term of offlce. holders in the manner hereinafter provided, who shall hold 
their office for one (1) year or until their successors shall 
be elected and qualified; and said directors, a majority of 
Qoorum to do wliom shall Constitute a quorum for the transaction of busi- 

business. ness, shall elect one (1) of their number to be president and 

one (1) to bo vice-president of the company ; and said board, 
of directors shall have power to appoint a secretary, treas- 
urer and all necessary clerks and other officers necessary 
for the transaction of the business of said company. 

Surveys, etc. § 3. The Said corporation are hereby authorized, by 

their agents, surveyors and engineers, to cause such exami- 
nations to be made of the ground and country as shall be 
necessary to determine the most desirable route whereon to 

Condemn land, construct their Said road; and it shall be lawful for said 
company to enter upon and take possession of and use all 
such land and real estate as will or may be necessary for 
the construction and maintenance of said road, its depots, 
side tracks, water stations, engine houses, and appendages, 
necessar}^ to the construction of said road : Provided^ that 
all lands or real estate entered upon and taken possession of 
by said corporation shall be paid for by said company in 
damages, if any be sustained by the owner or owners there- 
of by the use of the same for the purposes of said railroad ; 
and all lands entered upon and taken for the use of said 
Compensation corporation, which are not donated to said company, shall 

for land taken, j^e paid for by Said corporation at such price as may be 
mutually agreed upon by the said company and the owner 
or owners thereof; and in case of disagreement the price 
shall be estimated, fixed and recovered in the manner pro- 
vided by the general laws now in force or which may here- 
after be in force providing for the condemnation of land for 
purposes of internal improvement. 



EAILEOAD COMPANIES — INCORPOEATED. 35 

§ 4. The persons named in the first section of this act opeu hooks for 
are hereby appointed commissioners, who, or a majority of ^" '^"'''''°^'' 
whom, are hereby authorized to open or cause to be opened 
subscription books for the stock of said company, at such 
time a'ld in as many places as they may think proper, and 
also to appoint one (1) or more agents to open such books 
and receive such subscriptions. The said commissioners, or First instaii- 
iheir agents, shall require each subscriber to pay ten ($10) "^°^*- 
dollars on each share subscribed, at the time of subscribing ; 
and whenever fifty thousand ($50,000) [dollars] are sub- 
scribed, the said commissioners shall call a meeting, in caii of meeting. ■ 
Onargo or Crescent, as a majority may determine, of the 
stockholders, by giving thirty (30) days' notice in some 
newspaper printed in the county of Iroquois, or by personal 
notice served upon each of the stockholders, of the time and 
place of holding such meeting ; and at such meeting it shall , 

be lawful for the stockholders to elect the directors of said 
company, of which there shall be not less than five (5) nor 
more than nine (9), and transact any other business ; and 
when the directors are chosen, the said commissioners shall 
deliver said subscription books, with all sums of money re- 
ceived by them or by any agent appointed by them as com- 
missioners, to said directors. Ko person shall be a director 
unless he shall be a bona fide stockholder. 

§ 5. The annual meeting of the directors shall be fixed Annual meet- 
by the by-laws of said directors ; and at all meetings, all ^°^' 
stockholders shall be entitled to one (1) vote for each share 
held by such stockholders, upon which all installments called 
have been paid. 

§ 6. The directors of said company, after the same is orgauization. 
organized, are hereby authorized and empowered to receive 
subscriptions to said capital stock, on such terms and in such 
amounts as they may deem for the interest of said company, "* 
and as they may prescribe by their by-laws and regulations, 
from any other railroad company or corporation, and from 
any city, town or organized township making the same. 

§ T. The right of way and real estate purchased for the Right of way. 
right of way or other purposes by said company, whether 
by mutual agreement or otherwise, or which shall become 
the property of said company by operation of laws, as in 
this act provided, shall, upon the payment of money belong- 
ing to the owner or owners of said lands, as a compensa- 
tion for the same, become the property of the said com- 
pany, in fee simple. 

§ 8. In case of the death or resignation or removal of vacanciea, how 
the president, vice-president or any director, at any time 
before the annual election, such vacancies shall be filled, for 
the remainder of the year, by the board of directors ; and 
in case of the absence of the president and vice-president, 
the board of directors shall have power to appoint a presi- 
dent, pro tempore, who shall have and exercise euch powers 



Ob RAILROAD COMPANIES — INCORPORATED. 

and functions as the by-laws of said corporation may pro- 
vide. 

Intersections. § 9. Whenever it shall be necessary for the constriic- 
tion of said railroad to intersect or cross a track of any 
other railroad or stream of v^^ater or water course or road of 
any kind or highway, on the route of said railroad, it shall 
be lawful for the company to construct their railroad upon 
or across the same : Provided^ that the said company shall 
restore the same, thus instructed or crossed, to its former 
state, or in sufficient manner to restore its usefulness. 
May connect § 10. Said Company shall have power to unite, connect 

w erroa s ^^ j^iakc running arrangements with any other railroad, 
now or hereafter to be constructed, crossing the railroad of 
said company or built at either end thereof, and, for that 
purpose, full power is hereby given to said company to 
make [and] execute such contract with any other company as 
will secure the object of such connections. 
May borrow §11. That the Said railroad Company, by the act iucor- 

mjney. poratcd, shall have power to borrow money, on the credit 

of the company, not exceeding its authorized capital stock, 
at a rate of interest not exceeding ten per cent. jDer annum, 
payable semi-annually, and may execute bonds therefor, 
with interest coupons thereto annexed, and secure the j^ay- 
ment of the same by mortgage on the whole or any part 
thereof of the said road, property and income of the com- 
Bondsmaybe pauv then cxistiug Or hereafter to be acquired, and may 

coDVGrtGQ into *- *j o a. y *j 

capital stock, anuex to Said mortgage bonds the privilege of converting 
the same into capital stock of said company, at par, at op- 
tion of the holders, if such election be signified in writing 
to the company three (3) years before the maturity of said 
bonds. 
May negotiate § 12. The directors of said company be and they are 

bonds. hereby authorized to negotiate and sell the bonds of the 

said company, at such times and places, either within or 
without this state, and at such rates and for such prices as 
in their opinion will best advance the interests of the com- 
pany ; and if such bonds are thus negotiated or sold at a 
discount below their par value, such sale shall be as valid 
and binding on the company, in every respect, as if they 
were sold or disposed of at their par value. 
Security fnr § 13. That the Said company, in securing the payment 

payment bonds, of said bonds, by a mortgage aforesaid, to secure the pay- 
ment of the full amount of the bonds which the company 
may at any time said mortgage bears date or at any time 
thereafter desire to sell or dispose of, may execute and 
sell, from time to time, such amounts of said bonds and of 
such dates and payable to such persons as the directors of 
said company may deem advisable, till the whole amounts 
of bonds mentioned in such mortgage is executed and sold ; 
and the said mortgage shall bo as valid and eftectual to se- 
cure the payment of said bonds, so executed and sold and 



EAILEOAD COMPANIES — INOOEPOEATKD. 37 

every part thereof, as if the saino and every part thereof 
had been executed with even date with the said mortgage. 

§ 14. That the inhabitants of the town or city through Elections for 
which said railroad may pas3 or run or be located, or the |?(5cT'''"°°^ °' 
inhabitants of any township or city who may desire to have 
said railroad over, upon or near their township, city or pre- 
cinct, may call an election, at any time, by giving thirty 
days' notice of the amount and terms upon which subscrip- 
tion is to be made, together with the time and place of 
holding such election, by posting up ten (10) written or 
printed notices of the same in ten (10) of the most public 
places in each township, city or precinct, said election is to 
be held, for the purpose of subscribing stock to the said 
railroad and for raising money to build the same ; and if a submitted to 
majority of the legal voters of such township, city or pre- legai voters. 
cinct shall be for such subscription, then it shall be lawful 
for such township, city or precinct, so voting, to issue their 
bonds, drawing not more than eight per cent, interest, pay- 
able annually, for the amount and upon the conditions so 
voted ; which said bonds shall be signed by the supervisor 
and town clerk of the township so voting and by the mayor 
and city clerk if issued by a city. 

§ 15. Said bonds, when so issued, shall be registered, Kecotci of bonds 
with date, number, rate of interest, amount, and when due, 
in the office of the county clerk in the county in which the 
bonds may be issued. 

§ 16, Said corporation shall transport fire-wood and Trau?po!tatiou 
fuel, of every description, over its railroad, whenever the 
same shall be offered for transportation, at rates as low as 
the rates said company shall charge for the trans j)ortati on 
of other freights of a similar class. 

§ 17. This act shall be deemed a public act, and is here- 
by so declared, and shall be favorably construed for all pur- 
poses herein expressed and declared, in all the courts or 
places whatsoever, and shall be in force from and after its 
passage. 

Appeoved March 13, 1809. 



AN ACT to incorporate tlie Uarrisburg and Great Northern Railroad Cora- In force March 

pany. •''^< ^''^"'• 

Section 1. J3e it enacted by the People of the State of 
Illinois^ represented in the General Assembly, That Green corporators. 
13. Raura, Samuel S. Marshall, John AV. Mitchell, Charles 
A. Beecher, A. G. Cloud, Joseph Piquet, and their asso- 
ciates, successors and assigns, are hereby created a body 
corporate and politic, under the name and style of "The 



38 RAILEOAD COMPANIES — mCOEPOEATBD. 

Nameandstyie. Hai'risburg and Great ISTorfchern Railroad Company," with 
perpetual succeesion ; and by that name, both in law and 

Corporate pow- equity, may sue and be sued, plead and be impleaded, de- 

^"^" fend and be defended against, in any court in this state or 

any other place ; and may contract and be contracted with; 
may make, have and use a common seal, and alter the same 
at pleasure ; and may receive, purchase, hold, sell, mort- 
gage, lease, convey and deliver real and personal property, 
for the uses and purposes hereinafter mentioned ; and said 
company shall have all the powers, privileges, rights and 
immunities which are or may be necessary and proper to 
carry into effect the objects and purposes of this act. 
Location and § 2. The Harrisburg and Great ]N orthern Railroad Com- 

«o^|tr"ct{oii of pany shall have full power and authority to locate, and from 
time to time to re-locate, construct, recontsruct and to finish, 
equip, maintain and operate a railroad, with one or more 
tracks, from the town of Harrisburg, in Saline county, by 
way of McLeansboro, in Hamilton county, to any point on 
the Illinois Central Railroad, south of Chicago. And said 

RoiTte of road company shall have power and authority to make the city 
of Chicago, Cook county, or Danville, in Yermilion coun- 
ty, the northern terminus of said railroad ; and, for this 
purpose, said company is authorized to lay out its said road, 
not exceeding one hundred and fi.fty feet wide throughout 
May take and the entire length of said road, and, for the purpose of ob- 

ranr^aT"^^ ^°^ taining stone, earth, sand, gravel or other material, may 
take and appropriate as much more land as may be neces- 
sary for the proper construction, maintenance and security 
of said railroad; and for constructing shops, depots and 
other suitable and convenient buildings and lixtureSf in con- 
nection with and appertenant to said railroad, may take 
and have, use and occupy any lands, upon either side of 
said railroad, not exceeding three hundred feet in depth 
from said railroad, and may take, have use and occupy all 
lands necessary for the construction and preservation of all 
necessary bridges for said railroad ; and said company may 
• take all such lands, by gift or purchase ; and whenever said 

company cannot agree with the owner or owners of all or 
any part of such lands, as aforesaid, so as to procure the 
same by the voluntary deed or act of such owner or owners, 
When owner o^ ^^ the owner or owners thereof, or any or either of them, 

a minor, etc. bg q, f 67717)16 cov67'i, au infant, 71071 coiupos mcntis, uukuowu, 
or out of the county in which the lands or any property 
wanted be situated, the same may be taken, condemned and 
paid for, if any damages are awarded, in the manner pro- 
vided for by the general laws now in force or which may 
hereafter be ii) force providing for the condemnation of 
lands for purposes of internal improvement, and the final 
decision or award shall invest the company hereby created 
with all the rights, privileges, powers, franchises and im- 
munities in said act contemplated. 



EAILKOAD COMPANIES — INOOEPOKATED. 39 

§ 3. The said company, and, under its direction, its Private prop- 
agents, servants and workmen, are hereby authorized and |en. ™^^ " 
empowered to enter into and upon the lands and grounds 
of or belonging to any person or persons, body politic or 
corporate, and survey and take levels of the same, or any 
part thereof, and to ascertain and set out such part or parts 
as said company shall think necessary and proper for mak- 
ing said railroad, and also to make, build, erect or set up in 
and upon the route of said railroad, or upon the land ad- General powers 
joining or near the same, all such work, ways or roads and 
conveniences as may be requisite and convenient for the 
purposes of said railroad, and also, from time to time, to 
alter, repair, reconstruct, widen or enlarge the same or any 
of the conveniences above mentioned, as well for the carry- 
ing and conveying of goods, commodities, timber and other 
things to and upon the said railroad, as for carrying all 
kinds of materials necessary for making, erecting, furnishing, 
altering, repairing, amending, reconstructing or enlarging 
the work of or connected with the said railroad, said com- 
pany doing as little damage as possible in the execution 
of the powers hereby granted, and making satisfaction, in 
the manner hereinbefore mentioned, for all damages, if any 
there be sustained by the owner or owners of said land. 

§ 4. The capital stock of said company shall be ten Amount cai.itai 
million dollars. ^*°'^'''- 

§ 5. The capital stock of said company shall be divided stock deemed 
into shares of one hundred dollars each, which shall be erty.°'^^ '^'^°^'" 
deemed personal property, and may be issued, certified and 
registered in such manner and in such places as may be 
ordered or provided by the board of directors, who shall 
have power to require the payment of stock subscriptions 
in the manner and at the time and place and in such suras 
as they may direct ; and on refusal or neglect on the part stock of deiin- 
of any stockholder to pay the calls on the stock owned by *i"^'^*^' ^^ ° ° • 
him or her, as required by the board of directors, the share 
or shares belonging to such stockholder may, after thirty 
days' public notice, be sold at auction, under such rules as 
the directors may adopt ; and if any surplus money remain, 
after deducting the payment due, with interest and neces- 
sary costs of sale, the same shall be paid to the delinquent 
stockholder. 

§ G. Each share of stock on which there shall be no un- vote of the 
paid calls shall entitle the owner thereof to one vote, either stockholders. 
in person or by legal proxy : Provided^ that he or she shall 
have been the bona fide owner thereof for thirty days pre- 
vious to the day of meeting at which such vote shall be 
offered, and, for that purpose, the ownership of said stock 
shall be determined by the books of the company. 

§ Y. The first board of directors shall consist of the per- , First board of 
sons named in the first section ot this act, and shall hold their 
offices for one year and until their successors are duly elect- 



directors. 



40 RAILROAD OOMPAUIES — mCORPORATED. 

Election of of- ed or appointed. The board of directors shall elect one of 

**^*^'^' their number president, and shall also elect a secretary and 

treasurer and such other officers as may be necessary for 
the transaction of the business of said company, who shall 
hold their offices as the rules and by-laws of said company 
shall determine. The board of directors shall be elected 

Vacancies, how annually, and vacancies in the board maybe filled by a 

filled. ^Q^Q Qj- two-thirds of the directors remaining' — such ap- 

pointees to continue in office until the next regular annual 
election of directors ; and the number of derectors may be 
increased, by a vote of a majority of stockholders, to any 
number not exceeding thirteen, and, upon increasing the 
number of directors, the board may also elect one of their 
number vice president. 
May ijnrchase § 8. The Said compauy shall have power to purchase 

an s wi B iai^(^g^ with the stock of said company, aud to mortgage the 
same, for the purpose of raising money to build said rail- 
road ; to accept donations from individuals, corporations, 
towns, cities, townships and counties, to secure the location 
and construction of said railroad ; and contracts, notes, 
bonds, obligations, mortgages and deeds, made by any in- 
dividuals or corporations, as a donation, as aforesaid, shall 
be valid and binding upon such individual or corporation ; 
and all orders or contracts made or executed by the corpo- 

contracts. rate authorities of any such town, city, township or county 
for the issuance of any bonds or for the conveyance of any 
real estate, as a donation to said company, to aid in securing 
the location and construction of said railroad, shall be valid 
and binding on such town, city, township or county, but 
the bonds of such town, city, township or county shall not 
be delivered to said company, as a donation, until such por- 
tion of said railroad as shall be agreed upon by the corpo- 
rate authorities of any such town, city, township or county 
and said railroad shall have been built and cars shall have 
May borrow run thcrcon. Said company shall, also, have power to bor- 

™o°ey. ^^^ money, to aid in building and equipping said railroad, 

and to secure the payment thereof may issue bonds, mort- 
gages, deeds of trust or such other obligations or instru- 
ments as said company shall consider necessary and proper. 

Indebtedness. And Said Company may issue certificates of stock, bonds or 
other obligations, for the payment of money, and, by its 
officers or agents duly authorized, sell, negotiate or hypothe- 
cate the same, at such times and places and at such rates 
and prices as in its opinion will best advance the interests 
of said company ; and if any of said certificates of stock, 
bonds or other obligations are sold at a discount, such sale 
shall be as valid and binding, in every respect, as if such 
sale was made at par value. tSaid company shall have pow- 
er to issue stock or bonds in payment for labor, materials, 
rolling stock or other machinery, in constructing, equipping 
or operating said railroad ; and said company may authorize 



KAILKOAD COMPANIES — INCORPORATED. 41 

the holders of any bond or mortgage or other obligation for 
the payment of money, issued by said company, to convert 
the same into the stock of said company ; and said company 
shall have power to give bond on the income of said com- 
pany or any part thereof; and said company may buy loco- Machinery, etc. 
motives and other rolling stock on credit and mortgage the 
same to secure the payment of the money; and said com- 
pany may make such by-laws, rules and regulations, for the 
government of its otiicers and employees and for the trans- 
action of its business, as may be determined by the board 
of directors. 

§ 9. The several towns, cities, townships or counties, .To^^™\, ^^^^ 
through, into or near which said railroad shall pass, may stock. "' 
subscribe for and take stock in said company, and may issue 
bonds in payment for such stock, of five hundred dollars 
each, bearing interest at the rate of eight per centum, per 
annum, or less, payable half yearly in the city of JNew 
York, on the first day of January and July, of each year — 
said bonds to run not longer than twenty-five years ; and a Levy tax to 
tax of not more than one dollar and fifty cents on each hun- '' 
dred dollars' worth of taxable property, may be levied and 
collected in such town, city, township or county, per an- 
num, to pay the installments on such stock, or to pay the 
interest and principal of bonds issued in payment for such 
stock : Provided, tliat no such subscription shall be made lefai^^^rs^ *° 
and no bonds shall be issued in payment for such subscrip- 
tion unless a majority of the legal voters of such town, city, 
township or county shall vote for the same, at an election 
to be held under order of the corporate authorities thereof ; 
and a majority of the legal voters at any such election shall 
be held to be a majority of the legal voters of any such 
town, city, township or county ; and the question of making 
a stock subscription and using bonds in payment thereof, 
shall be submitted as one question —the ballot of electors in 
favor of the same to have printed or written thereon the 
following words : "For subscription," and the ballot of 
electors opposed to the same to have printed or written 
thereon the following words : "Against subscription ;" and 
subscriptions to the capital stock of said company or dona- 
tions in bonds to secure the location and construction of 
the said railroad, in cases of towns or townships, may be 
one hundred thousand dollars, and in cases of cities and 
counties may be two hundred thousand dollars. The prop- Donatious. 
er authorities of any town, city, township or county may, 
at any time, submit the question of making a donation to 
secure the location and construction of said railroad, as pro- 
vided for in this act, to a vote of the qualified electors of 
such town, city, township or county, the ballots used at 
such election to have printed or written thereon "For do- 
nation" or "Against donation;" and if a majority of the 
legal votes cast at such election be "For donation," such 
Vol.IlI-6 



42 



EAILEOAD OOMPAIHES — INOOBPORATED. 



Notice of elec- 
tion. 



Extend roads. 



town, city, township or county shall be legally bound to 
make such donation as shall have been provided for in the 
order for such election, upon the terms and conditions con- 
tained in such order. And whenever the bonds of any 
town, city, township or county shall been issued in payment 
of any subscription or donation to said company, under the 
provisions of this act, it shall be the duty of the proper 
authorities of such town, city, township or county to see 
Tax to pay in- that the interest on said bonds is regularly paid; and it is 

terest. hereby , made the duty of such authorities to levy and cause 

to be collected a sufficient tax for that purpose, not exceed- 
ing the amount fixed by this act. Thirty days' notice shall 
be given for all elections held under the provisions of this 
act ; and it is hereby provided, that any election held under 
the provisions of this act at any other time than the time 
for holding general elections for state or county purposes, 
it shall not be necessary for the several boards ot registry to 
make a new register for the several voting precincts, but the 
register made of the legal voters at the last general election 
held for state or county officers may be used ; Provi- 
ded^ that the vote of any legal voter whose name does not 
appear on said register shall be received and taken in the 
same manner that unregistered legal voters' [votes] are re- 
ceived at any general election. 

§ 10. Said company shall have power to extend its said 
railroad from Harrisburg to and along the Ohio river, 
making the southern terminus of the same at Golconda, or 
Metropolis City, on said river ; and said company shall have 
. power to connect its railroad with any continuous line of 
railroads leading to the Ohio river or to the Atlantic sea- 
board, upon such terms as may be agreed upon between 
Consolidation Said Companies ; and said company may consolidate its fran- 

of railroads. chises witli any railroad company with which it may con- 
nect ; and said company shall have power to open subscrip- 
tion books, in this or any other state, at such times and 
places as shall be determined by the president and directors 
of said company ; and said company shall have power to 

Brancb roads, locate, re-locate, construct, maintain and operate one or 
more branches to its said railroad^ from such point on the 
main line of said road as said company shall deem necessary 
and convenient for the convenience of the public and forin- 
and creasing its traffic. And all the powers, rights and priv- 
ileges conferred on said company in respect to" the main 
line shall be enjoyed and may be exercised by said com- 
pany in respect to said branches ; and towns, cities, town- 
ships and counties, on or near any of said branches, may 
exercise the same powers and privileges and incur the same 
obligations, in respect to the construction of any such branch- 
es, that might be exercised or incurred in respect to the 
main liue of said company ; and said company shall have 
full power ftnd authority to connect with, lease or consoli- 



Rlffhts 
privileges. 



SAILROAD COMPANIES — INCOEPORATED. 43 

date its franchise with any other railroad company, to enable 
it to reach the city of Chicago. Said company shall trans- Transportation 
port tirewood and fuel, of every description, over its rail- 
road, whenever the same shall be offered for transportation, 
at rate as low as the rates said company shall charge for 
the transportation of other freights of a similar class. 

§ 11. This act shall bo deemed a public act, and shall 
be in force from and after its passage. 

Appkoved March 13, 18G9. 



AN ACT to incorporate the Havana, Toulon and Fulton City Railway Com- In force April 

pany. 1, 1869. 

Section 1. Be it enacted by the People of the State of 
Illinois^ TGpresenied in the General Assemhly^ That C. M. corporators. 
S. Lyon, William Lowman, John Turnbull, Ezra G. Web- 
ster, Isaac L. Newman, Kobert R. Worley, Samuel Tuck- 
er, William T. Buswell, and Patrick Nowlan, are hereby 
made and constituted a body politic and corporate, by the 
name and style of "The Havana^ Toulon and Fulton City Name and style. 
Railway Company," with perpetual succession; and, by 
that name and style, shall be capable and are hereby em- 
powered and authorized, in law, of taking, purchasing, 
holding, leasing, selling and conveying real and personal 
estate and property, so far as the same may be requisite and 
necessary for the purposes hereinafter mentioned; and, in iCorporatepow- 
their said corporate name, may sue and be sued, plead and ^^^' 
be impleaded, defend and be defended, in all courts and 
places ; to have and use a common seal, which they may 
alter and renew at pleasure; to have a capital stock of five Amount capital 
hundred thousand dollars, to be divided into shares of one ®'^°^'^' 
hundred dollars each, which said capital stock may be in- 
creased from time to time, by a vote of a majority of the 
directors of the corporation, to any sum requisite for the 
completion and fulfillment of the objects and purposes of 
the corporation hereby created. And the said above named Board oi direc- 
persons shall be and constitute the first board of directors, ""'^' 
and are hereby vested with and may have and exercise all 
powers, rights, privileges and immunities which are or may 
be necessary to carry into effect and complete, use and en- 
joy the purposes and objects of this act, as hereinafter set 
forth. 

§ 2. Said directors shall organize the board, as soon as organization, 
practicable after the passage of this act, by electing one of 
their number president and appointing a secretary and 
treasurer, which organization shall be certified by said di- 
rectors, or a majority of them, and such certificate shall be 
recorded in the record book of said company, and said re- 



44 RAILEOAD COMPANIES — INCORPORATED. 

cord shall be sufficient evidence of such organization, and 
a certified copy thereof, under the seal of said corporation, 
shall be received in all courts of this state as evidence of 

Term of office, the facts therein stated ; and said directors shall hold their 
offices until the first "Wednesday of October following their 
organization and until their successors shall be elected and 

Vacancies, how qualified, as hereinafter provided. All vacancies in said 

*"^'^" board may be filled by a vote of two-thirds of the directors 

present, at any regular meeting of the board, or at a spe- 
cial meeting called for that purpose. 
constnictiou § 3. The Said Company are hereby authorized and em- 

raUroad,etc. powered to locatc and, from time to time, to alter, change, 
relocate, construct, reconstruct, and fully to finish, perfect, 
operate and maintain a railroad, with one or more tracks, 
commencing at a point on the west bank of the Illinois 
river, opposite the town of Havana, in Mason county, state 

Route of road, of Illinois, and running thence a northerly course, to the 
town of Toulon, in Stark county, and thence a northerly 
course to Fulton City, on the east bank of the Mississippi 
river, in Whiteside county, state of Illinois. iSaid com- 
pany are hereby authorized and empowered to commence 
the construction of any portion of said railroad at such place 
and places along the line of the route to be selected by 
said company, as it may be deemed expedient and advan- 
tageous so to construct the same by said company; and the 
said company are further authorized to use and operate 
said railroad, and shall have power and authority to regu- 
late the time and manner in which goods and efi'ects and 
persons shall be transported on the same, and to prescribe 
the manner in which said railroad shall be used, and the 

Rates of toll, rate of toll for the transportation of persons or property 
thereon, and for the storage of merchandise and other 
property under their charge, subject to the laws of this 

Machinery, etc. statc, and shall havc power to provide all necessary stock 
and materials for the operation of said road, and shall have 
power to erect and maintain all necessary depots, stations, 
shops and other buildings and machinery, for the accom- 
modation, management and operation of said road, 
openbooks for g 4. Said directors shall, as soon after the passage of 
' • ■ this act as convenient, open books for the purpose of re- 
ceiving subscriptions to the capital stock of said company, 
at such places along the line of said road and elsewhere as 
said directors may determine, under the direction of such 
agents as said directors shall appoint ; and said books shall 
be ke])t open, from time to time, until the amount of said 
capital stock shall be subscribed or until said directors shall 
determine to close the same. 

May locate road § ^' It shall be lawful for said Company, their officers, 
engineers and agents, to enter upon any land for the pur- 
pose of exploring, surveying and locating the route of said 
road, doing thereto no unneccessary damage ; and when 



Railroad companies — incorpoeated. "" ' 45 

said route shall be determined by said compaDy it shall be 
lawful for them, their agents, otHcers, engineers, contract- 
ors and servants, at any time to enter upon, take possession 
of and nse such lands, not exceeding one hundred feet in 
width, along the line of said route, subject, however, to the 
payment of such compensation as the company may have for°^'dtaken° 
agreed to pay therefor or such as shall be ascertained in the 
manner hereinafter directed and provided in such cases, 
respectively ; and said company aro further authorized, by 
their officers, engineers, agents and servants, to enter upon 
lands adjacent to the said road, beyond the limits of one 
hundred feet, in the manner provided in this act, when 
necessary for the purporse of erecting depot buildings, station 
housesand necessary fixtures for the operation and for the 
purpose of making drains and giving a proper direction to 
water courses across said road, when the same are necessary, 
beyond the limits of said road, and to remove all substan- 
ces and things which might endanger, obstruct or interfere 
with the free use of said road, and to deposit earth, gravel 
or stone taken from cuts, and to obtain earth, gravel, stone 
and other materials for embankments and other structures 
necessary for the construction and repairs of said road, do- 
ing, however, no unnecessary damage ; and all lands so ac- 
quired and all damages which shall be done to any lands 
or property under the provisions of this section, shall be 
ascertained and paid for in the manner and agreeably to 
the provisions of the general laws now in force or which may 
hereafter be in force providing for the condemnation of 
lands for purposes of internal improvement. 

§ 6. Said company are authorized and empowered to ^^^ borrow 
borrow, from time to time, such sums of money, not ex- 
ceeding double the amount of stock subscribed and upon 
which at least twenty-tive per centum shall have been paid, 
as may be necessary for constructing, completing and fin- 
ishing or opening said railroad, and to issue and dispose of issue of bonds, 
their bonds, in denominations of not less than five hundred 
dollars, for any amount so borrowed, and to pay any rate 
of interest therefor not exceeding ten per centum, and to 
pledge and mortgage the said road and its appendages, or 
any part thereof, or any other property or effects, rights, 
credits and franchises of said company, as security for any 
loan of money and interest thereon, and to dispose of the ^''yi- an money- 
bonds issued for such loans at such rates and on such terms 
as two-thirds of the directors may determine, and may make 
such bonds convertible into the capital stock of said com- 
pany, at the option of the holder thereof, and may provide 
a sinking fund for the redemption of said bonds out of the 
earnings of said road. 

§ 7. Said company shall, annually or semi-annually, Decbra div'.- 
make such dividends as they may deem proper of the net 
profits, receipts or incomes of said company among the 



46 RAILROAD COMPANIES — ^INCORPORATED. 

stockholders therein, in proportion to their respective 
shares. 
Rules for gov- § 8. Said companj shall have power to make, ordain 
emmeut. ^j^^ establish all such bj'-laws, rules and regulations as may 

be deemed expedient and necessary to fulfill the purpose 
and carry into efiect the provisions of this act and for the 
well ordering and securing the affairs and interests of said 
company : Provided, that the same be not repugnant to 
the constitution and the laws of the United States or of this 
Promulgation State. This act and all by-laws that may be adopted by the 
^^ ^^'" directors of said company, and all additions thereto, shall, 

from time to time, be printed in a convenient form and be 
distributed among the stockholders of said company. 
Meeting of § 9. It shall be lawful for any fifteen stockholders in 
stociihoiders. q^\^ Company, by giving thirty days' notice, stating the ob- 
jects of said meeting, to call a meeting of the stockholders 
of said company ; and the secretary of said company shall 
certify and record the same as well as all matters that may 
be transacted under said call. The stockholders under 
such call may, by a majority voting therefor, proceed and 
appoint from among themselves a committee of three, with 
fall power to examine all books, papers and accounts be- 
inspection of louging to sdd Company ; and said committee may em- 
books.etc. pj^y any Competent accountant or accountants to aid in 
such examination ; and said committee shall have power to 
examine any officer or officers, agent or agents or employee 
of said company, under oath, to be administered by the 
chairman of said committee ; and said officer or agent or 
employee shall duly answer all questions that may be re- 
quired of them by said committee, touching any matter or 
matters relating to the officers of said company ; and the 
officers and agents of said company shall aid, as far as in 
their power, said committee, as they may require, in said 
Expensea. examination. The expenses of said examination shall be 
paid from the treasury of said company, upon warrants 
drawn upon the treasurer and certified by said committee ; 
and said committee shall make a detailed report of said ex- 
amination at such time or times as said stockholders shall 
direct. 
May lease or § 10. Said Company shall have power, by and with the 
sell franchises, consent of the owucrs of thrce-fourths of the capital stock 
of said company, and are hereby authorized to sell and 
convey or lease their railroad, franchises, real and person- 
al property, or any part or portion of their railroad, with 
the rights and franchises appertaining thereto, to any com- 
pany or companies which have been or may hereafter be 
incorporated or to any party or parties, upon such terms as 
may be mutually agreed upon between the contracting par- 
May unite with ^^^^* Said company shall have power to unite their rail- 
other roads, road, in whole or in part, with any other railroad or rail- 
roads now in construction or which may hereafter be con- 



RAILROAD COMPANIES — INCORPORATED. 47 

structed iu this state, coming in contact therewith, and to 
grant any such company or companies the right to construct 
and use any portion of said line or road hereby authorized 
to be constructed, and to purchase of any such company or 
companies the right to construct, operate and use the line 
of road constructed or in course of construction by such May lease the 
company, and to lease or purchase the right of way and ""'^^ °' ^^^^• 
franchises of any such company, together with its equip- 
ments, rolling stock, furniture and materials used in con- 
structing or opening such road or roads, and to complete, 
furnish, use and operate any such line of road, so purchas- 
ed or leased, upon such terms as may be mutually agreed 
between the said company or companies, or may consoli- t'onsoiidationof 
date the capital stock of said company with the capital stock capital stock. 
of any railroad company with which it shall intersect in 
this state ; and shall have power to place the road of said 
company and its capital stock so consolidated under the di- 
rection of a board of directors of not less than seven, at 
least live of whom shall be chosen from stockholders resi- 
dent within the counties through which the said consolida- 
ted roads are located. The first board of directors shall be First board of 
chosen as the directors of the companies consolidating their ^''^^^^°''^- 
capital stock shall direct and agree; and all subsequent 
boards to be elected as herein provided for or as shall be 
provided by the by-laws of said company, but no consol- 
idation shall be legal nor the sale or transfer of the per- 
manent rights and privileges of said company or purchase 
of or by said company, without the assent of a majority in 
interest of stock voting in favor of such consolidation, pur- 
chase, sale or transfer, at an annual or regularly called 
meeting of the stockholders, or unless a majority in interest 
of the stockholders shall first give their written assent there 
to ; and it shall be lawful after any sale, purchase or con- May change 
solidation authorized by this section, for the several com- °^™^- 
panics so consolidated to take any new name they may 
agree upon, and shall have and exercise all the rights, pow- 
ers, privileges and franchises granted by the charters of the 
said companies, and, by such name, may sue and be sued, 
plead and be impleaded, contract and be contracted with, 
and may adopt at pleasure a common seal, for the corporate 
use of such new company. 

§ 11. Notice shall be published in some newspaper i-irectors. 
printed within the counties through which the said road xotice of eiec- 
shall be located, for [an] election of directors, and calls for '''^"• 
installments to be made upon the capital stock, and all 
meetings of stockholders. All matters intended for the 
action of stockholders by the directors, or stockholders au- 
thorized to call meetings, shall be published in the notice 
given for the meeting before which said matters will be 
brought. 



Id. 



48 RAILROAD COMPANIES — INOOBPORATED. 

Repair high- § 12. The Said Corporation shall be bound to repair all 

^^^®' public highways, bridges or water-courses which may be 

injured in constructing said railroad or its appendages, 
and shall restore them, as far as practicable, to as good 
condition as they were before being injured, 
stock snbscrip- § 13. Said company are hereby aathorized to take and 
receive from the several subscribers to the capital stock. 
Labor and ma- mouey, labor, materials, cars and locomotives, or other 
■ articles adapted to the construction or operation of said 
railroad, or any property that, in the opinion of the board 
of directors, may be exchanged or converted to such use; 
and upon receiving full payment, in manner aforesaid, of 
any such subscription of stock, may issue to such subscri- 
ber or subscribers certiticates therefor. 
Time of com- g 14. The Said company shall be allowed ten years from 

™mpi^h3n *^f the passage of this act for the commencement of said rail- 
road, and in case at least twenty-five miles of the same 
shall not be completed in ten years thereafter, the privi- 
leges herein granted shall be forfeited. But should said 
company purchase any railroad, or any portion of any 
railroad, now constructed or hereafter to be constructed on 
any portion of their route, or shall arrange, by lease or 
otherwise, to use the track of any other railroad company 
on any portion of their said route, such portion, so pur- 
chased, leased or used, shall be held to be completed within 
the meaning of this act. 
Counties may 8 15. The Several counties in which any part of said 
road may hereafter be located, and tne several townships 
in said counties which have adopted or may hereafter adopt 
township organization, and the cities and incorporated 
towns in said counties, are hereby authorized to subscribe 
and take stock in said company, in the manner hereinafter 
Submitted to provided. Elections may be held in any such county, 

]tg;;i voters. township, city or incorporated town, upon the question 
whether sucli county, township, city or town shall subscribe 
for any specified amount of the stock of said company, not 
exceeding one hundred thousand dollars for each county, 
and not exceeding thirty-five thousand dollars for each of 
such townships, cities or towns; and elections may bo held 
in any such county, township, city or town as often as a 
petition shall be presented, as hereinafter specified, until 
each county, township, city or town shall have subscribed 
Petition for for the fuU amouut of stock authorized by this act. When- 

caihug election. ^^^^ ^ petition shall be presented to the board of supervi- 
sors, signed by fifty legal voters of any sucli county, setting 
forth the amount of stock proposed to be taken by an}'' such 
county, and specifying the time for holding such an elec- 
tion, it shall be the duty of the county clerk of such county 
to give thirty days' notice of the time of holding such elec- 
tion, which shall be the same time as that specified in such 
petition ; and whenever a petition shall be presented to 



talis Btoc'i. 



EAILBOAD COMPANIES — INCORPORATED. 49 

the supervisor of any such township, or to the corporate 
aiitliorities of any such city or town, signed by twenty- 
five leiral voters of any such township, city or town, 
setting forth the amount of stock proposed to be taken 
by any such township, city or town, and specifying the 
time for holding such election, it shall be the duty of 
the clerk of every such township, city or town to give ^No"ce of eiec- 
thirty days' notice of the time of holding such an elec- 
tion in such township, city or town, which shall be the 
same as that specified in such petition ; which said notice 
or notices shall be given in the same manner, and such 
election or elections shall be conducted in the same mode 
and at the places provided for holding general elections in 
such counties, townships, cities and towns; at which elec- 
tion or elections the qualified voters of the respective conn- 
ties, townships, cities and towns shall vote "For subscrip- 
tion," or "Against subscription ; " and if a majority of the 
votes actually cast at such election be " For subscription," 
it shall be the duty of the board of supervisors of every 
such county, the supervisor and clerk of every such town- 
ship, and the corporate authorities of every such city or Towns acd 
town, to subscribe, without unnecessary delay, upon request stock.™**^ ^^^^^ 
of said company, for stock in said company to the amoimt 
mentioned in such petition, and to issue and deliver to said 
company the same amount as the stock so subscribed of the 
bonds of such counties, townships, cities or towns, as the 
case may be, payable at any time specified, not exceeding 
twenty years from their date, with interest at a rate not -Rate of interest^ 
exceeding ten per centum per annum, payable annually; 
which said bonds, and the interest accruing thereon, shall 
be made payable at such place, within the United States, 
as said company may request. 

§ 16. It shall be the duty of the respective authorities Tax to pay in- 
of the several counties, townships, cities and towns, which 
may vote such subscription, and they are hereby required, 
to levy and collect a sufiicient special tax upon all the taxa- 
ble property, both real and pei^sonal, in such counties, 
townships, cities and towns, not exceeding three dollars on 
each one hundred dollars' wortli of taxable property, to 
pay the interest annually accruing on such bonds, and to 
liquidate the principal of said bonds within the time speci- 
fied for their payment. Said tax shall be levied on the 
assessments made by the assessors of their respective coun- 
ties, townships, cities and towns, as provided by the reve- 
nue laws of this state for assessing p.opert}^ and shall be 
extended on the collection books of such county, township, 
city or town, as a special road tax, and collected by the 
respective collectors of such counties, townships, cities and 
towns, at the same time and in the same manner as provi- 
ded by law tor collecting state and county taxes ; which Taxet> paid to 
Buid tax shall be pi-.id by the respective collecturs to ,he '='^""'^''^*"^""' 
Vol. III~T " 



50 KAILKOAD COMPANIES — INCORPORATED. 

county treasurer of the county in which the tax is collected, 
deducting therefrom a commission of two per centum only 
for collecting. And the said county treasurers shall be, 
respectively, liable on their bonds for the faithful applica- 
tion of said tax to the payment of the interest and princi- 
pal of the bonds for which said tax was levied and collected 
to pay, and shall receive therefor, in full compensation, a 
commission of two per centum only for paying out said tax. 
Rate per cent. The Corporate authorities of the respective counties and 

for special tax. ^ownships shall Certify to the county clerk of the proper 
county the rate per centum to be levied for each year for 
such special tax ; and the said county clerks shall extend 
on the collector's books for such county or township a spe- 
cial railroad tax, at the rate so certified for each year, in 
the same manner and upon all the property upon which 
state and county tax is extended. And the respective au- 
thorities of such cities and towns shall levy and collect 
such special railroad tax in the same manner as other tax 
is levied and collected in and for such cities and towns: 
Provided^ that in case the said authorities for any such 
county or township shall fail to certify to such clerk the 
rate per centum to be levied for any year, before the time 
required by law for said clerk to extend state and county 
taxes, then the said clerk shall extend such tax for such 
year at the rate of one per centum. 
No forfeit for § 17. In casc Said company shall, within ten years from 

orroad,™^^^"""^ the passage of this act, complete and put in operation any 
twenty-five miles or upward of said railroad, so authorized 
to be built, but shall for any cause fail to complete the 
whole of said line within that time, such failure shall not 
operate as a forfeiture of any franchise of said company, 
so far as the same may affect or relate to such portion of 
said road as shall have been so completed and put in opera- 
tion. 

Anunai meeting § 18. There shall be an annual meeting of the stock- 
of directors. ]ioi(jej.g of gai^j compauy, for the election of directors, the 
time and place of holding which shall be fixed by the by- 
laws of said company; and at all meetings, each stock- 
holder shall be entitled to vore, in person, or by proxy duly 
appointed, one vote for each share he, she or they may 
Directors to hold and owu, hona -fide, in said corporation. The imme- 

manage affairs. ,.^ '^ lij- ,• ,• A ue • j? -j 

diate government and direction of the aliHirs of said com- 
pany shall be vested in the board of directors, which shall 
consist of not less than seven nor more than thirteen mem- 
bers. After the election of said board, as aforesaid, such 
directors shall hold their offices for one year after their 
election, and until their successors shall be duly elected 
Quorum. and qualified. A majority of the board of directors shall 

constitute a quorum for the tiansaction of business, and 
shall elect one of their number president of such corpora- 
tion. They shall elect a secretary and treasurer, and may 



RAILROAD COMPANIES INCORPORATED. 61 

choose such other officers and agents as they may think 
proper. 

§ 19. Said company shall transport fire-wood, coal and Articles of and 
every description of fuel over its road, whenever the same 1°^^ tiansporu- 
shall be ofl'ered for transportation, at rates as low as the 
rates that said company shall charge for the transportation of 
other freight of a similar class. 

§ 20, This act shall be deemed a public act, and shall 
take effect and be in force from and after its passage. 

Approved April 1, 1869. 



AN ACT to incorporate the Jacksonville and Carlinville Railroad Company. In force June 

19, 1809. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assetnbly^ That John corporators. 
Mather, Joseph Green, Samuel Wood, and William Wyatt, 
of Morgan county, Lewis Solomon, Thaddeus L. Loomis, 
George Fishback, Lewis Johnson, and Dempsey N. Solo- 
mon, of Macoupin county, and all such persons as shall 
hereafter become stockholders in the company hereby in- 
corporated, shall be a body politic and corporate, by the 
name and style of "The Jacksonville and Carlinville Rail- Name aud style, 
road Company;''' and, under that name and style, shall be 
capaijle of suing and being sued, impleading and being im- 
pleaded, defending and being defended, in law and equity, 
in all places whatsoever, in as full a manner as natural per- / 
sons; may have and use a common seal, and alter and re- 
new the same at pleasure ; and, by their said corporate corporatepow- 
name and style, shall be capable of contracting and being ^'^*' 
contracted with; and shall be and are hereby invested with 
all the powers, privileges and immunities and franchises, 
aud of acquiring, by purchase or otherwise, and of holding 
and conveying real and personal estate, which may be need- 
ful to carry into etFect fully the powers and objects of this 
act. 

§ 2. The corporation is hereby authorized and empow- General powers 
ered to survey, locate, contract, complete, alter, maintain o't-Voad."^'^'^°° 
and operate a railroad, with one or more tracks or lines of 
rails, from the city of Jacksonville to the town of Franklin, 
in Morgan county; thence, in a southeasterly direction, 
crossing the county line between Morgan and Macoupin 
counties, at or near the center of section number five, town- 
ship number twelve, range number eight west of the third 
P. M.; thence, to the town of Palmyra and the city of Car- 
linville, in the county of Macoupin. The said corporation 
shall have the right of way upon and may appropriate to 
its sole use and control, for the purposes contemplated, land, 



52 KAILKOAD COMPANIES INCOEPOKATED. 

Width of road, not to exceed one hundred feet in width, through its entire 
length, and may enter upon and take possession of and use 
all and singular any lands, streams and materials, of every 
kind, for tlie location of depota, stations, and may construct 
bridges, dams, embankments, excavations, station grounds, 
spoil banks, turnouts, engine houses and other buildings 
necessary for the completion and full operation, preserving, 
Damages paid, maintaining and continuing of said road. All such lands 
owned by any person or persons and cannot be obliterated 
by voluntary grant or release, the same may be obtained, 
taking and paying for, if any damages are awarded, in a 
manner provided by the general laws now in force or which 
may hereafter be in force providing for the condemnation 
of lands for purposes of internal improvement. 
Amount capital § 3. The Capital stock of Said corporation shall be one 
hundred and fifty thousand dollars, divided into shares of 
one hundred dullars, which shall be deemed personal prop- 
erty, and may be issued and transferred in such manner as 
the board may direct, who shall have power to require the 
payment of sums subscribed by the stockholders in such 
stockholders' manner as they may deem proper; and any refusal or neg- 
* " ^" lect to make payment, on requisition of said board, the 

shares of said delinquent may be sold by the order of the 
board, giving thirtj days' notice, under the rules and by- 
laws of the board, and the surplus, after deducting the pay- 
ment due said corporation, shall be paid to such delinquent 
stockholder. 
To open hooks ^ 4. The Corporation herein named shall cause books to 
or subscription. ^^ opened for the subscription of stock in such manner, 
time and place as they may think proper; and when a suf- 
ficient amount of stock is subscribed and actually paid in, 
said company may make the same a basis to efi'ect a loan to 
Powers of the Complete said road. And all the corporate powers of said 
directors. company shall be vested in a board of directors and such 

officers, agents and attorneys as they may appoint — each 
share having one vote, to be given in person or by proxy. 
And all vacancies may be filled by the board from the stock- 
holders until the next annual election; and all officers, 
agents, servants and attorneys, whether members of the 
board or not, may be paid off and dismissed, under such 
rules as the board may adopt. 
Maynnitewith § 5, S;iid companv hereby Created is fuliy authorized to 
connect with, intersect, consolidite and contract said road lU 
connection with any other railroad; and all the rights se- 
cured to either of said roads are hereby secured to the con- 
solidated road. 
Time of com- 8 6. The Said company shall be allowed' five years from 

mencement and ., " i- -t • t d' j.i. j. j? i.\ 

completion of (lie passago ot tins act for the commencement of the con- 
''"^^' struction of said railroad ; and in case the same bhall not 

be completed in ten years thereafter the privileges herein 

granted shall be forfeited. 



RAILROAD COMPANIES — INCORPORATED. 63 

§ 7. This act shall be taken and deemed a public act, constmction 
and shall be construed beneficially for the purposes herein ° **^*' 
specilied or intended. 

Approved March 26, 1869. 



AN ACT to iucorporat* the Jacksonville and Ohio River Railroad in force March 

Company. 30, 1869. 

Section 1. Be it enacted hy the People of the State of 
Illhiow^ represented in the General Assembly, That Cor- oorporators. 
nelius S. Goltra, George M. Chambers, John C. Salter, 
Thomas M. Metcalf, Kichard W. O'Banon, David K 
Sparks, Griffith VV. Layman, Jediah F. Alexander, Samuel 
E.. Casey, Willis Duff Green, Aaron G. Claud, and their 
heirs, successors and assigns, are hereby created a body 
corporate and politic, under tlie name and style of "The Name and style. 
Jacksonville and Ohio River Railroad Company ;" and. in 
that character, shall have perpetual existence and succes- 
sion, and shall p(>sse6s all the powers, privileges, immuni- corporatepow- 
ties and rights incident to corp(«rations and necessary to ers. 
carry into effect the objects and purposes of this act, which 
is to lay out, build, construct, equip, complete and con- 
tinue in operation a railroad from Jacksonville, in Morgan 
county, by way of Waverly, Girard, Litchfield, WaUh- K-^ate of road, 
ville, Greenville, Mount Vernon, in Jefferson county, and 
McLeansboro, in Hamilton county, and thence to the Ohio 
river ; and they may cross any railroad or railroad line 
now laid out or to be hereafter laid out in this state, and 
they may make connections with any railroad on the line 
or at either terminus, on such terms as may be mutually 
agreed upon between the parties, or if they cannot agree, 
they may have the same referred. 

§ 2, The capital stock of said company shall be one- AmountcapUai 
half million of dollars, which may be increased, from time ^^°^^' 
to time, by a majority of the legal voters of said com- 
pany : Provided, notice of such intended vote shall have 
t)eeQ published in some public newspaper published on or 
nearest said railroad line, and also posted up in the man- 
ner now prescribed by law, at least thirty days before the 
day of voting thereon ; and a copy of said notice for- 
warded to each voter at least ten days before the said day 
of voting. Said capital stock shall be divided into shares increase of cap- 
of one hundred dollars each; and each share on which *"'^'^^°'^''" 
there is no unpaid calls shall entitle the bo7ia fide owner 
thereof to one vote, either in person or by legal proxy, ia 
all elections for directors or for increasing the capital 
stock of said company, and on such other subjects as may 
be provided for in the by-laws of said company. 



64 RAILROAD COMPANIES — INCORPORATED. 

Open books for § 3. Said companv may orgranize, by openins: books 

Bubscription. ^^^ ^^^ Subscription of stock and elect their board of direc- 
tors, to consist of seven, at any time after the passage of 
this act, by giving notice of the time and place of such 
election, by publishing notice thereof in some newspaper 
published on or nearest the line of said road and having a 
copy thereof, directed to each member of said company, 
at least thirty days before the day set for such organi- 
zation. 
Construction of § 4. Said compauy shall have power, when in their 

road. discretion they have a sufficient amount of capital stock 

subscribed, to proceed to lay out, locate, construct, build, 
equip, complete and operate their railroad ; and, for that 
purpose, may take, use, occupy, condemn and own any 
lands, earth, gravel, sand, stone or other material, for two 
hundred feet wide, along the whole length of said road : 
Provided^ the same is condemned in pursuance of the re- 
quirements of the laws now in force for condemning for 
railroad purposes in this state, or they may mutually agree 
with the owner of such property or receive the same as 
gifts, grants or donations. 
Towns and § 5. Any incorporated city, town, county or township, 

Btock.™^^ *^^^ situated on or near the line of said road, may subscribe to 

the capital stock of said company any sum, not exceeding 

two lumdred thousand dollars : Provided^ a majority of 

the legal voters voting on that question shall have voted in 

Submitted to ^^.vor of SRcli Subscription : Provided, that thirty days' 

legal voters. notice of such elcction shall be given, in the manner now 
prescribed by law ; and such elections shall be held in the 
manner prescribed by the laws applicable to other special 
elections, and, to this end, the county court or board of su- 
pervisors may, from time to time, order elections and 
specify the amount proposed to be subscribed, as they may 
deem expedient ; and the clerks of the county courts or 
board of supervisors shall receive the poll books and can- 
vass the vote and report the same as in other elections. 
Rules for gov- § 6. Said Company shall have a common seal, and alter 

ernmeut. ^^iQ same at pleasure ; and the board of directors may 

make such by laws and regulations as they may deem ex- 
pedient for the government of said company, not incon- 
tistent with the constitution or laws of the United States or 
of this state; and they may issue the bonds of the com- 
pany and negotiate the siime and mortgage the property of 
the said company, both real, personal and mixed, for the 
payment of tlie said bonds or any part thereof. 

Privileges. § 7. All the rights, privileges and immunities neccssary 

to carry into effect the provisions of this act, not granted 

herein, may be obtained under the laws of this state now 

in force or that hereafter may be in force. 

Articipsofand § 8. Said Corporation shall transport lire- wood and fuel, 

tion.*^*"^^*^"^" of every description, over its railroad, whenever the same 



BAILKOAD COMPANIES — INCORPORATED, 55 

shall be offered for transportation, at rates as low as the 
rates said company shall charge for the transportation of 
other freights ot" a similar class. 

§ 9. This act shall be deemed a public act, and be in 
force from and after its passage. 

Approved March 30, 1869. 



AN ACT to incorporate the Joliet, Newark and Mendota Railway. In force April 

1, 1869. 

Section 1. Be it eiiacted by the People of the State of 
Illinois^ represented in the General Assembly, That corporators. 
ilenry Snapp, William Grenton, Warren M. Sweetland, 
Samnel M. Rowe and John A. Coy, and their associates, 
successors and assigns, be and they are hereby created a 
body corporate and politic, by the name and style of " The Nameand style. 
Joliet, Newark and Mendota Railway," with perpetual suc- 
cession, and power to build, maintain and use a railroad, 
from the city of Mendota, in the county of LaSalle, in the 
state of Illinois, by way of Newark and Grinton, to the city 
of Joliet, in Will county, Illinois ; the said railroad to be 
built on or near the established line of the old I Jinois Grand 
Trunk Railway, as near may be j^racticable, from Mendota 
to Joliet, running through the places before named, between 
Mendota and Joliet ; to purchase and hold, lease, sell and 
convey estate, whether real, personal or mixed, so far as 
may be necessary to carry [out] the intentions of this act ; 
and, in their corporate name, may sue and be sued, as natu- corporatepow- 
ral persons ; may have and use a common seal ; may make ® ^• 
all by-laws, rules and regulations deemed necessary and 
proper for the government and management of said corpo- 
ration aud its atfairs, and shall have the right to exercise 
all powers which are or may be necessary to carry into 
etfect the purposes and objects of this act, and, also, for 
such purposes may make, execute and deliver bonds, notes, 
mortgages or other evidences of indebtedness &nd agree- 
ments to pay the same, and, for such purposes, may nego- 
tiate for and take the same. 

§ 2. Said corporation shall have the right to negotiate May purchase 
for and purchase the road-bed and right of way of the late '■o^d-bed. 
or old Illinois Grand Trunk Railway, from Mendota, in 
LaSalle county, to Joliet, in Will county, and eacii and all 
of the corpoiate rights, franchises and privileges of said old 
Illinois Grand Trunk Riilway Company, and to enter upon 
and build and complete the same when so purchased, to all 
intents and purposes the same as said Illinois Grand Trunk 
Railway might have done. But nothing in this act shall 
be construed to make the corporation hereby created liable, 



56 EAILKOAD COMPANIES INCOKPOitATED. 

in any way or manner, to pay the debts of said old Illinois 
Rights re-in- Grand Trunk Railway Company. And all rights, privi- 

corpoiation.'^^^ leges, franchises and property, which have lapsed and re- 
verted to the state of Illinois, from the failure of the old 
Illinois Grand Trunk Railway Company, are hereby granted 
and vested in the corporation created by this act. 
Liability of § 3. No Stockholder, whether corporate or natural per- 

etockiioiders. g(^y^ shall be Otherwise liable upon his, her or their respect- 
ive subscription of stock than for the amount of such sub- 
scription of stock to the said company. 
Surveys and § 4. The Said Corporation are hereby authorized, by 

examinations, ^j^^jj, ^gents, survevors and engineers, to cause such exami- 
nation and surveys to be made of the ground and country 
between said points above mentioned, from the west to the 
east, as shall be necessary to determine and select the most 
proper, direct and feasible route whereon to construct their 

May take lands, said railroad; and it shall be lawful for said corporation to 
enter upon and take possession of and use all such lands 
and real estate as ma.y be necessary for the construction, 
maintenance and operation of their said railroad : Provi- 
ded, that all lands or real estate entered upon and taken 
possession of and used by said corporation, for the purposes 
and accommodation of said railroad, or upon which the site 
of said railroad shall have been located and determined by 
Compensation said Corporation, shall be paid for by said company to the 

°^^^^ ' owner or owners thereof, for the purposes of the said rail- 

road ; and all lands entered upon, which are not donated 
to said company for the use of said railroad, shall be paid 
for by said corporation at such price as may be mutually 
agreed upon by the corporation and the owner or owners of 

Eight of way. sqcIi lands. And in all cases when said company shall not 
be able to acquire the right of way through any lands or 
premises they may wish to occupy for the purposes of said 
railroad or its appendages, by purchase or voluntary ces- 
sion, said company may proceed to obtain such right of 
way under the provisions of any general law of this state 
now in force or which may hereafter be in force, providing 
for the condemnation of lands tor the purposes of internal 
improvement. 
Amount capi- § 5. The Capital stock of said company shall be five 

tai stock. hundred thousand dollars, which may be increased to any 

amount not exceeding two millit)ns of dollars. Said stock 
shall be divided into shares of one hundred dollars each, 
which shall be deemed personal property, and may be 
issued and transferred as the board of directors may pre- 
scribe. 
Annual meet- § 6. The time of holding the annual meetings of said 

hcfiders. ^'*^°^' Corporation, for the election "of directors, shall be iixed and 
determined by the by-laws of said company ; and, at all 
meetings, each stockholder shall be entitled to vote in per- 



EAILEOAD COMPANIES — INOORPOEATED. 67 

son or by legal proxy, one vote for each share in the stock 
he, she or they may, bo7ia jide^ hold iu said corporation. 

§ 7. The government and direction of the atfairs of the Busiucss man- 
corporation liereby created shall be vested in a board of di- "m^s'! "^^ '^"^^" 
rectors, not less than five nor more than ten in number, 
and each of whom shall be the hona fide owner of at least 
five shares of the capital stock of said corporation. The First board of 
persons named in the first section of this act are hereby '^'''^ctors. 
appointed the first board of directors of said corporation, 
and shall hold their ofiice for the term of one year from the 
first Tuesday in June, A, D. 1869, or until their successors 
are elected and qualified ; and said persons heretofore 
named in section one of this act are also appointed com- open bo-.ks for 
missioners, who, or a majority of them, are hereby author- subscriptiou. 
ized to open stock subscription books for the capital stock, 
at such time or times and place or places as they may deem 
proper. Said commissioners shall require each subscriber 
to pay five dollars on each share of capital stock subscribed 
at the time of subscribing. The directors appointed by this Quorum to do 
act, or a majority of them, shall constitute a quorum for the ^^"^'°^s-^- 
transaction of business, and shall elect one of their number 
president of said company. They shall also elect a secre- Eiediou; of 
tary and treasurer and such officers and agents as they ^ 
shall deem proper. In case a vacancy occurs in the board 
of directors, it may be filled by the remaining directors or as 
the by-laws of said corporation may prescribe. 

§ 8. The right of way and real estate acquired for the liigiit of way. 
right of way and depot grounds, by said company, whether 
by mutual agreement or otherwise, or which shall become 
the property of the company by operation of law, as iuthis 
act provided, shall upon the payment of the amount of 
monej' belonging to the owner or owners of said lands as a 
compensation for the same, become the property of said 
company in fee simple. 

§ y. "when lands of Viuy femme covei't, person under ^^i^e°j^^°era 
age, non compos mentis^ or any non-resident of the state, 
shall be taken in the construction of said railroad, as is 
provided by this act, the said corporation shall pay the 
amount that shall be awarded to said owner or owners, re- 
spectively, whenever the same may be lawfully demanded, 
together with interest thereon at six per cent, per annum, 
or may deposit the amount with the county treasurer of the 
county in which the land so taken is situated. 

§ 10. Said company shall have power to unite or con- Maynnitewith 

"... ., T ■', "^ ,, '. ,• i- •! 1 Other loads. 

nect its railroad with any other continuous line of railroad 
or railroads now constructed or hereafter to be constructed, 
which may cross or intersect the same or be built at either 
end thereof, upon such terms as may be mutually agreed 
upon, or the corporation hereby created may lease or sell ^^^^^ °^ ^"^" 
their road to any company, either in or out of this state, 
who will agree to furnish and equip said railroad to com- 
Voi; III— 8 



68 EAILROAD COMPANIES— INOOKPORATED. 

pletion for practical use ; aud such purchasing or leasing 
company may go on and complete said railroad and ope- 
rate the same, with like power and effect and in the name 
of the company hereby created. 

intei-sectious. § H. Whenever it shall be necessary, for the construc- 
tion of said railroad, to intersect or cross the ti'ack of any 
other railroad, or stream of water or water course, or road 
or highway, on the route of said road, it shall be lawful for 
said company to construct their railroad across or upon the 
same : Provided, that the said company shall restore the 
railroad, stream of water, water course, road or highway, 
intersected or crossed, to its former state or in a sufficient 
manner not to impair its usefulness. 
May borrow §12. For the purposc of facilitating the coustruction of 

money. \\yQ railroad authorized by this act, said corporation is 

empowered to borrow money and pledge its property, both 
real aiid ])ersonal, and its rights, credits and franchises, to 
GGCure the payment thereof. 

Width of road. § 13. For the purposc of Constructing said railroad, Said 

company shall have power to lay out and establish their 

road, not exceeding one hundred feet in width, throughout 

the entire length thereof. 

Towns and § 14. To further aid in the construction of said road, 

stoc^t. ™^^ '■^'^^ the several counties, townships, cities and towns, through 
or near which the said railroad may be located, may sub- 
scribe for and take stock in said corporation or make dona- 
submitted to tious to aid in the construction of said railroad : Provided., 

legal voters. ^\^^^ jjq q\iq\i subscription or donation shall be made unless 
the majority of the legal voters of the count}^, township, 
city or town, at an election, to be held in the same manner 
that town meetings are held, for that purpose, shall vote for 
the same ; which election shall be called by the county 
clerk in case of counties, and by the corporate authorities 
in case of townships, cities or towns, upon the petition of 
iifteen legal voters of the same, specifying the amount of 
stock so proposed to be taken or subscribed and the condi- 
Duties of the tions of such subscription. It shall be the duty of the coun- 

couuty courts, (y (^jgrk and corporate authorities of such counties, town- 
ships, cities or towns, upon the presentation of such petition, 
to immediately call an election, in the same manner that 
other elections for such county, township, city or town are 
called, for the purpose of determining whether said city, 
county, town or township will subscribe to the stock of said 
railroad ; and if a majority of said votes shall be " For sub- 

supervisormay scriptiou," then the board of supervisors of said county, or 

subscribe stock, the Corporate authorities of such city or town, or the super- 
visor and town clerk of such township, so voting, shall cause 
such subscription to be made ; and upon its acceptance by 
said corporation shall cause bonds to be issued in conformity 
v/ith said vote ; which bonds shall not be of less denomina- 
tion than one hundred dollars, and bearing interest at a 



15AILR0AD COMPANIES — INCOErORATED. 69 



pay interest. 



rate not exceeding ten per cent,, iind shall be accepted by 
said company at their par value. It shall be the duty of Levy tax 
the proper authorities oi any county, city, township or town 
issuing bonds as aforesaid, to make all necessary arrange- 
ments and to provide for the prompt payment of all interest 
and other liabilities accruing thereon, and to levy such taxes 
as may be necessary therefor, as other taxes are levied by 
them, 

§ 15. This act shall be deemed a public act, and shall 
take effect from and after its passage. 

Approved April 1, 1869. 



AN ACT to incorporate the Jonesboro ami Cape Girardeau Railroad Com- in force March 

pany. 31, iSdO. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assemhly^ That John corporators. 
Dougherty, John II. Barber, Joseph F. Ashley, John E. 
Naile, Cyrus Schick, Dewitt C. Barber, Alexander N. 
Dougherty, Thomas Johnson, John Elbert, Andrev/ 
Gibony, Monroe C. Crawford, Frederic A. Childs, Daniel 
S. Davie, and their associates, successors and assigns, be 
and they are hereby created a body politic and corporate, 
under the name and style of "The Jonesboro and Cape Name audetyie- 
Girardeau Kailroad Company ;" and, by that name, they corporate pow- 
are hereby made capable, in law and in equity, to sue and ^'^ 
be sued, plead and be impleaded, defend and be defended, 
in any court of law and equity, in this state or elsewhere ; 
to make, have and use a common seal, and the same to re- 
new and alter at pleasure ; and shall be and hereby are 
vested with all powers and privileges and immunities which conatnict'on of 
are or may be necessary to construct, complete and operate '^°'"'''' 
a railroad, with single or double track, from Jonesboro sta- 
tion, on the Illinois Central Railroad, to any point opposite 
the city of Cape Girardeau, in the state of Missouri. Said 
railroad to run, as near as may be, in a southw^esterly di- 
rection. And, for the purposes of building and operatinir M;iy enter upon 

• 1 .1 J '. 1 1 m I , , ^ and take Uincl. 

said railroad, said company shall have power to enter upon 
and take possession of so much land as may be necessary 
to construct, complete and operate said railroad and its ap- 
pendages ; and if said company cannot agree with the owner 
or ow' ners of said land, taken as aforesaid, it may be lawful 
for them to proceed in the manner now provided by the 
laws of this state for the condemnation of lands by incorpo- 
rated companies ; and may also exercise, for said purpose, 
all such powers as have been heretofore conferred upon 
any other railroad company incorporated by the laws of 
this state. 



60 EAILEOAD COMPANIES — INCORPORATED. 

Amount capital § 2. The capital stock of said company shall be two 

^^^'^ ' hundred thousand dollars, which may be increased by said 

company to any sum not exceeding five hundred thousand 
dollars, which may be divided into shares of one hundred 
dollars eacb, which shall be deemed personal property, and 
may be issued and transferred in such manner as the board 
of directors may prescribe. 
Directors to § 3, The afiairs of said company shall be managed by 
' a board of thirteen directors, which may be increased to 
an}'- number not exceeding seventeen ; and John Dougher- 
ty, John H, Barber, Joseph F. Ashley, John E. Naile, 
Cyrus Schick, Dewitt C. Barber, Alexander 'N. Dougherty, 
Thomas Johnson, John Elbert, Andrew Gibony, Monroe 
C. Crawford, Frederic A. Childs, Daniel S. Davie, are 

Term nf office, hereby appointed the first board of directors, who shall 
hold their offices until their successors are elected and quali- 
fied, in such manner as may be prescribed by the by-laws 
of said company. Said board |hall have the power of elect- 
ing one of their number president, and such other officers 
as may be prescribed by the by-laws ; and said corporation 
shall be and is hereby vested with all the powers conferred 
upon railroad corporations by the general railroad laws of 
the state of Illinois or any amendment now made or here- 
after to be made thereto. 
connec^ with § 4. Said Corporation shall have power to unite its rail- 

o lerro. . ^^^^ ^^.^^^ ^^^ Other coutinuous line of railroad now con- 
structed or which shall hereafter be constructed, upon such 
terms as may be mutually agreed upon between the com- 
panies so connecting, and, from time to time, to borrow 
such sums of money as may be necessary for the purposes 
of said company, and at any rate of interest not exceeding 

Issue of bonds, iqj^ -^qy cg^^^ p^j. aniium, and to issue and dispose of their 
bonds, in denominations of not less than one hundred dol- 
lars, for any amount so borrowed, and to mortgage their 
corporate property, real or personal, and their franchises, or 
convey the same by deed of trust to secure the payment of 
any money so borrowed or any other debt of said company. 
Towns and § 5, The Several towns, cities or counties through which 

stock. "'"^ ^^^^ said raih'oad shall pass may subscribe for and take stock in 
this company, and may issue bonds, in payment for such 
stock, of one hundred dollars eacb, bearing interest at the 

Interest. rate of sevcu per cent, per annum, or less, payable half- 

yearly, on the first days of January and July of each year, 
and bonds to run not longer than twenty years ; and a tax 
may be levied by said towns, cities or counties, on the tax- 
able property of such towns, cities or counties, to pay the 
installments on such stock or to pay the interest and princi- 
pal of bonds issued in payment for such stock : Promded., 
that no such subscription shall bo made, no such bonds 
shall be issued, and no euch tax shall be levied, unless a 
Submitted to maiority of the legal voters of said town, city or county 

legal voters. .) ./ o 1 j J 



RAILROAD COMPANIES — INCORtORAtfiD. 61 

shall vote for the same, at an election to be held undei' 
order of the corporate authorities in cases of towns and 
cities, and of the county court in cases of counties ; and the 
question of making subscription, issuing bonds, and levy- 
ing taxes, may bo submitted as one question or as sepa- 
rate questions, at such election, and either or all of said 
questions may be submitted to an election at any time, 
in the discretion of the authorities authorized to call such 
election. 

§ 6. This act to take eJBTect and be in force from and 
after its passage. 

Approved March 31, 1869. 



AN ACT to incorporate the Kankakee and Illinois River Railroad Com- J" [5''i^69'^'"'' ' 

pany. 

Section 1. Be it enacted hy the People of the State cf 
Illinois, rejyresented in the General Assembly, That James corporators. 
McGrew, Azariah Back, AVilliam H. Patterson, Emery 
Cobb, Thomas P. Boniield, James M. Perry, Ira C. Masier, 
Richard P. Morgan, James G. Strong, Ralph Plumb, Joel 
W. Hopkins, and William Eddy, and their associates, suc- 
cessors and assigns, are hereby created a body politic and 
corporate, by the name and style of "The Kankakee and Nameaudstyie. 
Illinois River Railroad Company," with perpetual succes- 
sion; and, by that name, be and are hereby made capable corporatepow- 
in law and equit}^ to sue and be sued, plead and be im- 
pleaded, defend and be defended, in any court of law and 
equity in this state or any other place; to make and use a 
common seal, and the same to alter or renew at pleasure ; 
and shall be and are hereby vested with all the powers, 
privileges and immunities which are or may be necessary 
to carry into effect the purposes and objects of this act, as 
hereinafter set forth ; and said companv are hereby author- Location and 

coustrnctioii o* 

ized and empowered to locate, construct and complete a road. 
railroad, commencing at a point on the line between the 
state of Indiana and Illinois, on the north side of the Kan- 
kakee river ; running thence westerly, through the town or Route, 
village of Momence, city of Kankakee, Dwight, Streeter, 
and thence connect with the Rock Island Railroad, at Bu- 
reau Junction or some other point on said road, to be here- . 
after determined by said company above mentioned. Said 
railroad to be laid out and constructed upon an eligible 
route between the points above named. And, for this pur- ^^'i^th. 
pose, the said company are authorized to lay out and locate 
their said road, with a six foot guage, or otherwise, through 
the whole length of said route ; and for the purpose of cut- 
ting, embankments, stone and gravel, may take and appro- 



C3 RAILROAD COMPANIES — INCORPORATED. 

priate as much more land as may be necessary for the con- 
struction of said road. 

Amouut capital § 2. The Capital stock of said company shall be one 
hundred thousand dollars, which may be increased to any 
amount not exceeding the actual estimate cost of construct- 
ing and equipping their said road, to be divided, into shares 
Directors to of One hundred dollars each. All the corporate powers of 

manage affairs, gg^j^j company shall be vested in and exercised by a board 
of seven directors, who shall be chosen by the stockholders 
of said company in the manner hereinafter provided, who 

Term of office shall hold their offices for one year or until their succes- 
sors shall be elected and qualified ; and said directors, a 
majority of whom shall constitnte a quorum for the trans- 
action of business, shall elect one of their number to be 

Officers. the president of the company ; and said board of directors 

sliall have the power to appoint all necessary clerks, secre- 
tary, treasurer and all other officers deemed necessary in 
the transaction of the business of said company. 
Surveys and S 3. The Said Corporation is hereby authorized, by 

examiuations. j\ ■ , ' t • , '' , ' v 

then- agents, surveyors and engmeers, to cause such exami- 
nations and surveys to be made of the ground and the 
country as shall be necessary to determine the most desir- 

Condemn land. 3 ^^^® routo whereon to construct said railroad ; and it shall 
be lawful for said company to enter upon and take posses- 
sion of and use all such lands and real estate as may be 
necessary for the construction and maintenance of said 
railroad, its depots, side tracks, water stations, engine 
houses, machine shops and other buildings and appendages, 
necessary to the construction of said railroad: jProvided, 
that all lands or real estate entered upon and taken posses- 
sion of by said company, for the purpose and accom- 
modation of said railroad, or upon which the site of said 
railroad shall have been located or determined by said cor- 
i-ay damages poi'atioD, shall be paid for by said company in damages, if 
a en. ^^^^ ^^ sustaincd by the owners thereof by the use of the 
same for the purposes of said railroad ; and all lands 
entered upon and taken for the use of said corporation, 
wliich are not donated to said company, shall bo paid by 
said corporation at such times as may be mutually agreed 
upon by said corporation and the owner or owners of such 
lands ; and in case of disagreement the price shall be esti- 
mated, fixed and recovered in the manner provided by the 
general laws now in force or which may hereafter be in 
force providing for the condemnation of the right of way 
for purposes of internal improvement. 

Aiinufti meeting § 4. The time of holding the annual meeting of said 
directors shall be fixed and determined by the by-laws of 
said company ; and, at all meetings, each stockholder shall 
bo entitled to a vote, in person or by lawful proxy, one 
vote for eacli share of stock he, she or they may hold bona 
fide in said com])any, upon which all installments have 
been paid. 



KAILKOAD COMPANIES — INOORPOKATED. 63 

§ 5. The persons named in the first section of this net open bonks lor 
are hereby appointed commissioners, who, or a majority o1'®"^^'^'''P''""- 
them, arc hereby authorized to open or cause to be oj)ened 
subscription books for the stock of eaid company, at such 
time and places as they ma^^ think proper, and also to ap- 
point one or more agents to open such boolvs and receive 
sucli subscriptions. The said commissioners or their agents pr.ymcntof in- 
shall require each subscriber to pay five dolhirs or execute H'-aiimeuts. 
a note therefor, as they shall determine, on each share sub- 
scribed, at the time of subscribing. The said commission- 
ers, or a majority of them, shall call a meeting of the 
stockholders of said company whenever twenty-five thou- 
sand dollars of said capital stock shall be subscribed, by 
giving twenty days' notice in some newspaper j)ublished noUcu of eiec- 
in the city of Kankakee or by personal notice thereof, *^"°- 
served upon each of said stockholders, at least ten days 
before said time of said meeting; and at such meeting it 
shall be lawful for said stockholders to elect the directors 
of said company and transact any other necessary business; 
and when the directors are chosen, then the said commis- 
sioners shall deliver to them all subscription books and 
other assets and property of said company. No person 
shall be a director unless he shall be a bona fide stock- 
holder of said company. 

§ (). The directors of said company, after the same is Powers of the 
so organized, are hereby authorized and empowered to take 
and receive subscriptions to their said capital stock, on such 
terms and in such amounts as they shall deem for the 
interests of said company and as they may prescribe by 
their by-laws and regulations for receiving such subscrip- 
tion from any other railroad or corporation, and from any 
county, city, town or village making the same. 

§ 1. That the right of way, and the real estate pur- Ptigutof way. 
chased for the right of way or other purposes, by said com- 
pany, whether by mutual agreement or otherwise, or which 
shall become the property of said company by operation of 
law, as in this act provided, shall, upon payment of the 
amount of money belonging to the owner or owners of said 
lands or real estate, as a compensation for the same, become 
the property of said company in fee simple. 

§ S. The said corporation may take and transport on said Prnpeiiing 
railroad any person or persons, merchandise or other p^o- p""'"'"'^''*''^'*" 
perty, by the force and power of steam or animals, or any 
combination of them, or by any other motive power, and 
may fix, establish, take and receive such rates of toll for all 
passengers and property transported upon the same as the , 
directors shall, from time to time, establish ; and the direc- Puiesforgov- 
tors are hereby authorized and empowered to make all """'^"'■ 
necessary rules, by-laws, regulations and ordinances that 
they may deem necessar}' and expedient to accomplish the 
designs and purposes and to carry into eflect the provisions 



64. RAILROAD COMPANIES — INCOKPOKATED. 

of this act, and for transfer and assignment of its stock,whieli is 
hereby declared personal property, and transferable in such 
manner as shall be provided by the by-laws and ordinance& 
of said company : Provided^ however, that the legislature 
may, from time to time, pass laws to regulate said com- 
pany : And, also, provided, that this act shall be subject to. 
the general laws of said state now or hereafter to be in 
force. 

Vacancies, how § 9. In case of the death, resignation or removal of the 
president, vice-president or any director of said company,, 
at any time before the annual election, such vacancies shall 
bo filled for the remainder of the year of such term by the 
board of directors ; and in case of the absence of the presi- 
dent and vice-president, the board of directors may appoint 
a presidentj^ro tern., who shall exercise suc]i duties as may 

Absence of the be provided by the by-laws of the company. And in case 

piesi ent. ^^ should haj3pen, at any time, that an election should not 
be held upon the day fixed by the by-laws or this act there- 
for, the said corporation shall not for such cause be deemed 
to be dissolved, but such election shall be held at any other 
time directed by the by-laws of said corporation. 

g ^[g.^j'0 inter- g 10. Whenever it shall be necessary for said railroad 
to be constructed across or intersecting the track of any 
other railroad or stream of v/ater or water course, road or 
highway, on the route of said railroad, it shall be lawful 
for said company to construct said railroad across the same : 
Provided, the same thus crossed or intersected shall bo 
restored to its former state or sufficiently so as not to ma- 
terially impede or impair its usefulness. 

May unite with § 11. It shall be lawful for said com.pany, and they 

otherroads. shall liavc powcr, to unite or consolidate its railroad with 
any other railroad or railroads now constructed or being 
constructed or which may hereafter be constructed, within 
this state or any other state, which may cross or intersect 
the same or be built along the line thereof, upon such terms 
as may be mutually agreed upon between said company or 
any other company ; and, for said purpose, full power is 
hereby o'iven said company to make and execute such con- 
tracts with any other company or companies as will secure 
the objects of sueh connections or consolidations. 
May borrow § V2i. That Said Company, by this act, shall have power 

money. ^.^ borrow moucy on the credit of the company, not exceed- 

ing three million of dollars, at a rate of interest not exceed- 
ing ten per cent, per annum, payable semi-annually, and 
Boucismay be may cxecute bonds therefor, with interest coupons attached 

issnea witn in- , •' ' \ r ^ 

terest coupons, thereto, and secure the payment thereot by mortgage or 
deeds of trust on the whole or any part thereof of said rail- 
road, property and income of the said compan3\ then ex- 
isting or thereafter to be acquired, and may annex to the 
said mortgage bonds the privilege of converting the same 
into the capital stock of said company, at par, at the option 



BAILEOAD COMPANIES INOOKPOBATED. 65 

of the holders, if such election be signified in writing to 
the company three years before the maturity of said bunds. 

§ 13. That the directors of said company be and they saie of bonds. 
are hereby authorized to negotiate and sell the bonds of 
said company at such times and in such places, either with- 
in or without this state, and at such rate and for such 
prices as in their opinion will best advance the interest of 
the company ; and if such bonds are thus negotiated ar 
sold at a discount below their par value, such sale shall be 
as valid and binding on the company, in every respect, as 
if they were sold or disposed of at par. 

§ 14. That the said company, in securing the payment secured by 
of said bonds by a mortgage or deeds of trust, as herein- *^^®^® °^ '™^*" 
before ineutioned, shall have power, in said mortgage or 
deed of trust, to secure the full amount of the bonds which 
tiie company may at the time the said mortgage or deed of 
trust bears date, or at any time thereafter, desire to sell and 
dispose of, and may execute and sell, from time to time, 
such amount of said bonds and of such dates and payable 
to such persons as the directors of said company may deem 
advisable, till the whole amount of said bonds mentioned 
in said mortgage or deed of trust shall be sold ; and such Mortirages and 
mortgage or trust deed shall be as valid and effectual to 
secure the payment of said bonds, as executed and sold, 
and every part thereof, as if the same and every part there- 
of had been executed with even date with said mortgage 
or deed of trust. 

§ 15. That the width of said road shall not exceed one width. 
hundred feet, excepting at stations, where it may be of the 
width of two hundred feet for such distances as may be 
deemed necessary by said company for side tracks, ware- 
houses and other purposes. 

§ 16. To further aid in the construction of said railroad, .Towns and 
townships, corporate towns and cities, on or along the line stJck™"^ 
of said railroad, may subscribe to the capital stock of said 
company, in sums not exceeding one hundred thousand 
dollars, respectively. But no such subscription shall be 
made until the same shall be submitted to the legal voters 
thereof; and the clerk thereof, if any, and if no such clerk, submitted to 
then the county clerk, upon the presentation of a petition, '^^^ ^^ """ 
signed by at least ten citizens, who are legal voters of the 
territory of the proposed subscription, stating the amount 
of the proposed subscription, shall cause to be posted 
notices in at least three of the public places in such terri- 
tory thirty days before such election, notifying the legal Notice of eiec- 
voters of such territory to meet at the usual place of hold- ^^'°' 
ing elections therein, or if none or if otherwise deemed 
proper, at some other convenient place, for the purpose of 
voting for or against such subscription; and if it appear 
that a majority of all voters have voted "For subscription" 
it bhall be the'duty of the supervisors, respectively, of said ^"1?! °5 ^^^ 
Yol.IlI-y ^ ^'^^''"°"' 



Q6 RAILROAD COMPANIES — INCOEPOKATED. 

corporate towns or townships, or such clerks, for and in be- 
half of the town or townships and cities, that shall have 
voted said subscription, to subscribe to the capital stock of 
said railroad company the anjount so voted to be sub- 
scribed, and to receive from said company the proper cei- 

interest bonds, titicates therefor ; and he shall execute to said company, in 
the name of said towns, townships, cities, bonds bearing 
interest not to exceed ten per cent, per annum, which bonds 
shall run not less than ten years and not to exceed twenty- 
live years, and the interest upon the same shall be made 
payable annually ; and the said bonds shall be delivered to 
the president or secretary of said railroad company, for the 
use of said company ; and said bonds shall be a pledge 
Manner of vo- upou the rcveuuc of such territories, respectively. Said 

ducUn^"*^ eiec- elections shall be held and conducted according to the laws 

dons." of such cities or corporate towns and township elections 

under the township organization laws, and the results shall 
be certified to the county clerk and be by him recorded, 
and shall be evidence of the facts therein contained. Noth- 
ing herein shall prevent said corporate towns, cities and 
Payment of in- townships from levying said subscription, with such inter- 

Btaiiments. ggt thcrcon, in five installments of annual taxation, and 

collect the same with their annual taxes : Promded^ the 

same does not exceed five percent, upon the amount of the 

Duties of the taxable property thereof It shall be the duty of the county 

county cieik. clcrk, annually thereafter, to complete and assess upon all 
taxable property returned by the assessor of each of said 
corporate towns and townships, which have voted to sub- 
scribe, a sutficient sum to pay the interest on all bonds 
issued by the respective towns, which tax shall be extended 
upon the collector's books as other taxes are, and shall be 
collected in the same manner that other taxes are collected, 
and, when collected, shall be paid into the county treasury 
as county taxes are paid. 
Duties of the § 17. It shall be the duty of the treasurer of said county 

county treasurer ^q p^y q^j;^ qjj i\^q presentation to him of the bonds issued 
by any towns, as aforesaid, the amount due upon each of 
said bonds as interest, out of any money in his hands for 
that purpose, and indorse the payment upon said bonds or 
take such voucher as he may prescribe. He shall, also, 
Inspection of keep an account with each town of any money received by 

books. jjjj^-j ^j-j^ p^j^l Qjj account of said towns, which account shall 

at all times be open to inspection by all persons wishing to 
examine the same; and nothing herein contained shall ])re- 
vent counties and cities from taking and voting for sub- 
scriptions in the stuck of said company under the general 
laws of this state. 

Dividends. § 18. No dividends shall be made to stockholders in 

scrip or stock, and the capital stock siuill never be increased 
beyond the actual estimated cost of building and equipping 
the road. 



RAiLKOAD Companies — incorporated. 67 

§ 19. That this act shall be deemed a public act, and is Evidence of act. 
liereby so declared, and shall be favorably construed for all 
purposes herein contained and declared, in all courts and 
places whatsoever, and shall be in force from and after its 
passage. 

Approved April 15, 1869. 



AN ACT to incorporate the Kankakee and Indiana Railroad Company. In force April 

19, ]S(i9. 

Section 1. £e it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That James Corporators. 
McGrew, Isaac N. Dickson, Harrison Loring, William 
(t. Swanael, Emory Cobb and Thomas P. Boniield, and 
their associates, successors and assigns, are hereby created 
a body politic and corporate, by the name and style of 
"The Kankakee and Indiana Railroad Company," with Nameaudstyie. 
perpetual succession ; and, by that name, be and are hereby 
made cipable, in law and equity, to sue and be sued, plead corporate pow- 
and be impleaded, defend and be defended, in all courts of *''*■ 
law and equity in this state or any other state ; to make 
and use a common seal, and the same to alter or renew at 
pleasure ; and shall be and are hereby vested with all pow- 
ers, privileges and immunities which are or may be neces- 
sary to carry into effect the purposes and objects of this 
ac% as hereinafter set forth. And said company are hereby construction 
authorized and empowered to locate, construct and com- °^ ''*^'' ^'^• 
plete a railroad, with a single or double track, frotn the city 
ot Kankakee, in the county of Kankakee, in this state, to 
any point on the state line between the states of Illinois and 
Indiana, in the direction of Lafayette, in the state of Indi- 
ana, or some other place in tlie state of Indiana, to be here- 
after selected. And, for this purpose, the said comj)any 
are organized to lay out and locate their said railroad, not 
exceeding one hundred feet in width, through the whole 
length ot said route, and for the purpose of cuttmgs, em- 
b;inkinents, stone and gravel, may take and appropriate as 
much more land as may be necessary for the construction 
and security of said road. 

§ 2. The capital stock of said company shall consist of Amount capital 
three hundred thousand dollars, which may be increased to ^'^'''=^- 
any amount not exceeding tlie actual estimated cost of con- 
structing and equipping their said road, to be divided into 
shares t>f one hundred dollars each. All the corporate nirectors to 

/..J 1111 ..J- 1 -ii manage affairs. 

powers 01 said company shall be vested in and exercised by 
a board of seven directors, who shall be chosen by the sti>ck- 
holders of said company, in the manner hereinafter provi- 
ded, who shall hold their offices for one year or until their 



68 EAILKOAD COMPANIES — INCORPORATED. 

successors shall be elected and qualified ; and said directors, 

a majority of wliom shall form a quorum for the transaction 

appointment of business, shall elect one of their number to be the 

of oflicers. president of the company ; and said board of directors shall 

have power to appoint all necessary clerks, secretary and. 

treasurer, and all other officers deemed necessary m the 

transaction of the business of said company. 

Examinations § 3. The Said Corporation is hereby authorized, by their 

and surveys. . i • . i 

agents, surveyors and engineers, to cause such surveys 
and examinations to be made of the ground and country as 
shall be necessary to determine the most desirable route 
whereon to construct their said railroad ; and it shall be 
lawful for said company to enter upon and take possession 
of and use all sach lauds and real estate as will be neces- 
sary for the construction and maintenance of the said rail- 
road, its depots and tracks, water stations, engine houses, 
machine shops and other buildings and appendages neces- 
sary for the construction of said railroad : Provided^ that 
all lands or real estate entered upon and taken possession 
of by aaid corporation, for the purpose and accommodation of 
said railroad, or upon which the site for said railroad shall 
have been located or determined by said corporation, shall 

Payments for ^^ P^i^ ^^^ ^^7 ^'^'^^ company, in damages, if an}^ be sus- 
land taken. taiucd by tlic owucr or owners thereof, by the use of the 
same, for the purposes of said railroad ; and all lands 
entered upon and taken for the use of said corporation, 
which are not donated to said company, shall be paid for 
by said corporation at such prices as may be mutually 
agreed upon by the said corporation and the owner or 
owners of such lands, and in case of disagreement, the price 
shall be estimated, fixed and recovered in the manner pro- 
vided by the general laws now in force or which may 
hereafter be m force providing for the condenmation of 
land tor purposes ot internal improvements. 

Annual mart- § 4. The time of holding the annual meeting of said 
ing of directors, ^jj^.y^tors, sliall be fixcd auU deterujiued by the by-laws of 
said company ; and at all meetings each stockholder thall 
be entitled to vote in person or by proxy, one vote for each 
share of stock he, she or they may hold, bona fide^ in said 
company, upon which all installments called have been 
paid. ^ 

Open books § 5. The pcrs )ns named in the first section of this act 
foi-siibsunption ^^^ hereby appointed commissioners, who, or a majority of 
them, jire hereby authoiized to open or cause to be opened 
subscription books for the stock of said company, at such 
times and places as they may deem proper, and also to ap- 
|)oint one or more agents to open such books and receive 
such subscriptions. The said commissioners or their agents 
shall require each subscriber to pay five dollars or execute 
a note therefor, (as they shall determine) on each share sub- 
scribed at the time of subscribing, and whenever tweuty- 



BAILROAD COMPANIES INCORPOKATED. 69 

five thousand dollars shall be subscribed, the said commis- 
eidiiers, or a majoiity of theui, shall call a meeting of the 
st(»ckholders hy giving ten days' notice thereof in some 
newspaper printed in the city of Kankakee, or by persemal 
notice thereof served upon each stockholder of the time and organization. 
place of meeting, and at such meeting it shall be lawful for 
the stockholders to elect the directors of said company, and 
transact any other business, and when the directors are 
chosen, the said commissioners shall deliver said subscrip- 
tion books, with all sums and notes received by them or by 
the agents appointed by them as commissioners, to said di- 
rectors. No person shall be director unless he shall be a 
hona fide stockholder in said company. 

§ 6. The directors of said company after the same is .Towns and 
organized are hereby authorized and empowered to take d nau'ous.'^^ 
and receive subscriptions to their said capital stock on sucLi 
terms and in such amounts as they may deem for the inter- 
est of said company, and as they may prescribe by their 
by-laws and regulations, from persons and from any other 
railroad company or corporation and from any county, city, 
town or township and villages, making the same, aud may 
acquire by donation, stock subscriptions or purchase, and 
may dispose and convey, as they may deem expedient, real 
estate and coal or minsral lands not exceeding one thousand 
dollars. 

§ 7. That the right of way and the real estate pur- Right of way. 
chased for the right of way or other purposes by said com- 
pany, whether by mutual agreement or otherwise, or 
■which shall become the property of said company by oper- 
ation of law, as in this act provided, shall, upon payment 
of the amountof money belonging to the owner orowneis 
thereof, as a compensation for the same, become the prop- 
erty of said railroad company in fee simple. 

^ 8. The said company may take and transport on said Articles of and 

.<j 111 fo"" trauspoita- 

railroad any person or persons, niercnand se or other prop-: ion. 
erty, by the force and power of steam, animals or other- 
wise, and may fix, establish, take and receive such rates of 
toll for all passengers and property transported upon the 
same, as said directors shall, from time to time, establish, 
subject however to the control and regulations of the legis- 
lative powers of this state, whenever they may deem proper 
to exercise the same. And said directors are hereby au- Kuiesforgov- 
thorized and empowered to make all necessary rules and 
by-laws, regulations and ordinances that they may deem 
necessary and expedient to accomplish the provisions of 
this act and to carry into efl'ect the designs and purposes 
thereof, and for the transfer and assignment of its stock, 
which is hereby declared personal property, and trans- 
ferable in such manner as shall be provided by the by laws 
and ordiuc-nces of said company. 



70 RAILROAD COMPANIES INCORPORATED. 

vvnen vacan- § 9. In case ot* the death or removal of the president, 

tii!ed?'''^"'' ^^"^ vice-president or any director, at any time before the annual 
election, snch vacancy shall be tilled for the remainder of 
the year, whenever it may happen, by the board of direc- 
tors ; and in case of the absence of the president and vice- 
president, the board shall have power to appoint a president 
pro tem.^ who shall exercise such powers as the by-laws of 
Abseneeof the said Company shall prescribe. In case that it should at any 

president. time happen that an election shall not be made on any day 

on which, in pursuance of this act or said by-laws, it ought 
to be made, the said corporation, for snch cause, shall not be 
deemed dissolved, but such election shall be held at any 
other time directed by said by-laws. 

Intersections § 10. Whenever it shall be necessary for the construc- 

tion of said railroad to intersect or cross a track of any 
other railroad, or stream of water, or water course, or road 
or highway, on the route of said railroad, it shall be lawful 
f)r said company to construct their railroad across or upon 
the same : Frovided., the said company shall restore the 
railroad, stream of water, water course, road or highway, 
thus intersected or crossed, to its former state or in suffi- 
cient manner not materially to impair its usefulness. 
May unite g H. Said Company shall have power, by and with the 

Ja'aies ^"^ ^°™" consent of the owners of three fourths of the capital stock 
of said company, and it is hereby made lawful for said com- 
pany to unite or consolidate its railroad stock and property 
with that of any other railroad company or companies 
within this state or the state of Indiana, whose lines may 
unite, cross or intersect the railroad hereby authorized to be 
Constructed, or which shall be built along or near the line 
thereof, upon snch terms as may be mutually agreed upon 
between the said company and any other company ; and for 
that purpose, lull power is hereby ^iven to said company 
to make and execute such contracts with any other com- 
pany or comj)anies as will secure the ctbjects of such C(m- 
necrion or consolidations; and such consolidating companies 
shall have authority, and are hereby authorized, to avail 
themselves of any or all the provisions of an act entitled 
"An act to authorize railroad and plankroad companies to 
consolidate their stock," approved February 28, IbSi : 
Provided^ however^ that such consolidations shall be sub- 
ject to all the conditions, terms and limitations prescribed 
in the general laws of this state upon the consolidations of 
railroads. 

nwue^. ^°"""'' ^ 12. That the said company shall have power to bor- 
row nu)ney on the credit of the company, not exceeding its 
authorized capital stock, at a rate of intercHt not exceeding 
ten per cent, per annum, ])a3'ablo semi-annually, and may 
execute bonds thercf )r, with interest coupons thereto an- 
nexed, and secure the payment of the same by mortgage on 
the whole or any i)art thereof of the said railroad, property 



BAIIBOAD COMPANIES — INCOEPOEATED. Tl 

and income of the said company then existing or thereafter 
to be acquired ; and may annex to said niorto:ao;e bonds, 
the privilege oi' converting the same into the caj)ital stock 
of the said company, at par, at the optiun of the holders, if 
such election shall be signitied in writing, to the company, 
three years before the maturity of the said bonds. 

§ 13. The directors of the said company be and they saie of bonds, 
are hereby authorized to negotiate and sell the bonds of 
said company at such times and in such places, either within 
or without this state, and at such rates and for such prices, 
as, in their opinion, will best advance the interests of said 
company, and if such bonds are thus negotiated or sold at a 
discount, below their par value, such sales shall be valid 
and binding on the company in every respect as if the same 
were sold and disposed of at their par value. / 

§ 14. That the said company, in securing the payment Payment of 
of said bonds, by a mortgage on the road, property and 
income of the company, shall have power to execute a 
mortgage, [as] aforesaid, to secure the payment of the full 
amount of bonds which the company may, at the time the 
said nortgage bears date, or at any time thereafter, desire 
to sell or dispose of, and may execute and sell, from time 
to time, such amounts of such bonds, and of such dates, 
and payable to such ijersons, as the directoi's of said com- 
pany may deem advisable, till the whole amount of bonds 
mentioned in such mortgage is executed and sold ; and the 
said mortgage shall be as valid and effectual to secure the 
})aymeut of the bonds so executed and sold, and every part 
there(jf, as if the same and every part thereof had been 
executed with even date with said mortgage. 

§ 15. The said company may, annually or semi-annu- Dmdend.show 
ally, make such, dividends as they may deem proper out of ciared. 
the net profits and income of the said company, among the 
stockholders thereof, in proportion to their respective 
shares. 

S 1(5. To further aid in the construction of said railroad .Towns and 

1 ^ . , i\ • . 1 , 1 cilies may take 

by sain company, (and) any incorporated town, [orj any stock, 
towufrhip under the township organization system, along 
the route of said road, may subscribe to the capital stock 
of said company, in any sum not exceeding one hundred 
thousand dollars. 

§ 17. ]N"o such subscription shall be made until the submitted to 
question has been submitted to the legal voters of such '^gai voters. 
towns or townships in which the subscription is j)roposed 
to be made; and the clerk of each of said towns, and the 
county clerk in tde case of townships and villages in his 
county, is hereby required, upon the presentation of a peti- 
tion signed by at least ten citizens, who are legal voters Keqnestforan 
and tax iniyers of such town, township or village, and in «i^'=^*''° 
which petition the amount proposed to he subscribed f-hall 
be stated, to post up notices in at least three public places 



72 KAILKOAD OOMPAiflES INCOKPOEATED. 

in each town, township or village — which notices shall be 
posted not less than thirty days before the day of hulding 
such election — notifying the legal voters of such town, 
township or village to meet at some place to be designated 
by said clerk, for the purpose of voting for or against such 

When majority Subscription. If it shall appear that a majority of all the 

scription?^ ^^^^~ legal vctcrs of such town, township or village voting at 
such election have voted for subscription, it shall be the 
duty of the supervisor of such town, or the chief executive 
othcer of such incorporated town, and the county <^ierk for 
and in behalf of such township or village, to subscribe to 
the capital stock of said railroad company, in the name of 
such town, township or village, the amount so voted to be 
subscribed, and to receive from the said company the proper 

Issue bonds. Certificate therefor. He shall also execute to said company, 
in the name of bu,ch towns, townships or villages, bonds 
bearing interest at ten per cent, per annum; which bonds 
shall run for a term of not more than twenty years, and 
interest upon the same shall be made payable annually; 
and which bonds shall be signed by such chief executive 
(officer, supervisor or county clerk, and attested by the 
town clerk, where there is one ; and it shall be the duty of 
clerks to make out a record ot the issuing of said bonds. 
Said bonds shall be delivered to the president or secretary 
of said company, for the use of said company. And when 
any county or city shall hereafter vote to make subscription, 
as aforesaid, the chairman of the board of supervisors of 
buch county, and the mayor of such city, shall be required 
to subscribe to the capital stock of said company the amount 
so voted. 
Transcript of § Is. It shall be the duty of the clerk of any such town, 

subscribed."™* ^ud the clcrk and judges of election of such townships and 
villages, (who shall be appointed by the county clerk,) in 
which a vote shall be given in favoi- of subscription, within 
ten days thereafter to transmit to the county clerk of their 
respective counties a transcript or statement of the vote 
given, and the amount so voted to be subscribed, and the 
rate of interest to be paid. 
Levy tax to S 19. Jt shall, be the duty of the county clerk of such 

pay interest. " ^ ., .-^ .^ ^- i j i- x- • i 

county, annually, atter the execution and delivery of said 
bonds, as atore.-aid, to compute and assess u})on all taxable 
property returned by the assessor of such town, township 
or village, a sum sufllcient to pay the interest upon all bonds 
so issued by the respective towns, townships or villages, 
and the costs of collecting and disbursing such amount; 
which tax shall be extended upon the collector's books as 
other taxes are, and collected in the same manner that 
other taxes are collected, and, when collected, shall be paid 
to tiie treasurer of the county ; and such town, township 
or village may, when i)roviding for the levying and collect- 
ing of other taxes, also assess upon the property of such 



EAILROAD COMPANIES — INCORPORATED. 73 

town, township or village any rate, nut exceeding three per 
cent, per year in any one year upon the assessments, to 
provide a fund for the redemption of the principal of such 
bonds, as or when they shall become due — said tax to be 
levied and collected as other taxes are collected, and shall 
be paid into the county treasury ; and within and after the 
maturity of such bonds, shall provide, by taxation or other- 
wise, for their liquidation ; and the county clerk may sub- 
mit the question of creating such fund to the legal voters 
of the villages or townships, at any time. 

§ 20. It shall be the duty of the county treasurer to Duties of the 
pay out, on the presentation to him of the bonds issued as county treasurer 
aforesaid, the amount due upon such bonds as interest, and 
also upon principal, where any tax shall be assessed and 
collected to pay principal, out of any money in his hands 
for that purpose, and indorse such payment of interest, or 
partial payment of principal, upon such bunds ; and when 
said bonds shall be paid, he shall receive and cancel the 
same, and return the same to the officers issuing the same, 
who shall destroy the same in the presence of the town 
clerk ; and records shall be made thereof by the proper 
ufficers. Town collectors and county treasurers shall re- 
ceive the same per cent, for receiving and disbursing said 
fund as they now receive in collecting and disbursing the 
school fund. 

§ 21. At all elections of directors, and in all questions Represent and 
voted on by stockholders, the chief executive officer of such c'lstvote. 
town, or the supervisor of such town, and such person as 
shall be chosen by the legal voters of the township or vil- 
lage which shall have subscribed to said stock, shall repre- 
sent and cast the vote which said stock represents, 

§ 22. This act shall be deemed a public act, and shall 
be in force and effect from and after it& passage. 

Approved April 19, 1869. 



AN ACT to incorporate the Kinmundv and Paua Railroad Company. In force March 

^ ' -^ 30, 1S69. 

Section 1. Be -it enacted by the People of the /State of 
Illinois, represented in the General Assembly, That C. A. corporators. 
Montross, D. C. Moore, D. P. Snelling, W. B. Eagan. Isaac 
Eagan, Dyas Powers, M. Wilson, Tilman Raser, William 
W. Foster, C. H. Hunger, James G. McCreery, J. H. Grev. 
J. W. Robb, W. T. Sprouse and Hon. Thomas E. Merritt, 
their associates, successors and assigns, are hereby creiited 
a body politic and corporate, under and by the name and 
style of '-The Kinmundy and Pana Railroad Company," Name and style. 
with perpetual succession ; and, bv that name and style, 
Vol. Ill— 10 



u 



BAILEOAD COMPANIES — INCOEPOEATED. 



Consf-ructiou 
of railroad. 



Route of road. 



Corporate pow- shall be and are hereby made capable, in law and in equity, 
^^^' to 6ue and be sued, plead and be impleaded, defend and be 

defended, in all courts of law and equity, in tbis state or 
elsewhere ; to make, have and use a common seal, and alter 
the same at pleasure : and, by that name and style, shall be 
capable, in law, of holding, purchasing, taking, leasing, 
selling and conveying estate and property, real, personal 
and mixed, so far as the same may be necessary for the 
purpose hereinafter named, and not further ; and shall be 
and are hereby vested with all the powers, privileges and 
immunities which may be necessary to carry into enect the 
object and purpose of this act. 

§ 2. The said company shall have power and authority 
to locate, and, from time to time, to alter, change and relo- 
cate, construct and reconstruct, finish, maintain and operate 
a railway or railroad, with one or more tracks, commencing 
at Pana, in the county of Christian, running thence, through 
Fayette county, to Kinmundy, in the county of Marion, in 
the state of Illinois, upon the most eligible route, to be se- 
lected by the company; and, for the purpose of construct- 
ing said railroad, said company shall have power to lay out 
and establish their said road, in width not exceeding one 
hundred feet, through the entire length thereof ; and, for 
the purpose of constructing bridges, dams, embankments, 
excavations, spade-banks, engine houses, depots, station 
grounds, machine shops, turn-outs, turn-tables, and all other 
buildings and fixtures necessary and suitable for the con- 
struction, altering, maintaining and operating said road, 
and also for obtaining necessary stone, gravel and rails, the 
said company may take, use and occupy all necessary lands 
upon either side of said railroad. 

§ 3. The said company shall have power to take and 
hold all such voluntary grants and donations of lands and 
real estate as may be made to said company, to aid in the 
construction and maintenance of said road, and to take 
conveyances of any and all estate therein to said company, 
and their successors in office, or their assigns, in fee and 
otherwise ; and the right of way and the real estate pur- 
chased for the right of way for said company, whether by 
mutual agreement or otherwise, or which shall become the 
property of the company by operation of law, as in this 
act provided, shall, upon the payment of the amount of 
money belonging to the owner or owners of said lands, as 
a compensation for the same, become the property of said 
corporation, in fee simple. 

§ 4. The said company are hereby authorized, by their 
surveyors, engineers and agents, to enter upon any lauds, 
for the purpose of making the necessary survey and exami- 
nation of said road, and to enter upon and take and hold 
all lands necessary for the construction of said road, by 
making just compensation to the owner thereof for damages 



Geuera! powers. 



Survey aud lo- 
cate railroad. 



RAILROAD COMPANIES — INCOEPOEATED. 75 

that may arise from the appropriation thereof to the uses 
aforesaid ; and in case said company cannot acquire title to 
the land required for such uses by purchase or voluntary 
cession, then they may proceed to acquire it under the 
general laws in such case made and provided. 

§ 5. The capital stock of said corporation shall consist of „|™j^""'*=^p'''^- 
two million (2,000,000) dollars, and may be increased by the " 
directors of said corporation to any sum necessary to com- 
plete and equip said road. The said capital stock shall be 
divided into shares of one hundred dollars each, and shall 
be deemed personal property, liable to be sold under exe- 
cution, and shall be transferable in such manner as shall be 
ordered by the directors of said company. 

§ 6. All the corporate povrers of said company shall be Powers of the 
be vested in and exercised by a board of directors, five '"'^"°'^^' 
in number, to be chosen annually by the stockholders, who 
shall hold their offices for one year. And the time and 
manner of holding elections for directors shall be deter- 
mined by the by-laws of the company ; and at elections, 
each stockholder shall be entitled to one vote for each share 
of stock owned by him, and vote in person or by proxy. 
Said board shall elect one of their own number president „^'^^^*'°" °^ 
of the company, and appoint all necessary clerks, secretary 
and other officers necessary for the transaction of the busi- 
ness of the board ; and if a vacancy should occur in the 
board, by any cause whatever, before the annual election, 
said vacancy may be filled by appointment, under such rules 
and regulations as may be prescribed. 

§ 7. The first board of directors shall consist of Charles Fh-st board. 
A. Montross, D. C. Moore, Tilman Raser, "W. B. Eagan 
and David Snelling, who shall hold their offices for one 
year after the passage of this act. Said directors shall 
cause the books to be opened for subscription to the capital 
stock, in such manner as may be fixed by the by-laws. 

§ 8. The said company shall be entitled to the privi- Prmieges. 
leges, immunities and protection as other railroad compa- 
nies are, and shall be subject to the same penalties and 
restrictions. 

§ 9. The counties of Christian, Fayette and Marion, in counties m^y 
which said railroad may be located, are each hereby author- ®^^^^^^" e s oc . 
ized to subscribe an amount not exceeding one hundred 
thousand dollars ($100,000) each, to the capital stock of 
said company ; and said counties, through their respective 
county courts, are hereby authorized to issue bonds, paya- 
ble to said company, for the amount subscribed, bearing 
interest at a rate not exceeding that allowed by law ; but 
before making said subscriptions, the county courts of said 
counties shall submit the question of subscription to a vote 
of the qualified voters of said counties, at an election to be 
ordered for that purpose, afcer having given thirty days' 
notice thereof, together with the amount proposed to be 



76 



Transportation . 



EAILEOAD COMPANIES — INCOKPOBATEB. 

subscribed ; and if a majority of the legal votes cast at 
such election shall be in favor of such subscription, then 
said subscription shall be made ; otherwise it shall not be 
made. 

§ 10. Said corporation shall transport firewood and fuel 
of every description over its railroad, whenever the same 
shall be offered for transportation, at rates as low as the 
rates said company shall charge for the transportation of 
other freights of a similar class. 

§ 17. This act is hereby declared to be a public act, and 
shall take efiect and be in force from and after its passage ; 
and said company shall commence its work within three 
3^ears, and complete the same within five years, after the 
passage of this act. 

Approved March 30, 1869. 



In force March 
13, 18G3. 



AN ACT to Incorporate the LaFayette, Watseka and LaSalle Railroad 
Companj. 



Corporfttors. 



Section 1. Bz it enacted by the People of the State of 
Illinois^ represented in ths General Assembly, That Mica- 
jah Stanley, Alexander Campbell, Cornelius F. McNeil, 
Elmer Baldwin, Franklin Blades, Thomas Yenum, Michael 
Hogle, John B. Hooper and Robert Doyle, and such other 
persons as may operate with them, and their successors 
and assigns, are hereby made and constituted a body cor- 

Name and stylo, porate and politic, by the name and style of "The LaFay- 
ette. Watseka and LaSalle Railroad Company," with per- 
petual succession ; and, by that name and stylo, shall be 
capable, in law, of taking, purchasing, holding, leasing, 
selling and conveying estate and property, whether real, 
])ersonal or mixed, so far as the same may be necessary for 

Corporate pow. the purposcs hereinafter mentioned ; and, in their corporate 
capacity, may sue and be sued, plead and be impleaded ; 
to have a common seal, wliich they may alter or renew at 
pleasure ; and may have and exercise all powers, rights, 
privileges and immunities which are or may be necessary 
to carry into efiect the purposes and objects of this act or 
the law, as hereinafter set forth. 

§ 2. The said company shall have fall power and au- 
thority to locate, and, from time to time, alter, change, re- 
locate, construct, reconstruct, and fully to finish, perfect 
and maintain a railroad with one or more tracks, commen- 
cing at a point on the cast line of this state, at or within 
the vicinity of a lino running from the city of Watseka, in 
Iroquois county, to the city of LaFayette, in the state of 
Indiana, and running thence, on the most eligible and 



Locate and cou 
Etriict routl. 



Kouls or road. 



RAILKOAD COMPANIES — INCOEPOEATED. 7T 

feasible route, bj the way of tlio city of "Watseka, in Iro- 
quois county, and Melbourne, on the Chicago and Alton 
itailroad, to the city of LaSalle, and to transport, take and 
carry property and persons upon said railroad, by power or 
force of steam or any other mechanical power, or combina- 
tion of them, which said company may choose to use or 
apply ; and, for the jDurpose of constructing said railroad 
or way, said company shall have power to lay out, desig- 
nate and establish their road, in width not exceeding one 
hundred feet, through the entire line thereof; and may condemn lana. 
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 here- 
inafter provided, in all such lands as may be taken or upon 
any track which may be located by said company ; and, Materials. 
for the purpose of cuttings and embankments, and for the 
purpose of obtaining stone, earth, sand and gravel, may 
take and appropriate as much more of land as may be ne- 
cessary for the proper construction, maintenance and secu- 
rity of said railroad ; and for constructing shops, depots and 
other suitable, proper and convenient fixtures in connec- 
tion with and appurtenant 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 as gifts or pur- 
chasing or making satisfaction for the same, in the manner 
hereinafter provided : Provided^ that this section shall not 
be construed to restrict or prevent the construction of pub- 
lic roads or canals or railroads across the road of said com- 
pany, when deemed expedient, but so as not to materially 
impair or obstruct the same. 

§ 3. The said company, and, under their direction, their gj^^^^ay be*ta- 
agents, servants and workmen, are hereby authorized and ken. 
empowered to enter into and upon the lands and grounds of 
or belonging to any person or persons, body politic or cor- 
porate, and survey and take levels of the same, or any 
part thereof, and to set out and ascertain such parts as they 
may think necessary and proper for making said railroads, 
with one or more sets of tracks or rails, and for all the 
purposes connected with said railroad, not exceeding one 
hundred feet in width, for whicli the said corporation, by 
the last preceding section, is authorized to have, take and 
appropriate, any lands, and to fell and to cut down timber 
standing or being within fifty feet on each side of said line 
of said railroad — the damages occasioned by the felling of Assessment of 
said trees, unless otherwise settled, to be assessed and paid 
in the manner hereinafter provided for assessing and pay- 
ing damages for land taken for the use |of said railroad 
company ; and also to make, build, erect and set up, in 
and upon the route of said railroad or upon the lands ad- 



T8 RAILROAD COMPANIES — mCOEPORATED. 

joining or near the same, all such works, ways, roads and 
conveyances, as ma}'' be requisite and convenient for the 

Gecerai powers, purposes of Said railroad ; and, also, from time to time, to 
alter, repair, amend, widen or enlarge the same or any 
of the conveniences above mentioned, as well for the 
carrying goods, commodities, timber or other things to and 
upon the said railroads, as for carrying all manner of ma- 
terials necessary for the making, erecting, furnishing, alter- 
ing, repairing, amending or enlarging the works of or con- 
nected with the said railroad, and contract and agree with 
the owner or owners thereof for earth, timber, gravel, sand 
and stone or other materials or articles whatsoever, which 
may be wanted in the construction or repairing of said 
railroad, or any of its appurtenances, they, the said 
company, doing as little damage as possible in the execu- 
tion of the said powers hereby granted, and making satis- 
faction, in the manner hereinafter mentioned, for all dama- 
ges to be sustained by the owners or occupiers of said 
lands. 
Procure addi- § 4. And Said Company may contract and agree with 

tionai materia s. ^-^^ owners or occupiers of any lands which said company 
may wish to use or occupy, ibr the purpose of procuring 
sand, stone, gravel, earth or other material to be used in 
embankments or otherwise, in and about the construction, 
repair or enjoyment of said railroad, or for the right of 
way for said railroad ; and in case said company cannot 
agree with such owner or occupier of such lands, as afore- 
said, so as to procure the same by the voluntary deed or act 
When owner ^^ ^'G.ch owuers or occupici's thereof, or if the owners or 

amiuor, etc. occupiers thereof, or either or any of them, be a femme 
covert or 7ion compos mentis, unknown or out of the county 
in which the lands or any property wanted may be situated, 
the same may be taken and paid for, if any damages be 
awarded, in the manner provided for in and by the general 
laws now in force or which may hereafter be in force on 
the subject of condenming the right of way for railroad 
companies. 

Amount capital § 5. The Capital stock of said company shall be two 

stock. millions of 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 that may 
be called for that purpose by the directors of said company, 
to any sum not exceeding the entire amount to be expended 
cortmcatcs of on account of said road ; which stock shall be divided into 
regis ere gj^^^^^g ^f ^^^ hundred dollars each, which shall be deemed 
personal property, and may be issued, certified, transferred 
and registered in such manner and at such places as may 
be ordered and ])rovided 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 



board of direc- 
tors. 



EAILBOAD COMPANIES — INOOEPOKATED. T9 

stockholders, or any of them, to make payment on the saieofdeim- 
requisition of the board of directors, the shares of such de- 1'^°°'^ ^'°^'^- 
linquents may, after thirty days' public notice, be sold at 
auction, under such rules as the directors may adopt ; the 
surplus money, if any remain after deducting the payment 
due, with interest and the necessary costs of sale, shall be 
paid to the delinquent stockholder: Provided^ that all un- 
paid assessments on stock subscriptions to this corporation 
may be collected otherwise by law, as this corporation may 
elect. The persons named in tiie first section of this act sabacription 
shall cause books to be opened for subscription to the capi- capita°8toTk.'*^ 
tal stock of said company, at such times and places, in such 
manner as they shall direct: Provided, that so soon as 
twenty-five thousand dollars of bona fide donations and 
subscriptions shall be made to said capital and five per 
cent, tbereon paid, it shall be lawful for said company to 
elect a board of directors, not less than five nor more than 
eleven in number, who shall hole! their oflices for one year 
and until their successors shall be elected and enter upon 
the duties of their ofiices. The first election of directors Eiectiou of 
shall be held at the city of Watseka, in the county of Iro- 
quois, thirty days' notice thereof first being given in some 
newspaper published in said city ; and subsequent elec- 
tions shall be held in such manner as the directors shall by 
by-laws direct. 

§ 6. At any election held for directors each share of y<>te of stock- 
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 offices until the next annual election and until their 
successors are elected and qualified. All elections for di- 
rectors to be conducted by three judges selected by the 
stockholders present. 

§ 7. After the directors are elected, they shall organize organization. 
the board by electing one of their number president and 
one of their number vice president, and by appointing a 
secretary and treasurer. 

§ S. Said company shall have power to purchase, with Machinery, etc. 
the funds of said company, for the use of said company on 
said railroad, all the necessary.^ rolling stock and other ne- 
cessary equipments, and 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 : 
Provided, that said company, in establishing tolls and 
charges for transportation and fares, shall not discriminate Transportation 
neither in favor nor against the Chicago, Danville and Vin- ^^^^^' 
cennes Railroad or the Toledo, Peoria and "Warsaw Eail- 
road, or any railroad in the state of Indiana with which this 
railroad may connect at the state line, but shall pro rate 
charges for transportation and passengers' fares with said 
railroads, and at any reasonable rates that may be estab- 



80 



RAILROAD COMPANIES — INCORPORATED. 



prohibited. 



Rules lor gov- 
pRiment. 



lEtersection. 



lished by said railroad companies, and stall promptly fur- 
nish transportation for all freights which may be offered 
oonsoiidation for shipment over said railroad, and shall not form any 
consolidation or business connection with any railroad com- 
pany in the state of Indiana, except upon the express con- 
ditions herein stated, and except said railroad company in 
tlie state of Indiana will, in like manner, pro rate with this 
company ; but these provisions shall not be construed to 
apply to tolls and charges on transportation and fares on 
the line of this road not designed to be transferred to the 
other roads in this section mentioned. 

§ 9. Said company shall have power to regulate the 
manner of transportation of persons and property, the 
width of track, form and size of cars, and weight of loads, 
and other necessary matters, and shall, also, have ])ower to 
make, ordain and establish all such by-laws, rules and 
regulations as may be deemed expedient and necessarj'- to 
fulfill the purposes of this act and for the well ordering and 
security of the affairs, business and interests of said com- 
pany. 

§ 10. When it shall be necessary for the construction of 
said railroad to intersect or cross a track of any other rail- 
road or any stream ot water or water course or road or 
highway, being over the route of said road, it shall bo law- 
ful tor the company to construct their railroad across or 
upon the same : Provided^ that said company shall restore 
the railroad, stream of water, water course, road or high- 
way-, thus intersected or crossed, to its former state, or in a 
sufficient manner not materially to impair its use. 

§ 11. The said company shall, annually or semi-annu- 
ally, make such dividends as ihey may deem proper of the 
net profits, receipts or income of said company among the 
stockholders, in proper proportion to their shares. 

§ 12. The said company are hereby authorized to bor- 
row money, from time to time, on the credit of said com- 
pany, at a rate of interest per annum to be agreed upon 
between the parties, for the sole purpose of constructing and 
equipping said road in the manner necessary for carrying 
on the operations of said company, and may issue its cor- 
porate bonds theretbr ; and to secure the payment thereof, 
with interest which accrues, may mortgage the road, in- 
come and other property of said company ; and they may, 
by their president or other ofiicers or agents, sell, dispose 
of or negotiate such bonds or stock of said company, at 
such times and places, cither within or without this state, 
and at such rates and for such pi*ices, as in their opinions 
will best advance the interests of said company ; and if 
such bonds or stocks are thus sold at a discount such sale 
shall be as valid and, binding, in every respect, as if sold at 
par value ; and the said company are hereby authorized to 
confer upon the holder of any bond issued as aforesaid the 



Divldencls. 



May 
monej". 



borrow 



Issue bonds. 



Sale of bonds. 



Railroad companies — incorporated. 81 

ri<2;ht to convert the principal tluTcof, at any time nnpaid, 
into the stock of the conipaMj. 

§ 13. The several coumit.s, townships acting under the oomities ana 
town-hip or^ranization laws, cities and towns, tlir<iugh oi g't",''il';™'*^*'''^'* 
near winch said raih'i'ad passes, may subscribe tor and take 
stiick in the curp^ration or make donations to aid in tlie 
construction of said raih'oad : Provided, that no subscrip- submitted to 
tion or donation shall be made unless the majority of the i«=iii voters, 
legd voters of the county, township, city or town, at an 
election, to be held in the sartie manner that town meet- 
intjs are held, fur that purpose, shall vote for the sauie; 
whicli election shall be called by the county court in case of 
ct)uiities, and by the corporate autliorities in case of town- 
ships, ciiies or towns, upon the petition of twenty letjal vo- 
ters of the same ; and in case tlie county court or said cor- 
porate authorities refuse, upon being so duly petitioned, to 
call such election, then any twenty legal voters of the 
county, township, city or town, as the case may be, may request im- an 
call such election ; and in case any county, township, city eb.ton. 
or town vote in favor of taking a designated amount of 
stock in said company or in fa /or of donating a designated 
amount to aid in the construction of said railroad, the same 
shall make provision, by taxation, for the prompt {)ayment Payment lor 
of the assessments on said stock or the payment of said 
donation, and may issue bonds to aid in the payment there- 
of, and may sell the same, on sued terms as may best con- 
duce to the objects for whicli they were issued, and shall, 
also, provide, by taxation, for the prompt payment of such 
bonds and the interest thereon ; and the taxation for such 
purpose shall be levied and collected like other county or 
town taxes, and shall be set apart by the county treasurer 
and appropriated to the prompt payment of assessments on 
KHid stock or the payment of such bonds, with interest 
tliereon, as the case may be; and all county and t(nvn 
taxes assessed and levied on said railroad shall be set apart 
and appropriated by the county treasurer for like purj)oses. 

§ 1-t. Said company shall have the power to unite 
its railroad with any other railroad, either in this state uTay unite with 
or the state of Indiana, upon such terms of sale, lease, "'^'' '°'*'^*'- 
purchase, or otherwise, of railroad or franchise, as may 
be muiually agreed upon between the companies con- 
necting; and, for that purpose, full power is hereby 
given to said company to make and execute such contracts 
wiih any other company as will secure tlie objects of such 
connection, purchase, sale or lease, with any other railroad 
crossing or intersecting the same or in the Ime of tlie ex- 
tension of the same; and in case this cttmpany should 
mike a satisfactory arrangement with any other com})any, 
at a point from whicti such company has a railroad now m 
operdioii or which may hereafrer be m peration, in the Kxrond road, 
direction of the city of Lafayette, in the state of Indiana, 
VoLIII— 11 



8 J BAILEOAD COMPANIES — LNCOBPOKATED. 

then this company may construct their road from a point 
so connecting said roads to the city of Watseka, and from 
thence to the city of LaSalle; and this company may 
grant to such company the right to construct and use all or 
any portion of the road hereby authorized to be con- 
structed, and also the right to purchase or lease any part 
or all of said road ; and this company shall have the right 
to sell, lease or convey the same to said company or con- 
solidate its stock therewith and place the management and 
control of the same under their board of directors, upon 
such terms as may be mutually agreed upon between the 
companies of the said railroads. 
Construction § 15. Said compauy shall first construct its railroad 

poiiits!" ^^^"^ ^ ° upon that part of its line between the state Hue and the 
city of Watseka, unless a sufficient atnount of stock and 
donations be obtained to construct more or all of said rail- 
road, in which case it mav be commenced and prosecuted 
as the directors may direct. 

Injury to road. g 1(3, If any pcrson or persons shall willfully, maliciously 
or wantonly obstruct the passage of any engine or car on 
said railroad or any part thereof or shall damage, break 
or destroy any part of said railroad or buildings connected 
therewith, cars or machinery thereof, every such person 
so oft'ending shall be deemed guilty of misdemeanor, and, 
upon indiccmeut tlierefur and conviction thereof, shall be 
liable to afine not exceeding one thousand dollars, and may 
be imprisioned not exceeding tive years, at the discretion 
of the court, and shall further be liable to the said com- 
pany in treble the amount of damages sustained, to be 
recovered in any court of competent jurisdiction. 

§ 17. This act shall be deemed and taken to be a public 
act, and shall be in fjrce from and after its passage. 
AppKOVJiD March 13, 18^59. 



In force June AN" ACT to incorporate the Lewistown and Havana Railroad Company. 
19, 1S«9. 

Section 1. Be it enacted l>y the Ptojule of the State of 

Illinois, represented in the General Assembly^ That all 

Corporators. such pcrsous as shall become stockholders, agreeably to 

the provisions of the corporation hereby created, shall be, 

and for the term of ninety years from and after the passage 

of this act, shall continue to be a body politic and coipo- 

Name and style. I'atc, by the uame of "The Lewistown and Havana Rail- 

corporate pow- r<>ad Compaiiv ;" and, by that name, shall have succession, 

"^- for the term of yeats above specitied ; may sue and be 

sued, complain or defend, in any court of law and equity ; 

may make and use a common seal, and alter the same at 



RAILKOAD COMPANIES INCORPORATED. S3 

pleasure: may make by-laws, rules and reffnlatinnR for tlie Rniesforgov- 
management ot property, the reijiuuitioii ot ite aitairs, ana 
for the transfer of its stock, not inconsistent \vith the ex- 
isting laws and constitution of this state or the United 
States ; and may appoint such officers, agents and servants 
as the business of the said company may require, prescribe 
their duties and require bond for the faithful performance 
thereof. 

§ 2. That Henry S. Bryant, Abraham Stevenson, commissioners 
John AV. Proctor, Henry Piielps, Moses Turner, John J. scnptkj'us! 
Henderson, S. C. Judd, Alexander Hull, S, P. Sho])e, R. 
B. Stevenson, L. W. James, George Whitaker, Nathan 
Beadles, C. W. Andrews, Joseph Dyckes, James J. Hole, 
Lyman Lacy, Dr.- E. B. Har]>ham, D. J. "Waggoner, Ed- 
M'ard Layer, William Phelps, John H. Piersol, Lewis W. 
lioss, John W. Ross, John H. Havighust, Hugh Fuller- 
ton, and Thomas A. Boyd, be and they are hereby ap- 
pointed commissioners for the purpose of procuring sub- 
scriptions to the capital stock of said company, whose duty 
it shall be to open books for subscription to the capital Time and place 
stock of said company, giving notice of the time and place ^°^'^'^'^'^"'^'''°'^ 
when and where said books will be opened, at least thirty 
days previous thereto, by pn!)lication in some newspaper 
or newspapers published in each of the counties of Fulton 
and Mason. The said commissioners, or a majority of 
them, shall attend at the place or places appointed in such 
notice, for the opening ot said books, and shall continue to 
receive subscriptions, either by themselves or agents ap- 
pointed by them for such purposes, until the sum of tifty 
thousand doUars is subscribed ; then, when the said sum of 
fifty thousand dollars shall have been subscribed, the said Notice of eiee- 
commissioners shall give twenty days' notice by publica- 
tion in one or more public newspapers published in the 
towns of Lewistown and Havana, in said counties of Ful- 
ton and Mason, of an election by said stockholders of a 
board of directors, as hereinafter provided, for tlie manage- 
ment of said company. At such time and place, so ap- 
pointed for that purpose, the commissioners, or a majority 
of them, shall attend and act as inspectors of election ; 
and the stockholders present shall proceed to elect ten di- 
rectors, by ballot; and the commissioners present shall Eipction of 
certify the result of such election, under their hands, 
which certificate shall be recorded on the record book of 
said company, and shall be sufficient evidence of the elec- 
tion of the directors therein named. The directors thus 
elected shall hold their offices for one year, and until their 
successors are elected and qualified. 

§ 3. The capital stock of said company shall be three ^™^°i"fjock °^ 
hundred thousand dollars, which shall be divided into '^*^'"* 
shares of one hundred dollars each, and may be increased 
by the directors of said company to any sum necessary to 



81 



KAILKOAD COMPANIES — INCOKPORATED. 



Powers of the 
d lectors. 



Vacancies. 



Term of cfBce. 



Call for pay- 
ments due. 



Stock forfeited. 



Cinstrnction 
of ra Iru^.d. 



Route of ro id. 



Kate? of fire. 



complete the work herein authorized ; and the pame shall 
be subscribed for and taken under the direction of the 
board of directors of said company', at such time and in 
such naanner as the said directors shall, frotn time to time, 
direct. The shares of said capital stock of said company 
shall be deemed and considered personal property. 

§ 4. The affairs of said company shall be managed by 
a board of ten directors, to be chosen annually by the 
stockholders, from among; themselves. At all elections f -r 
directors, each stockiiolder shall be entitled to one vote for 
each i^hare of stock held by him, and may vote personally or 
by proxy ; and a plurality of V(jtes given at any election shall 
determine^ the choice. The directois thall elect one of 
their number as president of the board ; and in case of any 
vacancy occurring in said board of directors between elec- 
ticms the same may be filled by the board, at any legal 
meeting of ihe directors, and the persim so elected to till 
the vacancy shall hold his office until the next annual 
meeting of the stockholders. In ca>e of the abbence of 
the president of the board, the directors may elect a presi- 
dent, pro tempore, who shall exercise for the time being 
all the legal powers of the presi' ent of the board. 

§ 5. It shall be lawful tor the directors to make calls 
upon the sums subscribed to the capital stock of taid com- 
pany, at such times and in such amounts as they shall deem 
fit, giving at least thirty days' notice of said calls in at 
least two newspapers published in the vicinity of said 
road ; and in case of any failuie on the part of any of the 
stockholders to make payment of any call, as aforesaid, by 
the said directors, for sixty days after the same shall have 
been done [due] the said board of directors are hereby au- 
tliorized to declare the said stock so in arrears and all 
sums paid thereon forleited to the company. 

§ 6. The said company are hereby authorized and era- 
powered to locate, constiuct and complete and to maintain 
and operate a railroad, wiih a single or double track and 
with such appurtenances as may be deemed necessary by 
the directors for the convenient use of the same, from the 
city of Lewistown, in the county ot Fulton ; thence, by the 
most eligible nuue, to the city of Havana, in the county of 
Mason. And the said cou puny may survey and determine 
the line of said road, upon such routes between said points 
as the said company siiall deem most eligible. And the 
said Company are further authorized to use and (Operate 
said railrnal, and shall have power and authority to regu- 
late the time and manner in which goods and eftects and 
persons shall l)e transportetl on the same, and prescribe the 
manner m which said railroad sha 1 be used atid the rateot 
toll for the transpnrtation of pc•r^ons and property thereon 
and tor the storage of merchandise and other property un- 
der their charge, and shall have the power to provide all 



BAILBOAD COMPANIES — INCORPOKATED. 85 

iitvcepsary stock and material for tlie operation of said road, 
and shall have power to erect and maintain all nects^ary 
depots, stations, shops and other buildings, bridges and 
machinery, for the accommodation, management and op- 
eration of said road. 

§ 7. The said company are hereby authorized, by their snryeys and 
engineers and agents, to enter upon any lauds, for the 
purpot-e of making the necessary survey and examinations 
of said road, and to enter upon, take and hold all lands 
necessary for the constiuction of said railroad and its ap- 
])emlages, iii'st making just and reasonable compensation uamaL'es for 
to the owners of said land for any damages that may arise ''*'^'^'■'^'^'^"• 
10 them trom the building of said railroad ; and in case 
said company shall not be able to obtain the title to the 
lands throi;gii which the said road shall be laid, by pur- 
chase or vidUntary cession, the said company are hereby 
anthor:ze'] to piMceed to aecortain and determine the daui- 
iiges sustained by such ow^ner or owners in the manner 
and upon the principles provided in ''An act to amend 
the law condemning right of way for purposes of internal 
improvements," approved June 22, 1862, and amend- 
ments thereto. 

*i 8. The said comuany are authorized and empoweied ^^ay borrow 
to bormw, trom time tu time, such sum or sutns or money 
as in their discretion may be deemed necessary to aid in 
the construction of said road, and to pledge and mortgage 
the said road and its appendages, or any part thereof, or 
any other property or effects, rigiits, credits or franchises 
of the said company, as secuiity for any loan of money 
and inteiet-t theieon, and to dispose of the bonds issued 
fur sucii loan, at such rates or ou such terms as the board 
of directors may determine, 

§ 9. Said company shall be bound to repair all public i^epair h-gh- 
highways, bridges and water courses which may be injuied 
in constructing the said railroad and its appendages, and 
shall restore ihem, as far as practicable, to as good a con- 
dition as they were before they were injured by reason of 
the construction of said road. 

§ 10. Any person who shall willfully injure or obstruct injury to road. 
the said road or any part there(»f, or the a[)pendages 
there(»f, rdiall be deemed guilty of a misdemeanor, and > 
shall forfeit to t' e use of ttie company a sum three-fold the 
amount of the damaires occasioned by such injury or ob- 
struction, to berecovereii in an action of debt, in tlie name 
<»f said company, with costs of suit, before any justice of 
the peace or before any court of record in this state. 

^ 11. The sa'd company shall be allowed five rears Time of com 

I- 1 I- 1 / ,• i.1 I i- • J mencement and 

from the passage of tins act lor the connnencement of said (timpietiun of 
railroad, and two years thereafter for the cjUipleliou ot *''""^- 
the same. 



86 KAILKOAD COMPANIES — INCORPORATED. 

Construction of § 12. This act shall be deemed and taken as a public 
^°'* act, and shall be construed beneiiciaily for all purposes 

herein specified or intended. 
Approved March 30, 1869. 



In force April AN ACT to incorporate the Litchfield and Western Railway Company. 
19,1869. ^ J f J 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That Ba^yless 

Corporators. ^v . Hanna, Parson B. Updike, "Wesley Best, George Ray- 
mond, Thaddeus L. Loomis, Alexander McKain Dubois, 
Samuel Pitman, David Gore, David Pierson, David M. 
Woodson, Henry L. Clay, George Wright and Benjamin 
F. Child, are hereby created a body corporate and politic, 

Name and style. Under the name and style of "The Litchfield and Western 
liailway Company," with perpetual succession ; and, under 

Corporate pow- this name, shall be capable of suing and being sued, i)lead- 

^'"^" ing and being impleaded, defending and being defended 

against, in law and equity, in all courts and places whatso- 
ever, in like manner and fully as natural persons ; may 
have and use a common seal, and alter or renew the same 
at pleasure ; and, by their said corporate name and style, 
shall be capable, in law, of contracting and being contracted 
with ; shall be and are hereby vested with all the powers, 
privileges, immunities and franchises of receiving and dis- 
posing of real and personal estate, which may be needful 
lo carry into effect fully the purposes and objects of this 
Location and act. And Said Company are hereby authorized and empow- 

road.'"'' °^ ° t'red to locate, construct and complete a railway, with a 
single or double track, commencing at Litchlield, in the 
county of Montgomery, in this state, and from thence run- 
ning to Carlinville, in the county of Macoupin, in this state, 
from thence to Carrollton, in the county of Greene, in this 
8 ate, and from thence to the Mississippi river, at any point 
i:)etwet!n the town of Hamburg and the city ol Quiiicy, on 
said river, on to either or both of said last named places. 

^^Ammnit capi- g v. The Capital stock of said company shall be one 
million dollars, which may be increased to live million dol- 
lars, for the cimstruction of said railroad and appendages 
and the full eliectuation of the objects of this act, by the 
board of directors of said company ; such capital stock shall 
be divided into shares of one hundred dollars each, and 
* shall be deemed persoTud propci-ty, and may be subscribed 

for, issued, transferred and assigned in such manner as the 
board of directors may prescribe and determine. 

General powers. § 3. The Corporation hereby created shall have power 
to locate, construct, furnish, maintain and operate a railroad, 



RAILKOAD COMPANIES — INCOEPOEATED. 87 

as aforesaid, with all necessary sidetracks, turnouts, switch- . 
es, depots, stations, and all necessary buildings, erections 
and structures ; and, for this pur{)Obe, they are hereby 
vested with all the powers necessary for the purchasing, 
taking, holding and selling and transferring property, real 
and personal, as natural persons, as the board of directors 
may deem necessary to carry out the objects of this act. 

§ 4. The persons named in the first section of this act open books 
are hereby appointed commissioners for receiving subscrip- ^°'' subscrip- 

".T 11 • 1 tion. 

tions to the capital stock ot the corporation, who, or a ma- 
jority of them, are hereby authorized to cause books to be 
opened at such times and places as they may deem proper, 
for receiving subscriptions to said capital stock. Notice of 
the time and places when and where the books will be 
opened shall be given by publication for at least thirty days 
previous to opening the same, in sucii newspaper or news- 
papers as shall be selected for that purpose by said com- 
missioners. On opening said books said commissioners 
shall attend in person, or by agents, and continue to receive 
subscriptions to said capital stock, until the sum of one hun- 
dred thousand dollars thereof shall have been subscribed. 
Each subscriber shall, at the time of subscription, pay to payments, 
said commissioners the sum of live dollars on each share of 
the stock subscribed for by him; and the commissioners 
shall, as soon as the directors of said corporation shall have 
been elected, deliver to them the whole amount so received 
and also all subscription books and papers belonging to said 
company. A majority of said commissioners may till any 
vacancies that may occur in their number, by death, resig- 
nation or otherwise. 

§ 5. All the corporate powers of said company shall be corporate pow- 
vested in and exercised by a board of nine directors, who ^^■®- 
shall be chosen by the stockholders of said company in Boird of di- 
the manner hereinafter provided, and who shall hold their "'^^"''^• 
offices for one year and until their successors shall be 
elected and qualified; and said directors, a majority of 
whom shall furm a quorum for the transaction of business, 
shall elect, by ballot, from among themselves, a president officers chosen. 
and vice-president, and shall have power to appoint a sec- 
retary, treasurer, and all otiier officers deemed necessary 
for the transaction of the business of said company, and 
nuiy require such officers to give such security for the faith- 
ful perfirniance of the duties of their office as the company, 
by its by-laws, may require. Said directors shall, al>o, Ruiesforgov- 
have power to make all such rules, bylaws and regulations ^'''^"'^"*- 
as they may deem necessarv and expedient to accomplisli 
tlie designs and purposes and to carry into effect the pro- 
visions of this act, and for the transfer and assignment of 
the ca})ital stock, and prescribing the duties of officers, arti 
ficers and servants that may be employed, and f")r the ap- 
pointment of all officers to carry on the business, within the 



88 



KAILROAD COMPANIES INCOKPOKATED. 



Slection of di' 
rectors. 



.objects and purposes Of said company, not inconsisent with 
the laws ot this state. 

§ 6. The tirst election for directors shall be hold en as 
soon as may be after the said one hundred thousand dollars 
^of stock shall have been subscribed. The cummist^ioners 
shall give notice of the time and place at which a meeting 
of the stockholders will be held, for the choice of directors, 
by publication in a newspaper published in anyone or more 
of the counties along the route of said railway, as they 
may deem i)roper, at least thirty days before the day set fur 
inspe-tors of ^uch organization. At the time and place appointed for 
ection. i\y^i purpose, the commissioners, or a majority- of them, 

shall attend and act as inspectors of said election. The stock- 
holders who shall be present shall proceerl to elect, by bal- 
lot, nine directors; and the commissioners present shall cer- 
tify the result of such election, under their hands, which 
certiiicate t^hall be recorded in the books of the corporation 
and shall be sufficient evidence of the election of the direc- 
tors therein named. All future elections shall be held at 
the times and places and in the manner prescribed by tlie 
stockhoidere' by-laws aiid regulations of said corporation. Each btock- 
hokler shall be entitled to vote, in person ur by proxy, one 
vote tor every share of stock he or she may hold, bonajide^ 
upon which all installments, called and due. have been paid ; 
and a plurality of votes at any election shall detertnine the 
choice; but no stockholder shall be allowed a vote at any 
election after the first for any stuck which siiall have been 
assigned to him within thirty days previous to the day of 
holding such election. 

§ 7. TiiC directors shall have power and are required 
to reopen the books to fill up the capital stock of saio com- 
pany, and shall continue to receive subscriptions therefor 
until the whole amount of such capital (not subt-cribed be- 
fore said commissioners) shall have been taken, and shall 
also receive such subscriptions to the additioiuil capital st(;ck 
of said ci)mi)any, should the same be increased by said di- 
rectors, pursuant to the authority herein given, at v-ucli time 
and places as the directors may deem expedient, and all 
subscriptions to the stock of said company shall be paid at 
such times and in such amounts and in such conditions as 
said dirt'Ctors may prescribe, under the penalty of the for- 
feiture of the stock and all tiie paymints thereon, and they 
shall give iK>tice of the payments thus recpiired and of the 
place wliere and the time when the same are required to be 
paid, at least thirty days previous to the time when said 
payments shall be recpiired to be made, by publication in 
sucli newspajjer and for such times as said directors shall 
determine. 

§ 8. In case of death, resignation or reinoval of the 
president, vice president or any director, at anytime before 
the annual election, such vacancy shall be filled for the re- 



Ef-npen snli 
scriptioi) books 



Pajments. 



Vacancies, how 

filled. 



RAILROAD COMPANIES — INCORPOEATEi). 89 



mainder of the year wherein it may happen by the board 
of directors; and in case of the absence of tjie president Absence of the 
and vice-president, the board of directors shall have power ''^^^' 
to appoint a president iwo Um,pore^ who shall have and ex- 
ercise such powers and functions as the by-laws of the said 
company may provide. In case it should at any time hap- 
pen that an election shall not be made on any day on whicli, 
in pursuance of this act it ought to be made, the corporation 
shall not for that cause be deemed dissolved, but such elec- 
tion shall be held at any time directed by the by-laws of 
said corporation. 

§ 9. Any incorporated city, town or county, on or near .Town3 ana 
the line of said railway, may subscribe to the capital stock stock.'"'^^ 
of said company any sum not exceeding one hundred thou- 
sand dollars, and may issue bonds, in denominations of not 
less than one hundred dollars, bearing interest at the rate 
not exceeding ten per centum, per annum, payable annu- 
ally, which bonds may run any period not exceeding twenty 
years, to be determined on by the county court, board of 
supervisors, city council, town trustees or other proper au- 
thority issuing said bonds : Brovided, that before the said 
stock shall be subscribed an election shall be held, in con- 
formity with the laws in regard to ordinary city, county or 
town elections, the usual notice having been given, and re- 
turns to be made in the usual way, at which election a ma- 
jority of the legal voters voting on that question, shall have 
voted in favor of said subscription, and to this end the submitted to 
county court, board of supervisors, city council, town trus- ^°"^' '^'^'^''^■ 
tees or other proper authority may, from time to time, or- 
der elections, specifying the amount proposed to be sub- 
scribed; and such city, town or county is hereby authorized 
to assess and levy a sutficient tax to pay the interest accru- Tax to pay Ie- 
ing on such bonds and the principal of the same, when due, 
which tax shall be assessed, levied and collected in the same 
manner as other taxes are by law required to be assessed, 
levied and collected. 

§ 10. Any township under township organization, on who may sub- 
or near the line of said railway, may, also, subscribe to the scribe etock. 
capital stock of said company in any sum not exceeding 
fifty thousand dollars, but no such subscription shall be 
made until the question has been submitted to the legal 
voters in the town in which the subscription is proposed to 
be made; and the clerk of each of said towns is hereby re- 
quired, upon the presentation of a petition, signed by at 
least twenty citizens, who are legal voters and tax payers of 
the township for which he is clerk, in which petition the 
amount proposed to be subscribed shall be stated, to post 
up notices in at least ten of the most public places in said 
town, which notices shall be posted not less than thirty Elections for 
days before the day of holding such election, notifying the l^^ck"''^'""* °^ 
legal voters of said township to meet at the usual places of 
Vol. Ill— 12 



90 



EAILEOAD COMPANIES — INCOEPORATEB. 



Supervisors to 
f-iibecribe stock. 



Issue Tjoncls. 



Clerk's duties. 



votiDg in said township, for the purpose of voting for or 
against such subscriptions, which election shall be held and 
conducted in the manner provided by law for the election 
of town officers. 

§ 11. If it shall appear that a majority of all the voters 
voting on that question have voted " For subscription," it 
shall be the duty of the supervisors of each of said townships 
that shall vote for such subscription to subscribe to the cap- 
ital stock of said railway company, in the name of the town- 
ship for which he is supervisor, the amount so voted to be 
subscribed, and to receive from said company the proper 
certificates therefor: he shall, also, execute and deliver to 
said company, in the name of said township, bonds, bearing 
interest not to exceed ten per centum, per annum, which 
bonds shall run for a term not exceeding twenty years, and 
the interest on the same shall be made payable annually, 
and which bonds shall be attested by the clerk of the town- 
ship in whose name the bonds are issued, and it shall be 
his duty to make a record of the issuing on said bonds. 

§ 12. It shall be the duty of the clerk of each of said 
townships in which a vote shall have been given for sub- 
scription, within ten days thereafter, to transmit to the 
county clerk of the county a transcript or statement of the 
vote given and the amount voted to be subscribed, and the 
rate of interest named in the bonds. 

§ 13. It shall be the duty of the proper corporate author- 
ities, annually thereafter, to comj)ute and assess upon all 
the taxable property returned by the nssessor of each of 
said townships which have voted to subscribe to the stock 
of the said corporation a sufficient sum to pay the interest 
on all bonds issued by the respective townships, which tax 
shall be extended upon the collectors' books as other taxes 
are, and shall be collected in the same manner as other 
taxes are collected, and, when collected, shall be paid into 
the county treasuiy as other taxes are paid. 

§ 14. It shall be the duty of the treasurer of such coun- 
ties in which townships have voted for said rail- 
way subscriptions, to pay out, on the presentation to 
him of the bonds issued by any townships, as albresaid, 
the amount due upon each of said bonds, as entered, out 
of any money in his hands for that purpose, and indorse 
the payment upon said bonds, or take such voucher as he 
may prescribe. He shall, also, keep an account with each 
township of .all money received and paid by him on ac- 
count of said townships, which account shall, at all times, 
be open to inspection by all persons wishing to examine 
the same. 
Mode of voting. § 1,5. At all clectioDS for officers and on all questions 
voted uj)on by the stockholders of said company, the su- 
pervisor of the township or townships who may subscribe 
to tho stock of said company, shall represent and cast the 



Tax to pay in- 
terest. 



Taxes paid to 
coimly treasurer 

Duties of the 
treasurer. 



lu.'ipeclion of 
accounts. 



RAILROAD COMPANIES — INCORPORATED. Dl 

vote which said stock is entitled to, in person or by lawlul 
proxy, and in case the supervisor is absent or unable to 
net, and has not appointed a person to act as proxy, then 
the township clerk shall be vested with the same powers as 
is herein ^iven to the supervisor. 

§ IG. The said corporation is hereby empowered to pur- May purchaec 
chase, receive and hold such real estate as may be neceB- estate'^"''^ ^^^^ 
sary and convenient in accomplishing the objects for which 
this incorporation is granted, and may, by their agents, en- 
gineers or surveyors, enter upon, take possession of and use 
all such lands and real estate as may be necessary for the 
construction and maintenance of said railroad and the ap- 
pendages and accommodations requisite and appertaining 
thereto, and may also receive and hold all such voluntary 
grants and donations of lands and real estate as shall be 
made to said corporation, for the purpose aforesaid. And Right of way. 
in case said company shall not be able, by purchase or vol- 
untary cession, to acquire the right of way and grounds 
for said railroad, appendages and accommodations, and 
grounds, of stone or gravel, for the purpose of building, 
ballasting or repairing the same, or any of them, and the 
rights of way to such grounds of stone or gravel, said com- power to cod- 
pany are empowered to take, condemn and use or other- ^'',^° f*"J,a^. '""^ 
wise to lawfully obtain and use the same, respectively, un- 
der the provisions of " An act to incorporate the Missis- 
sippi Railroad Company," approved February, 15, 1855, 
or under any of the laws of this state now in force or that 
may hereafter be enacted in that behalf, and authorizing 
the appropriation of lands for right of way for such pur- 
pose. 

§ 17. The rights of way and other real estate purchased .Property in fee 
by said company, for any of the purposes aforesaid, shall ^"^^'^' 
be held by them, in fee simple, and any such rights of way 
or real estate, taken, condemned or appropriated, as afore- 
said, shall, upon due fulfillment by said company of the 
conditions prescribed by law, to be by them performed or 
observed, to entitle them to such property, also be held by 
said company, in fee simple. 

§ 18. The said company shall have power to borrow May borrow 
money, on the credit of the company, at a rate of interest ™^'^'''^" 
not exceeding ten per centum, per annum, payable semi- 
annually, and may execute bonds therefor, with interest 
coupons thereto annexed, and secure the payment of the payment of 
same by mortgage or deed of trust, on the whole or any i>onds, secure, 
part of said railway, property, income and franchises of 
the conipany then existing or thereafter to be acquired, and 
may annex to said mortgage bonds the privilege of convert- 
ing the same into the capital stock of the said company, at 
par, at the option of the holders, if such election be signi- 
tied in writing to the company three years before the ma- 
turity of said bonds. 



92 RAILROAD COMPANIES — INCORPORATED. 

May negotiate, § 19. The directoi's of Said corporation are hereby au- 
bonds. f^thorized to negotiate and sell the bonds of the said cora- 

Ipany, at such times and in such places, either within or 
|, without this state, and at such rates and for such prices as 
? will, in their opinion, best advance the interests of the said 
^company; and if such bonds are so negotiated or sold at a 
[discount below their par value, such sale shall be as valid 
I and binding on the said company, in every respect, as if 
Uhey were sold or disposed of at their par value. 
Deed of trust; § 20. The Said company, in securing the payment of 
meuTof^bon^s!' Said bouds by mortgage or deed of trust on the road, prop- 
erty, income and franchises of said company, shall have 
power to execute a mortgage or deed of trust, aforesaid, to 
secure the payment of the full amount of bonds which the 
company, at the time the said mortgage or deed of trust 
bears date, or at any time thereafter, desired to sell and 
dispose of, and may execute and sell, from time to time, 
such amount of said bonds and of such dates and pa.yable to 
such persons as the directors of said company may deem 
advisable, till the whole amount of bonds mentioned in such 
mortgage or deed of trust is executed and sold ; and the 
said mortgage and deed of trust shall be as valid and effec- 
tual to secure the payment of the bonds so executed and 
sold, and every part thereof, as if the same and every part 
thereof had been executed with even date with said mort- 
gage and deed of trust. 
Intersections. | 21. Whenever it shall be necessary for the construc- 
tion of said railway to intersect or cross the track of any 
other railway, or stream of water or water course, road or 
highway, on the route of said railway, it shall be lawful 
for the company to construct their railway upon the same : 
Provided^ that the said company shall restore the railway, 
stream of water, water course, road or highway, thus inter- 
sected or crossed, to its former state, or in a sufficient man- 
cons^trnctionof ^er not materially to impair its usefulness : And.^ provided, 
further, that for the purpose of extending said railway, 
as authorized by section one (1) of this act, said corpora- 
tion may construct and maintain a draw-bridge or such 
other kind or form of bridge across the Illinois river as 
shall be sufficient to subserve the purpose of said I'ailway, 
and shall not materially obstruct the navigation of said 
river. 
penaiT/fon™"^' § -^^- ^^ ^^J pcrsou or porsous shall willfully or neg- 
ligently do or cause to be done any act or acts, whatever, 
whereby the said railway, or any part thereof, or any build- 
ing, construction or work of said company, or any engine, 
machine, structure or matter or thing appertaining to the 
same, shall be stopped, obstructed, w^eakened, impaired, in- 
jured or destroyed, the person or persons so offending 
shall forfeit and pay to the said company treble the amount 
of the damage sustained by reason of such offense, to be 



EAILKOAD OOMPANIEa — INOORPOKATED. 93 

recovered, with costs of suit, in the name of said company, 
by action of debt, and such offender or offenders shall be 
deemed guilty of a misdemeanor, and be subject to indict- 
ment and punishment as in other cases. 

§ 23. The said company is hereby authorized to unite May connect 
or consolidate its railway, stock and property with that of '^^''^ "^^^"^ '■°«^' 
any other railway company or companies whose line or 
lines of road may intersect or connect by continuous lines 
or at either terminus, or at the terminus of the extension 
herein authorized, or which may be on or near the line 
thereof, or it may purchase, lease, sell or make any ar- May purchase 
raugement it may deem proper with any such railway com- roacls?^^ °^^^^ 
pany or with any other company whose line of road may 
form a continuous line with the railway hereby authorized, 
to or from either terminus ; and in the event of consolida- 
tion, the companies so consolidating may take upon them- 
selves any name and style of designation they may think 
proper, and they shall be vested with all powers, privileges Piiviiegoe. 
and franchises of each, or both, or all of the companies, and 
may borrow money, upon mortgage or deed of trust, upon 
the property of one or all of said companies, at their op- 
tion : Provided^ that this section shall not be so construed 
as to allow any consolidation or arrangement with any oth- 
er company wliich will divert the road herein authorized to 
be built from the line herein contemplated. 

§ 24. The said company may take and transport on said Propelling 
railway any person or persons, merchandize or other prop- p°'"'^^- 
erty, by whatever motive or propelling power and force it 
may deem proper, and may fix, establish, take and receive 
such reasonable rates of toll or freight for all passengers 
and property transported upon the same, and for the stor- 
age of merchandise and other property under their charge, 
as the directors, from time to time, shall establish, and shall 
have power to provide all necessary stock and materials for 
the operation of said railway, and shall have power to erect 
and maintain all necessary depots, stations, shops and other 
buildings and machinery for the accommodation, operation 
and management of said railway. 

§ 25. The said company is hereby authorized to make preferred stock 
and issue preferred stock, guaranteeing such a rate of in- 
terest, not exceeding ten per cent, per annum, or with such 
priority over the remaining stock of such company, in the 
payment of dividends, as the directors of said corporation 
may determine. 

§ 26. Said company shall have power and they are construction of 
hereby authorized to construct and maintaiu a railroad " °^' 
bridge at any point on the Mississippi river, between the 
said town of Hamburg and the city of Quincy, on said 
river, to the western line of this state, with suitable ap- 
proaches to such bridge, and all convenient appendages 
and structures for the same , and said company shall have 



94: RAILROAD COMPANIES — INCORPORATED, 

May acquire power to acquire title to lands necessary for the construc- 
tiue to lands, tion of Said bridge and approaches and the same power to 
take materials from lands in the vipinity for the construc- 
tion and maintenance thereof, and for such purposes shall 
have and may exercise all the powers conferred by any of 
the laws of this state now in force or which may may here- 
after be enacted, for acquiring right of way for railroads, 
public roads or other public uses, under which the said 
company may take and acquire property heretofore taken 
or acquired for such uses, as well as other propetry. And 
said company or corporation may consolidate its property 
ana franchises with the property and franchises of any cor- 
poration or company in the state of Missouri, authorized by 
Erect bridge the statc of Missouri, to construct a bridge across said Mis- 
rirer.^^^^^^^"^^" sissippi Hver, and raay|connect therewith or may connect 
their said bridge with that of any company or corporation 
that may hereafter be organized under the laws of the state 
of Missouri to erect a bridge across said river, and, for the 
purpose of making such connection, the said company here- 
by created may make and execute all such agreements as 
it may deem expedient, and after such consolidation the 
corporation created thereby shall have all the powers here- 
in granted. 

§ 27. This act is declared to be a public act, and sliall 
take effect and be in force from and after its passage. 
Approved April 19, 1869. 



In force March AX ACT to incorporate the Macomb and New Philadelphia Railroad 
23> l80y. Company. 

Section 1, Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That Luther 

Corporators. Johuson, Benjamin li. Sarapton, Jonathan H. Baker, Louis 
H. Waters, Joseph Burton, Damon G. Tunnicliff, and 
Charles H. Whittaker, and their associates, suscessors and 
assigns, are hereby created a body corporate and politic, un- 

Name and style dcr the nanic and style of "The Macomb and New Phila- 
delphia Kailroad Company," with perpetual succession ; 

Corporate i)ow- and, by that name and style, shall be capable, in law, of 

^^^' taking, purchasing, holding, leasing, selling and conveying 

estate and i^roperty whatever, real, personal or mixed, so 
far as the same may be necessary for the purposes herein- 
after mentioned, and no further; and, in their corporate 
name, may sue and be sued, plead and be impleaded, in 
all courts of law and equity whatsoever ; and may have and 
use a common seal, and alter, change and renew the same 
at pleasure ; and may have and exercise all powers, rights, 



fiAILROAD COMPANIES — INCORPORATED. 95 

privileges and iuimuuities which are or may be necessary 
to carry into effect the purposes and objects of this act, as 
the same are hereinafter set forth. 

§ 2. TheMacomb and New Philadelphia Railroad Com- construction of 
pany shall have full power and authority to locate and, ^°'"^' 
iVoni time to time, alter, change, relocate, construct, recon- 
struct and fully to finish, perfect, equip and maintain a 
railroad, with one or more tracks, commencing at the city Route or road, 
of Macomb, in the county of McDonongh, and state of Illi- 
nois, running from thence, on the most eligible route, to the 
town of New Philadelj^hia, in the county of McDonough, 
and state aforesaid, and to transport, take and carry pro- 
perty and persons upon said railroad, by power or force of 
steam or of any mechanical or other power or combination 
of them, which said company may choose to use or apply ; 
and, for the purpose of constructing said railroad or way, 
said company shall have authority and power to lay out, 
designate and establish their road, in width not exceeding- 
one liundred feet, through the entire line thereof ; and may condemn land, 
take and apppropriate to their own use all such lands so de- 
signated 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 here- 
inafter provided, on all such lands as may be taken, or 
upon any tracts which may be located by said company ; May take nnd 
and for the purposes of cuttings and embankments and tor ra^iroid!'^'"' ^^^ 
the purpose of obtaining stone, sand and gravel, may take 
and appropriate as much more of land as may be necessary 
for the proper construction, maintenance and security of 
said road ; and for constructing shops, depots and other 
suitable, proper and convenient fixtures in connection with 
and appertaining 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 as gifts or purchasing or 
making satisfaction for the same, in the manner hereinafter 
provided : Provided, that this section shall not be construed 
to restrict or prevent the construction of public roads or 
canals or railroads across the road of said company, when 
deemed expedient, but so as not materially to impair or 
obstruct the same. 

§ 3. The said company, and under their direction, smveyandio- 
their agents, servants and workmen, are hereby au- '^''*'°°''^'^°'^''" 
thorized and empowered to enter into and upon the lauds 
and grounds of or belonging to the state or to any person 
or persons, bodies 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 making said railroad, with one or more sets of 
tracks or rails ; and for all the purposes connected with 
said railroad for which the said corporation, by the last 



96 KAILtiOAI) COMPANIES — ^INCOKPOKATED. 

preceding section, is authorized to have, take and appro- 
priate any lands, and to fell and cut down all timber and 
other trees standing or being within one hundred feet on 

Damages. eacli side of said line of said railroad — the damage occa- 
sioned by the felling of such trees, unless otherwise settled, 
to be assessed and paid in manner hereinafter provided 
for assessing and paying damages for lands taken for the 

Genei-ai powers, use of Said railroad company; and also to make, build, 
erect and set up in and upon the route of said railroad or 
upon the land adjoining or nearest the same, all such 
works, ways, roads and conveyances as may be requisite 
and convenient for the purpose of said rpjlroad ; and also, 
from time to time, to alter, repair, amend, widen or enlarge 
the same, or any of the conveniences above mentioned, as 
well as for the carrying, conveying goods, commodities, 
timber or other things to and upon the said railroad, as for 
carrying all manner of materials necessary for the making, 
erecting, furnishing, altering, repairing, amendiag or en- 
larging the works of or connected with said railroad, and to 
contract and agree with the owner or owners thereof for 
timber, gravel stone or other materials or any article what- 
ever which may be wanted in the construction or repairing 
of said railroad or any of its appurtenances, they, the said 
company doing as little damage as possible in the execu- 
tion of the said powers hereby granted and making satis- 
faction, in the manner hereinafter mentioned, for all dam- 
ages to be sustained by the owners or occupiers of said 
lands. 
May receive § 4. The Said Company shall have power and authority 

gills,, e c. ^^ receive, take and hold all such voluntary grants and do- 

nations of lands and real estate for the purposes of said rail- 
road as may or shall be made to said company, to aid in 
the construction and maintenance and accommodation of 
said railroad, and said company may contract and agree 

Materials. vj[{\\ the owners and occupiers of any lands 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 railroad, or which 
said company may wish to use or occupy in any manner or 
for any purpose or purposes connected with said railroad 
for which said company is empowered or authorized by this 
act to take, have or appropriate any lands, and to receive 
and to take grants and conveyances of any and all interests 
and estates therein to them and their successors or assigns, 
When owner iu fee or Otherwise: and in case said company cannot agree 
with suca owner or occupiers oi such lands, as aioreeaid, so 
as to procure the same by the voluntary deed or act of such 
owners or occupiers, or if the owners or occupiers thereof, 
or either or any of them, be a femme covert, infant, non 
com])os mentis^ unknown, or out of the county in which the 



minor, etc. 



RAILROAD COMPANIES — INCORPORATED. 97 

land or property wanted is situated, the same may be ta- 
ken and paid for, if any damages are awarded, in the man- 
ner provided by the general laws now in force or which 
may hereafter be in force providing for the condemnation 
of land for purposes of internal improvement. 

§ 5. The capital stock of said company shall be one Amount capital 
hundred thousand dollars, which may be increased, from *^^^ 
time to time, by a vote of a majority in interest of stock- 
holders, at their annual meeting, or at any special meeting 
that may be called for that purpose by the directors of said 
company, to any sum not exceeding the entire amount ex- 
pended on account of said road, which stock shall be divi- 
ded into shares of one hundred dollars each, which shall be 
deemed personal property, and may be issued, certified, 
transferred and registered in such manner and at such 
places as may be ordered and provided by the board of di- 
rectors, who shall have power to require the payment of Payment, 
stock subscribed in the manner and at the time and in such 
sums as the}' may direct, and on the refusal or neglect on the • 
part of stockholders, or any of them, to make payment on 
the requisition of the board of directors, the shares of such 
delinquents may, after thirty days' public notice, be sold at stock of deiin- 
public auction, under such rules as the directors may adopt ; •i"^^'^' ^^'® °^- 
and the surplus money, if any remains, after deducting the 
payment due and to become due on said stock, with interest 
and the necessary costs of sale, to be paid to the delinquent 
stockholder. The board of directors herein named shall opeu books for 
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 ten 
thousand dollars of bona fide subscription shall be made 
to said capital and five per cent, thereon paid, it shall be 
lawful for said company to elect a board of directors, not 
less than five nor more than nine in number, who shall 
hold their office for one year and until their successors 
shall be elected and enter upon the duties of their ofiice. 
The first election of directors shall be held in the said city First election 
of Macomb, thirty days' notice thereof first being given by °^ i^irectors. 
said commissioners in some newspaper published in said 
county of McDonough, and subsequent elections shall be 
held in such manner as the directors shall by their by-laws 
direct, 

§ 6. At any election held for directors, each share of vote of tho 
stock shall be entitled to one vote, to be given either in '^°^ ° 
person or by proxy ; and the person receiving the largest 
number of votes to be declared duly elected, and to hold 
their ofiice until the next annual election and until their 
successors are elected and qualified. All elections for di- 
rectors to be conducted by three judges selected by the 
stockholders present. 

Vol. III-13 



98 



RAILROAD COMPANIES — INCORPORATED. 



OrsanizatioD. 



Machinery, etc. 



Rules for goT- 
ernment. 



Transportation. 



Intsreeotions. 



DivdendB. 



Injury to read, 
penalty lor. 



§ 7. After the directors are elected, they shall organiza 
the board, by electing one of their number president and by 
appointing a secretary and treasurer. 

8. 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 mate- 
rials, wagons, carriages and vehicles, of any description, 
which they may deem necessary and proper for the pur- 
poses 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. 

§ 9. Said company shall have power to make, ordain 
and establish all such by-laws, rules and reg:nlations as may 
be deemed expedient and necessary to fulfill the purposes 
and carry into effect the provisions of this act and for the 
well ordering and securing the affairs, business and interests 
of said company : Provided^ that the same be not repug- 
nant to the constitution and laws of the United States or of 
this state. 

§ 10. The said board of directors shall have power to 
regulate the manner of transportation of persons and pro- 
perty, the width of track, the construction of wheels, the 
form and size of cars, the weight of loads and all other mat- 
ters and things respecting the use of said road and the 
conveyance and transportation of persons and property 
thereon. 

§ 11. When it shall be necessary for the construction 
of 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 railroad, it shall be law- 
ful for the company to construct their railroad across or 
upon the same: Provided, that said company shall restore 
the railroad, stream of water, water course, road or high- 
way thus intersected or crossed, to its former state or in a 
sufHcient manner not materially to impair its usefulness. 

§ 12. The said company shall, annually or semi-annually, 
make such dividends as they shall deem proper of the net 
profits, receipts or income of said company among the 
stockholders therein, in proper porportion to their respective 
shares. 

§ 13. If any person shall do or cause to be done, or aid 
in doing or causing to be done, any act whatever whereby 
any building or constrnction or work of said company, or 
any engine, machiue or structure, or any matter or thing 
appertaining to the same, shall be stopped or obstructed, 
impaired or weakened, injured or destroyed, the person or 
persujiB so offending shall be guilty of a misdemeanor, and 
may be punished, upon conviction, by fine, in any sum not 
exceeding one thousand dollars, or be imprisoned not ex- 
ceeding jive yeare, or both, at the discretion of the court ; 



RAILROAD COMPANIES — iKCORPOIlAtfiD. 99 

and shall forfeit and pay to said corporation treble the 
amount of damages sustained by reason of such offense or 
injury, to be recovered in the name of said company, with 
costs of suit, in an action of trespass, before any justice of 
the peace of this state or before any court having jurisdic- 
tion thereof. Said company shall have power to unite its May unite with 
railroad with any other railroad now constructed or which "tber road^. 
may hereafter be constructed to the said city of Macomb or 
the said town cf New Philadelphia, upon such terms as 
may be mutually agreed upon between the companies so con- 
necting ; and, for that purpose, full power is hereby given 
to said company to make and execute contracts with any 
other company as will secure the objects of such con- 
nection. 

§ 5. Said company is hereby authorized to borrow, May borrow 
from time to time, such sum or sums of money as may be ™°^°y- 
necessary for completing and furnishing or operating their 
said railroad, and to issue and dispose of their bonds in de- 
nominations of not less than five hundred dollars, for any 
amount so borrowed, and to mortgage their corporate pro- 
perty to secure the payment of any debt contracted by said 
company for the pnrposes aforesaid ; and the directors of said Bonds may be 
company may confer on any bondholder of any bond issued capuafytock"'** 
for money borrowed, as aforesaid, the right to convert the 
principal due or owing thereon into stocks of said company, 
at any time, not exceeding ten years from the date of the 
bonds, under such regulations as the directors of said com- 
pany may see fit to adopt. 

§ 15. The said company hereby chartered shall be re- Timeof com. 
quired to construct and operate their said road, throughout "^*°'^^°^s"'- 
the entire length thereof, according to the terms of this 
charter, within ten years after the work shall have been 
commenced thereon, and upon a failure so to do shall for- 
feit all rights and privileges, tracks contemplated and work 
done upon said road : Provided, the work shall be com- 
menced on said road within six years after the passage of 
this act. 

§ IG. This act shall be deemed and taken as a public when aot to 
act, and shall be in force from and after its passage. take effect. 

§ 17. The said company hereby created be and are Extend road?. 
hereby authorized to extend their said railroad from Ma- 
comb to a point opposite or at the city of Keokuk, in the 
state of Iowa, on the most eligible route ; and, for the pur- 
pose of said extension, said company are hereby declared 
to possess all the powers and be subject to all the restric- 
tions contained in this act ; and, for the purposes of said ex- lucrjasecf cap- 
tension, said company are hereby authorized to increase '"^' *'°'^''' 
their capital stock to such amount as may be necessary to 
complete such extension, under the same provisions and 
regulations, as herein provided, for the increase of the capi- 
tal stock of said company. 



tton. 



100 EAILEOAD COMPANIES — INCORrOJRATED. 

Articles ofiered § 18. Said Corporation shall transport fire-wood and 
for transporta- £^g|^ ^^ QyQrj description, ovcr its railroad, whenever the 
same shall be offered for transportation, at rates as low as 
the rates said company shall charge for the transportation 
of other freights of a similar class. 
Approved March 29, 1869. 



In force Marcli AN ACT to incorporate the Marine Railroad Company. 

30, 1869. 

Section 1. Be it enacted ly the People of the State of 
Illinois^ represented in the General Asseinhly^ That Henry 

(;orporators, C. Gerke, Xaver Suter, Henry A. Janett, Frederick Tie- 
mann, Curtis Blakeman, August Versen, William Blancke, 
John Ellison, John Weber, Henry Schmidt, John Neu- 
decker, and Henry Elbring, and their associates, succes- 
sors, heirs and assigns, are hereby created a body politic 

Name and style, ^"d Corporate, by the name and style of "The Marine 
Railroad Company," with perpetual succession ; " and, by 

Corporate pow- ^^^^ name, be and are hereby made capable, in law and 

eis. equity, to sue and be sued, plead and be impleaded, de- 

fend and be defended, in all courts of law and equity in 
this state or elsewhere ; to have and use a common seal, 
and the same to alter and renew at pleasure ; and shall 
be and are hereby vested with all powers and privileges and 
immunities which are or may be necessary to carry into ef- 
fect the purposes and objects of this act, as hereinafter set 
objecfsof the forth ; and said company are hereby authorized and em- 

corporat.on. powered to locate, construct and complete a railroad, with 
one or more tracks, from the town of Marine, Madison 
county, state of Illinois, to connect, at a convenient point, 
with the St. Louis, Vandalia and Terre Haute Railroad, or 
any other railroad built or to be built. 
Propelling § 2, Said Marine Railroad Company shall have author- 

power. jj.^ j.^ transport, take and carry persons and property upon 

said railroad, by power or force of steam or animals or an}' 
mechanical or other power or a combination of them, which 
said company may choose to apply. And for the purpose 
of constructing said railroad, said company shall have au- 
thority to lay out, designate and establish their road, in 
width not exceeding one hundred feet, through the entire 
Private prop- line tlicreof *, and may take and appropriate to their own 

ken. ^^^ ^'""^' "se all such lands so designated for the line and construc- 
tion of said road, upon first paying or tendering therefor 
the amount of damages, as shall be settled by appraisal, in 
the manner provided for by the general laws of this state, 
on all such lands or premises as may be taken upon any 
track upon which said road may be located; and, for the 



RAILKOAt) COMPANIES — INCOEPORATED. lOl 

piil'poae of cuttings and embankments, and of obtaining 
Btone and gravel, may take and appropriate as much more 
land as may be necessary for side tracks, engine houses 
and all other purposes necessary for the proper construc- 
tion, maintenance and construction of said road. 

§ 3. The said company shall have full power and au- surveys and 
thority to enter upon any lands of the state, or of any indi- examiDauonB. 
vidua! or bodies politic and corporate, and, by their ser- 
vants and agents, to make the necessary surveys for the 
location and construction of said road and also for procuring 
the necessary sand, gravel, stone, timber and other mate- 
rial necessary for the construction, use and maintenance of 
said road and its appurtenances, upon the land so appro 
priated, and to be used for that purpose. 

§ 4, In estimating the damages for the right of way or Right of way. 
other right claimed under this act, the commissioners or 
jury may take into consideration the benefits to be de- 
rived by the owner or occupier from the construction and 
operation of said road, in pursuance to the constitution and 
laws of this state. 

§ 5. The above named persons, or a majority of them, First board of 
shall constitute the first board of directors of said company, ^^'rectora. 
one of whom shall be elected president of the board. The 
first meeting of the board of directors shall be held in the 
town of Marine, and the subsequent meetings at such 
times and places as may be provided by the company. Said 
incorporators or directors shall hold their ofiices until their 
successors are elected and qualified. An election shall be Election of 
held every year after the first election for the officers of ^^'■*<='°"- 
the company, who shall hold their offices for one year. The 
directors, a quorum of which be sufficient to do business, 
shall prescribe the time and place of elections of directors, 
the number of directors to be voted for, a president, secre- Election of osa- 
tary, treasurer and other officers of the company, and the 
qualifications of those voting and to be voted for. 

§ 6. The said company shall have power to make, or- Rules for goT- 
dain and establish such by-laws, rules and regulations, for ^'°'"^" • 
the government of the afl'airs of said company, as may be 
deemed proper and not inconsistent with the constitution of 
this state and the United States. 

§ 7. Said company shall have power to regulate the Transiwriation. 
tolls, charges and rates for the transportation of freights 
and passengers upon said road, and they may change the 
same at pleasure. 

S 9. The said company is authorized to borrow such May 'borrow 

° f \ i. J. I. money. 

sum or sums ot money as may be necessary to construct 
and operate its road, and to issue and dispose of its bonds 
in such denominations and at such rate of interest or dis- 
count and in such form and upon such terms and condi- 
tions as to them shall seem best for effecting the speedy 



102 EAILROAD COMPANIES — INdOEPOEATED. 

completion of said road and the carrying on of the business 
herein authorized. 
Amouut capital § 9. The Capital stock of said company shall consist of 
stock, Qj^g hundred thousand dollars, which may be increased to 

an amount not exceeding the actual estimated cost of con- 
structing said road and operating said business. The capi- 
tal stock shall be divided into shares of one hundred dol- 
lars each, and shall be deemed personal property, and may 
be issued, transferred and registered in such manner and 
at such places as may be prescribed by the company, which 
shall also prescribe and provide the time and manner in 
which all subscriptions of stock may be made and paid ; 
Collection of and may authorize and conduct all actions and suits at law or 
be^^iSlrced?^ ^° ill equity for the recovery of such subscription, or install- 
ments or portions thereof, as it may deem necessary; and 
may, in addition thereto, declare all stock upon which any in- 
stallment is due and unpaid, forfeited, and the same be trans- 
ferred to the company or subseqirent purchaser thereof — it 
being incumbent on the company to make reasonable exer- 
tions to notify the respective parties before said forfeiture 
takes place. 
May unite with §10. The Company hereby incorporated may make any 
other roads. agreement or arrangement it may deem proper with any 
other company, whereby it may procure its said road to be 
constructed and operated by said other company ; or it may 
become incorporated into and form a branch or part of any 
other railroad company, or combination of persons, with 
whom it may be desirable to form such connections ; is 
hereby authorized and empowered to make all arrange- 
ments as to it may seem expedient for the consummation 
of such object, anything seemingly conflicting in this char- 
Name and style, ter notwithstanding; and the said companies, when com- 
bined, may assume any name or style of designation they 
may think proper, and shall be vested with the same pow- 
ers that each or both of them had prior to their combina- 
tion. 
stockholders' § H- No Stockholder shall be held liable for the debts 
lability. qj. other liabilities of the company'-, beyond the amount of 

stock for which he or she may have subscribed. 
Time of com- § 12. WJicnever, in the opinion of the board of direct- 
^mpietiifn '^o^f ors, a suflicient amount of capital stock has been subscribed, 
road. j;j^g work on Said road may be commenced, and prosecuted 

to its final completion as fast as the means of the company 
will permit. 
J^nspnrtation § 13. Said Corporation shall transport fire-wood and 
^ ■ fuel, of every description, over its railroad, whenever the 
same shall be offered for transportation, at rates as low as 
the rates said company shall charge for the transportation 
of other freights of a similar class. 

§ 14. This act shall be deemed a public act, and is here- 
by so declared, and shall b« favorably construed for all pur- 



KAILROAJ) COMPANIES — INCORPORATED. 103 

poses herein expressed and declared, in all the courts and 
places whatsoever, and shall be in force from and after its 
passage. 

Appkoved March 30, 1869. 



AN ACT to incorporate the Marseilles and Streator Railroad Company. Ic force March 

Section 1. Be it enacted hy the Peojjle of the State of 
Illinois, represented in the General Assembly, That Isaac corporators. 
Underhill, Eoderick Clark, Oran.^e W. Yonnp;, James F. 
Bradbrook, Wm. B. rhillips, David Straun, Ralph Plumb, 
Oliver Young, and Jacob P. Black, and their associates, 
successors and assigns, be and they are hereby created a 
body politic and corporate, by the name of " The Marseilles Name and style. 
and Streator Railroad Company," with perpetual succes- 
sion, and by that name be and are hereby made capable, 
inlaw and equity, of suing and being sued, pleading and 
being impleaded, defending and being defended, in any 
court of law or equity in this state or elsewhere ; and may 
make, have and use a common seal, and alter the same at 
pleasure ; and shall be and are hereby invested with all 
powers and privileges and immunities incident to corpora- 
tions, for the purposes hereinafter mentioned. 

§ 2. Said company are hereby authorized and em- constrnctonof 
powered to locate, and, from time to time, to alter, and™^"'' 
change, relocate, construct, reconstruct and fully finish, 
perfect, equip and maintain a railway, with one or more 
tracks, from the town of Marseilles, in the county of La- Routs of ro.ad. 
Salle, to the town of Streator, in said county, by such route 
as the directors of said company may deem most feasible 
and eligible ; and, for this purpose, said company is au- 
thorized to lay out and construct said road, in width not 
exceeding one hundred feet, throughout its whole length ; 
and, for the purpose of cuttings, embankments and obtain- 
ing stone, sand and gravel, and for constructing and erec- 
ting shops, depots and other suitable, proper and conve- 
nient fixtures in connection with and appurtenant to said 
railway and all necessary and proper uses, may take as 
much more land as may be needed for the construction, 
operation and security of said road. 

§ 3. The said corporation is hereby authorized, by their gxa'^natlont"^ 
agents, surveyors and engineers, to cause such examination 
and surveys to be made of the grounds and the country as 
shall be necessary to determine the most desirable route 
whereon to construct their said railroad; and it shall be Condemn land, 
lawful for said company to enter upon and take possession 
of and use all snch lands and real estate as will or may be 



lOi: SAILSOAD C0MPAIIIE8 — INOOBPORATED. 

necessary for the construction and maintenance of the said 
railroad, its depots, sidetracks, water stations and engine 
houses, machine shops and other buildings and appendages, 
necessary to the construction of said railroad : Frovided, 
that the lands or real estate entered upon and taken pos- 
session of by said company or corporation, for the purpose 
and accommodation of said railroad or upon which the site 
for said railroad shall have been located or determined by 
said company, shall be paid for by said company in dama- 
ges, if any be sustained by the owner or owners thereof by 

Compensation the usG of the Same for the purposes of said railroad ; and 
all lands entered upon and taken for use of said corpora- 
tion, which are not donated to said company, shall be paid 
for by said corporation at such times as may be mutually 
agreed upon by the said corporation and the owner or own- 
ers of such land^, and, in case of disagreement, the price 
shall be estimated, fixed and recovered in the manner pro- 
vided for taking lands for the construction of public roads, 
canals or other public works as provided by the general 
laws now in force or which may hereafter be in force pro- 
viding for the condemnation of land for purposes of internal 
improvement. 

Amount of cap- § 4. The Capital stock of said company shall be five 
hundred thousand dollars, which may hereafter be increased 
by a vote of the majority of the directors of said company to 
any sum necessary for the completion and fulfilment of the 
objects and purposes of the corporation hereby created. 
Said capital stock shall be divided into shares of one hun- 
dred dollars each, which shares shall be deemed personal 
property, and shall be transferable only in such manner 
and upon such terms as shall be prescribed by the by- 

open books for 1^1 >V3 of Said Company. The persons named in the first 
siib*cnptioD. section of this act are hereby appointed as commissioners 
for receiving subscriptions to the capital stock df the cor- 
poration, who, or a majority of them, are hereby authorized 
to cause books to be opened at such times and places as 
they may deem proper, for receiving subscriptions to the 
capital stock of said corporation. Notice of the time and 
places when and where the books are to be opened shall 
be given by publication for at least thirty days previous to 
the opening of the same in such newspaper or newspapers 
as shall be selected for that purpose by said commissioners. 
On opening said books, said commissioners shall attend in 
person, or by agents, and continue to receive subscriptions 
to said capital stock until the sum of thirty thousand dol- 

Paymentofpro- ^^^^ thereof shall have been subscribed. Each subscriber 

portion. shall, at the time of subscription, pay to the commissioners 

the sum of five dollars on each share of stock subscribed for 
by him ; and the commissioners shall, so soon as the direc- 
tors of said corporation shall have been elected, deliver to 
them the whole amount so received and also all subscrip- 



RAILROAD 00MPANIE8 — INCORPORATED. 105 

tion books and papers belong^ing to said company. A vacaacies.ho^ 
majority of said cuimaissioners may fill any vacancies that 
may occur in their number, by death, resignation or other- 
wise. 

§ 5. All the corporate powers of said company sliall be corporate pow- 
vested in and exercised by a board of nine directors, who ^'^^' 
shall be chusen by the stockholders ot said company in the Board of direc- 
manner hereinafter provided, and who shall hold their of- ^''"" 
iices for one year, and until their successors shall be elected 
and qualified ; and saii directors, a majority of whom shall Quomm to do 
form a quorum for the tiansaction of business, shall elect ^°^"'®^*- 
by ballot, from among themselves, a pret-ident and vice- 
president, and shall have power to appoint a secretary, 
treasurer and other officers deemed necessary for the trans- 
action of the business of said company, and mav require 
such officers to give security for the faithful performance of 
the duties of their office as the company, by its by-laws, 
may require. Said directors shall, also, have power to Rniesforgov- 
make all such rules, by-laws and regulations as they may "°'^®"'- 
deem necessary and expedient to accomplish the designs 
and purposes and to carry into efiect the provisions of this 
act for the transfer and assignment of the capital stock and 
prescribing the duties of officers, artificers and servants, that 
may be employed, and for the appointment ot all ofiicers to 
carry on the business, within the objects and purposes of 
said company, not inconsistent with the laws of this state. 

§ 6. The first election for directors shall be holdeu as soon First section 
as may be after the said thirty thousand dollars of stock ot directors 
shall have been subscribed. The commissioners shall give 
notice of the time and place at which a meeting of the 
stockholders will be held for the choice of directors, by the 
publication in a newspaper published in any one or more 
of the towns on the route ot the said railroad, as thc!y may 
deem proper, at least thirty days before the day set fur such 
organization. At the time and place appointed f )r that inspectors of 
purpose the commissioners, or a majority of them, shall at- *'*''^''*^"- 
tend and act as inspectors of said election. The stockhold- 
ers who shall be present shall proceed to elect, by ballot, 
nine directors, and the commissioners present shall certify 
to the result of said election, under their liands, which cer- 
tificate shall be recorded in the books of the corporation, 
and shall be sufficient evidence of the election of the direc- 
tors therein named. All future elections shall be held at 
the times and places and in the manner prescribed by the 
by-laws and regulations of said corporation. Each stock- who enutied 
holder shall be entitled to vote, in person or by proxy, one *°'"''^- 
vote for every share of stock he or she may hold, Bona Jlde, 
upon which all installments called and due have been paid; 
and a plurality of votes at any election shall determine 
the ch(»ice. But no stockhoLJer shall be all. wed to vote 
at any election after the first for any stock which shall 
Vol. Ill— U 



106 RAILROAD COMPANIES — INCOBPORATBD. 

have been assigned to him within thirty days previous to 
holdincf such election. 

whenstocknot § 7. The board of directors shall have power and are 

op^u'^booka. ^^" required to reopen the books to hli up the capital stoeii of 
said company, and shall continue to receive subscriptions 
therefor until the whole amount of said capital (not sub- 
scribed before said commissioners) shall have been taken, 
and shall also receive subscriptions to the additional capital 
stock of said company, should the same be increased by 
the directors, pursuant to the authority herein given, at 
such time and places as the directors may deem expedient. 

Payments. And all subscriptions to the stock of said company shall be 
paid at such times and in such amounts and on such con- 
ditions as said directors may prescribe, under the penalty 
of the forfeiture of the stock and all previous payments 
thereon ; and they shall give notice of the payments then 
required and of the place where and of the time when said 
payments shall be required to be made, by publication in 
such newspaper and for such time as said directors shall 
determine. 

vacandesihow § 6. In case of death, resignation or removal of the 

filled. president, vice-president or any director, at any time be- 

fore the annual election, such vacancy shall be tilled for the 
remainder of the year wherein it may happen by the board 
Absence of the of directors ; and in case of the absence of the president 

presideEt. ^^^^ vice-presidcnt, the board of directors shall have power 

to appoint a president, pro tempore^ who shall have and 
exercise such powers and functions as the by-laws of the 
said company may provide. In case it should at any time 
happen that an election should not be made on any day on 
which in pursuance of this act it ought to be made, the cor- 
poration shall not for that cause, be deemed dissolved, but 
such election shall be held at anytime directed by the by- 
laws of said corporation. 
Towns and §9. Any incorporated City, towu or county, on or near 

stick. """^ ^''^^'^ the line of said railway, may subscribe to the capital stock 
of said company any sum not exceeding one hundred thous- 
and dollars, and may issue bonds, in denominations of not 
, less than one hundred dollars, bearing interest at the rate 
not exceeding ten per centum, per annum, payable annually, 
which bonds may run any period, not exceeding twenty 
years, to be determined on by the county court, board of 
supervisors, city council, town iriistees or other proper au- 
submitted o thority issuiug said bonds: Frovided^ that betore said 

legal voters. g^^ck "'shall be subscribcd, an election shall beheld in con- 
formity with the laws in regard to ordering city, county or 
town elections — thirty days' notice having been given and 
returns to be made in the usual way — at which election a 
majority of the lej^al voters, voting on that question, shall 
have voted in favor of said subsciiption, and, to this end, 
the county court, board of supervisors, city council, town 



BAILKOAD OOMPANIES — INOOKPORATED. 107 

trustees or other proper authority may, from time to time, 
order elections specityiiig the aniount propused to be sub- 
scribed ; and such city, town, or county is hereby autho- 
rized and required to issue and levy a sufficient tax to pay 
the interest accruing on such bonds and the principal of the 
same when due, which tax shall be assessed, levied and 
collected in the same manner as other taxes are by law re- 
quired to be assessed, levied and collected. 

§ 10. Any township under township organization, on Townships may 
or near the line of the said railroad, may, also, subscribe to ^^'^^ '*'°'=^- 
the capital stock of said company, in any sum not exceed- 
ing one hundred thousand dollars ; but no such subscrip- 
tion shall be made until the question has been submitted le^a/votMs^ *° 
to the legal voters of the town in which the subscription is 
proposed to be made ; and the clerk of each of said towns 
is hereby required, upon the presentation of a petition, 
signed by at least ten citizens, who are legal voters and tax 
payers of the township for which he is clerk, in which pe- 
tition the amount proposed to be subscribed shall be stated, 
to post up notices in at least three of the most public Notice of eiec 
places in said town, which notices shall be posted not less ^°"' 
than thirty days before the day of holding such election, 
notifying the legal voters of said township to meet at the 
usual places of voting in said township, for the purpose of 
voting for or against such subscription ; which election 
shall be held and conducted in the manner provided by law 
for the election of town officers. 

§ 11. If it shall appear that a majority of all the voters supervisor to 
voting on that question have voted for subscription, it ^^^g* subscnp- 
shall be the duty of the supervisors of each of said town- 
ships that shall vote fur such subscription to subscribe to 
the capital stock of said railway company, in the name of 
the township for which he is supervisor, the amount so 
voted to be subscribed, and to receive from Sriid company 
the proper certitieates therefor; he shall, also, execute and issue bonds. 
deliver to said company, in the name of said township, 
bonds, bearing interest not to exceed ten per centum per 
annum, which bonds shall run for a term not exceeding 
twenty years, and the interest on the same shall be made 
payable annually, and which bonds shall be attested by 
the clerk of the township in whose name the bonds are is- 
sued, and it shall be his duty to make a record of the issu- 
ing of said bonds. 

§ 12. It shall be the duty of the clerk of each of said D^tyof ciork. 
townships in which a vote shall have been given for sub- 
scription, within ten days thereafter, to transmit to the county 
clerk of the county a transcript or statement of the vote 
given and the amount voted to be subscribed and the rate 
of interest named in the bonds. 

§ 13. It shall be the duty of the county clerk, annually ^^I'^^^^l^^^ 
thereafter, to compute and assess upon all the taxal)le proper- 



108 EAILROAD COMPANIES — mCOEPOKATED. 

tj returned by the assessor of each ot* said townships which 
have voted to subscribe, a sufficient sum to pay the inter- 
est on all bonds issued by the respective towns, which tax 
shall be extended upon the collector's books as other taxes 
are, and the same shall be collected in the same manner 
that other taxes are collected, and, when collected, shall 
be paid into the county treasury as county taxes are paid. 

Duties of the § li. It shall be the duty of the treasurer of such coun- 
ties in which townships have voted for said railway sub- 
ecription to payout, on the presentation to him of the bonds 
issued by any township, as aforesaid, the amount due upon 
each of said bonds, as interest, out of any money in his 
hands for that purpose, and indorse the amount of [layment 
upon said bonds or take such voucher as he may prescribe ; 

inspecUon of he shall, also, keep an account with each township of all 
money received and paid by him on account of said town- 
ships, which account shall, at all times, be open to in- 
spection by all persons wishing to examine the same. 

Datj of super- § 15, At all elections of officers, and on all questions 
voted upon by the stockholders of said company, the super- 
visor of the township or townihips who may subscribe to 
the stock of said company, shall represent and cast the 
vote which said stock is entitled to, in person or by lawful 
proxy ; and in case the supervisor is absent or unable to 
act and has not appointed a person to act as proxy, then 
the township clerk shall be vested with the same powers 
as are herein given to the supervisor. 

Furchaae, hold § 16. The Said Corporation is hereby empowered to 
esilteT^^^ ^^^^ purchase, receive and hold such real estate as may be nec- 
essary and convenient in accomplishing the objects for 
which this incorporation is granted ; and the rights of way 
and other real estate purchased by said company for any 
of the purposes aforesaid, shall be held by them, in fee 
simple ; and any such rights of way or real estate taken, 
condemned or appropriated, as aforesaid, shall, upon due 
fulfillment by said company of the conditions prescribed 
by law to be by them performed or observed to entitle 
them to such property, also be held by said company in 
fee simple. 

May borrow § 17. The Said Company shall have power to borrow 
money. money, on th3 credit of the company, at a rate of interest 

not exceeding ten per centum per annum, payable semi- 
issne bonds. annually, and may execute bonds therefor, with interest 
coupons attached thereto, and secure the payment of the 
same by mortgage on the whole or any part of said rail- 
road property, income and franchises of the company then 
existing or thereafter to be acquirc^d ; and may annex to 
said mortg;.ige bonds the privilege of converting the same 
into the capital i~tock of said company, at pai\ at the op- 
tion of the holders, if such election be signified to the 



BAILEOAD OOMPiLNIEB INOOKPORATED. 109 

company ia writing three years betbre tlie maturity of said 
bonds. 

§ 18. The directors of said corporation are hereby au- May sell bond 
thorized to negotiate and sell the bonds of the said com- 
pany at such timed and in such places, either witliin or 
without this state, and at such ratus and for such prices as 
will, in their opinion, best advauce the interests of the 
said c >mpany ; and if said bonds are Su negotiated or sold 
at a discount below the r par vahie such sale shall be as 
valid and binding on the said company, in every respect, 
as if they were sold ov disposed ot at their par vulue. 

§ 19. The said company, in securing the payment of security for 
such bonds by mortgage on the road property, income and ^'^'^^^ issued. 
franchises of said company, shall have power to execute a 
mortgage, aforesaid, to secure the payment of the full 
amount of the bonds which the company, at the time the 
said mortgage bears date or at any time thereafter, desired 
to sell or dispose of, and may execute and sell, from time 
to time, such amount of said bonds and of such dates and 
payable to such persons as the directors of said company 
may deem desirable, till the whole amount of bonds men- 
tioned in such mortgage is executed and sold ; and the 
said mortgage shall be as valid and effectual to secure the 
payment of the bonds so executed and sold and every part 
thereof as if the same and every part had been executed 
with even date with said mortgage. 

^ 20. Whenever it shall be necessary for the construe- «, . 

."^.,., . •', 1 . Crossings, etc 

tiou of said railway to intersect or cross the track ot any 
other railway or stream of water or water course, road or 
highway, on the route of said railway, it shall be lawful for 
the said company to construct their railway upon or over 
the same : Provided^ that the said company shall restore 
the railway, stream of water, water course, road oj* high- 
way, thus intersected or crossed, to its former state, or in a 
sufficient manner not materially to impair its usefulness : 
And "provided^ fiiriher^ that said corporation may con- 
struct and maintain such kind and form of bridge across 
the Illinois river as shall not materially obstruct the navi- 
gation of said river and shall be sufficient to subserve the 
purposes of said railway. 

§ 21. If any person or persons shall willfully or negli- pgn^u/ior'^"*"^' 
gently do or cause to be done any act or acts whatever 
whereby the said railway or any part thereof or any build- 
ing, construoture or work of said company, or any engine, 
machine, structure or matter or thing appertaining to the 
same shall be stopped, o!)strncted, sveakeued or impaired, 
injured or destroyed, the person or persons so offendinjjj 
shall forfeit and pay to the said company treble the amount 
of the damages sustained by reason of such offenses, to be 
recovered, with costs of suit, in the name of said com- 
pany, by action of debt, and such ofiender or offenders 



110 BAILEOAD COMPANIES — INOOKPOJBATED. 

shall be deemed guilty of a misdemeanor, and be subject 
to indictment, and punished as in other cases. 
Consolidation § 22. The Said companj is hereby authorized, by and 

of railroads. ^j^^ ^j^g coHsent of the owDcrs of three-fourths of the cap- 
itiJ stock of said company, to unite or consolidate its rail- 
way stock and property with that of any other company or 
companies whose line or lines of road may intersect or 
connect by continuous lines or at either terminus or which 
may be on or near the line thereof, or it may purchase, 
lease, sell or make any arrangement it may deem proper 
with any such railway company or with any other com- 
pany whose line of road may form a continuous line with 
the railway hereby authorized to or from either terminus, 

Nameand style, and, in the Bveut of Consolidation, the companies so con- 
solidating may take upon themselves any name and style 
of designation they may think proper, and they shall be 
vested with all powers, privileges and franchises of each 
or both or all of the companies, and may borrow money, 
upon mortgage upon the property of one or all of said 
companies, at their option : Provided^ that this section 
shall not be so construed as to allow any consolidation or 
arrangement with any other company which will materi- 
ally divert the road herein authorized to be built from the 
line herein contemplated. 
Propelling § 23. The Said company may take and transport on 

power of road. ^^^^ railway any person or persons, merchandise or other 
property, by whatever motive or .propelling power and 
force it may deem proper, and may fix, establish, take and 

Transportation fcceive such ratcs of toll or freight for all passengers and 

Rates, et;. property transported upon the same and for the storage of 
merchandise and other property under their charge, as the 
directors, from time to time, siiall establish, and shall have 
power to provide all necessary stock and materials for the 
operation of said railway, and sliall have power to erect 
and maintain all necessary depots, stations, shops and 
other buildings and machinery, for the accommodation, 
operation and management of said rcailway. 

Articles offered § 2-i. Said Corporation shall transport fire-wood and 

for transporta- pi,. ,■■•.,. . m i i i 

rion. luel ot every description over its railroad, whenever tne 

same sliall be ofiered for trans])nrtation, at rates as low as 
the rates said companj^ shall charge for the transportation 
of other freights of a similar class. 

§ 25. This act shall be deemed a public act, and shall 
be favorably construed for all purposes herein expressed 
and declared, and shall be in force from and after its pas- 
sage. 

Approved March 27, 1869. 



RAILROAD COMPANIES — INCORPORATED. HI 



AN ACT. to incorporate the Mendon Railroad Coinpanv. In force March 

1], 1869. 

Section 1. Be it enacted hy the People of the ^tate of 
Illinois^ represented in the General Assembly, That Samuel corporators. 
K. Chittenden, Abram Beuton and Samuel H. Bradley 
bo and they are hereby created a body corporate and poli- 
tic, by the name and style of "The Mendon Railroad Name sndetyie. 
Company ; " and, by that name and style, u^^j sue and be 
sued, plead and be impleaded, defend and be defended, in 
all courts and places; and may have and use a common 
seal, which they may alter and renew at pleasure. The Amount capital 
capital stock of said company shall be one hundred thou-*"' ' 
sand dollars, with the privilege of increasing to two hun- 
dred thousand dollars, to be divided into shares of one 
hundred dollars each; and whenever fifty thousand dollars 
shall have been subscribed to the stock of said company, 
said company may proceed to the location and construction construction of 
of a railroad from Mendon, in Adams county, to any point '^"^'^^" 
on the Chicago, Burlington and Quincy Railroad, at any 
point at or west of Fowler Station, and to operate the same 
by steam or horse power; and may condemn the right of Rigbt of way. 
way in the manner provided by the general laws of this 
state now in force or which may hereafter be enacted, pro- 
viding for the condemnation of lands for purposes of inter- 
nal improvement, and may locate the same over, along, 
across or upon any public road between said points. The May borrow 
said company may borrow money, and mortgage its pro- ™^'^«>'- 
perty and franchises to secure the same; and, in the loca- 
tion, construction and operation of said road, shall have all 
the powers usual to railroad companies. Said company 
may lay down upon said road tram rails, and plank or mac 
adam between said rails, and for two feet each side thereof, 
and allow the same to be used as a road for common vehi- 
cles, under such rules as the directors shall prescribe, and Eateeof tou. 
charge therefor reasonable tolls, to be regulated by the 
town council of Mendon. Said incorporators shall be di- 
rectors of said company for one year, and until their suc- 
cessors are elected and qualified ; one of whom shall be 
president. Said company may pass any by-laws not incon- 
sistent with the laws of this state, and may provide for the 
election of otiicers and appointment of agents of said com- 
pany. 

§ 2. This act shall be a public act, and shall take ejQfect 
from and after its passage. 

Ai'PKovKi) March 11, 1869. 



n'2 



RAILROAD COMi ANIE8 INOOEPORATED. 



[n force March 
13, 18U9. 



Corporators. 



Name and style. 



Corporate paw- 

ers. 



Route of road. 



Amount capital 
Btock. 



Business man- 
aged by direc- 
tors. 



AN ACT to incorporate the Mendota, Paxton and Danville Railroad Com- 
pany. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That Absa- 
lom B, Moore, Dwight F. Cameron, William Reddick, of 
the city of Ottawa, and D. A. Cook and L. JB. Crooker, of 
the city of Mendota, in LaSalle county, S. S. Morgan and 
John McWilliams, of Livingston county, and William H. 
Pells, David Patt>n, of Paxton, Ford county, and John L. 
Tincher and Daniel Clapp, of Danville, Illinois, and their 
associates, successors and assigns, are hereby created a body 
corporate and pulitic, under the name and style of "The 
Mendota, Paxton and Danville Railroad Comp;-my," for 
the term of eighty yeais ; and, by that name, may be and 
are hereby made capable, in law and in equity, to sue and 
be sued, plead and be impleaded, defend and be defended^ 
in any court of law and equity, in this state or in any other 
place ; to make, have and use a common seal, and the same 
to renew and alter at pleasure ; and shall be and are hereby 
vested with all the powers, privileges and immunities which 
are or may be liecessary to carry into effect the purposes 
and objects of this act, as hereinafter set forth; and the 
said Company are hereby authorized and empowered to 
locate, construct and finally cora[)lete a railroad from the 
city of Mendota, in LaSalle county, to the town of Dan- 
ville, in Yei'inilion county, by the way of the city of Ottawa, 
in LaSalle count)', and the town of Odell, in Livingston 
county, and by Paxton, in Ford county, by the most direct 
and eligible route; and, for this purpose, said compar^y are 
authorized, upon the most eligible and direct route, to lay 
out their said railroad, wide enough for a single or a double 
track, through the whole length ; and, for the purpose of 
cuttings, embankments, stone and gravel, may take as much 
more land as may be necessary for the proper construction 
of and security of said railroad. 

§ 2. The capital stock of said company shall consipt of 
one million of dollars, and may be increased to two millions 
of dollars, to be divided into shares of one hundred dollars 
each. The immediate government and direction of said 
company shall be vested in eleven directors, who shall be 
chosen by the stockholders of said company, iu the manner 
hereinafter provided, who shall hold their offices for one 
year after their election, and until otiiers shall be duly 
elected and qualified to take their place as directors; and 
the said directors — a majority of whom shall form a quorum 
for the transaction of business — shall elect one of their 
number tu l)e the president of the company ; that said 
board of directors shall have power to appoint all necessary 
clerks, secretary and other officers necessary in the trans- 
action of the business of said company. 



RAILROAD COMPANIES — INCORPORATED. Il3 

S 3. The said corporation is hereby authorized, by their smveys and 

", f. ,- \ • 4.- examinations. 

agents, surveyors and engineers, to cause such examination 
and surveys to be made of the ground and country between 
the said several j)oints and places hereinbefore indicated, 
as shall be necessary to determine the most advantageous 
route for the proper line or course whereon to construct 
their said railroad; and it shall be lawful for said company May take landu. 
to enter upon and take possession of and use all such lands 
and real estate as may be necessary for the construction 
and maintenance of their said railroad : Provided, that all 
lands or real estate entered upon or taken possession of 
and used by said corporation, for the purposes and accom- 
modations of said railroad, or upon which the site of said 
railroad shall have been located or determined by the said 
corporation, shall be paid for by said company in damages, 
if any be sustained by the owner or owners thereof by the 
use of the same for the purposes of said railroad; and all compensation 
the lands entered upon and taken for the use of said corpo- ^o^"''''^'^- 
ration, which are not donated to said company, shall bo 
paid for by said corporation at such price as may be mutu- 
ally agreed upon by the said corporation and the owner or 
owners of such land ; and in case of disagreement, the 
price shall be estimated, fixed and recovered in the manner 
provided for taking lands for the construction of public 
roads, canals and other public works, as provided by the 
general laws now in force, or which may hereafter be in 
force, providing for the condemnation of lands for purposes 
of internal improvement. 

§ 4. If any person shall willfully, maliciously or wan- injury to road, 
tonly, and contrary to law, obstruct the passage of any car P®"8i*y f*""- 
on said railroad, or any part thereof, or anything belonging 
thereto, or shall damage, break or destroy any part of said 
railroad, or implements or buildings, he, she or they, or any 
person assisting, shall forfeit and pay to said company, for 
every such offense, treble the amount of damages that shall 
be proved before any competent court shall have been sus- 
tained, and been sued for in the name and in behalf of said 
company; and such offender or offenders shall be deemed 
guilty of a misdemeanor, and shall be liable to an indict- 
ment, in the same manner as other indictments are found, 
in any county or counties where such offense shall have 
been committed ; and, upon conviction, every such offender 
shall be liable to a fine not exceeding five thousand dollars, 
for the use of the county where such indictments may be 
found. 

§ 5. The time of holding the annual meetings of said Acuuai meeting 
company, for the election of directors, shall be fixed and 
determined b}" the by-laws of said company; and at all 
meetings, each stockholder shall be entitled to vote, in 
person or by lawful proxy, one vote for each share of stock 
he, she or they may hold, j5ona Jide, in said company. 
Yol. Ill— 15 



114; EAILROAD OOMPANIJES — INCOEPORATED. 

To open books § 6. The pei'sons named in the first section of this act 
orsu'jEcription. ^^^ hereby appointed commissioners, who, or a majority 
of whom, are hereb}'' authorized to open subscription books 
for said stock, at such places as they may deem proper, and 
shall keep said books opened until at least the sum of fifty 
thousand dollars of said capital stock shall be taken. Said 
commissioners shall require each subscriber to pay two 
dollars on each share subscribed at the time of subscribing. 
Meeting of When such amount shall have been subscribed, the said 
commissioners shall call a meeting of the stockholders, by 
giving thirty dajs' notice in some newspaper in said town 
of Ottawa, in LaSalle county ; and at such meeting, it shall 
be lawful to elect the directors of said company; and when 
the directors of said company are chosen, the said commis- 
sioners shall deliver said subscription books, with all sums 
of money received by them as commissioners, to said di- 
rectors. jSTo person shall be a director in said company, 
except he be a stockholder. 
Kightofway. | 7. That the right of way, and the real cstatc purchascd 
,for the right of way by said company, whether by mutual 
agreement or otherwise, or which shall become the pro- 
perty of the company by operation of law. as in this act 
provided, shall, upon the payment of the amount of money 
belonging to the owner or owners of said lands, as a com- 
pensation for the same, become the property of said com- 
pany, in fee simple. 
Propelling § y. The Said corporation may take and transport, upon 
power. gj^^^ railroad, any person or persons, merchandise or other 

property, by the force and power of steam or animals, or 
any combination of them, and may fix, establish, take and 
receive such rates of toll, for all passengers and property 
transported upon the same, as the said directors shall, from 
Ruiesfor gov- time to time, establish; and the directors are hereby em- 
ernment. powcrcd and authorized to make all necessary rules, by- 

laws, regulations and ordinances that they may deem neges- 
sary and expedient to accomplish the designs and purposes 
and to carry into eflect the provisions of this act, and for the 
transfer and assignment of its stock, which is hereby de- 
clared personal property, and transferable in such manner 
as shall be provided by the by-laws and ordinances of said 
company. 
Increase capi- § 9. The directors of said company, after the same is 
tai stock. organized, shall have power to open books in the manner 

prescribed in the sixth section of this act, to fill up the bal- 
ance of the capital stock, or any part thereof, and the amount 
the aforesaid company is authorized to increase the capital 
stock to, by the second section of this act, at such time as 
they may deem it for the interest of said company ; and 
all the installments required to be paid in the stock origi- 
nally to be taken, and what may be taken to increase said 
capital, shall be paid at such times and in such sums as 
gaid directors may prescribe. 



EAILROAD COMPANIES — INOORPOEATED. Jlo 

§ 10. In case of tho death, resignation or removal of wneu vacan- 
the president, vice-president, or any director, at any lime ^ucct."^^"'' ''"^^ 
between the annual elections, such vacancy may be tilled 
lor the remainder of the year, whenever they may hapiDen, 
by tho board of directors. And in case of the absence of Absenceofthc 
the president and vice-president, the board of directors i"""^''^'^"'- 
shall have power to appoint a president, ^^/'o Umpore^ who 
shall have and exercise such powers and functions as the 
by-laws of said corporation may provide, in case it should 
at any time happen that an election shall not be made on 
any day on which, in pursuance of this act, it ought to have 
been made, the said corporation shall not for that reason 
bo deemed dissolved, but such election siiall bo held at any 
other time directed by the by-laws of said corporation. 

§ 11. Whenever it shall bo necessary, for the construe- lutersections. 
tion of 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 in 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, company shall re- 
store the said road, stream of water, water-course, road or 
highway, thus intersected or crossed, to its former state, or 
in a sufficient manner not materially to impair its useful- 
ness. 

§ 12. Said company shall have the power to unite its May uuite with 
railroad with any other railroad now constructed, or which '^"^''"■'^'^*^^ 
may hereafter he constructed, in this state, upon such terms 
as may be mutually agreed between the companies so con- 
necting; and, for that purpose, full power is hereby given 
to said company to malce and execute such contracts with 
any other company as will secure the objects of such con- 
nections; and tho said corporation shall have power, by 
and with the consent of the owners of three fourths of the 
capital stock of said company, to consolidate its stC'ck with 
any other railroad company. 

I 13. Said company is hereby authorized, from time to ^lay borrow 
time, to borrow such sum or sum.s of money as may be ™°'^^^'- 
necessary for completing and furnishing or operating tlieir 
said railroad, and to issue and dispose of their bonds, in 
denominations of not less than live hundred dollars, for 
any amount so borrowed, and to mortgage their corporate 
property or franchises to secure the payment of anv debt. Security for 

i: ^ 1 1 .1 -1 t- ^ "^ ,^ " . 1 bonds issued. 

contracted by the said company tor the purposes aforesaid ; 
and the said directors of said company may confer on any 
bondholder of any bond issued for money borrowed, the 
right to convert the principal 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. 

§ 14-. The width of said railroad to be determined by width of roai 
the said corporation, within the limits prescribed by the 



lie RAILROAD COMPANIES — INCORPORATED. 

first section of this act: Provided^ the same shall not exceed 
one hundred feet; and they are hereby authorized to com- 
mence work on any point of said railroad that may be con- 
sidered most expedient. 
Duration of §15. This act shall be in force [for] the period of eighty 
corporation. years; and said company shall commence said work within 
four years, and complete the same within twelve years, 
from the passage of this act. 
constiuction § ^^- "^^^^ ^^^ shall bc deemed and taken as a public 
of act. act, and shall be construed beneficially for all purposes 

herein set forth. 
connec' with § 17. Said compauy shall have power to connect, on 
otber roads. -^^j. ^^^^^^ ^j|.^ ^^^ Other railroad which its line may ap- 
proach, having similar termini, and any railroad which the 
said line may cross. 
Articles offered § 18. Said Corporation shall transport fire-wood and 
jPon/^'^^^^P"'*'*' fuel, of every description, over its railroad, whenever the 
same shall be offered for transportation, at rates as low as 
the rates said compny shall charge for the transportation 
ot other freights of a similar class. 

§ 19. This act shall take effect from and after its pas- 
sage. 

Approved March 13, 1869. 



In force March AX ACT to incorporate the Metropolis and Nortliwestern Railroad Company. 
9, 1869. 

Section 1. Beit enacted hj the People of the State of 
Illinois^ represented in the General Assembly^ That Green 

Corporators. B. Kaum, W. E. Erowu, Johu C. Willis, Ambrose E. Burn- 
side, and Chae. B. Guthrie, are hereby made commission- 
ers, and are authorized, at any time and place within twelve 
months from the passage of this act, to open books of sub- 
scription for the capital stock and superintend the organiza- 

Namoaud style, tioii of a Corporation, to be known as "The Metropolis and 
Northwestern Railroad Company ;" and three or more of 
said commissioners shall have power to act ; and said cor- 
poration, when organized, shall have perpetual succession ; 

Corporate pow.. ^ud, by that name, may sue and be sued, plead and be im- 

"^ pleaded, defend and be defended against, in any court in 

this state or an}^ other place, and may have and use a com- 
mon seal, and alter the same at pleasure ; may contract and 
be contracted with ; and may receive, purchase, hold, sell, 
convey, mortgage, lease and deliver real and personal 
property, for the purpose hereinafter mentioned ; and shall 
liave all the powers, privileges, rights and immunities which 
. are or may be necessary and proper to carry into effect the 
objects and purposes of this act. 



EAILROAD COMPANIES — INCORPORATED. 117 

§ 2. The Metropolis and JSTorth western Railroad Com- Locate and con- 
pany sliall have power and authority to locate, and, from ^''"^^'^'^ '■°''^^- 
time to time, to alter, change, re-locate, construct, re-con- 
struct, and to fully finish, equip and jnaintain a railroad, 
with one or more tracks, from the city of Metropolis, Mas- 
sac county, to any point on the line of the Cairo and Vin- ''^''"'^ °^ ™''^- 
cennes Railroad, not further oast than the town of Harris- 
burg, in Saline county. And said railroad company shall, 
at any time, have full power and authority to extend their 
said road in the direction of St. Louis, Missouri, so as to 
reach said city by their own road or by some other railroad 
line. 

S 3. The said company, and, under their direction, Surveyasid o- 
their agents, servants and workmen, are hereby authorized 
and empowered 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 ascertain and 
set out such part or j^arts as they shall think necessary and 
proper for making said railroad, and, for this purpose, said 
company is authorized to lay out its said road, not exceed- 
ing one hundred and fifty feet wide, throughout the entire Ricrhts and 
length of said road, and also to make, build, erect, or set privittges. 
up, in and upon the route of said railroad or upon the land 
adjoining or near the same, all such works, ways, roads and 
conveniences, as may be requisite and convenient for the 
purposes of said railroad, and, also, from time to time, to 
alter, repair, re-construct, widen or enlarge the same, or 
any of the conveniences above mentioned, as well for the Materials. 
carrying and conveying goods, commodities, timber and 
other things, to and upon the said railroad, as for convey- 
ing all kinds of materials necessary for the making, erect- 
ing, furnishing, altering, repairing, amending, reconstruct- 
ing or enlarging the works of or connected with the said 
railroad, and contract and agree with the owner or owners 
thereof for earth, timber, stone, sand, gravel or other mate- 
rials, or any article whatever, which may be v/anted in the 
construction or repairing of said railroad or any of its 
appurtenances, said company doing as little damage as pos- Damascs. 
sible in the execution of the powers hereby granted and 
making satisfaction, in the manner hereinafter mentioned, 
for all damages, if any there bo sustained, by the owner or 
owners of said land. 

§ 4. The said company shall carry on said railroad all Articles for 
qualities of wood and fuel, at any time demanded, at the *raa.i;ortation. 
same rate and upon the same terms as freight of a similar 
class. 

§ 5. And he it further enacted, that said company may Private prop- 

i. i. J •,! ,1 n ^ i"^ 1 ■' erty may be ta- 

contract and agree with the owner or owners of any land or ken. 
lands which said company may Avish to use or occupy for 
the purpose of said railroad, or the purpose of procuring 



118 RAILROAD COMPANIES — INCORPOKATED. 

eaid gravel, stone, earth, timber or other materials, to be 
used in the construction of said railroad or for the repair of 
the same ; and in case said company cannot agree with the 
owner or owners of all or any part of such lands, as afore- 
said, so as to procure the same by the voluntary deed or act 
\yhen owner of sucb owner or owners, or if the owner or owners there- 

amiuor, etr. ^.^.^ ^^, ^^^^^ ^^, either of them, be a femme covert, an infant, 

jwn comjjos mentis, unknown, or out of the state or county 

in which the lands, or any of them, or property wanted is 

Condemnation situatcd, the Same may be taken, condemned and paid for, 

. f land. jf Q^y damages are awarded, in accordance with the provis- 

ions of the general laws now in force or which may here- 
after be in tbrce on the subject of the condemnation of the 
right of way for railroad companies ; and the court or courts 
petitioned for the condemnation of any such land shall pro- 
ceed under and be governed by the act or acts aforesaid. 

Board of direc- § 6. J^e it further enacted, that the hoQid of divectoYB of 

*"""' said company shall consist of not more than thirteen mem- 

bers, the number to be regulated by the stockholders, upon 
the organization of said company, at the annual meeting for 
the election of directors. The directors shall bold their 
ofhce for one year and until their successors are elected and 

vacRnciess, how qualified. And any vacancy occurring in the board may 
be tilled, by the concurjence of two-thirds of the remaining 

Officers. directors. One of said directors shall be chosen president 

of said company, and the board of directors shall also elect 
a secretary and treasurer, and such other officers as shall 
be necessary for the transaction of the business of said com- 
pany, who shall hold their offices as the rules and by-laws 
of said company shall determine. The towns and cities 
through or near which eaid railroad shall pass may sub- 
scribe for and take stock in said company to the amount of 
one hundred thousand dollars each; and any county in this 
state may take stock in said company to the amount of twu 
iuindred tliousaud dollars : Frovided, that v/henever the 
coiporate authority of any such town or city or the county 
court of any such county shall see proper so to do, an 
election shall be held in such town, city or county, after 
thirty days' notice, to determine the question as to whether 
such town, city or county shall take stock in the said rail- 
Kequestforan xoxd compauy, and the order calling such election shall set 
forth the amount of stock to be taken, the length of time the 
bonds to pay such stock are to run, and the rate of interest 
Submitted to said bouds are to bear. Any such election shall be held 

legal voters. ^^^^ returns made thereof as now required by law ; and the 
qualified electors of any such town, city or county may vote 
at any such election. Those favoring the taking of said 
stock shall have written or printed on their ballots "For the 
railroad," and those opposed to taking said stock shall have 
written or printed on their ballots "Against the railroad." 
If a majority of the votes cast at any such election are for 



EAILROAD COMPANIES — mOORPOEATED. 119 

the r.iilroad then such town, city or county shall be author- is?uc bonds. 
ized, and the authorities thereof shall make and issue l)ond8 
in payment thereof, as contemplated in the order calling 
such election : Provided^ tliat within one year after any 
such atiirraative vote, the said company shall notify the 
authority callins; such election whether or not said company 
will accept the bonds proposed ; and it is hereby expressly 
provided, that no bonds of any such town, city or county 
shall be delivered to said company until said company shall 
have at least constructed one-half of each portion of said 
railroad as shall lie in the county issuing the bonds or in 
the county where said town or city is situated, and cars 
shall have run thereon ; and whenever any such bonds Levy tax to 
shall be issued, a sufficient tax, not exceeding one dollar ^^^ I'^tereet. 
and fifty cents on the one hundred dollars of taxable prop- 
erty, shall be levied and collected to pay the interest and 
principal thereof ; and any such town, city or county shall 
have the privilege and power of paying the principal of any 
such bonds at any semi-annual payment of interest. 

§ 7. Each share of stock on which there shall be noun- vote of stock- 
paid calls shall entitle the owner thereof to one vote, either 
in person or by legal proxy : Provided, that he or she shall 
have been the bona fide owner thereof for thirty days previ- 
ous to the day of meeting at which such vote shall be 
offered, and, for that purpose, the ownership of said stock 
shall be determined by the books of the company. 

§ 8. The said company shall have power to purchase Maypnrehase 
lands with the stock of said company, or otherwise, and to 
borrow money to build, construct and equip said railroad ; 
and, to secure the payment of said money, may mortgage 
the lands, road or other property of said company : may 
give bond on the income of any portion thereof, and may, saieof bond*. 
by their officers or agents duly authorized, sell, dispose of, 
negotiate or hypothecate such bonds, stocks or mortgages 
belonging to said company, at such times and places and at 
such rates and for such prices as in their opinion will best 
advance the interest of said company ; and if such bonds, 
mortgages or stocks are sold at a discount such sale shall 
be as valid and binding, in every respect, as if sold at par 
value ; and said company may authorize the holders of any 
bonds or mortgages, issued as aforesaid, to convert the same 
into stock of the company: Provided^ that the capital 
stock shall not exceed the sum of live million dollars. 

§ 9. Said company shall have power to connect its rail- Towns ami 
road with any continuous line of railroad now constructed etock.'^''^ ^^* 
in this state or any other state, on such terms as may be 
agreed upon between said companies, and shall have power 
to open subscription books in this or any other state, at 
such times and places as shall be determined by the presi- 
dent and directors, and shall have power to issue stock in 
payment for labor, materials, rolling stock, or other ma- 



ii.in. 



li^O EAILEOAD COMPANIES — INCOEPOKATED. 

chinery, in constructing, equippiiicij or operating said rail- 
road, and shall have power to issue bonds and sell the same 
for money, labor, materials or rolling stock, to be used in 
building or operating said railroad. 
Donations. § 10. A7Ld he it further enaoted^ that the towns, cities 

and counties through, into or near which said railroad shall 
run, are hereby authorized and fully empowered to donate 
to said company, as a bonus or inducement for the con- 
struction of said railroad, any sum of money, not exceeding 
one hundred thousand dollars for any such town, city or 
county, or two hundred thousand dollars for any such 
Towns and couuty ; and such town, city or county may issue bonds, in 
bonds. ' payment of such donation, of live hundred dollars each, 
l3earing interest at the rate of eight per cent, per annum, or 
less, payable half yearly in the city of ^ew York, on the 
first days of January and July, in each year, and said bonds 
Levy tax to to run not longer than twenty-five years ; and a tax of not 
pay interest. ^ore than One dollar and filly cents on each one hundred 
dollars of taxable property may be levied, and shall be col- 
lected in any such town, city or county, per annum, to pay 
the interest and principal of the bonds issued in payment 
of such donation ; and whenever any of the authorities of 
Notice of e!ec- auy sucli towu, city or counties shall see proper so to do, 
an election shall be held in such town, city or county, after 
thirty days' notice, to determine the question as to whether 
such town, city or county shall make a donation to said 
railroad company, and the order calling such election shall 
set forth the amount to be donated, the length of time the 
bonds to pay such donation are to run, and the rate of inter- 
est such bonds are to bear. Any such election shall be 
held and returns made thereof as now required by law ; 
Submitted to ^'^^ ^^ qualified electors of any such town, city or county 
legal voters. may vote at any such election; those favoring such dona- 
tion shall have written or printed on their ballots 'Tor do- 
nation," and those opposed to such donation shall have on 
their ballots "Against donation." If a majority of the votes 
When majority cast at any sucli election are "For donation," then such 
seriptiwi" ^ " towu, city or county shall issue bonds to the amount of such 
donation, or cash, if in the treasury, in payment thereof, as 
contemplated in the order calling such election : Provided^ 
that within one year after any such afiirmative vote, said 
company shall notify the authority calling such election 
whether or not the feaid company accepts the proposed do- 
nation ; and it is hereby expressly provided, that no bonds 
of any such town, city or county, in payment of any such 
donation, shall be delivered to said conip)any until said com- 
pany shall have constructed at leastone-half of such portion 
of said railroad as shall lie in the county issuing the bonds 
or in the county where said town or city is situated and 
Tax to pay in- cars shall have run thereon ; and whenever any such bonds 
^"'®*'- shall be issued, a sufiicient tax, pot exceeding the sum here- 



RAILROAD COMPANIES — INCORPORATED. 121 

tofore named, shall be levied and collected to pay the inter- 
est and piincipal thereof, and any such town, city or county 
shall have the Ojition of paying the principal on any such 
bonds at any semi-annual payment of interest. 

§11. And be it farther enacted, that the capital stock increase of 

x* • 1 1 11 1 -n- J 11 A *.!, capital stock. 

01 said company shall be one million dollars, and the same 
niay be increased, by a vote of a majority of the stockhold- 
ers, to the amount of five millions of dollars, at any regular 
or called meeting of the stockholders. 

§ 12. Be it further enacted^ that said company shall Transportation 
have power and authority to fix, from time to time, the rate 
for the transportation of passengers and freight over said 
railroad ; and said company shall have power to consolidate po^g,.4o 
their said comj^any with any other continuous lines of rail- soiidate road. 
road with which they may connect, upon such terms as may 
be agreed upon, making auch consolidation. The said com- 
panies shall haxe power to iix upon a corporate name to be 
used by such consolidated company. 

§ 13. This act shall be deemed a public act, and be in 
force from and alter its passage. 

Approved March 9, 1869. 



AN ACT to incorporate the Michigan Air Line Railroad Company. In force March 

31, 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General AssernUy^ That M. A. corporators. 
McNaughton, J. B. Eaton, William Young, Nathan F. 
Merrill, and Joseph E. Young, and their associates, suc- 
cessors and assigns, are hereby created a body politic and 
corporate, by the name and style of "The Michigan Air Name aud style. 
Line Railroad Company," with perpetual succession ; and, corporatepow- 
by that name, be and are hereby made capable, in law and ^'^' 
equity, to sue and be sued, plead and be impleaded, defend 
and be defended, in any court of law or equity in this state 
or any other place ; to make and use a common seal, and 
the same to alter and renew at pleasure ; and shall be and 
are hereby vested with all powers, privileges and immuni- 
ties which are or may be necessary to carry into effect the 
purpose aud objects of this act, as hereinafter set forth. 
And said company are hereby authorized and empowered Location and 
to locate, construct and complete a railroad, with a single road/"*^ ^"^ 
or double track, from a point on the line dividing the states 
of Illinois and Indiana, north of the south boundary line of 
Cook county, and thence, upon the most eligible route, to 
and into the city of Chicago, in said county of Cook ; and. Route of road. 
for this purpose, the said company are authorized to lay out 
and locate their said road, not exceeding one hundred feet 
Vol. Ill— 16 



122 KAILKOAD COMPANIES INOOKPORATED. 

in width, throng;h the whole lenp^th of said route ; and for 
the purpose of cuttings, embankments, stone and gravel, 
may take and appropriate as much more land as may be 
necessary fur the construction and security of said road. 

Amount capita. g 2. The Capital stock of said company shall consist of 

one million of dollars, which may be increased to any 

amount not exceeding three millions of dollars, to be divi- 

Powersof the dcdiuto sharesof One hundred dollars each. All the corporate 

directors. powcrs of Said Company shall be vested in and exercised by 

a board of not less than five nor more than thirteen direct- 
ors, who shall be chosen by the stockholders of said com- 
pany, in the manner hereinafter provided, who shall hold 
their offices for one year or until their successors shall be 
Quorum to do elected and qualified; and said directors, a majority of 
whom shall form a quorum for the transaction of business, 
shall elect one of their number to be president of the com- 
pany ; and said board of directors shall have power to ap 
point all necessary clerks, secretary, treasurer and all other 
oflieers deemed necessary in the transaction of the business 
of said coaipany. 
ExamiTiat'ons § 3, The Said Corporation is hereby authorized, by their 

an surveys. agents, surveyors and engineers, to cause such examinations 
and surveys to be made of the ground and country as shall 
be necessary to determine the most desirable route whereon 
to construct their said railroad ; and it shall be lawful for 

May take lands, g^id company to enter upon and take possession of and use 
all such lands and real estate as will or may be necessary 
for the construction and maintenance of said railroad, its 
depots, side tracks, water stations, engine houses, machine 
shops and other buildings and appendages necessary to the 
construction of said railroad : Provided, ihoi all lands or 
real estate entered upon or taken possession of by said cor- 
poration, for the purpose and accomodation of said railroad 
or upon which the site for said railroad shall have been lo- 
fay damages cated or determined by said corporation, shall be paid for 

for land take . j^^ g^-j Company in damages, if any be sustained by the 
owner or owners thereof by the use of the same for the 
purposes of said railroad; and all lands entered upon and 
taken for use of said corporation, which are not donated to 
said company, shall be paid for by said corporation, at such 
prices as may mutually agreed upon by the said corporation 
and the owner or owners of such lands ; and in case of 
disagreement, the price shall be estimated, fixed and re- 
covered in the manner provided by the general laws now 
in f jrce or which may horealter be in force providing for 
tiie condemnation of land for purposes of internal improve- 
ment. 
Annual meet- § 4. The time of holding the annual meeting of said 
ngo '**^ "''^''- (]jj.ycf,Qj.g g[jall be fixed and determined by the by-laws of 
said company, and at all meetings each stockholder shall be 
entitled to vote, in person or by lawful proxy, one vote for 



RAIIEOAD COMPANIES — INCOEPORATED. 123 

each share of stock he, she or they may hold, hona fide, in 
said company, upon which all installments called have been 
paid. 

§ 5. The persons named in the first section of this act , subscription 

" , , * , , . . , • -i. x- bonks opened to 

are hereby ai)pointea commissioners, who, or a majority oi capital stuck. 
them, are hereby authorized to open or cause to be 
opened subscription books for the stock of said company, at 
such time and place as they may think proper, and also to 
appoint one or more agents to open such books and receive 
such subscriptions. The said commissioners or their agents 
shall require each subscriber to pay five dollars or execute 
a note therefor, as they shall determine, on each share sub- 
scribed, at the time of subscribing; and whenever fiffj st^khoWers. °^ 
thousand dollars shall be subscribed, the said commission- 
ers shall call a meeting, or a majority of them shall, of the 
stockholders, by giving ten days' notice in some newspaper 
printed in the city of Chicago or by personal notice, served 
upon each of the stockholders, of the time and place of 
holding such meeting, at least five days previous to the 
time of such meeting. And at such meeting it shall be Election of 
lawful for the stockholders to elect the directors of said com- toTs! 
pany and transact any other necessary business; and when 
the directors are chosen, the said commissioners shall de- 
liver said subscription books, with all sums of money and 
notes received by them or by any agent appointed by them 
as commissioners, to said directors. ISo person shall be a 
director unless he shall be a Lona fide stockholder in said 
company. 

§ 6. The directors of said company, after the same is Power? of the 
organized, are hereby authorized and empowered to take 
and receive subscriptions to their said capital stock, on such 
terms and in such amounts as they may deem for the inter- 
est of said company, and, as they may prescribe by their 
by-laws or regulations, from any other railroad company or 
corporation, and from any county, city or town, making the 
same, and may acquire, by donation, stock, subscription or 
purchase and dispose and convey, as they may deem expe- 
dient, real estate and coal and mineral lands, not exceeding 
one thousand acres ; but uo subscription shall be made to 
the capital stock of said company by any county, city ^iibmitte^d to 
or town until the question of making such subscription shall ° 
have been submitted to a vote of the legal voters of such 
county, city or town, at a regular election or at a special 
election to be called for that purpose ; and in all cases at 
least thirty days' notice of such election shall be given in 
the manner now prescribed bylaw; and in case at such 
election a majority of all the votes cast shall be for such 
subscription it shall be lawful for such county, city or town 
to subscribe to the capital stock of such company (o the 
amount mentioned in the notice of such election, and not 
otherwise. 



12i KAILROAD COMPANIES — IHCOKPOKATBD. 

Right of way. § 7. That the right of way and the real estate purchased 
for the of way or other purpose by said company, whether 
by mutual agreement or otherwise, or which shall become 
the property of said company by operauoa of law, as in this 
act provided, shall, upon payment of the amount of money, 
belonging to the owner or owners of said lands, as a compen- 
sation for the same, become the property of said company 
in fee simple. 
Propeuing | 8. The said corporation may take and transport on 

^°^'^'^' said railroad any person or persons, merchandise or other 

property, by the force and power cf steam or animals or 
any combination of them, and may fix, establish, take and 

Rates of tou. receive such rates of toll for all passengers and property 
transported upon the same as the directors shall from time 
to time establish ; and the directors are hereby authorized 
and empowered to make all necessary rules, by-laws, regu- 
lations and ordinances that they may deem necessary and 
expedient to accomplish the designs 'and purposes and to 
carry into effect the provisions of this act and for the trans- 
fer and assignment of its stock, which is hereby declared 
personal property and transferable in such manner as shall 
be provided by the by-laws and ordinances of said company. 

Vacancy, how § 9. In casc of death, resignation or removal of the 

*^'®^' president, vice-president or any director, at any time be- 

fore the annual election, such vacancy shall be tilled for 
the remaini^ier of the year, whenever they may happen, by 
the board of directors; and in case of ab>enct:! of the presi- 
dent and vice-president, the board of directors shall have 
power to appoint a president, ^r<? tera'pare^ who shall have 
and exercise such powers and functions as the by-laws of 
Absence of the Said Corporation may provide. In case it should at any 

president. time happen that an election shall not be made on any day 
on which in pursuance of this act it ought to be made, the 
said corporation shall not for that cau^e be deemed dis- 
solved, but such election shall be held at any other time 
directed by the by-laws of said corporation. 
Right to inter- § l^- Whenever it shall be necessary for the construc- 

sect°raiiroad. tj^n of Said railroad to intersect or cross a track of any 
other railroad or stream of water or water course or road 
or highway on the route of said railroad, it shall be lawful 
for the company to construct their railioad across or upon 
the same : Provided^ the said railroad shall restore the 
railroad, stream of water, water course, road or highway, 
tlius intersected or crossed, to its former state, or in a sulii- 
cieut manner not materially to impair its usefulness. 
Cons iiidation § H- Said Company shall have ])Ower, by and witli the 

of roads. consent of the owners of three-fiairths of the capital stock 

of said company, and it is hereby made lawlul for said 
company to unite or consolidate its railroad stock and pro- 
])erty with that of aiiother continuous line of railroad or 
within this or any other state, whose line or lines of road 



/ 

RAILROAD COMPANIES — INCORPORATED. 125 

may cross or intersect the railroad hereby authorized or to be 
built along or near the line thereof, upon such terms as may 
be mutually agreed upon between the said company or any 
other company, and for that purpose, full power is hereby 
given to said company to make and execute such contracts Execution of 
with any other company or companies as will secure the contracts, 
objects of such connections or consolidations. Said rail- 
road company are hereby required to carry firewood on 
their said railroad to the city of Chicago at a rate not ex- 
ceeding two cents per mile per ton. 

§ 12. That the said railroad company by this act incor- May borrow 
porated shall have power to borrow money on the credit ^°^''^- 
of the company, not exceeding its authorized capital stoci<, 
at a rate of interest not exceeding ten per cent, per annum, 
payable semi-annually, and may execute bonds therefor, 
with interest coupons thereto annexed, and secure payment Payment secur 
of the same by mortgage on the whole or any part thereof «d by mortgage 
of said railroad property and income of the company then 
existing or thereafter to be acquired, and may annex to 
said morigage bonds the privilege of converting the same 
into the capital stock of the company, at par, at the option 
of the holders, if such election be signified, in writing, to 
the company three years before the maturity of such bonds. 

§ 13. That the directors of said company be and they saie of bonds. 
are hereby authorized to negotiate and sell the bonds of 
the said company at such times and in such placet^, eitlier 
within or without this state, and at such rates and for such 
prices as in their opinion will best advance the interests of 
the company; and it such bonds are negotiated or sold 
at a discount below their par value such sale shall be as 
valid and binding on the company, in every respect, as if 
they wefe sold or disposed of at tlieir par value. 

§ 14. That the said company, in securing the payment security for 
of said bonds by a mortgage on the road ^ property -md p*^''"^"'^ ^°°^^- 
income of the company, shall have power to execute a 
mortgage, aforesaid, to secure the payment of the full 
amount of bonds which the company may at the time the 
Said mortgage bears date, or at any time hereafter, desire 
to sell and dispose of, and may execute and sell, from time 
to time, such amounts of said bonds and of such dates and 
payable to such persons as the directors of said company 
may deem advisable, till the whole amount of bonds men- 
ioiied in such mortgage is executed and sold ; and the 
said mortgage shall be as valid and eflectual to secure the Morigage valid, 
payment of the bonds so executed and sold and every part 
thereof, as if the same and every part thereof had beeii 
executed with even date with the said mortgage. 

§ J 5. This act shall be deemed a public act, and is 
hereby so declared, and shall be favorably construed, for 
all purposes herein expressed and declared, in all courts 



126 KAILEOAD COMPANIES INCOKPORATED. 

or places whatever, and shall be in force from and after its 
passage. 

Approved March 31, 1869. 



In force March AN ACT to incorporate the Muscatine and Illinois River Ra'lraad Coar- 
A 1869. pJ^^y_ 



Corporators. 



Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assemhkj, That Henry 
R Sander&on, Loreutus E. Cougar, W. Selden Gale, A. C. 
Babcock, S. ^. Basset, Owen Bellerton, Clark E, Cai-r, 
John W. Ptoss, Ephriam Gilmore, David H. Frisbie 
Timothy M. Morse, I. C. Elwell, and Richard A. Whiting-l 
and their associates, successors and assigns, be and they 
are hereby created and constituted a body politic and cor- 

Name and style, porate, by the Dame of '-The Muscatine and Illinois Eiver 
Eailn.ad Company," with perpetual succession; and, by 

^Corporate pow- that name, be and are hereby made capable, in law and 
equity, of suing and being sued, pleading and being im- 
pleaded, defending and being defended, in any court of 
law or equity in this state or elsewhere ; and may make,, 
have and use a common seal, and alter the same at plea- 
sure; and shall be and are hereby invested with all the 
powers, privileges and immunities incident to corporations, 
for the purpose hereinafter mentioned. 

§ 2. The said company are hereby authorized and em- 
powered to locate and, from time to time, to alter, change, ' 
relocate, construct, reconstruct and fully finish, yerftct, 
equip and maintain a railroad, with one" or more tracks, 
from the Mississippi river, at or near the city of Muscatine, 
in the state of Iowa, through the counties of Eock Island, 
Mercer, Warren, Knox and Fulton, to the Illinois river, by 
such route as the directors of said company may deem most 
feasible and eligible, and also to extend and continue said 
railroad beyond the Illinois river, to intersect and connect 
with any railroad leading to either of the cities of St. 
Li.uis, Springheld or Bloomington, and, for this purpose, 
said company is authorized to lay out and construct said 
road, in width not exceeding one hundred feet, throughout 
its whole length ; and, for the purpose of cuttings, em- 
bankinents, and obtaining stone and gravel, ^nd tor con- 
structing and erecting shops, depots and otiier suitable, 
proper and convenient fixtures, in connection with and 
appurtenant to said railroad, and all necessary and pro- 
per uses, may take as much more land as may be needed 
for the construction, operation and security of said road. 



Construction 
of ailroad. 



Route of road. 



Matarials, etc. 



HAILKOAD COMPANIES — INCORPOKATED. 127 

§ 3. The capital stock of aaid company shall be five Amount capital 
hnndred thousand dollars, which may be, from time to "°'^^* 
tin)e, increased, by a vote of a majoriLy of the directors of 
said Cdmpany, to any sum requisite for the completion and 
fultiilment of the objects and purposes of the corporation 
hereby created. Said capital stock shall be divided into 
shares of one hundred duUars each, which shares shall be 
deemed personal property, and shall be transferable only 
in such manner and upon such terms as shall be prescribed 
by the by laws of said company. 

§ 4. All the corporate powers of said company shall corporate pow- 
be vested in and exercised by a board of directors, so many ^'eoard of di- 
in number as the bylaws of the corporation may provide, rectors. 
Directors siiall hold their office for one year and until their 
successors shall be elected and qualified. Said directors, 
a majority of whom shall form a quorum for the transac- Quorum. 
tion of business, shall elect from among themselves a presi- 
dent and vice president, and shall have power to appoint 
all ofiicers deemed necessary for the transaction of busi- 
ness of said company, to fix the compensation of such offi- , 
cers, and to require such officers to give such security for 
the faithful performance of their duties as such directors Kniesforgov- 
may deem requisite. Said directors shall, also, have power emment. 
to make all such regulations as they may deem necessary 
and expedient to accomplish the designs and purposes and 
to carry into efi"ect the provisions of this act, and for the 
transfer and assignment of the capital stock, and prescrib- 
ing the duties of the officers and servants that may be 
eniiployed by the company. In case any vacancy occurs 
in the board of directors, such vacancy may be tilled by 
the remaining directors. 

§ 5. The first board of directors shall consist of the First board of 
persons named in the first section of this act. It shall be '^^'^^°''*- 
their dutv to cause hooks to be opened for the purpose of open books 

•^ , ... . ,1 •,. ; t I i- ^1 for subscription 

receivmg subscriptions to the capital stock ot the company, 
under the direction of sucu agents as said directors shall 
appoint; and such bo )ks shall be kept open, froin time to 
time, until the amount of the capital stock so authorized 
by thi.s act or fixed by said corporation, shall be subscribed, 
or until said directors shall determine te close the same. 

§ 6. There shall be an annual meeting of the stock- . Annual meet- 
holders of said company for the election of the board of hoWri. "°'^'^' 
directors, the time and place ibr hi»]ding which shall be 
fixed by the by-laws of said company ; and at all meetings 
each stockholder shall be entitled to vote, in person or 
by proxy, one vote for each share he, she or they may hold 
and own, bonajide^ in said corporation. 

S 7. Any incorporated city or tow.T or any county, on T^^^ !^^^ 

■, ,• n ^ •! 1 •! I • ciues may lake 

or near the line of said railroad, may subscribe to the capi siqck. 
tal stock of said company, and, to provide for the payment 
of such subscriptions, may issue bonds, bearing interest at 



128 EAILROAD COMPANIES — INCOKPOKATED. 

Notice of a rate not exceeding ten per cent, per annum : Provided^ 
election. ^.j^^j. jj^jf^^e such Subscription sliall be binding upon sucii 

county, city or town, an election shall be held in contbruiity 
with the laws in regard to ordinary city, town or county 
elections, thirty days' notice having been given, and returns 
Submitted to to be made in the usual way ; at which election a majority 
ega vo eis. ^_^^. ^^ legal votcrs, voting (m that question, shall have 
voted in favor of such subscription, and, to this end, the 
county court, board of supervisors, city council, town trus- 
tees, or other proper authority, may from time to time, 
order elections, specifying the amount proposed to be eub- 
Levy tax to scribed ; and such city, town, or county is hereby author- 
pay interest, j^g^ ^j^^ required to assess and levy a sufficient tax to pay 
the interest accruing on the bonds issued for the purposes 
aforesaid, and also the principal of taid bonds, when due; 
which tax shall be assessed, levied and collected in the 
same manner as other taxes are by law required to be as- 
sessed, levied and collected. 
Organized § 8. Any town Organized under the township organiza- 
st^^.™'^^ ^^''^ fi^" ^^w, on or near the line of said railroad, may subscribe 
to the capital stock of said company; but no such subscrip- 
tion shall be made until the question has been submitted 
to the legal voters of the town in which the subscription 
Submitted to ^"^ pruposcd to bc made; and the clerk of each of said 
legal voters. towns IS hereby required, upon the presentation of a peti- 
tion, signed by at least fifty legal voters, residing in such 
town, in which petition the amount proposed to be sub- 
scribed shall be stated, to post up notices in at least three 
ot the most public places in said town — which notices shall 
Notice of eiec- be postcd uot Icss than thirty days before the day of hoJd- 
*^*'"- ing such elections — notifying the legal voters of such town 

to meet at the usual place of voting in such town, for the 
purpose of voting for or against such subscription ; which 
election shall be held and conducted in the manner pro- 
vided by law for the election of town officers. If it shall 
appear that a maiority of all the voters in any town, voting 

Snpervisor may ^^ , , , i.- i, .. j i? t, • ..• v i 11 i 

subsciib; stock, on that qucstion, have voted tor subscription it shall be 
the duty ot the supervisors of such town to subscribe to the 
capital stock of said company, in the name of the town, 
the amount so voted to be subscribed, and to receive from 
said company the proper certificates therefor ; he shall, 
also, execute and deliver to said company, in payment of 
calls on such subscription not otherwise provided for by 
The people of such town, bonds, in the name oi the town, 
bearing interest not to exceed ten per cent., per annum. 
iSuch bondg shall be attested by the town clerk ; and it 
sliall l)e the duty of the town clerk to make a record of the 
i.^suing of such bonds. 

Duties of clerk. § 9^ jt gi^all be the duty of the town clerk in each 
town in which a vote shall have been given for subscription, 
within ten days thereafter, to transmit to the clerk of the 



RAILKOAD COMPANIES — INCORPORATED. 129 

county in which said town is situated a statement of the 
vote given and the amount voted to be subscribed; he shall, 
also, notify the county clerk of all bonds issued as aforesaid, 
the time such bonds shall have to i-un, and the rate of in- 
terest named in the bonds. It shall be the duty of the Levy tax to 
county clerk, annually thereafter, to compute and assess I'-^y »"terest. 
upon all the taxable property of such town a sufficient sum 
to pay the interest on all bonds issued in accordance with 
this act by such town, which shall be extended on the col- 
lector's books as other taxes are, and shall be collected and 
paid into the county treasury as county taxes are paid. 
The county treasurer shall pay the interest on such bonds 
presented to him for the purpose, out of the proceeds of 
such taxes, indorsing the amount of such payment on the 
bonds or taking proper vouchers therefor; he sliall keep an Books o; en for 
account of all money received from taxes, as afuresaid, and iiispectmo. 
paid out upon such bonds, which account shall, at all times, 
be open to the inspection of all persons wishing to examine 
the same. 

§ 10. At all elections for directors and all stockholders' ^^^tlT^ '^^'^' 
meetings of said company, the stock of each county, city, 
incorporated town or town organized under township organ- 
ization law, shall be represented; the stock of each county, 
by some person appointed by the board of supervisors or 
by the county court in counties having no board of super- 
visors ; the stock of each city or incorporated town, by the 
common council or board of trustees ; the stock of each town 
organized under township organization law, by the super- 
vieors, unless some other person be appointed by the people 
of the town at town meeting; and each person authorized to 
represent any such stock may vote either in person or by 
proxy. 

§ 11. Said company shall have the power to acquire, by Powersaudpri- 
purchase or lease, the chartered rights, pov.'ers and privi- "^^■^=^^- 
leges of any person or persons, corporation or corporations, 
to keep, operate and maintain any ferry or ferries across the 
Mississippi river or across the Illinois river, now operated 
and run or hereafter to be operated and run in connection 
with said railroad, and to build and erect bridges across Eridge.?, etc. 
the said rivers, at such point as shall be deemed eligible by 
said company for that purpose; and upon acquiring such 
rights, by purchase or lease, or upon the building or erec- 
tion of such bridge, said railroad company shall have the 
right to keep and operate such ferry or ferries and to use 
and maintain such bridges in connection with such railroad. 

^ 12. The said corporation is hereby empowered to pur- May possess 

1 • J 1 1 1 1 1 i. .L ^1 i^ real estate. 

cbase, receive and hold such real estate as may be necessarj' 
and convenient in accomplishing the objects tor which this 
incorporation is 2:ranted, and may, by tlieir agents, engi- 
neers or surveyors, enter upon, take possession of, and use 
all such lands and real estate as may be necessary for the 
Vol, 111-^17 



130 RAILKOAD COMPANIES — INCORPORATED. 

construction and maintenance of said railroad and the ap- 
pendages and accommodations requisite and appertaining 
thereto; aud may, also, receive, take and hold all such vol- 
untary grants and donations of land and real estate as shall 
be made to said corporation for the purpose aforesaid; and 
in case said company shall not be able, by purchase or vol- 
untary cession, to acquire the right of way and grounds for 
said railroad, appendages and accommodations, aud grounds 
of earth, stone or gravel, for the purpose of building or 

Rishtof way. repairing the same or any of them and the right of way to 
such grounds of earth, stone or gravel, said company are 
empowered to take, condemn and use or otherwise lawfully 
obtain and use the same, respectively, under any of the laws 
of this state then in force in that behalf and authorizing 
the appropriation of lands for right of way for such pur- 
poses. The right of way and other real estate purchased 
by said company or otherwise obtained, as herein provided, 
shall be held by them, in fee simple. 
May borrow § 13. TliG Said compauy shall have power to borroAv 

^'^^^- money, on the credit of the company, at a rate of interest 

not exceeding ten per cent,, per annum, and may execute 
bonds therefor, with interest coupons thereto annexed, and 
secure the payment of the same by mortgage on the whole 
or any part of said railroad, property, income and franchises 
of the company then existing or thereafter to be acquired; 
Bonds iu pay- si^d may anucx to said mortgage bonds the privilege of 

^rip'tioul ^" ' converting the same into the capital stock of the said com- 
pany, at par, at the option of the holders, upon such con- 
ditions as the company may provide. The directors of said 
company are hereby authorized to negotiate and sell the 
bonds of said compauy, at such times and in such places, 
at such rates and for such prices as, in their opinion, will 
best advance the interest of the company, 
secnred by -§ l^^'- The Said compauy shall have power to execute 

doecis of trust, one or more mortgages or deeds of trust on the road, prop- 
erty, income and franchises of said company, to secure the 
payment of such amount of bonds as the said company may 
desire to sell, either at the time of the execution of such 
mortgage or deed of trust or some future time; and may 
sell, from time to time, such amount of such bonds as the 
directors may deem advisable, till the whole amount of 
bonds mentioned in such mortgage or deed of trust shall bo 
executed and sold. 

Privileges. § 15. Said compauy shall have power to construct its 

railroad across any other railroad or water course, road or 
highway, on the route of said railroad, water course, road 
or highway, and also to construct its road along any street, 
public road or highway, with the consent of the proper au- 
thorities of the city or town in Avhich such street, road or 
public h.ighway may be situated. 



RAILROAD COMPANIES — INCORJPORAtEt). ISl 

§ 16. Said company is hereby authorized, l)y and with May nnite 
the consent of the owners of three-fourths of the capital p^nies^ ''^'^ '^"^'"" 
stock of said company, to unite or consolidate its railroad 
stock and property with that of any other railroad company 
or companies whose line or lines may intersect or connect 
with the line of the said company's road ; and, in the event 
of consolidation, the companies so consolidating may take 
upon themselves any name and any style of designation 
they may think proper; and they shall be vested with all 
the powers, privileges and franchises of eacl}, or both, or all 
of said companies. 

§ 17. Said company shall have power to establish and TranppoUaUon 
receive snch rates of toll or freight, for all passengers or '^'*'^^' 
property transported upon its road, and for the storage of 
merchandise under their charge, as the directors shall, from 
time to time, establish. 

§ 18. Said corporation shall transport fire- wood and fuel, ai-iioJcs offeied 
of every description, over its railroad, whenever the same tion. *^'*'^^p*^''**" 
shall be ofl'ered for transportation, at rates as low as the 
rates said company shall charge for the transportation of 
other freights of a similar class. 

§ 19. This act shall be deemed a public act, and shall be 
favorably construed for all the purposes herein expressed 
and declared, and shall be in force from ajid after its passage. 

ApmovED March 29, 1869. 



AN ACT to incorporate tlio Muscatine, Kcwancc and Eastern Eailroail in force March 

Company, 31, 18G9. 

Section 1. Be it enacted hy the Feoplc of the State of 
Illinois^ represented in the General Assemhhj^ That Ethel corporators. 
Y. Bronson, Oren H. Loomis, Egbert E. Slocum, John L. 
Piatt, John D. Schriver, Elias Lyman, Rufas P. Parrish, 
John Blackburn, Milo Doty, O. T. Graves, James S. Ilad- 
soU, Morrison Francis, Kufus Mentzer, George Gray, Jo- 
sepii Tillson, Alexander Hoagland, Jesse L. Jones, David 
W. Danley, Arnold Thornton, Bernard Yaeger, H. C. 
Piatt, J. II. Sanders, Simeon G. Stein, Jacob Butter, Jolm 
B. Dougherty, Henry Funck, Lymau JI. Washburn and 
John M. Richey, and their associates, successors and as- 
signs, be and they are hereby created and constituted a 
body corporate and politic, by the name of " The Musca- Name aud style. 
tine, Kewanee and Eastern Railroad Company," with 
^perpetual succession ; and, by that name, be and are hereby corporate pow- 
made capable, in law and equity, of suing and being sued, ""' 
pleading and being impleaded, defending and being de- 
fended, in any court of law or equity, in this state or else- 
where ; and may make, have and use a common seal, and 



183 JtAlLEOAD COMPANIES — mcORPOKAtEt). 

alter the same at pleasure ; and shall be and are hereby in- 
vested with all powers, privileges and immunities incident 
to corporations, for the purpose hereinaltej" mentioned. 
Construction § ^' '^^^^ ®^^^ Company are hereby authorized and em- 
of railroad. powcred to locato, and, from time to time, to alter, change, 
re-locate, construct, and fully finish, perfect, equip and 
luaintaiii a railroad with one or more tracks, from a point 
Route. on the east bank of tlie Mississippi river, in the county of 

liock Island, in the state of Illinois, opposite the city of 
Muscatine, in the state of Iowa, to a point on the east line 
of the state of Illinois, in the county of Kankakee, or in 
the county of Iroquois, such as the directors may hereafter 
select, by such route as the directors may deem most feasi- 
ble and eligible, running through Kewanee, in Henry 
county, and crossing the Illinois river at the city of Henry, 
in Marshall county ; and, for this purpose, said company is 
authorized to lay out and construct said road, in width not 
Width. exceeding one luindred feet, throughout its whole length, 

and for the purpose of cuttings, embankments, and obtain- 
ing stone, saud and gravel, and for constructing and erect- 
ing shops, depots and other suitable, proper and convenient 
fixtures in connection with and appurtenant to said rail- 
road, and all necessary and proper uses, may take as much 
more land as may be need for the construction, operation 
and security of said road. 
Amount capital § 3, The Capital stock of said company shall be one 
stock. million dollars, which may hereafter be increased, by a 

vote of a majority of the directors of said company, to 
any sum not exceeding five million dollars. Said capital 
stock shall be divided into shares of one hundred dollars 
each, which shares shall be deemed personal property, and 
shall be transferable only in such manner and upon such 
terms as shall be prescribed by the by-laws of said company. 
Open booiis for S 4-. The porsous named in the first section of this act 
Baoscnptjoi:. ^^.,^ hereby appointed commissioners for receiving subscrip- 
tions to the capital stock of the corporation, who, or a ma- 
jority of whom, are hereby authorized to cause books to be 
opened at such times and places as they may deem proper 
for receiving subscriptions to said capital stock. Notice of 
the time and places when and where the books will be 
opened shall be given by publication for at least thirty 
days previous to opening the same, in such newspaper or 
newspapers as shall be selected for that purpose by said 
commissioners. On opening said books, said commission- 
ers shall attend in person or by agents, and continue 
to receive subscriptions to said capital stock until the sum 
of one linudred thousand dollars thereof shail have been 
Payment of in- Subscribed. Each subscriber shall, at the time of sub- 
etaiTajoat?. serii)Lion, pay to said commissioners the sum of five dol- 
lars on each share of stock subscribed for by him ; and the 
commissioners shall, so soon as the directors of said cor- 



RAILROAD C03IPANIES — INCORPORATED. 133 

poration shall have been elected, deliver to them the whole 
amount so received, and also all subscription books and 
papers belonging to said company. A majority of eaid 
commissioners may fill any vacancies that may occur in 
their number, by death, resignation or otherwise. 

§ 5. All the corporate powers of said company shall be Poweia of tho 
vested in and exercised by a board of nine directors, who 
shall be chosen by the stockholders of said company in the 
manner hereinafter provided and who shall hold their of- 
fices for one year and until their successors shall be elected 
and qualiiied. And said directors, a majority of whom 
shall form a quorum for the transaction of business, shall 
elect by ballot, from among themselves, a president and 
vice-president, and shall have power to appoint a secretary, 
treasurer and all other officers deemed necessary for the 
transaction of the business of eaid company and may 
require such officers to give such security for the faithful 
performance of the duties of their office as the company 
by its by-laws may require. Said directors shall also have Rules for gov- 
power to make all such rules, by-laws and regulations as ''''^™^" • 
they may deem necessary and expedient to accomplish the 
designs and purposes, and to carry into effect the provis- 
ions of this act and for the transfer and assignment of the 
capital stock and prescribing the duties of officers, artificers 
and servants that may be employed, and for the appoint- 
ment of all officers to carry on the business within the ob- 
jects and purposes of said company, not inconsistent with 
the laws of this state, 

§ 6. The first election for directors shall be holden as First election 
soon as may be afcer the said one hundred thousand dol- o^'^'^'^'^^o''^- 
lars of stock shall have been subscribed. The commis- 
sioners shall give notice of the time and place at which a 
meeting of the stockholders will be held for the choice of 
directors, by publication in a newspaper published in any 
one or more of the counties along the route of said rail- 
road, as they may deem proper, at least thirty days before 
the day set for such organization. At the time and place inspectors of 
appointed for that purpose, the commissioners or a majority *=^'*<^^^°°- 
of them, shall attend and act as inspectors of said elec- 
tion. The stockholders who shall be present shall proceed 
to elect, by ballot, nine directors, and the commissioners 
present shall certify the result of such election under their 
hands, which certificate shall be recorded in the books of 
the corporation and shall be sufficient evidence of the elec- 
tion of the directors therein named. All future elections 
shall be held at the times and places, and in the manner 
prescribed by the by-laws and regulations of said corpora- 
tion. Each stockholder shall be entitled to vote, in person stockholders- 
or by proxy, one vote for every share of stock he or she ^^^^- 
may hold, ho7ia fide, upon which all installments, called 
and due have been paid ; and a plurality of votes at any 



134 3jAlLK0Ar> COMPANIES- — INOOEPOllATED, 

election shall determine the choice ; but no stockholder 
shall be allowed to vote at any election after the first for 
any stock which shall have been assigned to him within 
thirty days previous to the day of holding such election. 
Rc-open hooks § 7. The directors shall have power, and are required 

forBuDsciiption ^^ ^e-open the books to fill the capital stock of said com- 
pany, and shall continue to receive subscriptions therefor 
until the whole amount of such capital (not subscribed be- 
fore such commissioners) shall have been taken, and shall 
also receive sXibscriptions to the additional capital stock of 
said company should the same be increased by said direct- 
ors pursuant to the authority herein given, at such time 
May forfeit and places as the directors may deem expedient; and all 

stock. subscriptions to the stock of said company shall be paid at 

such times and in such amounts and on such conditions as 
said directors may prescribe, under the penalty of the for- 
feiture of the stock and all previous payments thereon ; 
and they shall give notice of the payments thus required, 
and of the place where and the time wii-c-ri the same are 
required to be paid, at least thirty days previous to the 
time when said payments shall be required to be made, by 
publication in such newspaper and for such time as said 
directors shall determine. 

Vacancies. § 8. In case of the death or resignation or removal of 

the president, vice-president or any director, at any time 
before the annual election, such vacancies shall be filled, for 
the remainder of the year, wherein it may happen, by the 
board of directors ; and in case of the absence of the presi- 
dent and vice-president, the board of directors shall have 
power to appoint a president, fro tempore^ who shall have 
and exercise such powers and functions as the by-laws of 
Absenceof the Said company may provide. In case it should at any time 

president, happen that an election should not be made on any day on 

which in pursuance of this act it ought to be made, the 
corporation shall not for that cause be deemed dissolved, 
but such election shall bo held at any time directed by the 
by-laws of said corporation. 
Towns aud § 9. Any incorporated city, town or county, on or near 

Block "'"^^ ^"''"^ ^^^ ^^^^ ^^' ^^^^ railroad, may subscribe to the capital stock 
of said company any sum, not exceeding one hundred 
thousand dollars ; aud may issue bonds in denominations 
of not less than one hundred dollars, bearing interest at 
the rate not exceeding ten per centum per annum, payable 
annually, which bonds may run any period not exceeding 
twenty years, to be determined on by the county court, 
board of supervisors, city council, town trustees or other 
proper authority issuing said bonds : Provided^ that before 
said stock shall be subscribed, an election shall be held in 
conformity with the laws in regard to ordinary city, county, 
-. or town elections, the usual notice having been given and 

returns to be made in the usual way, at which election a 



RAILKOAD COMl'ANIES — INOOEPOEATED. 135 

majority of the legal votors voting on that question shall 
have voted in favor of said subscription ; and to this end 
the county court, board of supervisors, city council, town 
trustees, or other proper authority may from time to time 
order elections, specifying the amount proposed to bo sub- Notice or eiec- 
scribecl, and such city, town or county is hereby authorized tiou. 
and required to assess and levy a sutiicient tax to pay the 
interest accruing on such bonds, and the principal of the 
banie when due; which tax shall be assessed, levied and col- 
lected in the same manner as other taxes are by law re- 
quired to be assessed, levied and collected. 

§ 10. Any township under township organization, on or aubmutcd to 
near the line of the said railroad, may also subscribe to the ^^-''•' voters. 
capital stock of said company in any sum not exceeding 
iifcy thousand dollars, but no such subscription shall be 
made until the question has been submitted to the legal 
voters of the town in which the subscription is proposed to 
be made ; and the clerk of each of said towns is hereby re- 
quired, upon the presentation of a petition signed by at 
least ten citizens, who are legal voters, and tax payers of 
the township for which he is clerk — in which petition the 
amount proposed to be subscribed shall be stated — to post 
n]) notices in at least ten of the most public places in said 
town — which notices shall be posted not less than thirty 
days before the day of holding such election — notifying the 
legal voters of said township to meet at the usual places of 
voting in said township, for the purpose of voting for or 
against such subscription ; which election shall be held and 
conducted in the manner provided by law for the election 
of town officers. 

§ 11. If it shall appear that a majority of all the voters Duties of the 
voting on that question have voted "For subscription," it ^'^p^'^^"''^- 
shall be the duty of the supervisors of each of those town- 
ships that shall vote for such subscription to subscribe to 
the capital stock of said railroad company, in the name of 
the townships for which he is supervisor, the amount so 
voted to be subscribed, and to receive from said company 
the proper certificates therefor. He shall also execute and 
deliver to said company, in the name of said township, 
bonds bearing interest not to exceed ten per centum per 
annum, which bonds shall run for a term not exceeding 
twenty years, and the interest on the same shall be made 
payable annually, and which bonds shall be attested by the 
clerk of the townships in whose name the bonds are issued ; 
and it shall be his duty to make a record of the issuing of 
said bonds : Provided, hoioevsr, that subscriptions or do- 
nations made in aid of said railroad shall be only valid and 
binding against such counties, cities, towns and townships 
so subscribing or donating in the following manner, viz : 
Five per cent, of the amount whenever the company is or- 
ganized. Forty -five per cent, when the grading of said Payments in 



136 KAILROAD COMPANIES INOOKPORATED. 

railroad is done through such county, city, town or town- 
ship so subscribing or donating. Twenty -tive per cent, 
whenever the bridging and tieing is done on the same as 
aforesaid, and the balance when the said railroad is finished 
so that a train of cars shall have passed on the same through 
such counties, cities, towns or townships. Nor shall any 
bonds be issued to pay for such stock so subscribed or do- 
nations made, except to pay for the same in installments as 
before provided when the conditions aforesaid have been 
fully complied with. 
Duties of th g 12. It shall be the duty of th« clerk of said townships 
townshipcei -3. .^ .^yi^jc}! ^ voto shall have been given for subscription, with- 
in ten days' thereafter to transmit to the county clerk of 
the county a transcript or statement of the vote given and 
the amount voted to be subscribed and the rate of interest 
named in the bonds. 
Duties of the § 13. It shall.be the duty of the county clerk annually 
county clerk, {ijereaftcr to compute and assess upon all the taxable prop- 
erty returned by the assessor of each of said townships 
which have voted to subscribe, a sufficient sum to pay the 
interest on all bonds issued by the respective townships, 
which tax shall be extended on the collector's books as other 
taxes are, and shall be collected in the same m.anner that 
oiher taxes are collected, and when collected shall be paid 
into the county treasury as county taxes are paid: Provided^ 
that when any county refuses or neglects to subscribe to 
the capital stock of said company, and any city, town or 
township within said county shall subscribe to such stock as 
herein authorized, then all taxes assessed, levied and col- 
lected for county purposes, upon the real and personal prop- 
erty of said corpoi-ation, shall inure to the sole benefit of 
the city, town or township so subscribing, and when said 
taxes shall have been collected, they shall be passed or 
placed by the county treasurer to the credit of such city, 
town or township, in proportion to the amount subscribed 
taxeJ*^^*^''^^°" °^ ^y each, to be applied in payment of the principal and in- 
terest, as the}' may respectively become due, of any and all 
bonded indebtedness created by such city, town or town- 
ship for railroad purposes ; and when all such indebtedness 
shall have been extinguished, then said taxes, so collected, 
shall constitute a perpetual fund, subject to the order and 
control of the city, town or township entitled thereto, by 
virtue of this proviso : Provided^ alioays^ that this shall 
not be construed to prevent the levy and collection of state 
taxes upon the real and personal property of said corpor- 
ation. 
Duties of tiie § li. It shall be the duty of the treasurer of such coun- 
ccinty treasurer ^.^^ .^ which townships have votcd for said railroad sub- 
scriptions, to pay out, upon the presentation to him of the 
bonds issued by any townships as aforesaid, the amount 
due upon each of said bonds as interest, out of any money 



EAILKOAD COMPANIES — INOOEPOKATED. 137 

in his hands for tliat purpose, and indorse the payment 
up )ii said bond-*, or take such voucher as he may prescribe. 
He shall also keep an account with each township of all 
money received and paid by him ou account of said town- 
ship, which account shall at all times be open to inspection 
by all persons wishino^ to examine the same. 

§ 15. At all elections for officers, and on all questions Bupervisor to 
voted on by the stockholders of said company, the super- ^"®'^^°*^' 
visor of the township or townships who may subscribe to 
the stock of said company, shall represent and cast the vote 
wliicli said stock is entitled to, in person or by lawful proxy ; ' 

and in case the supervisor is absent or unable to act, and 
has not appointed a person to act as proxy, then the town- 
ship clerk shall be vested with the same powers as are here- 
in given to the supervisor. 

§ 16. The said corporation is hereby empowered to pur- Mny purcbape 
chase, receive and hold such real estato as may be neces- tate!*"'^ '^^'^^ ''^" 
sary and convenient in accomplishing the objects for which 
this incorporation is granted, and may, by their agents, en- 
gineers or surveyors, enter upon, take possession of and 
use all such lands and real estate as may be necessary for 
the construction and maintenance of said railroad and the 
appendages and accommodations requisite and appertain- 
ing thereto; and nay also receive, take and hold all such jjay receive 
voluntary grants and donations of lands and real estate as eifi-a. etc. 
may be made to said corporation for the purpose aforesaid. 
And in case said company shall not be able by purchase or 
voluntary cession to acquire the right of way and grounds 
for said railroad, appendages and accommodations, a:id 
grounds of stone or gravel for the purpose of building, bal- 
lasting or repairing the same, or any of them, and the right 
of way to such grounds of stone or gravel, said company 
aje empowered to take, condemn and use, or otherwise to 
lawfully obtain and use the same respectively, under the 
provisions of any of the laws of this state now in force in 
that behalf, and authorizing the appropriation of lauds for 
right of way f )r such purposes. 

§ 17. The rights of way and other real estate purchased R'ghtofway. 
by said company f »r any of the purposes aforesaid shall be Real estate, 
held by them in fee simple, and any such rights of way, or 
real estate taken, condemned or appropriated, as aforesaid, 
shall upon due fulfillment, by said company, of the condi- 
tions prescribed by law to be by, them performed or obser- 
ved to entitle them to such property, also be held by said 
company in fee simple. 

§ 18. The said company shall have power to borrow May borrow 
money on the credit of the company, at a rate of interest ™°°^y- 
not exceeding ten per centum per annum, payable semi- 
annually, and may execute bonds therefor with interest 
coupons thereto annexed, and secure the payment of the 
same by mortgage or deed of trust ou the whole or any 
Vol. 111—18 



138 



KAILKOAD COMPANIES — mCORPOEATED. 



Sale of bonds. 



Payment of 
bonds, secure. 



intersections. 



Injury to road, 
penalty for. 



part of said railroad property, income and franchises of the 
company then existina; or thereafter to ba acquired ; and 
may annex to said mortgage bunds the privilege of con- 
verting the same into the capital stock of the said company 
at par, at the option of the holders, if such election be sig- 
nihed in writing to the company, three years before the 
maturity of such bonds. 

§ 19. The directors of said corporation are hereby au- 
thorized to negotiate and sell the bonds ot the company at 
such times, and in such places, either within or witliout 
this state, and at such rates and at such prices, as will in 
their opinion best advance the interests of the said com 
pany; and if said bonds are so negotiated or sold at a dis- 
count, below their par value, such sale shall be as valid and 
binding on the said company, in every respect, as if they 
were sold or disposed of at their par value. 

§ 20. The said company, m securing the payment of 
said bonds by mortgage or deed of trust on the road, prop- 
erty, income and franchises of said company, shall have 
power to execute a mortgage or deed of trust aforesaid, to 
secure the payment of the full amount of bonds which the 
company, at the time the said mortgage or deed of trust 
bears date or at any time ttereafter, desires to sell and dis- 
pose of; and may execute and sell, from time to time, such 
amount of said bonds, and of such dates, and payable to 
such persons, as the directors of said company may deem 
advisable, till the whole amount of bonds mentioned in 
such mortgage or deed of trust is executed and sold ; and 
the said morrgage and deed of trust shall be as valid and ef- 
fectual to secure the payment of the bonds so executed and 
sold, and every part thereof, as if the same and every part 
thereof, had been executed with even date with said mort- 
gage and deed of trust. 

§ 21. Whenever it shall be necessary fjr the construc- 
tion of said railroad to intersect or cross the track of any 
other railroad, or stream of water or water course, road or 
liighway, on the route of said railroad, it shall be lawful 
for the company to construct their railroad upon the same : 
Fr(jvided^ that the said company shall restore the railroad, 
stream of water, water course, road or highway, thus in- 
tersected or crossed, to its former state or in a sufficient man- 
ner not materially to impair its usefulness: And provided^ 
further^ that said corporation may construct and maintain 
a drawbridge or such other kind of bridge across the Illi- 
nois river as shall be sufficient ti) subserve the purpose of 
said railroad and shall not materially obstruct the naviga- 
tion of said rrver. 

§ 22. If any person or persons shall willfully or negli- 
gently do or cause to be done, any act or acts whatever, 
whereby the said railroad, or any part thereof, or any 
building, construction or work of said company, or any en- 



RAILROAD COMPANIES INCORPORATED. 139 

Sfine, machine, structure or matter or thinpj appertaining to 
tlie same, shall be stopped, (obstructed, weakened, impair- 
ed injured or destroyed, the person or persons so offending 
shall forfeit and pay to the said company treble the amount 
of the d imao^e sustained bv reason of such offense, to be 
recovered with costs of suit in the name of said company, 
by action of debt, and such offender or offenders shall be 
deemed guilty ol a misdemeanor and be subject to indict- 
ment and punished as in other cases. 

§ 23. The said compa ly is hereby authorized to unite May unite with 
or consolidate its railroad and property with that of any o'^^^^'oads. 
other railroad company or companies, whose line or lines 
of road may intersect or connect by continuous lines, or at 
either terminus ; or it may purcliase, lease, sell, or make 
any arrangement it may deem proper with any such rail- 
road company, or with any other company whose line of 
road may form a continuous line with the railroad hereby 
authorized to or from either terminus, and in the event of 
consolidation, the companies so consolidating may take 
upon themselves any name and style of designation they Change name. 
may think proper, and they shall be vested with all powers, 
privileges and franchises of each or both or all of the 
companies, and may borrow money upon mortgage or deed 
of trust upon the property of one or all of said companies 
at their option : Provided, that this eeution shall not be so 
construed as to allow any consolidation or arrangement 
materially diverting the road herein authorized to be built, 
from the line herein contemplated. 

§ -2^. The said company may t.ike and transport on said Propelling 
railroad any person or persons, merchandise or other prop- 
erty by whatever motive or propelling power and force it 
may deem proper, and may hx, establish, take and receive 
such rates of toll or freight for all passengers and property 
transported upon the same, and for the storage of merchan- 
dise and other property under their ohaige, a» the directors 
from time to time shall establish, and shall have power to 
provide all necessary stock and materials for the operation 
of said road, and shall have power to erect and maintain 
all necessary depots, stations, shops and all other buildings 
and machinery for the accommodation, operation and man- 
agement of said i-ailroad. 

^, 25. This act shall be deemed a public act, and shall 
be favorably construed for all purposes herein declared 
and expressed, and shall be in force from and after its 
passage. 

ApriiovED March 31, 1869. 



140 BAILKOAD COMPANIES — INCORPORATED. 



In force March AN ACT in relation to the Mount Vernon Railroad Company. 

31, 1869. 

Section 1. Be it enacted hy the People of the State of 

Illinois^ represented in the General Assembly, That the 

Eiectiona for election held in Jefferson county on the third day of June, 

Itock"''*^^""^ ° in the year of our Lord one thousand eight hundred and 
sixty-seven, authorizing the county court of said Jefferson 
county to subscribe one hundred thousand dollars to the 
capital stock of the Mount Yernon Railroad Company and 
issue county bonds of said county in payment of buch sub- 
scription, is hereby declared to be legal and valid ; and any 
defects that may have occurred m the torm of notice of said 
election is hereby declared tu be cured, and said county 
court is hereby authorized to sell or otherwise dh^pose of its 
said subscription in such manner as said court may deem 
best. 
May borrow § 2. The board of directors of said railroad company 

"^'^^®^' are hereby auth')rized to borrow mone}^ for completing and 

equipping its railroad, and issue and dispose of its bonds, 

with any rate of interest, not exceeding ten per centum, 

per annum, and to mortirage the said r .ilioad and any or 

all the property and franchises belonging to said company, 

Bonds secured or to convev the Same, by deed of trust, to secure the pay- 
by deeds trust. j. c t. ^ *. \ • a \ • j t 

ment ot any bunds to be is.-ued by said com]:»any, or to 
secure the payment of any debt to be contracted by said 
company; and the said company is hereby authorized to 
mortgage, or sell and convey, or convey by deed of trust, 
whatever equitable interest it may have or may hereafter 
acquire in the swamp lands of said county, and to place in 
pledge or to transfer or otherwise to dispose ot its rigiits to 
the county bonds mentioned in the first t-ectiun of this act, 
to be issued at the completion of said railroad to Mount 
Yernon. 
May leaoe or § 3. The board of din ctors of said company are hereby 

Bell franchises, authorized to Sell or lease the said railroad to any other 
railroad company in this state for running a continuous line, 
or making any contract it may deem judicious for the oper- 
ating of its said railroad; and any bond, deed, lease or 
contract of said com]>any shidl be valid and binding on said 
company, when signed by iis presitlent and countersigned 
by its secretary, with the corporate seal attached. 

s»ie of roadbed § 4. The Sale of the road-bed and, franchises of said 
company, under decree of the CJuited States cicuit court 
for the southern district of Illinois, is hereby notified, and 
all the property, rights and fr^mchises of said railroad com- 
pany are declared to be vested in the purchases at said said 
sale under said decree, or their assigns, 

§ 5. Tliis act is hereby declared tobe>a public law, and 
shall take effect from and after its passage. 
Approved March 31, 1869. 



JBAILROAD COMPANIES ^INCORPOBATED, lil 

AN ACT to incorporate the Naples, Exeter and Vandalia Railroad Iq force Marca 
Company. 2'J, 1869. 

Section 1, Be it enacted hy the People of the State of 
Illinois^ represented in the Geveral Assembly^ That corporators. 
Thomas Kerner, Elihu Arrnitage, Henry Dresser, John C. 
llagler, John R- Woods, George G. Terrv, Charles J3. Jiub- 
bard. and Melville Leighton, and their associates, succes- 
sors and assigns, are hereby created a body politic and cor- 
porate, by the name and style of the "Naples, Exeter and Name and etyie. 
V andalia Railroad Company," with perpetual succession ; 
and, by that name and style, shall be and are hereby made corporatepow- 
capable in law and equity to sue and be sued, plead and be ®^'^- 
impleaded, defend and be defended, in all couits of law and 
equity in this state or elsewhere ; to make, have and vise a 
common seal, and alter the same at pleasure ; and, by that 
name and style, shall be capable, in law, of taking, hold- 
ing, purchasing, selling, leasing and conveying real estate 
and })roport3^, personal and mixed, so far as the same may 
be necessary for the purpose hereinafter named, and not 
further ; and shall be and are hereby vested with all the 
powers, privileges and immunitiss which may be necessary 
tu carry into eftl'ct the object and purpose of this act. 

§ 2. The said company sb.all have power and authority constrnction 
to locate, construct, finish, maintain and operate a railroad, ''^^^'"°^*^' ^''^' 
with one or more tracks, and all necetsary side tracks, com- 
mencing at Naples, in Scott county, running thence, by Route of road, 
way of Exeter, Winchester and Manchester, in Scott county, 
tlience, upon the most direct, eligible route, to the town of 
Yandalia, in Fayette county, the route to be selected by 
said company; and, fur the purpose of constructing the Machinery, etc, 
said railroad, said company shall have power to lay out and 
establish their said road, in width not exceeding one hun- 
dred feet, through the entire length thereof, and, for the 
purpose of constructing bridges, dams, embankments, exca- 
vations, engine houses, d(i|)ots, station grounds, machine 
shops, turn-outs, and all other buildings, fixtures and ap- 
pendages necessary and suitable for the construction, alter- 
ing, maintaining and operating said road, and also for ob- 
taining necesrsary stone, gravel and rails, the said company 
may take, use and occupy all necessary lands un either side 
of said road in pursuance of law. 

§ 3. The said company shall have power to take and Donations. 
hold all such voluntary grants and donations of real and 
personal property, to aid in the construction, maintaining 
and operating said road, and to take sucli conveyances, in 
fee or otherwise, to the eomi)any, their successors or assigns ; 
and all such property so accpiired or purchased shall become 
the property of said company, their successors and assigns, 
upon payment of the purchase money in case of purchase, 



14:2 RAILROAD 00MPANIE8 INCORPOKATWD. 

^ or upon conveyance in case of gift, to the extent of the 

proper title. 
Surveys and § 4. The Said Company are hereby authorized, by their 

examinaiions. engineers, agents and surveyors, to enter upon any land for 
the purpose uf making the necessary surveys and examina- 
tion of said road, and to enter upon and take and hold all 
lands necessary for the constrnction of said road, by first 
making just compensation to the owner thereof for damages 
that may arise from the appropriation thereof to the uses 
aforesaid ; and in case said company cannot obtain title to 
the land required by purchase or voluntary cession, then 
they may proceed to condemn the same and acquire it un- 
der the general laws in force for that purpose. 
May borrow § 5. The capital stock of said company shall be one mil- 

m.ney. \[q^^ ^f dollars, and may be increased by tiie directors of 

said company, from time ti_> time, to any amount necessary 
to the completion and equipment of said road. Said stock 
shall be divided into shares of one hundred dollars each, 
shall be deemed personal property, and to be transferable 
in such manner as the company shall provide. 
Powers of the § 6. The powcrs of Said company may be vested in a 

drtctors. board of directors, not exceeding ten in number, to be 

chosen annually by the stockiioldors, who shall hold their 
office for one year and till their successors are elected ; and 
the company may, by their by-laws, determine the time, 
place and manner of electing such directors. The corpora- 
tors above named shall act, with all the powers of directors, 
till the organizatiim of said company is etfected and direc- 
Who entitled tors choseu. And at all elections eacii share shall be enti- 

tovote. |.|q^ |.q ^j^g ^,,j-g ^^ ^|jg election of directors, and may be cast 

Election of ^^J P^oxy or in person by the owner. Said board shall eh ct 

officers. one of their number president of the company, and may 

elect all necessary clerks, secretary, treasurer and other offi- 
cers, as may be necessary for the transaction of the business 
of the C'mpaii}'-, and to till all vacancies that may occur ia 
their board until the next election, in such manner as the 
board shall provide. 

openhooksfor § T. The corporators may cause books to be oj)ened for 

Bubscdptiou. subscription to the capital stock, in such manner as a ma- 
jority of them shall of record determine. 
^vhen act to § 8. The said couipany may be organized and directors 

be void- elected, when thirty thousand dollars shall have been sub- 

scribed to their capital stock ; and if said company is not 
organized and work commenced within ten years from the 
<late of approval of this act this charter shall be inoperative 
and void. 

Privileges. § ^- The Said Company shall be entitled to all the priv- 

ileget-, immunities and protection as other railroad compa- 
nies in this state are, and shall be subject to all penalties 
and restrictions that are or may be provided by general 
law. 



EAILROAD COMPANIES — INCORPOEATED. 143 

8 10. Said corporation shall traripport fire-wood and Articles offered 

„ o , '. . . -1 J 1 i-i for transporta- 

fue), ot every description, over its railroad, whenever tlie uon. 
same shall be offered for transportation, at rates as low as 
the rates said company shall charge for the transportation 
of other freights of a similar class, 

§ 11. This act shall be taken as a public act, and shall 
be in force from and after its passage. 

Approved March 29, 1869. 



ers 



AN ACT to incorporate the Oquawka and Geneseo Railroad Company. In force March 

26, 1869. 

Section 1. Be it enacted hy the Ptojyle of the S'ate of 
Illinois, representtd in the General Assembly, Thvit corporators. 
S.'lon Ken<iall, George E. Waiis, N. Gaines, Juptin F. 
Dreper, Wiight Kidder, Robert Hodson, William H. Phelps 
and Edward H. N. Patterson, Robert Moir, John McKin- 
ney, jr., Cephas Park, Wm. Hanna, John Rowley, and 
their associates, successors and assigns, be and are hereby 
created a body corporate, by the name and style of "The Name and style. 
Oquawka and Geneseo Railroad Company." Said incorpo- 
ration, by that name and style, shall have perpetual succes- j^orporate pow- 
sion, have a common seal, alter the same at pleasure ; may 
contract and be contracted with, sue and be sued, plead and 
be impleaded, defend and be defended, in all courts and 
places. Said incorporators shall organize said company, 
open books for subscriptions to the stock thereof, and, when 
fifty thousand dollars shall be subscribed to said stock, shall 
call a meeting of stockholders, who may elect seven direc- 
tors ; and said directors may elect one of their number 
president, and may elect or appoint such other officers as 
they shall determine, fix their duties and salaries, and may 
make any by-laws, not inconsistent with the laws of this 
state. But no person shall be a director, unless he shall, at 
the time of his election, be the bo7ia fide owner of five 
hundred dollars of the stock of said company. 

§ 2. Tiie capital stock of said company shall be one Amount capital 
million dollars, to be divided into shares of one hundred 
dollars each ; and the directors of said company may in- 
crease it to any sum not exceeding twenty-five thousand 
dollars per mile of the main line of said road. And said 
company, after the subscription of fifty thousand dollars to 
the stock of stiid company, may and is hereby authorized to 
establish, locate, construct ani operate a railroad, with sin- 
gle or double track, from any point on the Chicago, Rock Route of road. 
Inland and Pacific Railroad, near Geneseo, to the Carthage 
and Burlington Railroad, at any point in Henderson county, 
by such route as said directors shall deem most advisable ; 



144 



RAILROAD COMPANIES INCORPORATED. 



may acquire, hold or convey real and personal property, by 
said directors deemed necesstuy lur the use of said company; 
may condemn the riiiht of way, in accordance with the pro- 
visions of the general laws now in force or wliich may 
hereafter be in force relating to the condemnation of land 
for the purposes of internal improvement. 

§ 3. This company, as to rates of freights and passage, 
shall be subject to any general law of tliis state now in force 
or hereafter to be in force, the same as other railroad com- 
panies now in existence, and not otherwise. 

§ 4. Said corporation shall transport iire-wood and fuel, 

tioD. ''^*°^^°'^''^' of every description, over its railroad, whenever tlie same 

shall be offered for transportation, at rates as low as the 

rates said company shall charge for the transportation of 

other treights of a similar clats. 

§ 6. This act shall be a public act, and take effect and 
be in force from and after its passage. 

Approved March 26, 186y. 



Transportation 
of freight. 



Articles offered 



In force March 
26, 18(J9. 



AN ACT to incorporate the Paris and Danville Railroad Company. 



Corporate pow 

ers. 



Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That James 

Corporators. A. Eads, William Kile, C. W. Leving?, John W. Black- 
burn, John Ten brook, N. B. Stage, Allen Varner, John L. 
Tincher, L, L. Davis, Sansfield Clark, Benjamin Canaday, 
Samuel Scott, and Simpson Thompson, and their associates, 
successors and assigns, are hereby created a body politic 

Name and style, and Corporate, by the name and style of "The Pans and 
Danville Railroad Company," with perpetual succession ; 
and, by that name, be and are hereby made capable, in 
law and equity, to sue and be sued, plead and be impleaded, 
defend and be defended, in any court of law and equity in 
this state or in any other place ; to make and use a common 
seal, and to alter or renew the same at pleasure ; and shall 
be and are hereby vested with all powers, privileges and 
immunities which are or rnay be necessary to carry into 
effect the purposes and objects of this act, as hereinafter 
set forth ; and said compiUiy are hereby authorized and 
empowered to locate, construct and complete a railroad, 
with a sina;le or double track, from a point in the town of 
Paris, in Edgar county, to the city of Danville, in the 

Route of road. C(junty of Yermilion, by the most eligible route. Said 
company shall, also, have power to extend, construct, and 
equip the line of their said road, to a point at or near the 
city of Vincennes, in the state of Indiana, upon the most 
practicable route, upon the same terms, and with like 



EAILROAD COMPANIES — INCORPORATED. 145 

powers as they are hereby authorized to construct the 
same to Danville, whenever an amount shall be subscribed 
to the capital stock of said company for that purpose which, 
in the judo^tnent of the board of directors, shall be suficient 
for that purpose ; and, fur this purpose, the said company Locatiou of 
are authorized to lay out and locate their said road, not ex- '■"'''^• 
ceeding one hundred feet in width, through the whole length 
of said route, and for the purpose of cuttings or embank- 
ments, stone or gravel, or other material, may take and 
appropriate as much more land as may be necessary for the 
construction and security of said road. 

§ 2. The capital stock of said compan}' shall be one Amount capital 
million of dollars, which may be increased to any amount ®'°'^^' 
not exceeding the actual or estimated cost of construction 
and equipment of said road, to be divided, into shares of 
one hundred dollars each. AH the corporate powers of 
said company shall be vested in and exercised by a board of 
not less than five, nor more than thirteen directors, who 
shall be chosen by the stockholders of said company in Ihc 
manner hereinafter provided, who shall hold their offices for 
one year or until their successors shall be elected and quali- 
fied ; and said directors, or a majority of them, shall form a 
quorum for the transaction of business ; shall elect one of 
their number president of the company ; and said board of 
directors shall have power to appoint all necessary clerks, 
secretary, treasurer, and all other officers deemed necessary 
in the transaction of the business of said company. 

§ 3. Said corporation is hereby authorized, by their surveys and 
agents, surveyors and engineers, to cause such examinations '^^*™^°^'^'^^'^- 
and surveys to be made of the ground and country as shall 
be necessary to determine the most desirable route where- 
on to construct their said railroad; and it shall be lawful 
for said company to enter upon and take possession of and 
use all such lands and real estate as will or may be necea- coudemuiand. 
sary for the construction and maintenance of the said rail- 
road, its depots, sidings, water stations, engine houses, 
machine shops, and such other buildings and appendages 
as are or may be necessary for the construction and use of 
said road : Provided,, all lands or real estate entered upon 
or taken possession of by said corporation, for the use and 
accommodation of said railroad, or upon which the site of 
the same shall have been located or determined by said cor- 
poration, shall be paid for by said company in damages, if payments for 
any be sustained by the owner or owners thereof, by the' " " 
use of the same for the purposes of said railroad ; and all 
lands entered upon and taken for the use of said corpora- 
tion, which are not donated to said company, shall be paid 
for by said corporation at such prices as may be mutually 
agreed upon between the said corporation and the owner or 
owners of such lands ; and, in case of disagreement, the 
price shall be estimated, fixed and recovered in the manner 
VoL 111—19 



land tiiken. 



146 EAILROAD COMPANIES — INCORPOKATED. 

provided by the general laws now in force or which may 
hereafter be in force, providing for condemnation of land 
for purposes oi internal improvement. 
iDjm-y to road, § ^. If Buy pcrson shall willfully, maliciously, or wan- 
penaity lor. tonly obstruct the passage of any car on said railroad, or 
any part thereof, or anything belonging thereto, or shall 
damage or destroy any part of the said road, implements, 
or buildings, he, she or they, or any person, confederate or 
assisting, shall forfeit and pay to said company, for each 
offense, treble the amount of damages that shall be proven 
to have been sustained, which may be sued for in the 
name and behalf of said company; and such offender or 
offenders shall be deemed guilty of a mi&d.emeanor, and 
shall be liable to an indictment in the same manner as other 
indictments are found, in any county where such offense 
shall have been committed, and, upon conviction, every 
such offender shall be liable to a tine not exceeding five 
thousand dollars for the use of the county where such in- 
dictment may be found, and may be imprisoned in the 
county jail for any time, not exceeding six months, at the 
discretion of the court. 
Open books loi- § 5. The persons named in the first section of this act 
snbscriptiun. ^j,q j^ereby appointed commissioners, who, or a majority of 
them, are hereby authorized to open or cause to be opened 
subscription books for the stock of said company, at such 
time and places as they may deem proper ; also to appoint 
one or more agents to open such books and receive such 
Meeting of tue subscriptions ; and whenever fifty thousand dollars shall be 
subscribed, the said commissioners may call a meeting, by 
consent of all or a majority of the stockholders, by giving 
ten days' notice in some newspaper printed in Danville and 
Paris, or, by giving personal notice of such meeting, it shall 
be lawful for the stockholders to elect the directors of said 
company and transact any other necessary business. And 
when the directors are chosen and qualified, the said com- 
missioners shall deliver the subscription books, papers and 
all moneys and assets belonging to said corporation in their 
hands or in the hands of their agents, as commissioners, to 
said directors ; and no person shall be a director unless he 
is a bona fide stockholder in said company. 
Additional § 7. The directors of said company, after the same is 
subacriptions. Qj-gauized, are hereby empowered to take and receive sub- 
scriptions to their capital stock, on such terms and in such 
amounts as they may deem for the interests of said com- 
pany and as they prescribe by their by-laws and regulations, 
from individuals, from any other railroad or corporation, or 
from any county, town or village, township or city, making 
the same ; and may acquire, by donation, stock subscrip- 
tion or purchase, and dispose of and convey real estate, 
mineral and coal lands. 



RAILKOAD COMPANIES — INCORPOEATED. 147 

§ 8. The several counties in which any ])art of said coimiie« may 
railroad has or may hereafter be located or that may lie on ''"'^"^''°'' ""^ 
or near the line of said road, and the several townships in 
said counties which have adopted or may hereafter adopt 
township organization, and the cities and incorporated 
towns in said counties, are hereby authorized to subscribe 
and take stock in said company. 

§ 9. Elections may be held in any such county, town- Towns and 
ship or city or incorporated town upon the question whether ^to'c^.™^^ 
such county, township, city or town shall subscribe for any 
specified amount of said stock of said company, not exceed- 
ing one hundred thousand dollars ; and elections shall be 
held in any such county, township, city or town, as often 
as a petition shall be presented, as hereinafter specified, 
until such county, township, city or town shall have sub- 
scribed the full amount authorized by this act. 

§ 10. Whenever a petition shall be presented to the Petition for 
county clerk, signed by fifty legal voters of any g^ch "'''°"^'^''^*^'"°" 
county, setting forth the amount of stock proposed to be 
taken by such county, and specifying the time for holding 
such an election, it shall be the duty. of the county clerk of 
such county to give thirty days' notice of the time of hold- 
ing such election, which shall be the same time as that 
specified in such petition ; and whenever a petition shall 
be presented to the supervisor of any such township, or to 
the corporate authorities of any such city or towu, signed 
by tv/enty-five legal voters of any such township, city or 
town, setting forth the amount of stock proposed to be Notice of eiec- 
taken by any such township, city or town, and specifying 
the time for holding such election, it shall be the duty of 
the supervisor of every such township and the duty of the 
clerk of every such city or town, to give thirty days' notice 
of the time of holding such election in such township, city 
or town, which shall be the same time as that specified in 
such petition ; which said notice or notices shall be given in 
the same manner, and such election or elections shall be 
conducted in the same mode, and at the places provided for 
holding general elections in such counties, townships, 
cities and towns ; at which election or elections the qualified . ^"^'™!'''^^'^ *■" 
voters of the respective counties, townships, cities and 
towns, shall vote " For subscription" or "Against subscrip- 
tion ;" and the returns of such election or elections shall be 
made to the county clerk, in the same manner and within 
the same time and shall be by him opened and declared in 
the same manner as for elections held for state and county 
officers; and if a majority of the votes cast at such election, 
by voters voting on that subject, shall be "for subscription," 
it shall be the duty of the county court, or board of super- ^o'l^n'y'conrt'^'^ 
visors of every such county, the supervisor and clerk of 
such township, and the corporate authorities of such city or 
town, to subscribe, without unnecessary delay, upon re- 



148 EATLEOAD COMPANIES — INCOEPOKATED. 

quest of said compan j, to the amount so voted for, and to 
issue and deliver to said company the same amounts as the 
stock so subscribed of the bonds of such county, township, 
city or town, as the case may be, payable at any time speci- 
tied, not exceeding fifteen years from date, or sooner, at the 
option of the county, township, city or town issuing the same, 
with interest, by coupons attached for the same, at a rate 
of interest not exceeding ten per cent, per annum, payable 
annually, which said bonds and interest accruing thereon 
shall be made payable at such place within the United 
States as said company may request : Provided^ that at 
any election held under the provisions of this act at any 
other time than the time for holding the general elections 

Registrntiouof for state and county purposes, it shall not be necessary for 
the several boards of registrv to make a new register of the 
several voting precincts, but the register made of the legal 
voters at the last general election held for the election of 
state or county officers may be used : Frovlded, any legal 
voter, whose name does not appear on said register, shall 
be received and taken in the same manner that unregistered 
legal voter's votes are received at any general election. 
Special tax to § 11. It shall be the duty of the respective authorities 

pay interest. ^^ |.]jy Several counties, townships, cities and towns, which 
may vote such subscription, and they are hereby required, 
to levy and collect a sufficient special tax, on all the taxa- 
ble propert}'-, both real and personal, in such'^counties, 
townships, cities and towns, to pay the interest, annually 
accruing on such bonds, and to liquidate the principal of 
said bonds, within the time specified in the same for their 
payment; and this provision shall aj)ply as well to any 
vote taken by any county, township, city or town, on the 
line of said railroad, for taking stock in the same previous 
to the passage of this act, as for stock taken under the pro- 
visions of this acfc. Said tax shall be levied on the assess- 
ments made by the assessors of their respective counties, 
townships, cities and towns, as provided by the revenue 
laws of this state for assessing property, and shall be ex- 
tended on the collector's books of such county, township, 
city or town as a special railroad tax, and collected by the 
respective collectors of such counties, townships, cities and 
towns," at the same time and in the same manner as pro- 
Taxnp pud to vidcd by law for collecting state and county tax ; which said 

coiintytrcasurer ^^^ ^j^^j^ ^^ p^.^, ^^ ^^^ respectivc collectors to the county 

treasurer of the county in which the tax is collected, de- 
Liai)iiity of (jncting therefrom one percent, only for collecting; and 
conn y leasurei ^^^^ ^^^^ county treasurers shall be, respectively, liable on 
their bonds for the faithful application of said tax to the 
jxayment of the interest and principal of the bonds for 
which said tax was levied and collected to pay, and shall 
receive therefor, in full compensation, a commission of one 
per cent, only, for receiving and paying out said tax. The 



RAILROAD COMPANIE&— INOORPOEATED, 149 

corporate authorities of the respective counties and Rate of taxa- 
townships shall certify to the county clerk of the proper '''°"' 
county _the rate per cent, to be levied for each year for such 
special "tax, and the said county clerk shall extend on the 
collector's books for such county or township, as a special 
railroad tax, at the rate so certified, for each year, in the 
same manner and on all the property on which the state 
and county tax is extended, and shall receive the same 
pay therefor as for like services for state and county pur- 
poses ; and the respective authorities of such cities and 
towns shall levy and collect such special railroad tax in the Levy Bpedaitax 
same manner as other tax is levied and collected in and 
for such cities and towns : Frovided^ that in case the 
said authorities for any such county, township city or in- 
corporated town shall fail to certify to such clerk the rate 
per' cent, to be levied for any year before the time required 
by law for said clerk to extend state and county tax, or 
shall certify to a less amount than will pay the same, then 
the said county clerk shall extend such tax as will pay the 
interest and principal due for such year on all such bonds 
80 issued by the respective counties, townships, cities and 
incorporated towns. 

§ 12. The right of way and the real estate purchased Rigiit of way. 
for the same or for other purposes by the company, by mu- Real estate, 
tual agreement or otherwise, or shall become the property 
of the company by operation of law, as in this act provided, 
shall, upon payment of the amounts of money belonging to 
the owner or owners of said lands, as a compensation for 
the same, become the property of the company, in fee 
simple. 

§ 13. The said corporation may take and transport on p^^g/''"'^®"*°= 
said road any person or persons, live animals or merchan- 
dise or freight, by the power of steam or animals, or any 
kind or combination of power, and may fix and establish, 
take and receive such toll for all passengers and property 
transported upon the same as the directors shall, from time 
to time, establish ; and the directors are hereby empowered 
to make and establish all bylaws, rules and regulations 
necessary to carry out the provisions of this act, and for the 
transfer of its stock, which is hereby declared personal 
property, and transferable only as provided for in the said 
by-laws of the company. 

§ 14. In case of death, resignation, or removal of any vacancies, how 
ofticer or director of this company, at any time, such vacan- 
cy shall be tilled by the board of directors for the remain- 
der of the term for which said officer or director was elect- 
ed or appointed ; and in case that any election should not 
be had or made on the day which in pursuance of this act 
it ought to be made or held, the said corporation for that 
cause shall not be deemed dissolved, but Buch election shall 



filled. 



150 EAILEOAD OOMPANIES— INCOEPOEATED. 

be held at any other time directed by the by-laws of the 
company or corporation, 
inter&ecuons, § ^^ Whenever it shall be necessary for the construc- 
tion of the road to intersect or cross the track of any other 
railroad, or stream of water or water course, road or high- 
way, on the route of said railroad, it shall be lawful for 
said company to construct their railroad across or upon the 
same : Fromded^ that said railroad shall restore such 
stream of water, water course or highway thus intersected or 
crossed to its former state, or in sufficient manner not to 
impair its usefulness materially. 
May iinitp with § 16. It is hereby made lawful for Said corporation, by 
other ro:\ b. ^^^ \^\i\\ the couscut of the owncrs of at least three-fourths 
of the capital stock of said company, to unite or consoli- 
date its railroad stock and property with that of any other 
railroad company or companies within this or any other 
state, whose line of road may cross, intersect or connect 
with the road hereby authorized to be built, or near the line 
thereof, upon such tenns as may be made between this com- 
pany and any other, and, for such purpose, full power is 
hereby given to said company to make and execute such 
contracts with any other company or companies as will se- 
cure the objects of such connection or consolidations ; and 
such consolidating companies shall have authority and are 
hereby authorized to avail themselves of any and all the 
provisions of an act, entitled " An act to authorize railroad 
and plank road companies to consolidate their stock," ap- 
proved February 2Sth, 185i. 
May boiTow § 17. That Said railroad company, by this act incorpo- 
™°"''^" rated, shall have power to borrow money, on the credit of 

the company, not exceeding its authorized capital stock, at 
a rate of interest not exceeding ten per cent, per annum, 
payable semiannually, and may execute bonds therefor, 
_ BoiKismayhe with interest coupous thereto annexed, and secure the pay- 
teresfcJnpoDs!" ment of the same by mortgage on the whole, or any part 
thereof of the said railroad property and income of the 
same, then existing or thereafter to be acquired, and may 
annex to said mortgage bonds the privilege of converting 
the same into the capital stock of the company, at par, at 
the option of the holders, if such election be signified, in 
writing,,to the company, three yeara before the maturity of 
said bonds. 
May negotiate § IS. That the directors of said company be and they 
are hereby authorized to negotiate and sell bonds of said 
company, at such times and in such places, either within or 
witliout this state, and at such rates and for such prices as 
in their opinion will best advance the interests of the corn- 
Mortgage valid, pany ; and if such bonds are thus negotiated or sold at a 
discount below their par value such sale shall be as valid 
and binding on the company, in every respect, as if they 
were sold or disposed of at their par value. 



EAILKOAD COMPANIES — INOOKPOKATEI). 161 

§ 19 That the said company, in securing the paymeutJsaue of bonds, 
of said bonds, by a mortgage on the road property or in- security. 
come of the company, shall have power to execute a mort- 
gage atoresaid, to secure the full amount of bonds which the 
company may at the time the said mortgage bears date 
or at any time thereafter desire to sell or dispose of, and 
may execute and sell, from time to time, such amounts of 
said bonds and of such dates, and payable to such persons, 
as the directors of the company may deem advisable, until 
the whole amount of bonds which the company may issue 
under this charter be issued and sold ; and the said mort- Mortgage valid 
gage shall be as valid and effectual to secure the payment 
of the bonds so executed and sold and every part thereof, 
as if the same and every part thereof had been executed 
with even date with said mortgage. 

§ 20. Said corporation shall transport fire wood and Trausportation. 
fuel, of every description, over its railroad, whenever the 
same shall bo offered for transportation, at rates as low as 
the rates said company 6ha*ll charge for the transportation 
of other freights of a similar class. 

§ 21. This act shall be deemed a public act, and is 
hereby so declared, and shall be favorably construed for all 
purposes herein expressed and declared, in all courts and 
places whatsoever, and shall be in force from and after its 
passage. 

Appkoved March 26, 1S69. 



AN AOT to incorporate the Paua, Carlinvillo, Carrollton ami Clarksville In force Marcb 
Railroad ConipaHy. ^^> ■'^**'^- 

Section 1. Be it enacted by the Peaple of the State of 
Illinois^ represented in the General Assembly^ That John corporators. 
S. Hayward, Asaph C. Yanderwater, Josiah Whipple, 
Bayless W. Hanna, K. C. Smalley, David M. Woodson, 
Daved Pierson, Henry L. Clay, Alvis Sharp, Charles W. 
Wier, James M. Cain, William II. Keed, and John O. 
lloberts, and such other persons as they may associate with 
them, and their successors, are hereby constituted a body 
corporate and politic, by the name and style of "The Pana, Name and style. 
Carlinvillo, Carrollton and Clarksville Ilailroad Conpany," 
with perpetual succession; and by that name and style corponitc pow- 
shall be capable, in law or ecpiity, of suing and being sued, "" 
of pleading and being impleaded,'! in any suit in law or 
equity in this state, and of taking, purchasing, holding, 
leasing, selling and conveying estate or property, whether 
real or personal or mixed, so far as the same may be neces- 
sary for the purposes hereinafter mentioned ;" and may 
have a common seal, and the same alter and renew at 



ers. 



162 RAILROAD COMPANIES — INCORPORATED. 

pleasure ; and may have and exercise all the powers, rights, 
privileges and immunities which are or may be necessary 
or proper to carry into effect the purposes and objects of 
this act. 

Construction of | 2. The Said railroad company shall have full power 

'°* and authority to locate, construct, finish and maintain a 

railroad, with one or more tracks, from some suitable point 

Kont9 of road, on the Tcrrc Haute, Alton and St. Louis Kailroad, at or 
near the town of Pana, in the county of Christian, state of 
Illinois, and running from thence through Carlinville, in 
Macoupin county, and Carrollton, in Greene count}'', Illinois, 
upon the most eligible route, through Calhoun county, 
Illinois, to a point on the east bank of the Mississippi river, 
opposite the city of Clarksville or Louisiana, in Pike coun- 
ty, Missouri, and to transport, take and carry property and 

Machinery, etc. persous upou Said railroad, by power or force of steam or 
any mechanical or other ]30wer or combination of them, 
which said company may choose to apply ; and for the pur- 
pose of constructing said railroad, said company shall have 
authority to lay out, designate and establish their road, in 
width not exceeding one hundred feet, through the entire 

May enter upon line thereof, and may take and appropriate to their own 

and take land. ^^^^ ^j-^ g.^^j^ lauds, SO designated for the line and construc- 
tion of said road, upon payment or tendering therefor the 
amount of damages that shall be ascertained by appraisal, 
in the manner hereinafter provided, on all such lands or 
premises as may be taken for any track or tracks upon 
which said road may be located ; and for the purpose of 
cuttings, embankments, spoil banks, and of obtaining stone, 
gravel or other material of a like nature, may take and ap- 
propriate as much more land as may be necessary for the 
proper construction, maintenance and security of said road ; 
and for constructing shops, depots and other suitable 
iixtures, as appurtenant to said road, may take, have, hold 
and use any lands on either or both sides of said road, as 
may be deemed necessary. Said company may take all 
such lands as gifts or purchases or by making compensation 
as licreinafter provided. 
Amount capi- § 3. The Capital stock of said company shall be one 

tai stock. million dollars and maybe increased to such an amount 

as may bo required to complete and operate said railroad, 
to be divided into shares of one hundred dollars each, 
which shall be deemed personal property, and may be is- 
sued, transferred and registered in such manner and at such 
places as may be prescribed by said company, who shall, 
also, prescribe the time and manner in which all subscrip- 
tions of stock may be made and paid ; and may authorize 
and conduct all actions and suits at law or equity, for the 
recovery of such subscription or installments, or portions 
thereof, as they may deem necessary ; and may, in addition, 
declare all stock upon which an installment is due and un- 



EAILKOAD COMPANIES — INCOEPOEATED. 163 

paid forfeited, and the same may be transferred, either to stock shares 
said company or to any purchaser thereof, which proceed- traneferahie. 
ing may be had upon and after such notice and the expira- 
tion of such time as may be provided for by the said com- 
pany throuj;]i the board of directors. 

§ 4. The immediate government and direction of said Directors to 
company shall be vested in not less than nine nor more "^*°"s® 
than thirteen directors, who shall be chosen by the stock- 
holders of said company in the manner herein provided, 
who shall hold their office for one year after their election 
and until others shall bo duly elected and qualified to take 
their jjlaces as directors ; and the said directors, a majority ^ 

of whom shall form a quorum for the transaction of busi- 
ness, shall elect one of their number to be president of the 
company. The said board of directors shall have power to Appointment 

• i."^ n T 1 L ^ 1 ii ofofflcers. 

appomt all necessary clerks, secretary, treasurer and other 
othcers and servants, necessary in the transaction of the 
business of said corporation. Said board of directors shall 
fix the time and place for holding the annual election of di- 
rectors ; and the directors are hereby authorized and em.- 
powered to make all necessary rules, by-laws, regulations 
and ordinances that they may deem necessary and expedi- 
ent to accomplish the designs and purposes and to carry 
into effect the provisions of this act, and for the transfer 
and assignment of its stock, which is hereby, declared per- 
sonal property, and transferable in such manner as shall be ocuerai pottws 
provided for by the by-laws and ordinances of said corpora- 
tion. And it shall be lawful for the directors of said com- 
pany to alter or amend said by-laws, and change the time 
and place of the annual election of directors, whenever in 
their judgment it may be deemed advisable. They shall Kates of faro. 
have the power, from time to time, to fix, establish, take 
and receive such rates of toll, for the transportation of all 
passengers and property, as they may deem proper for 
the interest of said corporation. 

S 5. The said corporation is hereby authorized, by smvoya and 

,1 ". , ^ T . , -^ 1 • examinations. 

their agents, surveyors and engineers, to cause such exami- 
nation and surveys to be made of the ground and country 
between the points hereinbefore named, as shall be neces- 
sary to determine the most advantageous route for the 
proper line or course whereon to construct their said rail- 
road ; and it shall be lawful for said company to enter upon 
and take possession of and use all such lands and real 
estate as may be necessary for the construction and 
maintenance of this said railroad : Provided, that all 
lands or real estate entered upon and taken possession <^'°™p,^"J'**JJ'* 
of and used by said corporation, for the purposes and 
accommodation of said railroad, or upon which the site 
for said railroad shall have been located or determined by 
the said corporation, shall be paid for by said company in 
damages, if any be sustained by the owner or owners there 
Yol. 111-20 



154: RAILROAD COMPANIES — INCORPORATED. 

of, by the use of the same for the purposes of the said rail- 
road. And all lands entered upon, and taken for the use 
of said corporation, which are not donated to said company, 
shall be obtained and paid for in the manner provided by 
the general laws now in force or which may hereafter be in 
force, providing for the condemnation of land for purposes 
of internal improvement. 

Privileges. § 6. The Said corporation may construct their road on 

or across any navigable stream of water, water course, road 
or highway, railroad, or canal or street or dyke, levee or 
alley, in any city or town, which the route of its road shall 
intersect ; but the corporation shall restore the water course, 
road or highway, railroad or canal, dyke, street, levee or 
alley, thus intersected, to its former state or in a sufficient 
manner not to have materially impaired its usefulness. 
May ciiange Whenever the route of said railroad shall intersect any road 
or highway, railroad, street, levee, dyke or alley, the said 
corporation shall have power to change the line or grade of 
same, if such change be desirable, and shall not impair 
their usefullness ; and said corporation may take such ad- 
ditional lands or real estate, for the construction of such 
road, highway, railroad, street, levee, dyke or alley or wa- 
ter course, as may be deemed requisite by said corporation. 
Unless the land so taken shall be voluntarily given, com- 
pensation therefor shall be ascertained in the manner as 
provided for obtaining the right of way in this act, and duly 
made by the said corporation to the owner or persons in- 
terested in such lands — the same, when so taken, to become 
part of such intersecting road, highway, railroad, canal, 
street, dyke or alley, or water course, in such manner and 
by such time as the adjacent parts of the same highway, 
railroad, road, street or alley, may be held for highway or 
other purpose. 

Right of way. § 7. That in all proceedings to be had for right of way 
or condemnation of real estate, for any purpose, to the use 
of said railroad corporation, after any assessment or non-as- 
scsssment of damages in the premises, by commissioners or 
appraisers, and any appeal or other proceedings in the premi- 
ses by either party, the said company may proceed with this 
enterprise, if they will give bond and security in a sufficient 
amount, to be approved by the clerk of the circuit court of 
the proper county, conditioned to pay to the owner or own- 
ers of such real estate all costs and damages that may here- 
after be legally taxed and assessed in the premises against 
said coporation. 
Injury to road, § 8. If any person shall willfully, maliciously or wan- 

pena .y oi. ^only and contrary to law obstruct the passage of any car 
on said railroad, or any part thereof, or anything belong- 
ing thereto, or shall damage, break or destroy any part of 
the said railroad or implements or buildings, he, she or 
they or any person assisting, shall forfeit and pay to said 



KAILROAU COMPANIES — INCOltrORATED. 155 

company, for every such offense, treble the amount of 
damages that shall be proved before competent conrt has 
been sustained, and be sued for in the name and behalf of 
said company; and such offender or oifenders shall be 
deemed guilty of a misdemeanor, and. shall be liable to in- 
dictment in the same manner as other indictments are found , 
in any county or counties where such oflense shall have 
been committed ; and upon conviction, every such offend- 
er shall be liable to a fine, not exceeding five thousand 
dollars, for the use of the county where such indictment 
may be found. 

§ 9. The time of holding the annual meeting of said j^gg"""''' ^^''t- 
company for the election of directors shall|be fixed and de- 
termined by the by-laws of said company ; aud at all meet- 
ings each stockholder shall be entitled to vote, in ])erson 
or by lawful proxy, one vote fur each share of stock he or 
she "or they may hold, hona fide, in said company ; and in 
case it should at any time happen that an election shall 
not be made on any day on which, in pursuance of this act 
it ought to have been held, the said corporation shall not 
for that cause be deemed dissolved, but such election shall 
be held at such subsequent time as the majority of the di- 
rectors may appoint. 

§ 10. In case of removal, death or resignation of the Jac^'^'^"es,how 
president or any director, at any time between the annual 
elections, such vacancy may be filled for the remainder of 
the year, whenever they may happen, by the board of di- 
rectors ; and in case of absence of the president and vice- 
president, the board of directors shall have jDOwer to ap- 
point a president pro tempore, who shall have and exercise 
such powers and functions as the by-laws of the said cor- 
poration may provide. 

^ 11. The persons named in the first section of this act commissioners 

",, '.,1 •• 1 • -L ,. to pi-ocnre sub- 

are hereby appomted commissioners, who, or a majority of scnptions. 

whom are authorized to open subscription books for said 
capital stock, at such ]pl aces as they may deem proper; and 
the said commissioners may require each subscriber to pay 
five dollars on each share subscribed at the time of sub- 
scribing ; and whenever one hundred thousand dollars 
shall be subscribed, the said commissioners shall call a 
meeting of the stockholders, by giving thirty days notice in 
one or more of the newspapers printed in the counties of 
Christian, Montgomery, Macoupin and Greena : and at such Election of 
meetings it shall be lawful to elect the directors of said 
company ; and when the directors of said company are 
chosen the said commissioners shall deliver said subscrip- 
tion books, with all sums of money received by them under 
the provisions of this act as said commissioners, to said di- 
rectors. jSTo person shall be a director in said company, 
unless he shall own at least five shares of the capital stock 
o\' the company. 



15G ItAILEOAD OOMPANIBS — INCOKFOKATBD. 

Organization § 12 The directors of said company, after the same ia 
Tested powers, oi'ganized, shall be vested with the same powers expressed 
in the preceding section of this act, to open or continue 
open the subscription books, and to fill up the additional 
amount of stock, or any part thereof, at such times as they 
may deem it for the interest of said company ; and all the 
installments required to be paid on the stock originally 
subscribed or to be taken, and what may be taken to in- 
crease said capital, shall be paid at such times and in such 
lucreasoofcap- suuis as Said dircctors may prescribe; and the capital stock 
itai stock. QJ gj^'^ company may be increased, from time to time, by 
new subscriptions, if such increase shall be found necessary 
to fulfill the intention of this act, upon the directors for the 
time being giving the notice as herein required previous 
to the opening the subscription books for the original stock 
herein, and that all stock of said corporation shall be 
deemed personal property, and transferable in such man- 
ner as the said corporation shall by its by-laws provide. 
Time and place § 13. That it shall be lawful for the directors to require 
or snbscrjption payment of the suuis subscribed to the capital stock at 
such times and in such proportions and on such conditions 
as they shall deem fit to secure the interests of this act, un- 
der the penalty of the forfeiture of all previous payments 
thereon, and shall give notice of the payments thus re- 
quired and of the place and time when and where the same 
aie to be paid, at least thirty days previous to the payment 
of the same, in one or more of the newspapers published in 
the several counties of this state through which the said 
railroad is to be constructed, and said publication shall be 
deemed sufficient notice to each subscriber to the capital 
stock of the company. 
Mayunitewith 8 14-, That it shall be lawful for said company, by and 
with the consent of the owners of three-fourths of the capi- 
tal stock of said company, to unite with any other railroad 
company which may have been or may hereafter be incor- 
porated by this state, and to grant any such company or 
companies the right to construct and use all or any por- 
tion of the road hereby authorized to be constructed, also 
the right to sell, lease or convey the same, or any part 
thereof, to said company or companies, or consolidate its 
stock therewith, and place the management and control of 
the same under such board of directors, upon such terms as 
may be mutually agreed upon between the said railroad 
Lease or sell companios ; and fall power is hereby given to the corpora- 
*'''^''- tiou created by this act, by its board of directors and duly 

authorized agents, to sell, transfer or convey, by mortgage, 
or otherwise, as may be deemed for the interest of the com- 
pany, any ])art or all of said railroad property ; and all 
such sales, transfers, conveyances, mortgages, shall be bind- 
ing and valid and of full etlect, in law and equity; and the 
directors, in tUeir discretion, may incorporate a condition 



KAILEOAD COMPANIES — INCORPORATED. 157 

in the mortgage bonds which they are authorized to issue, 
by which the holder or holders of such bonds shall have 
the right to vote at all election of directors for said com- 
pany, upon such conditions as may be deemed expedient 
by said directors. 

§ 15. That in case said corporation shall hereafter make Morignges. 
and execute any mortgage or mortgages or other convey- 
ances of all or any part of their said railroad and the same 
shall thereafter be foreclosed and sold by any proceedings 
in law or equity, or in pursuance of a power or powers in 
such mortgage or mortgages contained, or by. the exercise 
of the said authorities, the purchaser or purchasers of the 
same, or their survivors or survivor, or they or he and his 
associates, or their or his assigns, may form a corporation, 
by tiling in the office of the secretary of state, under their 
or his signatures, a certificate, specifying the name of said 
corporation, the number of directors, and the period of 
their services, not exceeding two years, the amount of 
original capital, and the number of shares into which such 
capital is to be divided ; and thereupon the person or per- 
sons who shall have signed such certificate shall b^ a body certiflcate of 
politic and corpoi-ate, by the name stated in such certificate ; ^^^^^'^'■^• 
and a copy of such certificate, attested by the signature of 
the secretary of state or his deputy, under seal of state, 
shall, in all courts and places, be evidence of the due forma- 
tion and existence of the said corporation and of the facts 
in the said certificate stated ; and the corporation, in pursu- 
ance thereof, shall have and enjoy all the rights, privileges, 
immunities and franchises granted to or belonging to the 
original corporation formed under this act. 

§ 16. The said company shall carry and transport the Traijsportation 
mails of the United States, on such terms as may be agreed °' ™^^'^' 
upon, and all such freights and passengers as may be of- 
fered, if required so to do, on the terms usual with like rail- 
road companies. 

§ 17. The corporate authorities of any town now incor- Towns nrd 
porated or that may hereafter be incorporated, situated at stclk. '""^ '''^'' 
either end or on the line of the railroad hereby contem- 
plated, or within two miles thereof, as the same may be 
surveyed and located, may order an election or elections to Election. 
be held in such town, by the legal voters thereof, upon the 
question whether such town, in its corporate capacity, will 
or will not subscribe to the capital stock of the said railroad 
company any sum, not exceding fifty thousand dollars. 
And. in case any such election shall beheld, the same shall 
be conducted as the town elections : Provided, that no less Noticeofe.-ec- 
than thirty days' notice of such election shall be given in *'°°- 
the manner now prescribed by law prior to the 'holding 
thereof. And if, at any such election, a majority of the 
voters voting shall be in favor of making such subscription, 
the provisions of the general laws relating to subscriptions 



158 RAILROAD COMPANIES — INCORPORATED. 

by counties or cities to the capital stock of railroad compa- 
nies shall apply to and govern the corporate authorities of 
such town in making such subscriptioDS, so far as the same 
Application of is applicable, and in all the subsequent proceedings rela- 

general laws, tiug thereto ; and the rights of such town against said com- 
pany shall be the same, with the like remedies to enforce 
such rights as the rights and remedies of counties in cases of 
county subscriptions. 
Guaranty capi- § 18. The Said corporation are hereby authorized to is- 

tai subscription g^^^ prefcrcd stock, guaranteeing such rate of interest, not 
exceeding ten per cent, per annum, or with such priority 
over the remaining stock of such corporation, in the pay- 
ment of dividends, as the directors of said corporation may 
determine. 

Default of pay. § 19. Said Corporation may maintain suits against 

'"™*' stockholders for the non-payment of capital stock or for any 

Suits iusiituted. other demands or claims against other persons in any coun- 
ty through which their road passes; and no stockholder or 
other person interested in the a&'airs of said corporation 
shall be incompetent to testify as a witness or act in any 
ministerfal capacity in any proceeding, legal or otherwise, 
where the said corporation may be a party. 
May borrow § 20. The Said Corporation is hereby authorized, from 

^°^^'^- time to time, to borrow such sums of money on the credit 

of the corporation as may be necessary for completing, fur- 
nishing or operating their said railroad, or for any other 
purpose connected therewith, at a rate of interest not ex- 
ceeding ten per cent., per annum, payable annually or 
semi-annually, and may execute bonds therefor, with in- 
terest coupons thereto annexed, and secure the payment of 
the same by mortgage on the whole or any part of their 
said railroad and corporate property, franchises and income 
of said corporation then existing or thereafter to be ac- 
Bondsmaybo quircd ; and may annex to said mortgage bonds the privi- 

capi'taf^t\)ck"'^° ^^S^ of Converting the same into the capital stock of the 

corporation, at par, at the option of the [holders of [?], such 

election to be signified in writing, to the corporation, at 

any time not exceeding live years from the date thereof. 

Payment of '^^^^ ^'^^^ bouds and interest may be made payable, either 

bonds. within or without this state ; and if the payment of the 

moneys thereby secured shall afterv\^ards be enforced by a 
sale of the property thus conveyed by mortgage, such sale 
shall convey to the purchaser or purchasers the right to 
liold and exercise the said franchises as fully as the same rigiit 
was possessed b}'' said corporation ; and in any case where 
the rolling stock, equipments and other personal property 
of said corporation, or any part thereof, shall be included 
in any mortgage, as aforesaid, the said mortgage shall be 
acknowledged by said corporation, in the same manner, 
and recorded as provided by law, shall be as binding upon 
the said corporation, and have the same force and efi'ect, in 



RAILROAD COMPANIES INCORPORATED. 159 

every respect, as if the same were upon real estate alone, 
any law of this state to the contrary notwithstanding. 

§ 21. That the directors of said corporation be and saie of bonds, 
they are hereby authorized to negotiate and sell the bonds 
of the said corporation, at such times and in sucli places, 
cither within or without this state, and at such rates and 
I'ur such prices as in their opinion will best advance the in- 
terests of the corporation ; and if such bonds are thus ne- 
gotiated or sold at a discount below their par value such 
sale shall be as valid and binding on the company, in ev- 
ery respect, as if they were sold or deposited at their par 
vahie. 

§ 22. The said company is hereby authorized to sell property in fee 
and convey, by deed, in fee simple, all lands, town lots or ^™p'e. 
other real estate belonging to or acquired by said corpora- 
tion or which may hereafter be acquired, by purchase, do- 
nation or otherwise, which, in the judgment of the board of 
directors, is not needed for the purposes of the corporation ; 
and all such conveyances shall be made in the corporate 
name and under the seal of said corporation. 

§ 23. The said corporation is hereby authorized and Bridge over 
empowered to construct, erect and maintain a bridge across ^'imois "ver. 
and over the Illinois river, at any point where their said 
railroad might strike the same, and, for that j)i-irpo8e, to 
construct and erect in said river all necessary abutments 
and piers, to keep up and support the said road and bridge : 
Provided, .that there shall be left and always kept open 
between two of said piers a space, embracing the main 
channel of said river, at the place of crossing, of sufficient 
width for the passage of steamboats and other craft navi- 
gating said river, with a draw so constructed as not mate- 
rially to obstruct the navigation of said river by steamboats 
and other craft navigating said river: Aoid, provided, fur- 
ther, that said bridge shall be used only for the business of special uae of. 
said railroad ; and the said company shall not be permitted 
to use the same or at any time to take or receive any tolls 
or compensation for the ordinary travel and passage of 
teams, persons or property over said bridge. 

§ 24. The board of directors of said railroad company construction 
shall have power and authority to provide, in their by-laws, divistons^^ '° 
if in their discretion they shall think proper to do so, for the 
construuctiouof said railroad, by divisions, and to construct 
those parts or portions only which its directors shall think 
most expedient for the interest of said company : Provided^ 
that the construction of no division shall be undertaken, 
as a division, until the sum of five thousand dollars per 
mile shall have been subscribed, bona fide, to such di- 
vision. 

^ 25. The said corporation is hereby authorized and Erect bridtre 
empowered to build, maintain and use a railroad bridge river, 
over that portion of the Mississippi river within the juris- 



160 KAILKOAD COMPANIES — INCOEPOKATED. 

diction of the state of Illinois, at a point opposite the city 
of Clarksville, Pike county, Missouri, or such point as may 
be necessary to intei'sect with any railroad chartered by the 
state of Missouri, through Pike county, in that state: Pro- 
vided^ that said bridge shall be constructed in such man- 
ner as not to obstruct or interfere with the free naviga- 
tion of said river, and to connect with said railroad in the 
state of Missouri, but the said company shall possess 
all the usual privileges of the general laws of the state. 
Towns and § 26. Any incorporated city, town or county, on or 

Btock."^"^^ ^^"^"^ Ji^^ar the line of said railroad, may subscribe to the capital 
stock of said company any sum, not exceeding two hundred 

Interest bonds, thousand doUars, and may issue bonds, in denominations 
of not less than one hundred dollars, bearing interest at the 
rate of not exceeding ten per centum per annum, payable 
annually, which bonds may run any period, not exceeding 
twenty years, to be determined on by the county court, 
board of supervisors, city council, town trustees or other 
proper authority issuing said bonds ; and the principal and 
interest of said bonds ma}'- be made payable, either within 
or without this state : Provided^ that before said stock shall 
Submitted to be Subscribed, an election shall be held in conformity with 

egai voters. ^^ ^^^^ .^ regard to ordinary city, county or town elec- 
tions, thirty days' notice having been given and returns to 
be made in the usual way, at which election a majority of 
the legal voters voting on that question shall have voted in 
favor of said subscription, and, to this end, the county 
court, board of supervisors, city council, town trustees or 
other proper authority may, from time to time, order elec- 
Taxtopayin- tioiis, Specifying the amount proposed to be subscribed; and 

teiest. g^gjj^ g^^y^ town or county is hereby authorized and required 

to assess and levy a sufficient tax to 23ay the interest accru- 
ing on such bonds and the principal of the same when duo, 
which tax shall be assessed, levied and collected in the same 
manner as other taxes are by law required to be assessed, 
levied and collected. 

Townsiiipumay § 27. That any township now or hereafter organized 

Mke stock. under the townsliip organization law of this state, which 
may be situated on or near the road of the said railroad or 
of any branch of said road, is hereby authorized to sub- 
scribe to the capital stock of said company in any sum not 
exceedincr lifty thousand dollars for each township : Provi- 
ded^ no such subscription shall be made until the question 
has been submitted to the legal voters of the township in 
which the subscription is proposed to be made, at a regular 
or special election, to be held in the manner hereinbefore 
provided. 
Payment of in- § 28. Whenever any suit may be instituted by said 

Bti\iiment.s. company, in any court having jurisdiction, for the purpose 

Suits Instituted, of recovering any of the several installments of the capital 
stock of said company, and it becomes necessary to prove 



KAILROAD COMPANIES INCOKPOftATED. 101 

notice of the falling due of such iustalhnent, a copy of the 
pubiicatiou of such notice, lua le aad certified by the pub- 
lisher of any nep8pa[)er in the county in which such suit is 
instituted, (or in case no such newspaper shall be published 
in said county, in the nearest newspaper to said county), 
shall be deemed sufficient and conclusive evidence of the 
service of such notice upon each and every subscriber to 
such capital stock of said railroad. 

§ tld. That as soon after the approval of this act as may Duties oft e 
be deemed advisable, the commissioners herein named shall °'^™''"' °^^^^' 
meet at such time and place as a majority of them may 
elect, and adopt such plan of operation, in relation to secu- 
ring subscriptions, as may be consistent witli this act ; and 
they shall, also, have power to cause to be made such pre- 
liminary surveys of the proposed railroad route as herein 
authorized. 

§ 30. Said corporation shall transport fire-wood and Transportation. 
fuel, of every description, over its railroad, whenever the 
same shall be offered for transportation, at rates as low as 
the rates said company shall charge for the transportation 
of other freights of a similar class. 

§ 31. This act shall be deemed a public act, and shall 
be favorably construed for all purposes herein expressed 
or declared, and shall be in force from and after its pas- 
sage. 

Approved March 25, 1869. 



AN ACT to incorporate the Pana and Louisiana Railroad Company. In for^e Starch 

^ ^ •' lu, 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General AssemMy^ That Isaac corporators. 
D. Vedder, Wm. 11. Ellis, James W. Gregory, S. B. Steed- 
ley, Linus E. Worcester, David Pierson, H. L. Clay, George 
W. Sheffield, A. A. Cooper, Jona Plowman and their asso- 
ciates, successors and assigns, be and they are hereby cre- 
ated a body politic and corporate, by the name and style 
of "The Pana and Louisiana Hailroad Company," with Name and style. 
perpetual successi m ; with power to sue and be sued, plead 
and be impleaded, in any court of law and equity in this 
state ; with power to build a railroad and run and maintain 
the same, witli single or double track, from the city of Pana, 
in the county of Christian, state of Illinois, on the most 
practicable route, to a point on the Mississippi river oppo- 
site Louisiana, in Pike county, in the state of Missouri. 

§ 2. That the several counties, cities, towns and villages, , counties and 

4.1 I I • I -J J 1 11 1^-1 towns may take 

through or near which said road shall pass, may subscribe stocir. 
for and take stock in this company : Provided^ that no such 
Vol. Ill— 21 



162 RAILROAD COMPANIES INCORPORATED. 

subscription shall be made, unless a majority of the legal 
votes cast at an election vf said county, city, town or vil- 
lage, shall vote for the same, at an election to be held under 
an order of the county in cases of counties, and of the cor- 
porate authorities in cases of towns, cities and villages : 
And, provided, also, that at least thirty days' notice of such 
election shall have been given — such notice to specifiy the 
amount to be so subscribed, and that it would be voted 
upon at said election. 

Eight of way. § 3. This Company is hereby authorized, for the pur- 
pose of procuring the right of way to said road, to proceed 
under the general laws concerning the procuring the right 
of way now in force or hereafter to be in force. 

Special powers. § 4. That all the rights, privileges, advantages and 
powers conferred ui3on the St. Louis, Jacksonville and Chi- 
cago Kailroaci Company, so far as applicable, are hereby 
conferred upontlie Pana and Louisiana Hailroad Cornpauy, 
with the same regulation in elections, in relation to organi- 
zation and election of officers. 

§ 5. This act shall be construed liberally, and shall be 
deemed a public act, and be in force from and after its 
passage. 

Appkoved March 10, 1869. 



Ii^ ^"'■^'^^P'^il AN ACT to incorporate the Pekin and Mississippi Railroad Company. 

Section 1. £e it eiiaoted by the People of the State of 
Illinois, represented in the General Assembly, That Wil- 

corporators. jiani H. Smith, J. O. Cunningham, B. F. Prettyman, Ties 
Smith, C. R. Griggs, and their associates, successors and as- 
signs, are hereby created a body corporate ar.d poliiic, un- 

Name and style eler the name and style of "The Pekin and iy.ississippi 
Railroad Company," with perpetual succession ; and, under 
Corporate pow- that name and style, shall be capable of suing and being 
seed, pleading and being impleaded, defending and being 
defended against, in law and equity, in all courts and places 
whatsoever, in like manner and as fully as natural persons ; 
may make and use a common seal, anil alter and renew the 
same at ph-asure; and, by their corporate name and style, 
shall be capable, in law, of contracting and being contracted 
with; shall be and are hereby vested with all the powers 
and privileges, immunities and franchises, of receiving and 
disposing of real and i)ersonal estate, which u)ay be need- 
ful to cai-ry into full cliVct the purposes and objects of this 
Location and j^et. And said comt)any is hereliv authorized and einpow- 

constriictlou of i - i . .1 i i. i i .. i • 

road. ered to lt)cate, consti-uci and ciim[)letc a railroad, extending 

Irom the city of Pekin, in the county of Tazewell, state of 



RAILKOAD COMPANIES — INOOKPORATED. 163 

Illinois, to the city of Rock Island, in the county of Rock 
Island, stare of Illinois, and also from the city of Pekin to 
the city of Quincy, in tlie county of Adams, state of Illi- 
nois, or to any point on the Mississippi river, between said 
cities of Rock Island and Qairicy, that may be selected by 
said company, runnintr by the most direct and eligible Route of road, 
route alon<r the line so selected for the location, construction 
and completion of the said railroad. And said company 
may construct said road or roads, with one or more tracks, 
and shall beo-in the construction of the same within eiijht 
(8) years and complete the same within hfreen (15) years 
from the pa8sao;e of this act. Said company shall have the 
power to locate and construct a road upon any other route 
than connec'irig the above named points by such location, 
as may be deemed best for the interest of said comjiany : 
Provided, that if any incorporatod town or city in the line Change route, 
of said route shall refuse or neglect to subscribe a just and 
erpial amount towards securing: the building of said road, 
then, in that case, the directors of said company shall have 
the power, to be exercised in their discretion, so to change 
the route as not to run through the incorporated town or 
city so refusing or neglecting to subscribe: Frovided, that 
the directors of the division in which such incorporated 
town or city may be shall have the sole power of deter- 
mining as to the sufficiency of such subscription: And^pro- 
mded^ further^ that no such power shall be construed to be 
poss^essed by the directors when the county or township 
in which such incorporated town or city may be shall have 
subscribed, or shall before such change in route is made, 
subscribe to the capital stock of said company a sum not 
less than one hundred thousand dollars. 

§ 2. The ca])ital stock of said company shall be one Amount capital 
million dollars, and may, by a vote of a majority of the ^^'^^^' 
stockholders, according to shares, at a regular or special 
meeting called for that purpose, be increased to five million 
of dollars, to be divided into shares of one hundred dollars 
each. 

§ 3. The immediate government and direction of said Businessman- 
company rJiall be and is hereby vested in five ( 5) directors, lott ^^ 
who shall be chosen by the stockholders of said company 
in the manner hereinafter provided for, and who shall hold 
their offices for the period of one year after their election 
and until their successors shall be elected and qualified ; 
and the said directors, a majority of whom shall constitute a 
quorum for the transaction of all business, shall elect one officers chosen. 
of their number president of the company, and shall have 
power to elect or appoint such other ofiicers as they may 
deem proper, but no person shall be a director who shall 
not at the time of his election be a stockholder; and each 
stockholder shall, in all elections or votes by stockholders, 
be entitled to cast one vote for each share of the stock held 



16 i RAILROAD COMPANIES — INCORPORATED. 

by him, such vote to be cast either in person or by proxy, 

and under such regiulafions as tlie board of directors may 

Vacancies, how prescribe; and vacancies in the board of director^ may be 

filled. tilled by tiie remaining directors, a majority vole in bis fa- 

vor being required to elect, such appointees to continue in 
ofiice until the next annual election of directors, which said 
annual election shall be held at such time and place as may 
be designated by the by-laws of said company, sixty days' 
printed notice being given by at least four publications in 
at least two newspapers printed and published along the 
line of said road, 
openbooksfor § -i. The pcrsons named in the first section of this act 

Bubscription. ^^^ hereby appointed commissioners and hereby authorized 
to open subscription books for said stock, from time to time, 
in each of the cities, incorporated towns and townships 
along the route of said road, first giving ten days' notice of 
the time and place thereof, by publication in the newsjiaper 
published nearest thereto, 
construction § 5. The Said company shall have power to locate, 

of railroad. coiiStruct, equip, furnibh, and maintain and operate a rail- 
road, as aforesaid, with all the necessary tracks, side track?, 
turnouts, switches, depots, stations, and all other necessary 
buildings, structures and erections, and, for this purpose, 
they are hereby vested with all the power necessary for 
the purchasing, taking, holding, selling and transferring 
property, real and personal, the same as natural persons, as 
the board of directors may deem necessary to carry out this 
act. 

Right of way. § 6. For the purpose of acquiring the right of way for 
the construction and maintenance of said railroad, side 
tracks, turnouts and ground for depots, stations, erections 
and structures, and for the purpose of obtaining stone, 
gravel and other material for building, ballasting or re- 
pairing said road, and of obtaining a right of way to said 

Condemn land, material, the said company be and is hereby authorized and 
empowered to take, condemn and use the same, under the 
provisions of the general law now in force or which may 
hereafter be in force providing for the condemnation of 
land for purposes of internal improvement. 
May unite with § 7. The Said Company shall have power, hj and with 

other coadH. ^j^g consout, in Writing, of the owners of three-fourths of 
the capital stock of said company, to unite or connect itself 
with any other railroad company in this st-ate, upon such 
terms as may be mutually agreed upon b(.^tween tlie com- 
panies so uniting or connecting, and, for that jiurpoee, full 
power is hereby given to said company to make and execute 
such contracts witli any other company as will secure the 
object of such union or connection ; and the said company 
may, furthermore, lease or purchase, upon such terms as 
may be agreed upon, any other road or parts of roads, either 
wholly or partially constructed, whicli may constitute or be 



EAILEOAD COMPANIES INCORPOKATED. 16o 

adopfed as part of their railroad ; and by Biich lease orpnr- 
cliatje they shall acquire and become vested with all the 
ri^ihtsand t'rancliises pertaining to such road orpait of road 
so leaded or purchased, in the right of way, maintenance 
and construction and operation thereof. 

§ 8. The said company is hereby authorized, from time May borrow 
to time, to borrow such sum or sums of money as may be °^^^®>'- 
necessary for the completing, equipping, operating and 
nuiintaining their said railroad, and to issue and dispose of issue boDds. 
the bonds, at such rate of interest, not exceeding ten per 
cent., and at such discount as may be thought best for the 
beneiit; of the company, and to mortgage their corporate 
])roperty and franchises, to secure the payment of any debt 
contracted by said company, for the purpose aforesaid ; and 
any such bonds that may be sold or disposed of at a less 
rate than par shall be as valid and binding up 'ii said com- 
pany as if the same were sold for the par value thereof. 

§ 9. The right of way and the real estate for the right compeneation 
of way and for the purposes aforesaid, purchased or ac- for "ght oi way 
quired by said company, whether by assignment or other- 
wise, or which shall become the property of the company, 
shall, upon the payment of the money agreed or adjudged 
to l)e paid to the owner or ow-ners of the same, as compen- 
sation for the same, become the property of the company, 
in fee simple. Whenever it shall be necessary for the con- 
struction of said railroad to intersect or cross the track of any 
oiher railroad or river, stream of water, water course, road 
or highway, on the route of said road, it shall be lawful for 
the c<.»mpany to construct their road across or upon the 
same: Provided^ that tlie said company shall restore the 
said railroad, river, stream of water, water course, road or 
highway, intersected or crossed, sufficiently near to its for- 
mer state, so as not to materially impair its usefulness. 

§ 10. To further aid in the construction of said road by {Corporate snb- 

• \ • i_ 1 i i 1 • • scriution. 

said company, any incorporated town, or township in coun- 
ties acting under the township organization law, along the 
route of said road, may subscribe to tlie capital stock of 
said company in any sura not exceeding one hundred and 
lifty thousand dollars, 

§ 11. No such subscription shall be made until the igc^ai^volei^a'^ ^^ 
question has been submitted to the legal voters of such in- 
coi'porated town or township in which the subscription is 
proposed to be made ; and the clerk of each of said towns 
or townships is hereby required, upon the presentation of a 
petition, si<;ned by at least ten citizens, who are legal voters 
and tiixpayers of such town or township, for which he is 
clerk, and in which petition the amount ])roposcd to be 
subscribed shall be stated, to post up notices in at least .Notice of eiec- 
tliree public places in each town or township, whicli notice **''°' 
s!iall be posted up not less than thirty days betore the day 
of holding such election, notifying the legal voters of said 



166 EAILEOAD COMPANIES — INCOEPOKATED. 

town or township to meet at the usual place of holding elec- 
tions in such town or township or some other convenient 
place tiamed in such notice, for the purpose of voting for or 
a.gainst such subscription. 
Who may sub- § 12. If it shall appear that a majority of all the legal 

sen e stoc . y^ters of Said town ortownship, voting at such election, have 
voted "For subscription" it shall be the duty of the presi- 
dent of the board of trustees or other executive officer, if an 
incorported town, and ot the supervisor in townships, to 
subscribe to the capital stock of said railroad coinpany, in 
the name of such town or townships, the amounts so voted 
to be subscrihed, and to receive from said company the 

Issue bonds, proper ceriilicate therefor; he shall also execute to said 
company, in the name of such town or township, bonds, 
bearing interest at ten per cent., per annum, which bonds 
sliall run for a term of not more than twenty years, and the 
interest on the same shall be made payable annually; and 
which said bonds shall be signed by such president, execu- 
tive officer or supervisor, and be attested by the clerk of 
the town or townsbip in whose name the bonds are issued ; 
and it shall be his duty to make a record of the issuing of 
said bonds. Said bonds shall be delivered to the president 
or secretary of said company, f)r the use of said company; 
and when any city or county shall vote to make subscrip- 
tion, as aforesaid, the chairman ol' the board of supervisors 
of such county and the mayor of such city shall be required 
to subscribe to the capital stock of said company the amount 
so voted. 
Duties of the § 13. It shall be the duty of the clerk of any such town 

county cieik. ^^^ towuship in which a vote shall be given in favor of sub- 
scription, within ten days thereafter, to transmit to the 
county clerk of tlieir respective counties a transcript or 
statement of the vote given and the amount so voted to be 
subscribed and the rate of interest lo be paid : Provided^ 
that when elections shall be held and bonds issued, as atbre- 
Buid, it shall be the duty of the clerk of such town or town- 
ship to tile with the county clerk of their respective C(Uinties, 
within ten days after the issuing of said bonds, certificates of 
the amount of bonds issued and the rate of interest payable 
thereon. 
Duuea of the g 14-. It shall be the duty of tlie county clerk of said 

towns ipceri. ^._ ^^^^1-^,^ annually, after the execution and delivery of said 

bonds aforesaid, to compute and assess upon all taxable pro- 

])i'rty returned by the assessor of such town or township 

Tftxtopayin- a suiH sutHcicnt to pay ihe interest and cost of collection 

torest. j^,,(\ disbursement upon all bonds so issued liy the respective 

towns or townships, which tax shall be extended upon the 
collector's books as other taxes are, and collected in the 
same manner that other taxes are collected, and, when col- 
lected, shall be paid to the treasurer of the county ; and 



RAILROAD COMPANIES — INCOftPOEATED. 1G7 

Buch town or township shall, when providing for the levy- 
iiio; and collecting of other taxes, also a&sess upon tue 
prcpertj of sucli town or township any rate, nut exceeding 
three per cent, in any one year, upon tiie assessment, to pro- 
vide a fund for the payment of the interest on said bonds 
when it shall become due and for the redemption of the 
principal of such bonds, as or when they may become due 
— said tax to be levied and collected as other taxes are, and 
paid to the county treasurer; but no tax shall be compuied, 
at-sessed or collected, or any interest paid, to be applied 
upon said bonds, unless such bonds have been executed 
and delivered, 

§ 15. It shall be the duty of the county treasurer to pay Duties of the 
out, on the presentation to him of the bonds issued by any ""'"'^ reasuier 
such town or township, as aforesaid, the amount due upon 
such bonds for interest and also for principal, when any tax 
shall be assessed and collected to pay principal, of any 
money in his hands tor that purpose, and indorse such pay- 
ment of interest or partial principal upon the bonds ; and 
when such bonds shall be redeemed or paid he shall re- 
ceive and cancel the same and return the same to the said 
president or snvervisor, who shall destroy the sanje in the 
presence of the clerk of such town or township, who shall 
make a record of the transaction. The town collector and compensation, 
county treasurer, in towns or cities which subscribe to said 
capital stock, shall receive the same per centage, for receiv- 
ing and disbursing said funds, as they now receive in col- 
lecting and disbursing the school fund. 

§ 16. At all elections for officers and in all questions supervisor to 
voted on by the stockholders of said company, tiie presi- ^^^^^^^''°^^- 
dent or supervisor of such towi! or townships which fchall 
have subscribed to such stock, shall represent and cast the 
vote which said stock is entitled to cast, unless said town 
■or township shall appoint some other person to perform 
said duty. 

§ 17. The immediate supervision and raanae-ement of Dirmors to 

.1 , ,. x- -J •! 1 1 11 1 1 , -, manage affairs. 

the construction oi said railroad shall be under the control 
■of the directors or such persons as they may designate ; 
and said directors shall have power to call in stock sub- 
scriptions, as the same become payable, and expend the 
procee<ls of such subscription in the construction of said 
load, and shall keep records of their proceedings. 

§ 18. No stockholder, whether corporate or natural Liability of 
person, shall be otherwise liable under his or their sub- '^°'^''°"^^"' 
ecription of stock than for the amount of their resrective 
subscriptions of stock to said company and accordin^^ to the 
culls ot the directors, under the conditions hereinbefore 
provided. 

§ 19. Said corporation shall transport fire-wood aiid u^Zno!^ 
fuel, of every description, over its railroad, whenever the 
same shall be offered for transportation, at rates as low as 



168 KAILKOAD COMPANIES INCOKPOKATED. 

the rates said company shall charge for the transportation 
of other freights of a similar class. 

§ 20. Tins act shall be deemed a public act, and shall 
be m force from and after its passage. 

Appkoved April 9, 1869, 



fn 'force March 
15, 18-9. 



AX ACT to incorporate the Peninsular Railway Company. 



Preamble 



Whereas the Port Huron and Lake Micliigan Railroad 
Company, uf the state of Micliigan, the PLjnmeular Rail- 
road Company, of the state of Michigan, and the Peninsu- 
lar Railroad Company, of the state of Indiana, have com- 
menced the construction uf a continuous and connected 
line of railroad from the city of Port Huron, on the iSt. 
Clair river, in the state of Michigan, and pa-ising south- 
westerly through the cities of Lapeer, Flint, Lansing and 
Battle Creek, and the villages of Schoolcraft and Cassopo- 
lis, in the state of Michigan, and through Mishawaka, South 
Bend, Laporte and Valparaiso, in the state of Indiana, to 
some point on the state line between the states of Indiana 
and Illinois, in the direction of Chicago, and desire to con- 
tinue the same from such state line to and into the city of 
Chicago : therefore, for the purpose of enabling said com- 
panies to form a continuous line to and into the city of 
Chicago, as aforesaid. 

Section 1. Be it enacted hy the Peovle of the State of 
Illinois^ 7'eprese7ited in the G en er at Assembly, That "William 
L. Brancroft, ttie secretary and treasurer of the Port Huron 
and Lake Michigan Railroad C<-'mpany, Leonidas D. Dib- 
ble, the president of the Peninsular Raihvay Company, 
Thomas S. Stanheld, the president of the Peninsular Rail- 
road Company of Indiana, Samuel J. Anthony, of Yalpa- 
raiso, Indiana, C. Gr. Dyer, of Chicago, and Jacob Rhem, 
of Chicago, and their associates, successors, heirs and 
assigns, be and they are hereby created a body politic and 
corporate, by the name and style of "The Peninsular Rail- 
way Company," with perpetual 8UCce!:^sion ; and, by that 
Corporate pow- iiaiiK', be and are hereby made capable, in law and equity, 
^^^' to sue and be sued, plead and be impleaded, defend and 

be defended, in any court of law and equity in this state or 
any other place; to make and use a common seal, and the 
same to alter or renew at pleasure ; and shall be and aer 
hereby vested with all powers, privileges and immunities 
which are or may be necessaiy to carry into eflect the pur- 
poses and objects of this act, as hereinafter set forth ; and 
said conij any are hereby authorized and em})Oweied to 
locate, construct, complete and operate a railroad, from the 



</orporator8. 



Name and style. 



KAILROAD COMPANIES — INOOBPORATED. ICU 

line between the states of Indiana and Illinois, at a point Routs of road, 
in Cook county, Illinois, to be hereafter selected by said 
company, to and into the city of Chicago — said railroad to 
be laid out and constructed upon the most eligible route 
between the points above named. And, for this purpose, 
the said company are authorized to lay out and locate their 
said road, with any gauge to be selected by them, and to 
change said gauge at pleasure, through the whole length of 
said route ; and, for the purpose of cutting, embankments, 
stone and gravel, may take and appropriate as much more 
land as may be necessary for the construction and security 
of said road. 

§ 2. The capital stock of said company shall be two Amonut capita. 
million dollars, which may be increased to any amount not ^^°'^^' 
exceeding tive millions of dollars, to be divided into shares 
of one hundred dollars each. All of the corporate powers powers of the 
ol said company shall be vested in and exercised by a board ^lirectors. 
of seven directors, who shall be chosen b}^ the stockholders 
of said company in the manner hereinafter provided, who 
shall hold their offices for one year, or until their succes- 
sors shall be elected and qualified ; and said directors, a 
majority of whom shall form a quorum for the transaction Quoinm to do 
of business, shall elect one of their number to be the ^''i'*'^^^-^- 
president of the company ; and said board of directors shall 
have power to appoint and provide for the appointment of 
all necessary clerks, secretary, treasurer, and all other offi- 
cers deemed necessary in the transaction of the business 
of said company. 

§ 3. The said corporation is hereby authorized, by Examinations 
their agents, engineers and surveyors, to cause such exami- and surveys, 
nations and surveys to be made of the ground and the 
country as shall be necessary to determine the most desira- 
ble route whereon to construct their said railroad ; and it 
shall be lawful for said company to enter upon and to take May take lauds. 
possession of and use all such lands and real estate as will 
or may be necessary for the construction and maintenance 
of the said railroad, its depots, side tracks, w'ater stations, 
engine houses, machine shops, and other buildings and 
appendages necessary to the construction and operation of 
said railroad : Provided, that all lands or real estate entered 
upon and taken possession of by said corporation, for the 
purpose and accommodation of said railroad, or upon which 
the site for said railroad shall have been located or deter- 
mined by said corporation, shall be paid for by said com- t'ay damage 
pany in damages, if any be sustained by the owner ur owners ^^'^ ^^^'^ ^^^^''' 
thereof by the use of the same for the purposes of said rail- 
road ; and all lands entered upon and taken for the use of 
said corporation, which are not donated to said company, 
shall be paid for by said corporation, at such times as may 
be mutually agreed upon by said corporation and the owner 
or owners of such lauds ; and in case of disagreement, the 
Vol. Ill— 22 



170 RAILROAD COMPANIES — INOOKPORATED. 

price shall be estimated, fixed and recovered in the manner 
provided by the general laws now in force, or which may- 
hereafter be in force, providing for the condemnation of 
Aimaai meet- lands for purposes of internal improvement. 

ing of directors. g ^ fjl^jj {{u^q of holding the annual meeting for the 
election of directors shall be fixed and determined by the 
by-laws of eaid company ; and, at all meetings, each stock- 
holder shall be entitled to vote, in person or by proxy, 
one vote for each share of stock he, she or they may hold, 
bona fide, in said company, upon vphich all installments 
Subscription called have been paid. 

«apteto''ck.'*' § S- Tlie persons named in the first section of this act 
are hereby appointed commissioners, who, or a majority of 
them, are hereby authorized to open or cause to be opened 
subscription books for the stock of eaid company, at such 
time and place as they may think proper, and also to ap- 
point one or more agents to open such books and to receive 
such subscriptions; and whenever twenty-five thousand 
dollars shall be subscribed, said commissioners, or a ma- 
Meetine of joritv of them, shall call a meetino; of the stockholders, by 

stockholders. -^ . . •' ^ ' , , ,. . " .',."' 

giving twenty daj^s notice m some newspaper printed in 
the city of Chicago, or by personal notice served upon each 
of the stockholders, of the time and place of such meeting, 
at least ten days previous to the time of such meeting ; 

boai^d^ oTdirec- and at such meeting it shall be lawful for the stockholders 

*'°'®- to elect the directors of said company, and to transact any 

other necessary business; and when the directors are chosen, 
eaid commissioners shall deliver said subscription books, and 
all other property belonging to said company, to said di- 
rectors. Ko person shall be a director unless he shall be 
Powers of the a bond fide stockholder in said company. 

direciois. g ^.^ ipj^^ directors of said company, after the same is 

so organized, are hereby authorized and empowered to take 
and receive subscriptions to their said capital stock, on such 
terms and in such amounts as they may deem for the 
interests of said company, and as they may prescribe by 
their by-laws and regulations, from any person or persons, 
and also from any other railroad or corporation, and from 

Sight of way. any county, town, city or village making the same. 

§ 7. That the right of way, and the real estate pur- 
chased for the right of way or other purposes, by said com- 
pany, whether by mutual agreement or otherwise, or wliich 
shall become the property of said company by operation of 
law^, as in this act provided, shall, upon payment of the 
amount of money belonging to the owner or owners of said 
lands, as a compensation for the same, become the property 
Propelling of Said Company, in fee simple. 

^°^"' § 8. Said corporation may take and transport on said 

railroad any person or persons, merchandise or other pro- 
perty, by the force and power of steam or animals, or any 
coinbination of thorn, and may fix, establish, take and re- 
ceive such rates of toll for all passengers and property 



EAILEOAD COMPANIES — mCOEPOKATED. 171 

trausported upon the same, as the directors shall, from time Hates of ton. 
to time, establish or authorize to be established; and the 
directors are hereby authorized and empowered to make all RuieBforgov- 
necessary rules, by-laws, regulations and ordinances that ^■"'i™'^'^'- 
they may deem necessary and expedient to accomplish the 
designs and purposes and to carry into eiiect the provisions 
of this act, and for the transfer and assignment of its stock, 
which is hereby declared personal property, and for the for- 
feiture thereof for non-payment of calls thereof; which 
stock shall be transferable in such manner as shall be pro- 
vided by the by-laws and ordinances of said company. 

§ 9. In case of the death, resignation or removal of the vaeaEey, how 
president, vice-president or any director, or of neglect or *"^'^- 
refusal to act as such, at any time before the annual election 
of such officer or officers, or directors, such vacancy or va- 
cancies shall be filled for the remainder of the year, when- 
ever they may happen, by the board of directors, or by such 
of them as remain or continue to act as such ; and in case Absence of the 
of the absence of the president and vice-president, the p''^^"^®"*. 
board of directors shall have power to appoint a president, 
pro tempore, who shall have and exercise such powers and 
functions as the by-laws of said corporation may provided ; 
and in case it should at any time happen that an election 
shall not be had or made on any day on which, in pursu- 
ance of the provisions of this act, it ought to be had or 
made, the said corporation shall not lor that cause be 
deemed dissolved, but such election shall be held at any 
other time directed by the by-laws of said corporation. 

§ 10, Whenever it shall be necessary, for the construe- Right to intei- 
tiou of said railroad, to intersect or cross a track of any ''®^'' ''*^''''^'^" 
other railroad, or stream of water or water course, or to 
intersect or cross, or locate upon, any road or highway, on 
the route of said railroad, it shall be lawful for said com- 
pany to construct their railroad across or upon the same : 
Provided^ that the said company shall restore the railroad, 
stream of water, water course, road or highway thus used 
to its former state, as near as may be, and in such and suffi- 
cient manner as not materially to impair its usefulness. 

§ 11. Said company shall have power, and it is hereby oonsoiwation 
made lawful for said company, by and with the consent of °^ ^°^^^' 
the owners of not less than three-fourths of the capital 
stock of said company, to unite or consolidate its railroad 
with any other continuous line of railroad or railroads now 
constructed or being constructed, or which may hereafter 
be constructed, within this or any other state or states, or 
to make and enter into business arrangements with any 
other such company or companies, upon such terms as may 
be mutually agreed upon between said company and any 
other company or companies ; and, for that purpose, full Execution or 
power is hereby given to said company to make and exe- *'°'^'''^'''^- 
cute such contracts with any other company or companies 



1V2 RAILEOAD COMPARES — INCORPOBATED. 

as will secure the objects of such connection or consolida' 
tion. 
May borrow § 12. That the Bald raih'oad company, by this act incor- 

money. poratcd, shall have power to borrow money on the credit of 

the company, to any amount not exceeding its authorized 
capital stock, at a rate of interest not exceeding ten per 
centum per annum, payable annually or semi-annually, and 
may execute bonds therefor, with or -without interest cou- 

Payment sbciir- pons thereto annexed, and to secure the payment of the 
y mor gage. ^^^^^ -^^ mortgage on the whole, or any part thereof, of said 
railroad, property, franchises and income of the company, 
then existing or thereafter to be acquired, and may annex 
to said n^ortgage bonds the privilege of converting the same 
into the capital stock of the company, at par, at the option 
of the holders, at such time and on such terms as shall be 
therein provided. 

!5aie of bonds. g i3_ That the directors of said company be and they 
are hereby authorized to negotiate and sell the bonds of 
said company, or to cause and authorize the sanie to be 
done, at such times and places, either within or without this 
state, and at such rates and for such prices as, in their 
opinion, will best advance the interests of the company ; 
and if such bonds are thus negotiated or sold at a discount 
below their par value, such sale shall be as valid and bind- 
ing on said company, in every respect, as if they were sold 
or disposed of at their par value. 
secmity for S 14. That Said company, in securing- the payment of 
' said bonds by a mortgage on the road, property, franchises 
and income of the company, shall have power to execute 
a mortgage, [aa] aforesaid, to secure the payment of the 
full amount of bonds which the company may, at the time 
(of) said mortgage bears date, or at any time thereafter, 
desire to sell or dispose of, and may execute and sell, from 
time to time, such amounts of said bonds, and of such 
dates, and payable to such persons, as the directors of said 
company may deem advisable, till the whole amount of 
bonds mentioned in said mortgage is executed and sold ; 

Mor!-age valid, and the Said mortgage shall be as valid and elfectual to 

secure the payment of the bonds so executed and sold, and 

every part thereof, as if the same, and every part thereof, 

had been executed with even date with the said mortgage. 

Anicies offered § 15. Said Corporation siiall transport Hrewood aud fucl 

.ioa. ""^'^°'""'" of every description over its railroad, whenever the same 

shall be otfered for transportation, at rates as low as the 

rates said company shall charge for the transportation of 

other freights of a similar class. 

cor.strnction of ^ ^6. That tliis act shall be deemed a public act, and is 

"''• hereby so declared, and shall be lavorably construed for all 

When act to purposcs herein expressed and declared, in all courts and 
places whatsoever, and shall be in force from and after its 
passage. 
Appkoved March 15, 18G9. 



HAILKOAD COMPANIES — INOOBPORATED. 1*73 



AN ACT to incorporate the Peoria, Atlanta and Decatur Railroad Company, in force March 

1, 1869. 

Section 1. Be it enacted by the People of the State of 
Illinois^ represented in the General Assembly^ That William corporators, 
R. Hamilton, Valentine Dewein, John T. Lindsay, Robert 
G. IngersoU, Seth Talbott, A. N. Dills, H. Arming-ton, W. 
S. Dunham, J. 0. Prescott, Thomas Smith, Fielding J^J. 
Ewing, James Millikeu, J. J. Peddecord, their associates, 
successors and assigns, are hereby created a body politic 
and corporate, under the name and style of "The Peoria, Name and style 
Atlanta and Decatur Railroad Company;" and, by that 
name, be and they are hereby made capable, in law and in corporate pow- 
equity, to sue and be sued, plead and be impleaded, defend ®'^- 
and be defended, in any court of law or equity in this state 
or elsewhere ; to make, have and use a common seal, and 
the same to renew and alter at pleasure; and they are here- 
by authorized to make and publish all necessary rules, reg- 
ulations or by-laws, for the carrying out of the purposes in- 
tended by this act, and to alter and change the same at 
pleasure. 

§ 2. The capital stock of said company shall be one Amount capita! 
hundred thousand dollars, which may be increased by said *^°'^^- 
company to any sum not exceeding two million dollars, 
which may be divided into shares of one hundred dollars 
each, which shall be deemed personal property, and may 
be issued and transferred in such manner as the board of 
directors may prescribe. 

§ 8. The corporation hereby created shall have power Loeatiou and 

, , , r> • 1 , , • 1 • ^ 1. • 1 1 construction of 

to locate, furnish, construct, maintain and operate a railroad, road, 
with one or more tracks, commencing at Peoria, in the 
county of Peoria, in the state of Illinois, to run from thence 
southerly to Atlanta, Logan county, Illinois, thence, in the 
same direction, to Decatur, in Macon county, Illinois, on 
such line as may be designated by the board of directoi's, 
and with all necessary sidetracks, turnouts, switches, depots, 
stations, and all necessary buildings, erections and struct- 
ures ; and, for this purpose, they are hereby vested with all 
the powers necessary for the purchasing, taking, holding 
and selling and transferring property, real and personal, as 
natural persons, as the board of directors may deem neces- 
sary to carry out the objects of this act. 

§ 4. For the purpose of acquiring the rights of way for Kigiitof way. 
the construction of said road, sidetracks and turnouts, and 
grounds for depots, stations or other buildings, erections 
and structures, and for the purpose of obtaining stone, 
gravel and other material for building, ballasting or repair- 
ing the same, and of a right of way to said material, the said 
company be and they are hereby authorized and empow- 
ered to take, condemn and use the same, under the pro- 
visions of ''An act to amend the law condemning the right 



174 EATLKOAD COMPANIES — INCOEPOEATJED. 

of way for purposes of internal improvements," approved 
June 22, 1852, and all acts amendatory thereto. 
May connect § 5. Said Company shall have the power to uuite or con- 
with other roads j^qqj^ j|-g raih'oad With any Other continuous lines of railroad, 
constructed or which may hereafter be constructed in this 
state, upon such terms as may be mutually agreed upon be- 
tween the companies so uniting or connecting, 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 object of such connection ; and the said 
corporation may furthermore lease or purchase, upon such 
terms as may be agreed upon, any other roads or parts of 
roads, either wholly or partly constructed, which may con- 
stitute or be adopted as a part of their main line, and by 
such lease or purchase they shall acquire and become vested 
with all the rights and franchises pertaiuing to such road or 
part of road, so leased or purchased, in the right of way, 
construction, maintenance and working thereof. 
May borrow § 6. The Said companv is hereby authorized, from time 
™*^"*^^' to time, to borrow such sum or sums of money as may be 

necessary for the completing, equipping, furnishing and 
maintaining their said railroad ; to issue and dispose of the 
bonds at such rates of interest, and at such discount as may 
be thought for the benefit of the company, and to mortgage 
their property and franchises or convey the same by deed 
of trust, to secure the payment of any debt contracted by 
said company for the purpose aforesaid ; and the directors 
of said company may confer upon any bondholder of any 
bond issued for money borrowed, as aforesaid, and any such 
bonds that may be sold or disposed of at a less rate than 
par shall be as valid and binding upon said company as if 
the same were sold for par value thereof. 
Corporate pow- § 7. All the Corporate powers of said company shall be 
^'soard of di- ^csted in and exercised by a board of directors, to consist 
rectors. of not Icss than five nor more than eleven members, and 

such oflicers, agents and servants as they shall appoint. All 
vacancies in the board of directors may be filled by a vote 
of two-thirds of the directors remaining — such appointees 
to continue in office until the next annual election of direc- 
tors, which said annual election shall be held at such time 
and place as may be designated and fixed by the by-laws of 
said company — thirty days' printed notice given in two 
newspapers having circulation along the line of the said 
railroad. 
First election 8 g. TJie T^.ersous named in the first section of this act 

ol ciirectora . , ,, i ^ ,• . t ,. ■ ^ •• i i n 

shall be the first directors ot said corporation, and shall, re- 

spectiveU^ hold their office until their successors are elected 

and qualified. 
citTe°8"ma iTko § ^' JElcctions may be held by or in any city, incorpor- 
stock. ' ated town or township, situated on or near the line of said 

railroad, as the same may be surveyed or located hereafter, 



RAILKOAD COMPANIES — INOORPOBATED. 175 

upon the question whether such city, town or township shall 
donate to said company or subscribe for any specified 
amount in shares of the capital stock of said company. 
Thirty days' notice shall be given of time of holding such xoticeof eiec- 
elections;"and the elections shall be conducted in the mode *'°"- 
prescribed in " An act entitled an act supplemental to an 
act entitled an act to provide for a general system of rail- 
road incorporations," approved November 6, 1849, or in 
the mode prescribed in any other general law relating to 
such elections, or in the mode in which city, town or town- 
ship elections are usually conducted ; and if a majority of Dnties of the 
the votes actually cast at any such election shall be for sub- county courts, 
scriptiou, it shall be the duty of the county court, or board 
of supervisors where township organizations exist, or the 
corporate authorities of such county, city or town, or the su- 
pervisors of such township, to subscribe, without unneces- 
sary delay, upon request of said company, for shares of said 
capital stock, to the amount so voted, and to issue and de- 
liver to said company, without unnecessary delay, the same 
amount as the stock so subscribed of the bonds of such coun- 
ty, city, town or township, as the case ma}^ be, payable at 
any time specifiod in, not exceeding twenty years from their 
date, with annual or semi-annual coupons for not exceeding 
ten per centum interest, per annum, attached; which bonds "" 

and coupons may be made payable within or without the 
state, as said company may request; and the provisions of 
the above mentioned act, approved November 6, 184:9, ex- Application of 
cept such as are inconsistent with the provisions of this act, ciectiou law. 
shall apply to and govern every election referred to in this 
section, in getting up the elections and other matters con- 
nected with or growing out of such elections; but this act 
shall govern said elections as far as it is applicable to them : 
Provided^ that such bonds shall not be delivered to said 
railroad company nor any payment, be made on such sub- 
scription until an amount of work shall have been done on 
said railroad, in such town or on such part of the line of 
said railroad as the authorities of such city, incorporated 
town or township issuing such bonds shall designate, equal 
in value to the amount of bonds proposed to be issued. 

§ 10. It shall be the duty of such county court, board of Kcquesifoian 

*• . ., , •' , 1 . . '. , . election. 

supervisors, city or town corporate authorities or township 
clerks to order the holding of such elections, and give no- 
tice thereof, upon being requested so to do by fifteen of the 
legal voters of such county, city, town or township, as the 
case may be. 

§ 11. Whenever it shall be necessary, for the construe- intersectious. 
tion of said road, to intersect or cross a track of any other 
railroad or any stream of water or water course, or road or 
highway, it shall be lawful for said company to construct 
their said road across or upon the same: Provided, that said 
company shall restore the railroad, stream of water, water 



176 EAILROAD COMPANIES —INCOKPOEATED. 

course, or road or highway, thus intersected or crossed, to 
its former state, or in a manner not materially to impair its 
usefulness. 

§ 12, This act shall be deemed a public act^ and take 
eiFect from and after its passage. 

Approved March 1, 1869. 



in force Macli AN ACT to iacorporate the Peoria and Farmington Railway Companj. 

Section 1. JBe it enacted hy the People of the State of 
Illinois, represented in the General Assembly^ That Robt. 

coporatore. Boal, William Kellogg, George C. Bestor, Samuel Wilkin- 
son, George Stetson, and Amos C. Babcock, and John T. 
Lindsay, their associates, successors and assigns, be and 
they are hereby constituted a body corporate and politic, 

Nameand style under the name and style of "The Peoria and Farmington 
Railway Company," for the purpose of surveying, locating 
and constructing, completing and opening a railroad from 

Eouteofroad. Peoria cit}', in Peoria county, to the town of Farmington, 

in Fulton county, with authority to connect with any other 

road now completed or to be completed, upon a contract 

with any or all of said roads. 

condemuisnd § 2. Said compauy is hereby authoriz-^d to condemn, 

fornghtofway. ^q^. j.jg]^{; Qf -^r^j ajj(j depot grouuds, private property, for 
the location, construction and maintenance thereof; and 
the company is hereby authorized to take private property, 
fur the purpose of constructing and maintaining the same, 
in the manner prescribed by the general laws now in force 
or which may hereafter be in force, providing for the con- 
demnation of land for the purposes of internal improve- 
ment. 
Private prop- § 3. The Said Company shall have the right of way up- 

^ty^ mny be tr.- ^^^ ^j^^ j^^^ appropriate to its use and control, for the pur- 
poses and uses of said compan}^, any right of way or lands 
belonging to the state of Illinois, not exceeding two hun- 
dred ieet in width, whenever any such land may be situ- 
ated along said railroad, for its entire length, as well as 
along its branches. All such lands are hereby Ibrever 
granted to said company. 
May receive § 4. The compaiiy may receive donations and subscrip- 

gtfts, etc. tions to the capital stock of said company, and shall have 

power to sell and convey the same. 

ittiTtock"^"'"" § ^' The capital stock of said company shall be five 
hundred thousand dollars, and may be increased to one 
million of dollars ; but said company may organize when 
ten thousand dollars are subscribed and five per cent, 
paid in. 



RAILROAD COMPANIES INCORPORATED. 177 

§ 6. Any three of the above incorporators are auth)- open books for 
rized to open books and receive subscriptions to the capital ^" "*"'i^'''""- 
stuck of said cum[)any. 

§ 7. Said company may expend its road, if deemed ex- Extendroad. 
pedient, to any point on the Mississippi river or connect 
with any road now running to the said river, as hereinbe- 
fore specified. 

§ 8. The said company is authorized to issue bonds, issue bonds, 
give mortgages on their property, sell and dispose of such 
bonds and mortgages. 

§ 9. Said company is authorized to elect such officers as g^.f^a'^'^^^^^^'" 
they may deem necessary, use a common seal, and all such 
acts as may be necessary to conduct the atiairs of said 
company. 

§ 10. Said corporation shall transport firewood and fuel, Transportation 
of every description, over its railroad, whenever the same ^'^^^' 
shall be offered for transportation, at rates as low as the 
rates said company shall charge for the transportation of 
other freight of a similar class. 

§ 11. This act shall take effect and be in force from and 
after its passage. 

Approved March 27, 1869. 



AN ACT to incorporate the Quiney, Pittsfield, CarlinTille, Vandalia and 1° sT'^fQi^J^'"'^^ 
Mount Carmel Railroad Company. 

Section 1. Be it eiiactsd hy the People of the State of 
JUinois, represented in the General Aasembly^ That O. Corporators. 
C. Kiuner, B. M. Prentice and Charles Savage, of Adams 
County, Wm. A. Grimshaw and C. L. Hiirby, of Pike 
county, D. M. Woodson, of Greene county, William Mad- 
dox and Lewis Soloman, of Maconpin county, E. S. Kice 
and J. J. Piiillips, of Monttromery county, Frederick Re- 
man, L. T. Clawson, John P. VanDorston, and Wra. Wat- 
kins, of Fayette county, J. I. McCavvley, A. W. Bothvvell, 
Jl F. Cunningham, and Morris Brisenden, of Clay county, 
Wm. Curtis, of Edwards county, and J. 1^. Jacques, J. J. 
Lesher, Edward Kussel and Thomas Shannon, of Wabash 
County, be and are hereby constituted a body corjtorate and 
P'ljitic by the name and style of '-Quiney, Pittsfield, Car- Name and stylo, 
liiiville, Yandalia and Mount Carmel Railroad Company," 
with perpetual succession ; and, by that name and style, corporate pow- 
shall be capable, in law, of taking, purchasing, hold- 
inij, leasing. SL'lling and conveying estate and property, 
whether real or pei'sonal or mixed, so far as the same may 
be necessary for the purpose hereinafter mentioned ; and, 
in their corporate name, to sue and be sued ; to have a 
Vol. Ill— 23 



"VTo KAILKOAD COMPANIES — INCORPOKATED. 

common seal, which they may alter or renew at pleasure ; 
and may have and exercise all the powers, rights, privi- 
leges and immunities which are or may be necessary to 
carry into efi'ect the purposes and objects of this act as the 
same are hereinafter set forth. 

instruction of § 2. That Said company are hereby authorized and em- 

'°^'^' powered to locate end, from time to time, to alter, change, 

relocate, construct, reconstruct and fully finish, perfect and 
maintain a railroad, with one or more tracks, commencing 

Route of road, at the city of Quincy, in the county of Adams, and state of 
Illinois, thence, on the most practicable route, to be deter- 
mined by said incorporators or their successors in office, 
from said city of Quincy to Pittsfield, in Pike county — 
thence to Carlinville, in Macoupin county, thence to Hills- 
boro, in Montgomery county, thence to Vandalia and Fari- 
na, in Fayette county, ^thence to Flora or Clay City, in Clay 
county, thence to Mount Carmel, in the county of Wabash, 
and stale of Illinois — said route to be determined as afore- 
said ; and the said company are further authorized to use 
and operate said railroad, and shall have power and 
authority to regulate the time and manner in which goods, 
eitects and persmis shall be transported on the same, and 
to prescribe the manner in which said railroad sliall be used 

Rites of fare, aud the rate of toll for the transportation of persons or 
property thereon, and for the storage of merchandise or 
other property under their charge, and shall have power to 
provide all necessary stock and materials for the operation 
of said road, and shall have power to erect and maintain 
all necessary depots, stations, shops and other buildings and 
macbiner}', for the accommodation, management and opera- 
First board of tion of said road. 

§ 3. The persons mentioned in the first section of this 

act shall constitute the first board of directors, and shall 

organize the board within three years from the passjige 

Appointment of tliis act, by electing one <if their number president aud 

ofofflcere. j^^ appointing a becretary and treasurer ; and the directors 

present shall certify the said organization, under their 
hands, which certificate shall be recorded in the record 

Term of office, book of Said couipauy, and shall be sufficient evidence of 
the organization of said company. The directors herein 
named bIuiH hold their office until the first Wednesilay in 
October following their organization and until their suc- 
cessors are elected and qualified, as herein provided. Va- 
cancies in the boarti may be filled by a vote of a majority 
of directors remaining at any regular meeting of the board 

General laws, oj- -it any Special meeting called for the purpose. 

§ 4. In the procurement of the right of way and ma- 
terials for the construction of their railroad, the said direc- 
tors aud their successois in office may avail themselves of 
all the provisions contained in any general law of the state, 
now ill forca or which may hereafter be enacted, which 



KAILKOAD COMPANIES — INOOKPOKATED. 1 79 

authorizes railroad companies to condemn land and mate- 
rials for railroad jDurposes. 

§ 5. The within named directors shall, within ninety To open books 
days after their origan ization, give at least thirty days' no- '^'■^liiscripUL.n. 
tice of the time and place, along the line of said road, wheie 
books will be opened for procuring subscription to the capi- 
tal stock of said company ; and said directors shall con- 
tinue to receive subscriptions, either personally or by such 
agents as they shall appoint for that purpose, until the sum 
of two hundred thousand dollars is subscribed and live 
per cent, paid thereon. Said directors or their successors ca^"^"^^^^** 
may proceed, by their engineers, to survey, locate and con- 
struct said railroad, as prescribed by the act referred to in 
section four (4) of this act. Certificates of stock shall be 
signed by the president and countersigned by the secretary 
and treasurer of said company, each of whom shall keep a 
fair record of the same, which shall be subject to the in- 
spection of any stockholder. 

§ 6. Said board of directors and each succeeding board siectiouofdi- 
shallgive at least thiity days' notice, previous to the first 
Wednesday in October, of each year, of an election by the 
stockholders of a board of fifteen directors, at least ten 
of whom shall be chosen from the stockholders resident in 
the counties throuiJ-h which the road is located. T^ie first „,^'^?*l""''/™^ 

111 111 • f TT • 1 • ^ ^ place of. 

election of directors shall be held at the city ot Vandalia, 
Illinois, and subsequent elections at such place in the state 
of Illinois as the board of directors may prescribe. At any 
election held for directors, each share of stock shall be en- 
titled to one vote, to be given either in person or by proxy; 
and the persons receiving the largest number of votes to 
bj declared duly elected, and to hold their otfice until the 
next election and until their successors are elected and 
qualified. All elections for directors to be conducted by judges of eiec- 
tnree judges selected by the stockholders present. j^o *"^"- 
stockholder shall be allowed to vote at any election after 
the first for any stock which may have been assigned to 
hiui within thirty days previous 1o said election or upon 
any stock upon which there is any due and unpaid install- 
ments. 

§ 7. If the board of directors fail or refuse to give no- P^ refusal to 

. <-> . . .... , 11- p Sive notice of. 

tice of the time herein specified tor the annual election ot election, 
directors, then an}" five stockholders may, in writing, re- 
quire the secretary to give thirty days' notice, and it shall 
be his duty to give said thirty days' notice, so required, for 
any election of directors; and, at the expiration of the 
time, the stockholders present shall proceed to elect direc- 
tors, as herein provided for the election of directors, and 
the directors so elected shall constitute a legal board. 

§ 8. The general office of the company shall be located of^"e?^^°° °^ 
at such place in the state of Illinois as the board of direc- 
tors shall designate, wheie all the books of record shall be 



180 BAILKOAD COMPANIES — INCOKPOKATED. 

kept and the general business of the company shall be 
transacted. There shall be kept in the secretarv's office a 
full record of the name and residence of each stockholder 
and the number of shares held by each. Said record shall 
at all times, during business hours, be subject to inspection 
by any stockholder. 
Towns and § 9. The Several counties, cities, villages, incorporated 

Block. ^'^^ ^^^^ towns, and the several townships in counties having town- 
ship organization, through or near which the said road shall 
be located, are hereby authorized to raise money, by a tax 
to be levied upon all the real and personal property in the 
said several counties, cities, villages, incorporated towns and 
townships, and to subscribe or donate the sair^e to the capi- 
tal stock of said corporation hereby created, for the purpose 
of aiding in the construction and completion of said road ; 

Issue bonds. and the said several counties, cities, villages, incorporated 
towns and townships, as aforesaid, are farther authorized to 
"^ issue bonds, drawing interest at the rate of ten per cent, 

per annum, which said bonds shall be negotiable and paya- 
ble in the city of New York in not less than five nor more 
than twenty years after the date of the same: Irovided, 
that no subscription shall be made or no tax shall be levied 
until the same shall be voted lor, as hereinafter provided. 
Petition for an § 10. Whenever any twenty-five voters of any such 

election. county, City, village, town or township shall make a written 

application to the county clerk of such county or twenty- 
five voters of such city, incorporated village or town or 
township, shall make application to the clerk thereof, re- 
quiring an election by the legal voters of such county, city, 
village, town or township, to determine whether such sub- 
scription shall be made and such tax levied, specifying in 
such application the amount, such clerk shall file such ap- 
plication in his office, and immediately give the notice, as 
required by law, for any election to be held by the legal 
voters of such county, city, village, town or township, at 
the usual places of holding elections ; and such election 
shall be held and conducted in all respects and the return 
thereof made as in cases of annual elections. 
Levy and col- § H- It the majority of the voters voting at such elec- 

lecttax. tioQ shall be in favor of such subscription or donation and 

tax for the payment thereof, then such county, city, incor- 
porated village, or town or township, by its proper incor- 
porate authority, shall levy such tax and subscribe or do- 
nate to such corporation the amount theref)f, to be deter- 
mined or voted tor at any such election, and shall issue to 
said corporation their bQnds for such amount, drawing ten 
per cent, interest, per annum, and payable in n(>t less than 
i«i5ue of bonds 11 ve iior more than twenty years. The said bends, wiien 

Irrevocable. jssucd, aro to bo irrevocable and negotiable and payal)le as 
in section D, as af )rei:^aid : l^rooided, that no such bonds 
shall be isbued or tax collected until the road shall be com- 



KAILROAD CUMPANIES — INOOKPOKATEID. 181 

pleted and a train of cars run over the same through any •ertificate of 
such county, city, incorporated villag^e or town or township, courf."^ toamy 
and a certilicate trurn the judge of the county court, duly 
sealc<l and countersigned "by the clerk of the county court, 
certifying that the conditions upon which said bond or 
bonds were issued liave been fr.ililled within said county 
or any city, incorporated village or town or township with- 
in such county; said certificate shall be made upon the 
back of each bond, and shall be conclusive evidence of the 
validity of such issue. 

§ I'J. li' any county, city, village, town or township Bonds inpay- 
ohall subscribe or doiiate to said capital stock, under the ^riptions. 
provisions of this act, and shall ivssue their bonds, said 
bonds shall be in full payment of their said subscription, 
and in case of subscriptions to the stock, the supervisors 
of said township or county court of such county and the 
corporate authority of such city, village or town, siiall annu- 
ally appoint some suitable person to represent and vote up- 
on the stock so subscribed and levied, as aforesaid. 

§ 13. Said company shall be allowed three years, from Timeofcom- 
the passage of this act, for the commencement of said ™mpietfJu ""f 
railroad, and in case at least thirty miles of the same shall ^°^^- 
not be completed in ten years thereafter the privilege grant- 
ed herein sliall be forfeited. 

§ 14:. Said company shall have power to unite its rail- May unite 

' , . ,1 . ^ -^ , . , 1 '^ ,, . , T .^ With other com- 

road, m whole or m part, witii any other railroad or rail- panics 
roads now constructed or which may hereafter be con- 
structed in this state, in accordance with the general rail- 
road law of the state. 

g 15. Said company are hereby authorized to take and ^fortjrage on 
receive from the several subscribers to the capital stock payment of sub- 
mortgiiges on real estate for and in payment of the full s'^"''"""^- 
' amount of said subscriptions, which mortgages may bear 
interest at the rate of ten per centum, annually, and paya- 
ble at such time as said directors and said subscribers shall 
agree. 

§ IG. The capital stock of said company shall be five Amount capital 
millions of dollars, and may be increased to fifteen millions 
of dollars, to be divided into shares of one hundred dollars 
eacli. 

§ 17. That said railroad company, by this act incorpo- ^tay borrow 
rated, shall have power to borrow money, on the credit (jf ™°'^*^'5'- 
the company, not exceeding its authorized capital stuck, at 
a rate of interest to be agreed upon, per annum, payable 
semi-annually, and may execute bonds therefor, with inte- 
rest coupons thereto attached or annexed, and secure tiie Deed of tmst 
pavnient of the same by mortgage or deed of trust on the ment'of^nondsr 
whole or any part of said road, i)roperty and income of the 
com[)any, then existing or thereafter to be accjuired, and 
may annex to such mortgage bonds the privilege of con- 
verting the same into the capital stock of the company, at 



bonds issued. 



182 RAILROAD COMPANIES INCOKPORATED. 

par, at the option of the holders, if such election be signi- 
lied in writing to the company three jears before the ma- 
turity of said bonds. 
May sell bonds. § 18. That the directors of said company be and they 
are hereby authorized to negotiate and sell the bonds of 
the said company, at such tin)eB and in such places, either 
within or without this state, and at such rates and for such 
prices as in their opinion will best advance the interests of 
the company ; and if such bonds are thus negotiated or 
sold at a discount below their par value such sale and dis- 
position thereof shall be as valid and binding on the com- 
pany, in every respect, as if they were sold or disposed of 
at their par value. 
Security for § I'J. That tlie Said company, in securing the payment 
of said bonds by a mortg ge or deed of trust on the road 
property and income of the company, shall have power to 
execute a mortgage or deed of trust, aforesaid, to secure 
the payment of the full amount of bonds and interest which 
the company may at the time the said deed of trust or 
mortgage bears date or at any time thereafter desire to sell 
and dispose of, and may execute and sell, from time to time, 
such amounts of said bonds and of such dates and payable 
to such person or persons as to the directors of said com- 
pany may seem advisable, till the whole amount of bonds 
mentioned in such mortgages or deeds of trust is executed 
and sold, and the said mortgage or deed of trust shall be 
as valid and eliectual to secure the payment of the bonds 
so exe-^uted and sold and of every part thereof as if the 
same and every part thereof had been executed of even 
date with the said deed of trust or mortgage. 
Rniesforgov- § 20. The board of directors shall have power to make 
all needful rules, regulations and by-laws, for the govern- 
ment of said company, not provided for nor inconsistent 
with this incorporating act. 

§ 21. This act shall be deemed a public act, and shall 
be liberally construed, and shall take effect from and after 
its passage. 

Approved March 31, 1869. 



ernment. 



xn force March AN ACT to incorporate the Rock Falls and Chicago Railroad Conipanv. 
3(1, 1869. of. 

Section 1. Be it enacted by tJie People of the State of 
lUhiois, representedin the Qeneral Assembly^ That Augus- 
corporators. ^us P. Smith, Leuum L. Emmons, Charles Wright, James 
A. Fatterscn, Maicus L. Coe, William A. Sanborn, Alonzo 
Golder, and their associates and successors, are hereby 
made a body corporate and politic, by the name and style 



EAIIROAD COMPANIES — INCORPORATED. 183 

of "The Rock Falls and Chicago liailroad Company," Name aud style. 
with perpetual succession ; and, by that name may sue and 
be sued, plead and be impleaded, in any cuurt of law and corporatcpow 
equity ; may make and use a common seal, alter and renew ^" 
the same at pleasure; and are hereby vested with ail powers 
and privileges which are or may be necessary to carry into 
etlect the purposes and objects of tliis act, as herein set forth. 
ISaid company are hereby authorized and empcnvered to May locate road 
locate, construct, and complete a railroad, with a single or 
double track, from a point in iiock Falls, in Whiteside 
county, upon the must eligible route, to aud into the city of 
Chicago, and, for this purpose, the said company are au- 
thorized to lay out and locate their said road, nut exceed- 
ing one hundred feet in width, through the whole length 
of said route; and fur the purpose of cuttings, embank- 
ments, stone and gravel, make take and appropriate as 
much more land as may be necessary for the construction 
and security of said road. 

§ 2. TJie capital stock of said company shall cc'nsipt of g^moimt capital 
one million dollars, which may be increased to any amount 
not exceeding the actual cost of constructing and equipjiing 
the said road, to be divided into shares of one hundred 
dollars each. All the corpoiate powers shall be ve.-ted in Directors to 
and exercised by a board of directors, who shall be chosen ^"■^^^'^ " '*"• 
by the stockholders of said company in the manner herein 
provided for, and who shall hold their offices for one year 
or until their successi rs shall be elected and qualitied. 
S;dd directors shall elect one of their number president, 
and appoint such other utticers as they may think ntcessaiy 
to the proper matiagemeut of the business of said company. 

§ 3. Said corporation is hereby authorized tu make survey of route, 
surveys of the ground and determine the most eligible 
ruute whereon to construct said railroad ; and it shall be 
lawful for said company to enter upon and take possession 
of and use all such lands and real estate as niay be neces- 
sary for the construction and maintenance of said r;iilroad, 
its depots, side tracks, water stations, engine houses, 
machine shops and other buildings and appendages neces- 
sary to the construction of said railroad : J'rovided, that compensation 
all lands and real estate entered upon and taken possession 
of by said corporation, for the purpose aforesaid, shall be 
paid for by said company in the manner provided lor by 
law wdiere lauds are necessary f )r the construction of pub- 
lic roads, canals and other public worke, unless otherwise 
mutua ly agreed by the owner or owners thereof and said 
company. 

§'4:. The annual meeting of the stockholders of said ,jj^°^;;.»iJ5;'^*'^^j!: 
company shall be held at buch place on the line of said holders, 
raihoad and at such time as ma,y be provided for in the 
by-laws of said companj' ; and at yuch meetings each stock- 
holder shall be entitled to cast one vote for each share of 



184 RAILROAD COMPANIES INCORPORATED, 

stock standing in the name of snoh stockholder, and absent 
stockholders may vote bj proxy authorized in writing. 

Open books § 5. The persins named in the first section of this act 
for subscription g^j-g hereby appointed commissionei-s, to open books for 
the subscription to said stock ; and whenever tifty thousand 
dollars shall have been subscribed and five per cent, there- 
of paid in, said commissioners shall call a meeting of the 
stock cubscribers, notice of which time and place of meet- 
ing shall be given, either personally or in writing, to each 
subscriber, five days at least before said time ot meeting, 
or by publication in two daily papers in the city of Chicago, 

Eiectiou of ten days, at least, prior thereto ; and at such meeting said 

leciois. subscribers may elect a board of directors and transact 

other business necessary to the organization of said com- 
pany ; and when said directors are elected said commis- 
siouers shall transfer to them said books of subscription 
and pay over to their treasurer or other financial agent, on 
the order of said directors, all sums of money paid in by 
the subscribers to said stock. No person shall i)e tlii^ible 
to the otfice of director unless he shall be a stockholder ; 
and whenever such director shall cease to be a stockholder 
his term of office as director shall expire. 
stock snbscrip- § 6. The directors ot said company are hereby author- 
^^'^"^ ized to receive subscriptions to their capital stock from any 

corporation, county, city or town, on such terms and in 
such amounts as they may deem for the interest of said 
Company, in accordance with the by-laws of said company: 

Submitted to Protilded^ uo such subscription shall be made by any 
ega vo trt,. (j.jmify^ City or town, Until tlie question of making subscrip- 
tion shall have been submitted to a vote of the legal voters 
of such county, city or town, at a general election or a 
special election to be called for that purpose by the corpor- 
ate authorities of such county, city or town, and voted for 
by a majority of the legal voters voting at such election ; 
and in all cases of elections relative to such subscriptions, 
at least thirty days' notice of such election shall be given 
by the proper authorities, in the manner prescribed by 
law — said notice to specify the amount of such proposed 
subscription. 
Ra'^es of toll. § 7. The Said corporation may take and carry, for hire, 

on sa,id railroad, any persons, merchandise and other pro- 
perty, by steam or other power, and receive such rates for 
carriage and transportation of passengers and freight 
theriion as the directors may establish; and said directors 
are hereby authorized to make all necessary rules and 
legulaiions for the carriage ot freight and pa:-sengers and 
foil the transaction of the general business ot said company. 
And incase of a vacancy occurring [in] the board of directors 
of said company, at any time prior to an annual election, 
such vacancy may be filled for the remainder of the year 
by the remaining directors. 



RAILROAD COMPANIES — INOOBPOEATED. 18 5 

§ 8. Whenever It eliallbo necessary in tlie construction imciscctious. 
of said railroad to intersect or cross a track of any other rail- 
road or stream of water or water course or highway, on 
the route of said railroad, it shall be lawful for the com- 
pany to construct the road across or upon the same : 
Provided, said company shall restore said railroad, stream 
of water, water course, road or highway, thus intersected 
or crossed, so nearly to its former state, so as not to materi- 
ally impair its usefulness. 

§ 9. Said corporation shall have power to borrow May borrow 
money, at a rate of interest not exceeding ten per cent, per '^^"^^^y- 
annum, payable semi-annually, and may execute bonds 
therefor, with interest coupons thereto attached, and secure 
the payment of the same by mortgage on the whole or any 
part of said railroad property then existing or thereafter 
to be acquired, and may annex to said mortgage bonds the 
privilege of converting the same into the capital stock of 
said company, at par, at the option of the holder, if the said 
bondholders shall signify, in writing, their desire so to do, 
to the board of directors of said company, one year or more 
prior to the maturity of said bonds. 

§ 10. To aid in the construction of said road by said organized 
company any incorporated town or any township organized stock^.™"^ "^'^^ 
under township organization law of this state, along and 
near the route of said road, may subscribe to the capital 
stock of said company in any sum not exceeding ten per 
cent, of the assessed valuation of said town or township at 
the last preceding assessment for the purpose of general 
taxation. 

§ 11. INTo such subscription shall be made until the submitted to 
question has been submitted to the legal voters of such ^^" ^° '''^' 
town or township in which the subscription is proposed to 
be made ; and the clerk of such town or township is hereby 
required, upon the presentation of a petition signed by at 
least ten citizens, who are voters and tax-payers in said 
town or township, in which the amount proposed to be 
subscribed shall be stated, to post up notices at three public 
places in each town or township, which notices shall be 
posted not less than thirty days before the day of holding 
such election, notifying the legal voters of such town or 
township to meet at the usual place of holding elections in 
such town or township, for the purpose of voting for or 
against such subscription. 

§ 12. If it shall appear that a raaiority of all the legal when majority 

. ,. 1 . ^^ , 1 • ,• , ^ ^ .^ In tavor of sub- 

voters 01 sucn town or township votmg at such election scription. 

have voted "For subscription," it shall be the duty of the 
president of the board of trustees or other executive ofiUcer 
of such town, and of the supervisors in townships, to sub- 
scribe to the capital stock of said railroad company, in the 
name of such town or township, the amount so voted to be 
subscribed, and to receive from said company the proper 
Vol, III— 24 



18B RAILROAD COMPANIES — INCORPORATED. 

Esecuie bonds, certiticates therefor; be shall, also, execute to said com- 
pany, in the name of said town or township, bonds, bearing 
interest at ten per cent.per annum, wbich bonds shall run 
for a term not more than twenty years, and the interest on 
the same shall be made payable annually, and which bonds 
sha'il be signed by such president or supervisor and be 
attested by the clerk of the town or township in whose 
name the bonds are issued, and it shall be his duty to 
make out a record of the issuing on said bonds. Said bonds 
shall be delivered to the president or secretary of said com- 
pany, for the use of said company. 
Duties of the § 13. It shall be the duty of the clcrk of any such towu or 

towuship clerks, j-^^yj^^gj-jjp j^ which a votc shall be given in favor of subscrip- 
tion, within ten days thereafter, to transmit to the county clerk 
of their respective counties a transcript or statement of the 
vote given and the amount so voted to be subscribed, and the 
rate of interest to be paid : Provided, that when elections 
shall beheld and bonds issued, as aforesaid, it shall be the 
duty of the clerk of such town or township to file with 
the county clerk of their respective counties, within ten 
days after the issuing of said bonds, certificates of the 
amount of bonds issued and the rate of interest payable 
thereon. 
Duties of the | 14. It shall bo the duty of the clerk of said county, 

couuty <. er... annually, after the execution and delivery of such bonds, 
aforesaid, to compute and assess upon all taxable property 
returned by the assessor of such town or township 
a sum sufficient to pay the interest and cost of col- 
lection and disbursements upon all bonds so issued by the 
respective towns or townships, which tax shall be extended 
upon the collectors' books as other taxes are, and collected, 
and, when collected, shall be paid to the treasurer of the 
county ; and such town or township may, when providing 
fur the levying and collecting of other taxes, also assess 
upon the property of such town or township any rate not 
exceeding three per cent., in any one year, upon the assess- 
ment, to provide a fund for the redemption of the principal 
of such bonds as or when they become due. Said tax to 
be levied and collected as other taxes are ; but no tax shall 
be computed, assessed or collected or any interest paid, to 
be apphed upon said bonds, unless such bonds have- been 
executed and delivered. 
Dut-es cf the § 15. .It shall bc the duty of the county treasurer to 

comity treasurer ^^^ ^^^^j.^ ^^^ ^-^^ presentation to him of the bonds issued, by 

any such town or township aforesaid, the amount due upon 
such bonds for interest and for principal, when any tax shall 
be assessed and collected to pay principal, any money in 
his hands for that purpose, and indorse any payment of in- 
terest or principal, upon said bonds ; and when said bonds 
shall be redeemed and paid ho shall receive and can- 
cel the same and return the same to the president or 



EAILKOAD COMPANIES — INCORPORATED. 1S7 

supervisor of said town or township. The town collector Fees of collector 
and county treasurer shall receive the same per ccntage 
for receiving and disbursing such taxes as they now re- 
ceive for collecting and disbursing school funds. 

S 16. Said cori)oration shall trHnsi)ort firewood and Artidcsoaerod 
liie!, ot every description, over its railroad, whenever the tion. 
same shall be offered for transportation, at rates as low as 
the rates said conij)auy shall charge for the transportation 
of other freights of a similar class. 

§ lY. This act shall be a public act, and take elfect 
from and after its passage, 

Appkoved March 26, 1869. 



AX ACT to incorporate the Rockford Central Railroad Company. lu force June 

Section 1. Be it enacted by the Feople of the State of 
Illinois^ represented in the General Assembly^ That Robert Corporatore. 
P. Lane, Goodyear A. Sanford, Kalph Emerson, Marvin T. 
Eilinwood, Moses Bartlett, Charles B. Johnson, Joshua 
White, Franklin Corwin and Selden M. Church, are hereby 
made and constituted a body corporate and politic, by the 
name and style of "The Rockford Central Railroad Com- Name and styu. 
pany," with perpetual succession ; and, by that name and 
style, shall be capable, in law, of taking, purchasing, hold- 
ing, leasing, selling and conveying estate or property, wheth- 
er real, personal or mixed, so far as the same may be neces- 
sary for the purposes hereafter mentioned, and no further; 
and in their corporate name may sue and be sued; have a com- ^corpor.itepow- 
mon seal, which they may alter or renew at pleasure, and 
may have and exercise all powers, rights, privileges and 
immunities which are or may bo necessary to carry into 
etiect the purposes and objects of this act, as the same are 
hereinafter set forth. 

§ 3. The said company are hereby authorized and em- ^cousirucuonof 
powered to locate, and, from time to time, to alter, chaisge, 
re-locate, construct, re-construct and fully to finish, perfect 
and maintain a railroad, with one or more tracks, com- Ronto of road, 
mencing at or near Mendota, on the Illinois Central Rail- 
road or any railroad now built or that may hereafter be 
built, in LaSalle, Lee or Bureau counties, thence on the 
most eligible route to the town of Rochelle, in Ogle county, 
thence to some point or points on the north line of this 
state, in Winnebago county, passing through the city of 
Rackford, in said county, to connect at said state line with 
any road or roads that are or may be constructed within 
the state of Wisconsin to said state line ; and the said com- 
pany are further authorized to use and operate said railroad, 



18 S EAILEOAD COMPANIES — INOORPORATED. 

and shall have power and authority to regulate the time 
and manner in which goods, eiFects and persons shall be 
transported on the same, and to prescribe the manner in 

Rntes et-. which Said railroad shall be used, and the rate of toll for 
transportation of persons or property thereon, and for the 
storage of merchandise and other property under their 
charge, and shall have power to provide all necessary stock 
and materials for the operation of sa,id road, and shall have 
power to erect and maintain all necessary depots, stations, 
shops, and other buildings and machinery, for the accom- 
modation, management and operation of said road. 
First board of § 3. The following named persons shall constitute the 

directors. ^^^^ 1^^^^.^ of directors, to-wit : Eobert P. Lane, Goodyear 

A. Sauford, Ralph Emerson, Moses Bartlett, Marvin T. El- 
linwood, Chas, B. Johnson, Joshua White, Franklin Cor- 

Eiectionofoffi- wiu and Sclden M. Church. Said directors shall organize 

^^''®' the board within three months from the passage of this act, 

by electing one of their number president and by appoint- 
ing a secretary and treasurer; and the directors present 
shall certify the said organization, under their hands, which 
certificate shall be recorded in the record book of said com- 
pany, and shall be sufficient evidence of the organization of 

Term of office. Said Company. The directors herein named shall hold their 
ofiice until the first Wednesday in October following their 
organization and until their successors are elected and quali- 

vacancies. fiecl, as hereinbefore provided. Vacancies in the board 
may be filled by a vote of two-thirds of the directors remain- 
ing, at any regular meeting of the board or at any special 
meeting called for that purpose. 

Open bopta for § 4:. The withiu named directors shall, within thirty 

subscription, days after their organization give at least thirty days' 
notice of the time and places along the line of said road 
Vv'hen and where books will be opened for |the purpose 
of procuring subscriptions to the capital stock of said com- 
pany ; and said directors shall continue to receive subscrip- 
tions, either personally or by such agents as they shall ap- 
point for that purpose, until the sum of one hundred thou- 
sand dollars shall be subscribed and five per cent, paid there- 
on. Said directors or their successors may proceed, by their 
Certificates of engineers and agents, to survey, locate and construct said 

Btoci:. railroad. Certificates of stock shall be signed by the presi- 

dent and countersigned by the secretary and treasurer of 
said company, each of whom shall keep a fair record of the 
same, which shall be subject to the inspection of any stock- 
holder. 

Anmiai eiection § 5. The saidboard of directors and cach succceding bosrd 
shall give at least thirty days' notice, previous to the first 
Wednesday in October, of each year, of an election by the 
stockholders of a board of nine directors, at least five of 
whom shall be chosen from stockholders resident within the 
counties through which the road is located. All elections 
for directors shall bQ held in the city of Rockford. At any 



RAILROAD COMPANIES — INCORPORATED. 1S9 

election held for directors, each stockholder shall be en- 
titled to one vote for each share of stock owned by him, to 
be given either in person or by proxy ; and the persons re- Termor omce. 
ceiving the largest number of votes to bo declared duly 
elected, and to hold their offices until the next election and 
until their successors are elected and qualiiied. All elec- 
tions for directors shall be conducted by three judges, se- 
lected by the stockholders present. 'No stockholder shall sLockhoiuors' 
be allowed to vote at any election after the first for any stock 
which shall have been assigned to him within thirty days 
previous to said election or for any stock upon which there 
are due any unpaid installments. 

§ 6. If any board of directors fail or refuse to give notice on failure to 
at the time herein specified for the annual election of direct- fiJ<^tion"'^^^ ^^ 
ors, then any five stockholders may, in writing, recjuire the 
secretary to give thirty days' notice : and it shall be his duty 
to give said notice required for an election of directors ; and 
at the expiration of the time the stockholders present shall 
proceed and elect directors, as herein provided for the elec- 
tion of directors, and the directors so elected shall consti- 
tute the legal board. 

§7 The general oflice of the company shall be located in Location of 
the city of Kockford, where all the books of record shall be °^^'^' 
kept, and the general business of the company transacted. 
There shall be kept at the secretary's oflice, in the city of 
Rockford, a full record of the name and residence of each 
stockholder and the number of shares held by[each. Said 
record shall at all times, during business hours, be subject 
to the inspection of any stockholder. 

§ 8. The capital stock of said company shall be one mil- Amo;int capital 
lion of dollars, which shall be divided into shares of one ^'^"^ 
hundred dollars each, and may be increased, from time to 
time, by the vote of a majority in interest of stockholders, 
at their annual meeting or at any special meeting called for 
that purpose by the directors of said company, to any sum 
requisite for the completion and equipment of said railroad, 
not exceeding five millions of dollars. Previous to a vote 
being taken for an increase of the capital stock the directors 
shall give a full statement of the objects for which said in- 
crease is required, also make a full report of the condition 
and affairs of said company. The shares in said company stock de-=med 
shall be deemed and considered personal property. erty°°'^ ^'°''" 

§ 9. It shall be lawful for all persons of lawful age, or stock subserip- 
for the agent of any corporate body duly authoiized, in be- ^'°'^- 
half of the same, to subscribe to any amount of capital 
stock : J^rovided, that the directors of said corporation 
may, at their discretion, limit the amount of stock that any 
person, corporation or agent may subscribe in their own 
name or in the name of any other person. 

§ 10. It shall be lawful for the directors to make calls caii for p:.y- 
upon the sums subscribed to the capital stock of said com- ™*^°'»^°^- 



190 KAILEOAD COMPANIES INCOKPOEATED. 

pany, at such time or times and in such amount as they 
shall deem fit, giving at least thirty days' notice of each of 
said calls ; and in case of failure on the part of any stock- 
holder to make payment of any call by said directors for 
sixty days after the same shall have become due, the said 
board of directors are hereby authorized to declare said 
stock 80 in arrears and all sums paid thereon forfeited to 
said company, or recover such unpaid sum or sums in an 
action of debt, in any court having jurisdiction thereof, 
snrvevs and § H- The Said compauy are hereby authorized, by 

examinations, their engineers and agents, to enter upon any lands for the 
purpose of making the necessary surveys and examinations 
for said road, and to enter upon and take and hold all 
lands necessary for the construction of the said railroad 
and its appendages, first making just and reasonable com- 
pensation to the o"wners of said lands for any damages that 

Condemn land, may arise to them for the building of said railroad; and in 
case the said company shall not be able to obtain the title 
of any lands or premises which may be necessary for the 
purposes of said road and its appendages by purchase or 
voluntary cession, the same may be obtained in the mode 
provided by the general laws now in force providing for 
the condemnation of lands for internal improvements. 
May biUTow § 12. Tho said compauy are authorized and empowered 

money. ^^ borrow, Irom time to time, such sums of money, not ex- 

ceeding its authorized capital stock, as may be necessary 
for constracting, completing and finishing orecjuipping and 
operating said railroad, and to issue and dispose of their 
bonds, in denominations of not less than five hundred dol- 
Rate of in- lars, for any amount borrowed, and to pay any rate of 

terest on bonds. jj^j^^i,.ggj. therefor not exceeding ten per cent, per annum, 
and to pledge and to mortgage the said road and its ap- 
pendages or any other property or etiects, risrhts, credits or 
franchises of the said company, as security for any loan of 
money and interest thereon, and to dispose of the bonds 
issued for such loan at such rates and on such terms as two- 
Towns and thirds of tiie directors may determine. And it shall be 

Bt.ock.'"*^ " "^ lawful for any county, city or town, through or to which 
this line of road may pass or interested therein, to take 
and subscribe to the stock of said road, and to borrow 
money and issue their corporate bonds to -paj said sub- 
scription, in such sum or sums, not less than five hundred 
dollars each, and make the same jpayable at any place, 
within or without tho state, at such length of time and at 
such rate of interest not exceeding the rate of ten per 
cent, per annum, as they may find expedient and deem 
Bonds made best, wliicli bcmds may bo made transferable and negotiable, 

^"^'''' and may bo sold for such price as may be agreed upon, 

which negotiation or sale or sales shall be as valid and bind- 
ing as though they were sold at par value ; the subscrip- 
tions aforesaid to be first authorized by a vote of a majority 



EAILBOAD COMPANIES — INCORPOKATED. 191 

of the votes cast by the legal voters of cither coiiuty, city 
or town, in same manner and form as provided and pre- 
scribed^ in an act authorizing counties and cities to sub- 
scribe stock, approved November Gth, ISiO, and the act 
amendatory thereto, approved March 1st, 1854. 

§ 13. The said company shall, annually or semi-annu- Dividends, 
ally, make such dividends as they may deem proper of the 
net profits, receipts or income of said company among the 
stockholders therein, in proper proportion to their respect- 
ive shares. 

§ 14. Said company shall have povper to make^ ordain R„io9forgov- 
and establish all such by-laws, rules and regulations as may ormnent. 
be deemed expedient and necessary to fulfill the purposes 
and carry into effect the provisions of this act and for the 
well ordering and securing the affairs and interests of said 
company : Frovided^ the same be not repugnant to the 
constitution and laws of the United States or of this state. 
This act and all by-laws that may be adopted by the 
directors of said company and all additions and alterations 
thereto, shall be printed in a convenient form and distri- 
buted among the stockholders of said company. 

§ 15. It shall be lawful for any fifteen stockholders, by caiiofmoetiug. 
giving thirty days' notice, stating the object, to call a meet- 
ing of the stockholders of said company ; and the secre- 
tary of said company shall certify said call and record the 
same, as well as all matters that may be tran.=;acted under 
such call. The stockholders present under such call may t , 

- . „ ^ . . , J InspecooE oi 

proceed and appoint, iz'om among themselves, a committee accouut^. 
of three, with fall powers to examine all books, papers and 
accounts belonging to said company ; and said committee 
may employ any competent accountant or accountants, to 
aid in said examination ; and said committee shall have full 
power to examine any officer or officers, agent or agents or 
employees of said company, under oath, to be administered 
by the chairman of said committee. And said officers, 
agents or employees shall duly answer all questions that 
may be required of them by said committee touching any 
matter or matters relating to the affairs of said company ; 
and the officers and agents of said company shall aid, so 
far as in their pov/er, said committee, as they may require, 
in said examination. The expenses of said examination 
shall bo paid from the treasury of said company, upon Expecsea. 
warrants drawn upon the treasurer and certified by said 
committee ; and said committee shall make a detailed re- 
port of the said examination at such time or times as said 
stockholders shall direct. 

§ 16. Said company shall have the power to unite its May unite with 
railroad, in part or in whole, with any other railroad or <^'^«'" ''""'^^ 
railroads now constructed or which may hereafter be con- 
structed, either in this state or the state of Wisconsin, and 



193 RAILROAD COMPANIES— INCORPORATED. 

to grant any such company or companies the right to con- 
struct and use any portion of said road hereby authorized 
to be constructed, upon such terms as may be mutually 
agreed upon between the said company or companies ; but 
no sale or transfer of the permanent rights, privileges or 
franchises of said company in said road, or any part thereof, 
shall be made by the directors of said road without the 
assent of the majority of the stockholders in interest vo- 
ting at an annual or regularly called meeting of the stock- 
holders. 
stock subscrip- § 17. Notice shall be published in the papers printed 
tious. within the counties through which the said road is located 

uotic^'''^^"°° °^ for subscriptions to capital stock and election of directors 
and calls for installments to be paid upon capital stock, and 
all meetings of stockholders. AH matters intended for the 
action of stockhold ers by the directors or stockholders au- 
thorized to call meetings, shall be published in the notice 
given for the meetings before which said matters will be 
brought. 
Repair high- § 18. The Said Corporation shall be bound to repair all 
^^^^' public highways, bridges and water courses which may be 

injured in constructing said railroad or its appendages, and 
shall restore them, so far as practicable, to as good condi- 
tion they were in before they were injured. 
Time of com- § 10. The Said company shall be allowed three years 
™mpi™fo°u "ot- f^'*^'"^ ^^® passage of this act for the commencement of said 
road. railroad, and in case the same shall not be completed in 

ten years thereafter the privileges herein granted shall be 
forfeited. 

§ 20. This act shall be deemed and taken as a public 
act, and shall, be construed beneficially for all purposes 
herein specified or intended. 
Approved March 4, 1869. 



In force April AN ACT to incorporate the Rock Island and Illinois River Railroad Com- 



9, 1S69 



pauY. 



Section 1. Be it enacted by the People of the State of 
Illinois^ reiwesentcd in the General Assemhly, That Henry 

Corporators. Dart, Gcorgc Viuton, Andrew Crawford, Joseph A. Saw- 
yer, J. N. Wilson, James M.. Allen, and George E. "Wait, 
and their associates, successors and pssigns, be and they 
are liereby created and constituted a body politic and cor- 

Namo ami style, porate, by thc name of "The Eock Island and Illinois 
River Railway Company," with perpetual succession; and, 

Corporate pow- by that name, be and are hereby made capable, inlaw and 
equity, of suing and being sued, pleading and being im- 



ers 



EAILROAD COMPANIES — INCOBPOEATED. 103 

pleaded, defending and being defended, in any court of law 
and equity in this state or elsewliere ; and may make, have 
and Ube a common seal, and alter the same at pleasure ; 
and shall be and are hereby invested with all powers, 
privileges and immunities incident to corporations, for the 
purpose hereinafter mentioned. 

j} 2. The said company are hereby authorized and em- construction 
powered to locate, and, from time to time, to alter, change, ofraiirjad. 
relocate, construct, reconstruct and fully finish, perfect, 
equip and maintain a railway, with one or more tracks, 
from the city of Kock Island, in the county of Kock Island, Route of road, 
to any point on the Illinois river, between the city of 
i*eoria and the town of Hennepin, or either of said places, 
on said river, by such route or to such point as the 
directors of said company may deem most feasible and 
eligible, making the city of Geneseo a point on the line 
thereof, and also to extend, construct and operate lateral 
branches from said main line in any direction, not exceed- 
ing ten miles, and, for this purpose, said company is au- 
thorized to lay out and construct said road and branches, 
in width not exceeding one hundred feet, throughout their 
whole length; and for the purpose of cuttings, embank- ^^ateriais, etc, 
ments and obtaining stone, sand find gravel, and for con- 
structing and erecting shops, depots and other suitable, 
proper and convenient fixtures in connection with and ap- 
purtenant to said railway and all necessary and proper 
uses, may take as much more land as may be needed for 
the construction, operation and securit}'^ of said road and 
branches. 

§ 3. The x;apital stock of said company shall be one Amount capital 
million dollars, which may be hereafter increased, by a vote ^^°'^^' 
of the majority of the directors of said company, to any 
sum, not exceeding three million dollars. Said capital 
stock shall be divided into shares of one hundred dollars 
each, which shares shall be deemed personal property, and 
shall be transferable only in such manner and upon such 
terms as shall be prescribed by the by-laws of said com- 

§ 4. The persons named in the first section of this act open books 
are hereby appointed commissioners for receiving subscrip- [°on. ^"^^'^"P' 
tions to the capital stock of the corporation, who, or a ma- 
jority of them, are hereby authorized to cause books to be 
opened, at such times and places as they may deem proper, 
for receiving subscriptions to said capital stock; and it shall 
be lawful for any person of lawful age, or any incorporated 
body, to subscribe any amount to the capital stock of said 
company ; and the said company is hereby authorized to 
receive, in payment for stock, any land lying within ten 
miles of their said road or branches. A majority of said vacancie*. 
commissioners may fill any vacancies that may occur in their 
number, by death, resignation or otherwise. 
Vol. Ill— 25 



194: UAILROAD COMPANIES — iNCOKPORATED. 

Management. § 5. The immediate government and direction of said 
Powers of the Corporation shall be vested in a board of directors of not 

directors. jggg than scven nor more than thirteen members, who shall 

be chosen by the stockholders of said corporation, in the 

manner hereinafter provided, who shall hold their office 

for one year after their election and until others are duly 

Qnorum to do qualified as such ; and the said directors, a majority of 

business. -whom shall form a quorum for the transaction of business, 

shall elect one of their number president of said corpora- 
tion ; tliey shall also elect a secretary and treasurer, and 
may choose such other officers or ggents as they may think 
proper ; and in case a vacancy shall happen in said board 
of directors, it may be filled by the remaining directors 
or as the by-laws may prescribe. 

Annual ejection. § 6. The time of holding the annual meetings of said 
corporation, for the election of directors, shall be fixed by 
the by-laws of said company ; and at all meetings each 
stockholder shall be entitled to vote, in person or by proxy, 
one vote for each share of the stock he or she may hold in 
said corporation ; and in case of any corporation, town, 
township, city or county being a stockholder in said com- 
pany, then the president of such corporation, or any person 
duly qualified by such towns, townships, counties or cities, 
shall represent and cast the vote to which they may be en- 
First election titled to. The first election of directors shall be holden 

of directors. .^g g^^j^ ^^g ^^^y ^^ after the sum of one hundred thousand 
dollars of stock shall have been subscribed. The commis- 
sioners shall give notice of the time and place at which a 
meeting of the stockholders will be held for*the choice of 
directors, by publication in a newspaper published in any 
one or more of the counties along the line of said railroad, 
at least thirty days before the day set for such organizaition. 
At the time and place appointed for that purpose, the 
commissioners, or a majority of theni, shall act as judges 
of said election. 
Payment for 8 7. AH lands and real estate entered upon and taken 

lana taken. " . /« i j i -j ^- x' ^i 

possession ot and used by said corporation tor tlie purpose 
of the accommodation of said railway and branches or 
upon the site upon which said railway and its branches 
shall liave heeii located and determined by said corpora- 
tion, shall be paid for b}' said company in damages, if any 
are sustained by the owner or owners thereof by the use 
of the same for the purpose of said railway; and all lands 
entered upon and taken for the use aforesaid, either corpo- 
rate or private, which are not donated to said company, 
shall be ])aid for by said company at such price as may he 
Apijiicntion of mutually agreed upon by the p^irties ; and in case of dis- 

general lawt!. l i l zi \- i ..i 

agreement between the corporation and the owner or own- 
ers of siicli land, the price shall be fixed and recovered 'in 
the manner provided for under any general law now in 
force or hereafter in force on that subject ; and said corpo- 



KAILROAD COMPANIES — INCORPOKATED. 19o 

ration shall have and possess all the powers, privileges arid 
immuuities provided in and by any general law now in 
force providing for a general system of railroad corpora- 
tions or acts amendatory thereof or supplemental thereto. 

§ 8. Tiie right of way and other real estate purchased Right of way. 
by said company, as well as the same taken, condemned or 
appropriated, as aforesaid, shall, upon due fullillraent by 
said company of the conditions prescribed by law, be held 
liy them in, fee simple. 

^ y. It shall be lawful for the company hereby created ^^^''^-°''°^ 
to build and maintain bridges over the Illinois and Rock 
rivers, at such places as said company may select for cross- 
ing the same, and to take, as heretofore provided, such 
land as may be necessary for the approaches to the same : 
Provided, that such bridges shall not be constructed so as to 
materially impede the navigation of said rivers. 

§ 10. The several counties in which an}^ part of said ^j^Toj^^^ ,^^^ 
railway or any of its branches may be hereafter located, stock. 
and the several townships in said counties and the cities 
and incorporated towns in said counties, are hereby author- 
ized to subscribe and take stock in said company or make 
donations thereto in the same manner and with like efiect 
as is provided in an act entitled "An act to incorporate the 
Peoria and Rock Island Railway Company," in force March 
7, 1807, and the amendments thereto, in reference to such 
subscription, and sections 9 to 14, inclusive, with the 
amendments, are hereby incorporated and made a part of 
this act : Frovided, however, that no subscriptions or dona- concimons of 
tions made in aid of said railway shall be valid and binding ^'^'js'^"p"o'is. 
acjainst such counties, cities, towns or townships, so sub- 
scribing or donating, until said railway shall be finished sd 
that a train of cars shall have passed over the same, through 
such counties, cities, towns or townships, nor shall any 
bonds be issued to pay for such stock as subscribed or dona- 
tions made, until said railway shall be completed so that a 
train of cars shall have passed as aforesaid. 

§ 11. The said company are authorized and empowered ^^g: ^^"°^ 
to borrow money, from time to time, to an amount not ex- 
ceeding the capital stock of said company, and to pledge and 
mortgage said road, or any property, effects or franchise of 
the said company, as security for any such loan or loans, 
and may dispose of the bonds by said mortgage secured at 
such price as the board of directors may deem advisable. 

§ 12. The said company shall have power to regulate j^i^ceroitauon 
the tolls, charges and rates of transportation of freight and 
passengers upon said road, and may change and alter the 
same at pleasure ; and no forfeiture shall take place, by 
leason of the non-completion of the whole of said road, but 
the said company may, froni time to time, build said rail- 
way in sections of not less than ten miles, and when so 
much is completed may be operated by the company. 



196 RAILROAD COMPANIES — INCORPORATED. 

§ 13. This act shall be deemed and taken to be a public 
act, and shall take effect and be in force from and after its 
passage. 

Approved April 9, 1869. 



In force Feb^ 10, AN ACT to incorporate the Sonora Railroad Companv. 

1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That R(jbert 

Corporators. McClaiighrj, John G. Fonda, William Patterson, William 
Timbermau, Guy Wells, John A. McDowell, Daniel G. 
Luce, James Wilson, Christopher Smith and George Ed- 
monds, jr., be and are hereby created a body corporate, by 

Kameaudstyie. the name and style of "The Sonora Railroad Company ;" 
and, by that name and style, they and their associates, suc- 
cessors and assigns, shall have perpetual succession ; shall 

Corporate poTv. have a commou seal ; may contract and be contracted with, 

^''"^ sue and be sued, plead and be impleaded, defend and be 

defended, in all courts and places. The capital stock of 
said company shall be any sum that said corporators shall 
determine, not exceeding five hundred thousand dollars, 
to be divided into shares of one hundred dollars each. 
coustrnction Said Corporation is herebv authorized to locate, coustruct 

of railroad. , ' .11 •^^ • i 1 1 i ^ ^ r 

and operate a railroad, with single or double track, irom 
liamiilon, Hancock county, to Sonora, in said county, and 
may extend, locate, construct and operate said railroad to 
and connect with an}"- railroad or roads in said county of 
Hancock, and may locate, construct and operate side or 
spur tracks to any quarry or quarries in said county. Said 
road shall, in all respects, be constructed and operated as 
other railways in Illinois, and shall, in all respects, as to 
tariii' of freights, be subject to the laws now in force oi; 
hereafter to be in force, the same as railroads now in exist- 

organization. encc are or may hereafter be, and not otherwise. Said 
company may organize, by the election of a president and 
secretary and sucli other officers as said corporators shall 
determine, but shall not condemn lands for the use of said 
road until twenty-five thousand dollars shall be subscribed 
to the capital stock of said company. 
May ncquire § 2. Said Company may acquire, by gift, purchase, con- 

titie to lauds, dcmnation or otherwise, any property necessary to the use 
of said company for tlie location, construction and operation 
of said road, and may hold or sell or exchange the same at 
pleasure; and in making condemnation said company may 
proceed under the llevised Statutes of 1815, relating to the 
right of way, or under any other law of Illinois in force re- 
lating to right of way. Said company may borrow money 



RAILROAD COMPANIES — INCORPORATED. 197 

and mortgage its property and franchises to secure the 
same, and shall, in all respects, in the location, construction 
and operation of said road, have all the power now conferred 
by law upon the Toledo, Wabash and Western Railway or 
Chicago, Burlington and Quincy Railroad. 

§ 3. The town of Sonora, in said county of Hancock, is sonora may 
hereby authorized to subscribe to the capital stock of said ^^^^ ^''^*^'^' 
road any sum not exceeding one thousand dollars per mile 
of said road, by. vote of the legal voters of said town, at any 
time hereafter, at a town meeting to be called by the super- 
visor and justices of the peace of said town or a majority of 
them, upon request of ten legal voters of said town. Said .cutj of super- 
supervisor and justices of the peace shall determine the 
amount to be subscribed and conditions of subscriptions. If 
a majority of the legal voters of said town shall vote for 
subscription, (such majority shall be a majority of all the 
votes polled at the last annual meeting before such vote for 
subscription) then said supervisor shall subscribe said 
amount, in the name of said town, to said capital stock, and 
shall issue the bonds of said town therefor, drawing interest issue of bonds. 
at the rate of seven per cent., per annum, payable annually 
at the office of the county treasurer of said county of Han- 
cock, at any time, not exceeding twenty yfears from date, 
and deliver the same to said company, in such form as shall 
be agreed between said company and said supervisor — the 
blanks to be provided by said comj)any ; but no such bond 
shall be issued by said supervisor until the iron shall be laid 
and cars running thereon from Hamilton to Sonora, afore- 
said. jSTotice of such election shall be given at least thirty. j^Qti^eofeiep. 
days before said election, by posting notice of the time, ti^n. 
place and objects of said election, the amount proposed to 
be subscribed, and conditions of said subscription, on the 
outer door of each school house in said town. Said town 
meeting shall be conducted, in all respects, as other town 
meetings. Said vote shall be by ballot, either written or Mode of vouEg. 
printed, and the ballots deposited shall contain the words 
"For subscription" or "Against subscription." If said sub- 
scription shall be made, the supervisor shall certify the 
same to the county clerk of said county, and said clerk shall 
extend upon the tax books of said town a sufficient tax to 
pay the interest on said bonds. 

§ 4. Said company may condemn the unoccupied grade May coudemn 
of any railroad company in said county, so far as shall be ^^'■^^' 
necessary to the construction of said railroad. 

§5. This act shall be a public act, and take eflect and 
be in force from after its passage. 

Approved February 10, 1869. 



103 RAILROAD COMPANIES — mCOEPOEATED. 



la force March AN ACT to incorporate the Spriugfield, Effingham aiid Southeastern Ra'il- 
10, 1809. i-oad Company. 

Section, 1. Be it enacted hy the Peojyle of the State of 
Illinois represented in the General Assemhly, That John F. 

Corporators. Barnard, Samuel W". Little, Luke K. McMiirry, Thomas J. 
Martin, Anderson Webster, Win. E. Cooper and J. P. M. 
Howard, and such other persons as they may associate with 
thera, their successors and assigns, are hereby constituted 
a body corporate and politic, under the name and style of 

Name and style. "The Springfield, Effingham and Soutiieastern Railroad 
Company," with perpetual succession ; and, by that name 
and style, shall be capable and are hereby empowered and 
authorized, in law, of taking, purchasing, holding, leasing, 
selling and conveying real and personal estate and proper- 
ty, so tar as the same may be necessary for the purposes 

Corporate pow- hereinafter mentioned ; and, in their said corporate name, 

^^ may sue and be sued, plead and be impleaded, defend and 

be defended, in all courts and places ; to have a common 
eeal, which they may alter or renew at pleasure ; to locate, 
and, from time to time, to alter, change, relocate, construct, 
reconstruct, and full}' finish, operate and maintain a rail- 
road, with one or more tracks, from some suitable connect- 
ing point with the proposed Fana, Springfield and Xorth- 

Ptoute cf road, westcm Railroad, at or near the city of Fana, in Christian 
county, by the way of the city of Effingham, in Eftingham 
county, to the Ohio and Mississppi railroad, at or in the 
vicinity of the city of Olney, in Richland county, or, if 
•found preferanle, to connect with the Gray ville and 
Mattoon Railroad, at or near the town of Newton, in Jasper 
co'inty, with the privilege of building to and connecting 
with the proposed Illinois Southeastern Railway, at any 
point not farther south than the tovs7n of Flora in Clay 
county : Provided^ that if the said Fana, Springfield and 

Extcndroad. ISTorthwestorn Railroad Company shall notsacceetl in build- 
ing their proposed road, then and in that event the corpor- 
ation hereby created shall have power to extend its line of 
road from Fana to the city of Springfield, in Sangamon 
county. 

Mayenternpon § 2. The Said Company, and, under their direction, their 

and take land, gcrents, scrvants and workmen, are hereby authorized and 
empowered to enter into and upon the lands and ground 
of and belonging to the state or to any person or persons, 
bodies politic or corporate, and survey and take levels of 
the same or any part thereof, and to let out and ascertain 
such parts as they may deem necessary and proper for 

General poirers making said railroad, with one or more tracks : and, for all 

for con-tiuction ii ^ i • i . , ., i . i i 

ofraihoad. tJic purposcs Connected with said railroad, to take and ap- 
propriate any lands, to lall and cut down all timber and 
other trees, standing or being within fifty feet on each side 



RAlLEOAt) COMPANIES — INCOftPOKATEt), 199 

of said railroad, the daniago occasioned by the falling of 
said trees, unless otherwise settled, to be paid in the man- 
ner hereinafter provided for damages for lands taken for 
the use of said railroad company ; and also to make, build, 
erect and set up, in and upon the route of said railroad or 
upon the land adjoining the same, all such works, ways, 
roads and conveyances, as may be required for the pur- 
poses of said railroad ; also, from time to time, to alter, 
repair, widen, amend or enlarge the same, as deemed nec- 
essary by said company, the said company doing as little 
damage as possible in the exercise of said powers hereby 
granted, and making satisfaction in the manner hereinaf- 
ter mentioned for all damages to be sustained by the own- 
ers or occupiers of the said land. 

§ 3, That all damage which shall be done to any lands Damages paid. 
or property, under the provisions of this act, shall be as- 
certained and paid for in the manner provided by the 
general laws, now in force or which may hereafter be in 
force, providing lor the condemnation of lands for purposes 
of internal improvements. 

§ 4. Whenever it shall be necessary, for the construe mtersecUoas. 
tiou of said railroad, to intersect or cross the track of any 
other railroaid or to cross 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 rail- 
road across, upon or by the side of the same : Provided^ 
that the said company shall restore the railroad, stream of 
water, water course, road or highway thus intersected, 
tr^iversed or crossed, to its former state, or in a sufficient 
manner not to materially impair the same in its usefulness : 
Provided, that whenever it shall become necessary for said 
railroad company to cross the track of any other railroad 
company now built or which may be hereafter constructed, 
the expense of putting in and building such crossing shall 
be paid and shared equally by and between the two com- 
panies so connecting or intersecting each other. 

§ 5. It shall be lawful for the incorporate authorities of Donations. 
any incorporated city or town, through which said railroad 
shall be located, to donate or lease to said railroad com- 
pany, as a right of way, the right to lay a single or double 
track through said city or incorporated town, or any por- 
tion of the same, on any street or highway that the said 
railroad company shall select for that ])urpose — said lease 
or permit to be unchangable and p3rpetual, except at the 
option of said railroad company. 

§ 6. The corporate powers of said company' shall be Director* to 
vested in and exercised by a board of seven directors, a '"^°''='^ ai air«. 
majority ot whom shall constitute a legal quorum for the 
transaction of business, who shall be elected by the stock- 
holders, in the manner hereinafter provided : Provided, 
that said board of seven directors may, at their option, add 



200 RAILROAD COMPAiflES — INCOKPOKATEt). 

two persons to their number, who shall be stockholders in 
the company. Yacancies in the board of directors may be 
filled by a majority of those remaining; such appointees 
to continue in office until the successors of the existing 

Organization, board shall be elected and qualified. The directors, when 
qualified, shall organize by electing from their own num- 
ber a president and vice president of the company and ap- 
pointing a secretary and treasurer, which organization 
shall be certified by said directors, or a majority of them, 
and such certificate shall be recorded in the record book of 
said company, and a certified copy thereof, under the seal 
of said corporation, shall be received in all courts in the 
state as evidence of the facts therein s+ated, and shall have 
power, by its president, with the approval of the board of 
directors, to appoint and employ such other officers and 
agents as may be necessary. 
Contract for g 7. The sald Company shall, by its president, with the 
' ' * consent of a majority of the board of directors, contract for 
the building of said road or any portion thereof, purchase, 
contract for and place on the said railroad all machines, 
machinery, rolling stock and other property which may be 
deemed necessary and proper for building or operating 
said railroad, determine the width of track, the construc- 
tion of wheels, the form and size of cars and locomotives, 
the weight of loads, and all other matters and things rela- 
ting to the use of said road and the conveyance of persons 
and property thereon, and shall have power to operate the 
same, by force and power of steam or animals or combina- 
tion of them. 
Amotmt capi- § 8. The Capital stock of said company shall be three 

tai stock. million dollars, which said capital stock may, by order of 

the board of directors, be increased, when deemed necessa- 
ry, to any amount not exceeding ton millions of dollars, 
and shall be divided into shares of one hundred dollars 
each ; and the corporation hereby created is authorized to 
receive any subscriptions, donations or gifts to the capital 
stock of said company, either in money, lands, labor, ma- 
terials, cars, locomotives, or other articles, personal or real, 
adapted to the construction or operation of said railroad, 
or any property that in the opinion of the board of direc- 
tors may be exchanged or converted to such use, and, upon 
receiving full payment of any such subscription of stock, 
may issue to such subscriber or subscribers certificate of 
stock therefor. 

Au-uai election § '*• Tlic annual clcction of directors shall be held by 

of directors. \\^^i stockholders of the company on the second Tuesday in 
January, in each year, at such place as the directors may 
direct, twenty days' notice being given by publication in 
one or more newspapers published on or near the line of 
said railroad : Provided^ that the persons named in the 
first section of this act shall bo and are hereby constituted 



BAILKOAD COMPANIES — INOOBPOBATED. iiOl 

the first board of directors, and shall hold their office for Term of office 

one year and until their successors are elected and quali 

Hed ; and the board of directors by this act created and ap- open books for 

proved shall cause books to be opened tor subscription to 

the capital stock of said company, at such times and places, 

and in such manner as they may direct. 

§ 10. The several counties in which any part of said rail- counties may 
road may hereafter be located or that may lie on or near sut'scnbe stock. 
the line of said road, aud the several townships in said 
counties which have adopted or may hereafter adopt town- 
ship organization, and the cities and incorporated towns in 
said counties, are hereby authorized to subscribe and take 
stock in said company. 

§ 11. Elections may be held in any such county, town- submitted to 
ships, city or incorporated town, upon the question whether legai voters, 
such county, township, city or town shall subscribe for any 
specified amount of stock of said company, not exceeding 
one hundred thousand d<.)llars. And elections shall be 
held in any such county, township, city or town as often as 
a petition shall be presented, as hereafter specified, until 
such county, township, city or town shall have subscribed 
for the full amount of stock authorized by this act. 

§ 12. Whenever a petition shall be presented to the Petition for 
county clerk, signed by fifty legal voters of any such conn- "^'"^"S election. 
ty, setting forth the amount of stock proposed to be taken 
by any such county, and specifying the time for holding 
such an election, it shall be the duty of the county clerk of 
said county to give thirty days' notice of the time of hold- 
ing such election, which shall be the same time as that 
speeitied in such petition ; and whenever a petition shall 
be presented to the supervisor of any such township or to 
the corporate authorities of any such city or town, signed 
by twenty-five legal voters of any such township, city or 
town, setting forth the amount of stock proposed to be 
taken by any such township, city or town, and specifying 
the time for holding such election, it shall be the duty of 
the supervisor of every such township and the duty of the 
clerk of every such city or town to give thirty days' notice Notice of eiec- 
of the time of holding such election in such township, city t^on. 
or town, which shall be the same time as that specified in 
such petition ; which said notice or notices shall be given 
in the same manner and such election or elections shall be 
conducted in the same manner and at the places provided Manner of 

„ . , J. II..- • V- i- .. ' 1 • conaiictiug.elec- 

lor holdmg general elections in such counties, town&hips, tions. 
cities and towns, at which election or elections the quali- 
fied voters of the respective counties, townships, cities and 
towns shall vote "For subscription" or "Asrainst subscrip- 
tion;" aud the returns of such election or elections shall be 
made to the county clerk in the same manner and within 
the same time and it shall be by him opened and declared in 
the same manner as for elections held for state aud county 
Vol. ill — ^o 



202 KAILROAD COMPANIES — INCOJBPOKATED. 

officers ; and if a majority of the votes cast at such election, 
by voters voting on that subject, shall be "for subscrip- 
tion," it shall be the duty of the county court or board of 
supervisors of every such cuunty, the supervisor and clerk 
of said township, and the corporate authorities of such city 

stocirgubflcrip. or towu, to subscribc, without unnecessary delay, upon the 
request of said company, for stock in said company to the 
amount so voted for, and to issue and deliver to said com- 
pany the same amount as the stock so subscribed of fhe 
bonds of said county, township, city or town, as the ca&e 
may be, payable at any time specified, not exceeding twen- 
ty years from date, or sooner, at the option of the county, 
township, city or town issuing the same, with interest, by 
coupons attached for the same, at a rate not exceeding ten 
per cent., per annum, payable annually ; which said bonds 
and interest accruing thereon shall be made payable at 
such place within the United States as said company may re- 

„ , . quest : FrovidedAhai at any election held under tlie provis- 

Re""l8tratioii of . . . 

Toters. ious of this act at any other time than the time of holding 

general elections for state or county purposes, it shall not 
be necessary for the several boards of registry to make a 
new registry of the sevo'al voting preoiiicrs, but the regis- 
try made of the legal voters at the last general election 
held tor the election of state or county officers maybe used : 
Provided^ that any legal voter, whose name does not ap- 
pear on said register shall be received and taken in the 
same manner that unregistered legal voters' votes are re- 
ceived at any general election. 

Levy Bpeciai tax § 13. It shall be the duty of the respective authorities 
of the several counties, townships, cities and towns, which 
may vote such subscription, and they are hereby required, 
to levy and collect a sufficient special tax on all the taxable 
property, both real and peroonul, in such counties, ti>wni- 
ships, cities and incorporated towns, to pay the interest 
annually accruing on such bonds and to liquidate the prin- 
cipal ot such bonds w^ithin the time specified in the same 
for their payment. Said tax shall be levied on the assess- 
ment made by the assessor of the respective counties, town- 
ships, cities and towns, as provided by the revenue laws of 
this state for assessing the property, and shall be extended 
on the collectors' books of such county, township, city or 
town as a special railroad tax, and collected by the respec- 
tive collectors of such counties, townships, cities and towns, 
at the same time and in the same manner as provided by 
Tftses paiJto I'l^v for Collecting state and county tax ; which said tax 

coiiuytreAgarcr vili;,]! be paid by tlio respective collectors to the county 
treasurer of the county in which said tax is collected, de- 
ducting theretrom one per cent, only fnr collecting; and 
the saul county treasurers shall be, respectively, lial)le on 
tiieir bonds t\)r the faithful application of said tax to the 
payment of the interest and the principal of the bonds 



BAILEOAD COMPANIES — INCORPORATED. 203 

which said tax was levied and collected to pay, and shall compensation 
receive therefor, in fall comuensatinn, commission of one '°'®^ °'^' 
per cent only for receiving and p lyini^ out said tax. The 
corporate authorities of the respective counties and town- 
ships shall certify to the county clerk of the proper county 
the rate per cent, to be levied for each year for such special Rate per cent. 
tax, and the said county clerk shall extend the same on the for special tax. 
collectors' books for such county or township, as a special 
railroad tax, at the rate so certified for each year, in the 
same manner and on all the property on which state and 
county tax is extended ; and the respective authorities of 
cities and towns shall levy such special railroad tax in the 
same manner that other tax is levied and collected in and 
for such cities and towns. 

§ 14. If any of the said counties, townships, cities or Towns and 
incorporated towns, in which any part of said railroad may djnationl"^''''^ 
hereafter be located or that may lie on or near the line of 
said railroad, shall desire to make a donation to said rail- 
road company, either in the bonds of any of said counties, 
townships, cities or incorporated towns, or by the donation 
of any railroad stock or bonds owned by any such county, 
township, city or incorporated town, they may do so in the 
same manner and in the same amount as is herein provided > 

for making subscriptions to the capital stock of said rail- 
road company ; and any such bonds so donated shall be is- issue bonds, 
sued, and shall be as iDinding and of the same force and 
effect, and the principal and interest shall be collected and 
paid in the same manner, as is provided in this act for the 
issuing and paying bonds for subscriptiona made to the 
capital stock of said railroad company : Provided^ that the 
f >rm of vote in the case of donations shall be "For dona- 
tion " — "Against donation." 

§ 16. The stock of said company shall be deemed per- stock deemed 
sonal property, and may be issued, certified, transferred ty n*nd\'raMftrI 
and registered 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 sub- 
scribed 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 the stockholders or any of them to make payment, on the stock of deiin- 
requisition of the board of directors, the shares of stock go ^'^®^**' *''^® °^' 
dilinquent or so unpaid may, at the option of the said board 
of directory, after thirty days public notice, be sold at 
public auction, under such rules as the directors may adopt; 
the surplus money, if any, remaining after deducting the 
amount due, with interest and cost of sale, to be paid to 
the delinquent stockholders. 

§ 16. Said railroad company is hereby authorized to May borrow 
borrow money, from time to time, on the credit of said com- 
pany, at any rate of interest, not exceeding ten per cent, 
per annum, as may be agreed upon between the parties, 



20i KAILKOAD COMPANIES INCOEPOKATED. 

for the sole purpose of constructing said road and famish- 
ing the same with cars, locomotives and other machinery, 
necessary to carry on the operations of said company, and 

Issue of bonds, may issug its corporate bonds therefor, in denominations of 
not less than live hundred dollars, with coupons attached 
for the interest, and to secure the payment thereof, with 
ecnrity. the interest that may accrue thereon, may mortgage their 

corporate property or franchises, or both, or may convey 
the same by deed of trust, fur said purpose. And they 
may, by their president or other officers or agents, sell, 
negotiate or dispose of such bonds or the stock of said com- 
pany, at such times and places, either within or without 
this state, and at such rate and fur such prices as in their 
opinion will best advance the interests of said company ; 
and if such bonds or stocks are sold at a discount such sale 
shall be as valid and binding, in every respect, as if sold at 
par value: Provided^ that the total amount of first mort- 
gage bonds shall not exceed in amount the sum of twelve 
thousand dollars per mile of the said railroad constructed 
or to be constructed. 
Bonds may bo § 17. The directors of said company may confer on 

capUaVstock"^" ^'^J bondholder of any bonds issued for money borrowed, 
as aforesaid, the right to convert the principal due or ow- 
ing thereon into the capital stock of said company, at any 
time, not exceeding ten years from date of the bond, un- 
der such regulations as the directors of said company may 
see fit to adopt. 

Dividends. § 18. Said Company shall, annually or semi-annually, 

make such dividends as they may deem proper of the net 

profits or income of said company among the stockholders, 

in proportion to their respective shares. 

Vote of the § 19. At any election held for choosing directors or for 

stockholders. ^^•\^^^ purposes, cach share of stock shall be entitled to one 
vote to be given either in person or by proxy. Each per- 
son shall be voted for directly, and those receiving the 
highest number of votes shall be declared duly elected, and 
shall hold their office until the next annual election and 

tfon*!i"^* °' *'*^' ""^^^ ^^'®^'' successors are elected and qualified. All elec- 
tions for directors to be conducted by three judges, to be 
selected by the stockholders present ; and at all such elec- 
tions, on all questions voted upon by the stockholders of 
said company, all stock subscribed for and owned by any 
county, township, city or incorporated town, in the manner 
hereinafter provided, may be re{)resented and voted by 
such person or persons, or his or tlieir proxy, as the proper 
autiiorities of the respective counties, towf)ships, cities and 

May unite with incorporated towns shall desiornate or appoint. The said 
railroad company shall have power to commence the build- 
ing and prosecute to completion their said railroad, or any 
part or portion of the same, and shall have power to unite 
or consolidate its stock and property, rights and franchises. 



KAILROAD COMPANIES INCOKPORATED. i 05 

or any part of the same, with any other railroad company, 
or companies whose line or lines of railroad may intersect 
or connect, by continuous lines, at eitiier terminus, or at 
the terminus of the extensions herein authorized, or it may 
purchase, lease, sell or convey any or all of its rights, 
tranchises or road-bed, or may make any other arrange- 
ment it may deem proper with any such railway company 
or with any other railroad whose lines of road may form a 
CDntinuous line with the railroad hereby authorized, to 
or from either terminus ; and in the event of consolidation, change name, 
the companies so consolidating may take upon themselves 
anj' name and style of designation they may think proper, 
and shall be vested with all powers, privileges and fran- 
chises of each or both or all the companies so united, and 
may borrow money, upon mortgage or deed of trust upon 
the property of any one or all of said companies. 

§ "20. No stockholder, whether corporate or natural s^ckhoiders' 
person, shall be otherwise liable upon his, her or their re- * ^' 
spective subscriptions of stock to the said company, and 
according to the calls of the directors, as hereinbelbre pro- 
vided. 

§21. The board of directors shall have power to make. Rules for gov- 
ordain and establish all such by-laws, rules and regulations "°°^®'^ ■ 
as they njay deem expedient and necessary to iultill the 
purposes and carry into effect the provisions of this act and 
for the well ordering and securing the affairs, business and 
interests of said company : Promded., that the same be not 
repugnant to the constitution and laws of the United IStates 
and of this state. 

§ 22. This act shall be a public act, and shall take effect 
and be in force from and after its passage. 

Approved March 10, 1869. 



AX ACT to incorporate the Springfield and Northwestern Railroad I^ force Mitch 

Company. 24, 1869. 

Section 1. Beit enacted hy the People of the State of 
Illinois, represented in the General Assemhly, That Myron corporators. 
Phelps, Lewis W. Ro.^s, Kathan Beadles, W. C. Willard, 
Edwin Post, L. E. Conger, Robert B. Stevenson, Thomson 
AV. McNeely, James H. Hale, Frank Lowe, William G. 
Green. Edward Lanning, and their associates, successors 
and a^signs, be and they are hereby created and constituted 
a body politic and corporate, b) the name of "The Spring- Nameindstjie. 
held and Northwestern PaUroad Company," with perpetual 
succession ; and, by that name, be and are liereby made corporate pow- 
capable, in law and equity, of suing and being sued, plead- *"' 



206 KAILROAD COMPANIES — INCOKPOKATED. 

ing and being impleaded, defending and being defended, in 
any court of law or equitj in this state or elsewhere; aod 
may make, have and use a common seal, and alter the same 
at pleasure ; and shall be and are hereby invested with all 
powers, privileges and immunities mcident to corporations, 
tor the purposes hereinafter mentioned. 

of raIkoJd.*^"°° § ^" ^^^ ^^^^ Company is hereby authorized and em- 
powered to locate, build, construct, perfect and maintain, 
equip, use and operate a railroad, from the city of Spring- 
field, in the county of Sangamon, to run from said point north, 

Eoute of road, through the corporate limits of Petersburg, in Menard coun- 
ty, thence to Havana, in Mason county, thence to Lewi.stown, 
in Fulton county, and thence, by way of Cuba and Fairview, 
Fulton county, to the city of Galesburg, in Knox county, 
and thenoe to Rock Island, in Rock Island county ; and, 
for this purpose, said company is authorized to lay out and 
construct said road, in width not exceeding one hundred 
feet, throughout its whole length ; and for the purpose of 
cuttings, embankments and obtaining stone, sand and 
gravel, and for the purpose of erecting shops, depots and 
other suitable, proper and convenient fixtures in connection 
with and appurtenant to said railway, and all necessary 
and proper uses, may take as much more land as may be 
needed tor the construction, operation and security of said 
road. 

§ 3. The capital stock of said company shall be one 

Amouot capital million dollars, which maybe hereafter increased, by a vote 
of the majority of said directors of said company, to any 
sum requisite for the completion and fulfillment of the ob- 
jects and purposes of the corporation hereby created, not 
exceeding two million of dollars. Said capital stock shall 
be divided into shares of one hundred dollars each, which 
shall be deemed personal property, and shall be transfera- 
ble onlyiu such manner and upon such terms as shall be 
prescribed by the bylaws of said company. 

§ 4, The persons named in the first section of this act 

Open books lor ^re hereby appointed commissioners for receiving subscrip- 
tions to the capital stock of said corporation, who, or a ma- 
jority of whom, are hereby authorized to cause books to be 
opened at such times and places as they or a majority of 
them may deem proj)er for receiving 8ubscrii)tious to said 
capital stock. Notice of the timeand fJaces whtnand where 
the books atbresaid will be opened shall be given by publi- 
cotion for at least thirty days previous io opening the same, 
in such newspaper or newspapers as shall be selected, by 
said commissioners or a majority of them, for that purpose. 
On oj)ening said books, said commissioners shall attend, in 
person or by agents, and continue to receive subscriptions to 
said capital stock until the sum of one hundred thousand dol- 
lars is subscribed. Each subscriber shall, at the time of sub- 
scription, pay to said commissioners the sum of five dollars 



KAILKOAD COMPANIES — INCOEPOKATED. 207 

upon which all installments called and due have been paid ; 
and a plurality of votes at any election shall determine the 
choice; but no stockholder shall be allowed to vote at any 
election Jifter the tirnt for any stock which shall have been 
sioners may till any vacancies that may occur in their num- 
ber, by death, resignation or otherwise. 

§ 5, All the corporate powers of said company shall be corporate pow. 
vented in and exercised by a board of nine directors, who 
shall be chosen by the stockholders of said company in the tme^^'^^^^"^'^' 
manner hereinafter provided, and who shall hold their 
offices for one year and until their successors shall be elected 
and qualified, and said directors, a majority of whom shall 
form a quorum for the transaction of business, shall elect, 
by ballot, from among themselves, a president and vice 
president, and sliall have power to appoint a secretary, treas- 
urer and all other officers deemed necessary for the trans- 
action of the business of said company, and may require 
such officers to give such security for the faithful perform- 
ance of the duties of their othce as the company, by its by- 
laws, raciy require. Said directors shall, also, have power Rules forgoT- 
to make all such rules, by-laws and regulations as they may ®™'^®° • 
deem necessary and expedient to accomplish the designs 
and purposes and to carry into effect the provisions of tnis 
act, and for the transfer and assignment of the capital stock, 
and prescribing the duties of officers, artificers and servants 
that may be employed, and for the employment of all offi- 
cers to carry on the business, within the objects and pur- 
poses of said company, not incontiistent with laws of this 
state. 

§ 6. The first election for directors shall be holden as First election 
soon as may be after the said one himdred tliousand dollars 
of stock sliall have been subscribed. The conjmissioners 
shall give notice of the time and place at which a meeting 
of the stockholders will be held for the choice of directors, 
hy publication in a newspaper published in any one or more 
of the counties along the route of the said railroad, as they 
may deem proper, at least thirty days before the day set 
f'r such organization. At the time and place appointed for inspectors of 
tnat purpose, the commissioners or a majority of them shall ^i®<^'^°^- 
attend and act as inspectors of said election. The stock- 
holders who shall be present shall proceed to elect, by bal- 
lot, nine directors, and the commissioners present shall cer- 
tify the result of such election, under their hands, which 
certificate shall be recorded in the books of the corporation, 
and shall be sufficient evidence of the election of the direc- 
tors therein named. All future elections shall be held at 
the times and places and in the manner prescribed by the 
by-laws and regulations of said corporation. Each stock- s^tockhoiderB' 
holder shall be entitled to vote, in person or by proxy, one ^ 
vote for every share of stock he or she may hold, 'bonafide^ 
on each share of stock subscribed for by him ; and the com- 



208 KAILROAD COMPANIES INCORPORATED. 

missioners shall, as soon as the directors of said corporation 
shall hive been elected, deliver to them the whole amount 
80 received and also all subscription books and papers be- 
longiug to said company. A majority of said commis- 
assigned to him within thirty days previous to the day of 
holding such election. 
Re-open books ^ 7. The directors shall have power and are required to 

for subscnption " ,, , , , ..,, ,, ^ • i , 1 ,- ^ • ^ 

re-open the books to nil up the capital stock ot said com- 
l^any, and shall continue to receive subscriptions therefor 
until the whole amount of such capital (not subscribed be- 
fore said commissioners) shall have been taken ; and shall 
also receive subscnption to the additional capital stuck of 

tafstock^^ '^^^^" ^^^^ company, should the same be increased by said direc- 
tors, pursuant to the authority herein given, at such time 

Payments. and places as the directors may deem expedient. And all 
subscriptions to the stock of said company shall be p^id at 
such times and in such amounts and on t-uch conditions as 
said directors may prescribe, under the penalty of the for- 
feiture of the stock and all previous payments theieon; and 
they shall give notice of the payments thus required and of 
the place where and the time when said payments shall be 
required to be made, by publication in such newspaper as 
said directors shall determine. 

fiued*°*^^^'°'^°^ § 8' In case of death, resignation or removal of the 
president, vice president or any director, at any time before 
the annual election, such vacancy shall be filled for the re- 
mainder of the year wherein it may happen by the board 
of directors; and in case of absence of the president and 
vice president, the board of directors shall have power to 
appoint a president, pro tempore^ who shall have and exer- 
cise such powers and functions as the by-laws of the said 

prt^dea7°^^^° Company may provide. In case it should at any time hap- 
pen that an election should not be made on any day on 
which in pursuance of this act it ought to be made, the cor- 
poration shall not for that cause be "deemed dissolved, but 
such election shall be held at any time directed by the by- 
laws of said corporation. 

citieTmay take § ^' -^"J incorporate city, town or county, on or near 

Block. the line of said railway, may subscribe to the capital stock 

of said company any sum not exceeding one iiundred thou- 
sand dollars, and may issue bonds, in denominations of not 

Issue bonds. Icss than one hundred dollars, bearing interest at the rate 
not exccedino- ten per centum, j)er annum, payable annu- 
ally, which bonds may run any period not exceeding twenty 
years, to be determined by the county court, board of super- 
visors, city council, town trustees, or other proper authori- 
ties issuing said bonds : Provided, that before said stock 

tiSi°'^''^°'^'^°' ^^^"" ^® subscribed, an election shall be held in conformity 

with the law6 in regurd to ordinary city, county or town 

elections, the usual nutice having been given, and retuins 

Submitted to to bc made in the usual way — at which election a niaiority 

legal voters. •' J j 



RAILROAD COMPANIES — INOORPOEATED. 209 

of the legal voters voting on that question shall have voted 
in favor of said subscription ; and to this end the county 
court, board of supervisors, city council, town trustees or 
other proper authority may, from time to tinae, order elec- 
tions, specifying the amount proposed to be subscribed ; and Levy tax to 
such city, town or county is hereby authorized and required 'i^'""^ '''^'''^'^■ 
to assess and levy a sufficient tax "to pay the interest accru- 
ing on such bonds and the principal of the same, when due, 
which tax shall be assessed, levied and collected in the same 
manner as other taxes are by law required to be assessed, 
levied and collected. 

§10. Any township under tov.-nship organization, on or .Towns and 
near the line of the said railway, may, also, subscribe to the m.."^^^ '^^^ 
capital stock of said company, in any sum not exceeding 
iifty thousand dollars ; but no such subscriptions shall be '^lomitted to 
made>intil the question has been submitted to the legal ""' ^''*'''" 
voters of the town in which the subscription is proposed'^to 
be made ; and the clerk of each of said towns is hereby 
required, upon the presentation of a petition, signed by at 
least ten citizens, who are legal voters and tax payers of 
the township for which he is' clerk, in which petition the Notice of eiec- 
amount proposed to be subscribed shall be stated, to post up """' 
notices in at least three of the most public places in said 
town, which notices shall be posted not less tbaa thirty days 
before the day of holding such election, notifying the legal 
voters of said township to meet at the usual places of voting 
in said township, for the purpose of voting for or aijains't 
such subscriptions; which election shall be held ancf con- 
ducted in the manner provided by law for the election of 
town officers. 

§ 11. If it shall appear that a majority of all the voters Duties of the 
voting on that question have voted "For subscription," it '''^'"^**"''- 
shall be the duty of the supervisors of each of said town- 
ships that shall vote for such subsci'iption to subscribe to the 
capital stock of said railway company, in the name of the 
township for which he is supervisor, the amount so voted to 
be subscribed, and to receive from said company the proper 
certificates therefor. He shall, also, execute and deliver to Execute bonds, 
said company, in the name of said township, bonds, bearing 
interest not to exceed ten per centum, per annum, which 
bonds shall run for a term not exceeding twenty years, and 
the interest on the same shall be made payable annnalh^, 
and which bonds shall be attested by the clerk of the town- 
ship in whose name the bonds are issued, and ii: shall be' 
his duty to make a record of the issuing of said bonds. 

§ 12. It shall be the duty of the clerk of said township to^^'^lrk^ ^^^ 
in which a vote shall have been given for subscription, with- "^"^^ " 
in ten days thereafter, to transmit to the county clerk of tlie 
county a transcript or statement of the vote given and the 
amount voted to be subscribed and the rate of interest 
named in the bonds. 
Vol III— 27 



210 EAILEOAD COMPANIES — INCOEPORATED. 

Duties of the § 13. It shall be the duty of the county clerk, annually 

county clerk, thereafter, to compute and assess, upon all the taxable prop- 
erty returned by the assessor of each of said townships 
which have voted to subscribe, a sufficient sum to pay the 
interest on all the bonds issued by the respective townships, 
which tax shall be extended upon the collector's books as 
other taxes are, and shall be collected in the same manner 
that other taxes are collected, and when collected shall be 
paid into the county treasury as county taxes are paid. 
Duties of the § 14. It shall be the duty of the treasurer of such coun- 

treasurer. ^.-^^ ^^ which towuships havo votcd for said railroad sub- 

scriptions to pay out, on the production to him of the bonds 
issued by any townships, as aforesaid, the amount due upon 
each of said bonds as interest, out of any money in his 
,. ^hauds for that purpose, and indorse the payment upon said 
' bonds or take such voucher as he may prescribe. He shall, 
also, keep an account with each township of all money re- 
ceived and paid by him on account of said township, which 
account shall, at all times, be open to inspection by all per- 
sons wishing to examine the sauie. 
Eepreseut and § 15. At all elections for officers and in all questions 

cast vote. v-oicd UDOu by the stockholders of said company, the super- 

visor of the township or townships which may subscribe to 
the stock of said company shall represent and cast the vote 
to which said stock is entitled, in person or by iawfal proxy; 
and, in case the supervisor is absent or unable to act and 
has not appointed a proxy, then the town clerk shall be 
vested with the same powers as arc herein given to the su- 
pervisor. 
May purchase § 16. The Said Corporation is hereby empowered to pur- 

estate!'°''^ ^^^^ chase, reccivo and hold such real estate as may be neces- 
sary and convenient in accomplishing the objects for which 
this incorporation is granted, and may, by their agents, en- 
gineers and surve^'ors, enter upon, take possession of, and 
use all such lands and real estate as may be necessary for 
the construction and maintenance of said railroad and the 
appendages and accommodations requisite and appertaining 
thereto, and may, also, receive, take and hold all such vol- 
untary grants and donations of laud and real estate as shall 
be made to said corporation, for the purpose aforesaid; and 
in case said company shall not be able to acquire, by pur- 
chase or voluntary cession, the right of way and grounds for 
said railroad, appendages and accommodations, and grounds 
of stone or gravel, for the purpose of building, ballasting or 
re|)airing the same, or any of tiiem, and the right of way 
Powertocon- to feucli grouuds of ttouc or gravel, said company is empow- 

lightof'wiy.'"'^ ered hercoy to take, condemn and use, or otherwise to law- 
fully libtain and use the same, respectively, under the pro- 
visi(tns of the general laws now in force or which may here- 
after be in force for the condemnation of lands for purposes 
of internal improvement. 



HAILROAB COMPANIES — INCOKPORATED. 211 

§ 17. The right of way and other real estate purchased R-ght of way 
by said company for any of the purposes aforesaid, shall be ''^^^^"^p'e. 
held by them, in fee simple ; and any such rights of way or 
real estate taken, condemned or appropriated, as aforesaid, 
shall, upon due fufillment by said company of the conditions 
prescribed by law to be by them performed or observed, to 
entitle them to such property, also be held by said com- 
pany, in fee simple. 

§ 18. The said company shall have power to borrow May borrow 
money, on the credit of the company, at a rate of interest ^°^^y- 
not exceeding ten per centum per annum, payable semi- 
annually, and may execute bonds therefor, with interest 
coupons thereto annexed, and secure the payment of the 
same by mortgage or deed of trust on the whole or any part 
of said railway property, income and franchisesof the com- 
pany, then existing or thereafter to be acquired, and may 
annex to said mortgage bonds the privilege of converting 
the same into the capital stock of the said company, at par, , 

at the option of the holders, if such election be siguitied, in 
writing, to the company three years before the maturity of 
said bonds. 

§ 19. The directors of said corporation are hereby an- May negotiau 
thorized to negotiate and sell the bonds of the said company ^°^^'^' 
at such times and in such places, either within or without 
this state, and at such rates and at such prices as will, in 
their opinion, best advance the interest of the said company ; 
and if said bonds are so negotiated or sold at a discount 
below their par value, such sale shall be as valid and bind- 
ing on the said company, in every respect, as if they were 
sold or disposed of at their par value. 

§ 20. The said companj^, in securing the payment of Payment of 
said bonds, by mortgage or deed of trust on the road prop- ^*"^'^^' ^^'^'^^'*^' 
erty, income and franchises of said company, shall have 
power to execute a mortgage or deed of trust, aforesaid, to 
secure the payment of the full amount of bonds which the 
company at the time the said mortgage or deed of trust 
bears date, or at any time thereafter, desired to sell and dis- 
pose of; and may execute and sell, from time to time, such 
amount of said bonds and of such dates and payable to such 
persons as the directors of said company may deem advisa- 
ble, till the whole amount of bonds mentioned in such mort- 
gage or deed of trust is executed and sold ; and the said 
mortgage or deed of trust shall be as valid and effectual to 
secure the payment of the bonds so executed and sold and 
every part thereof, as is the same and every part thereof 
had been executed with even date with said mortgage and 
deed of trust. 

§ 21. Whenever it shall be necessary for the construe- fntersections. 
tion of said railway to intersect or cross the track of any 
other railway or stream of water, water-course, road or hiiih- 
way, on the route of said railway, it shall be lawful for the 



212 RAILROAD COMPANIES — INCORPORATEt). 

company to construct their railway upon the same : Fro- 
vided^ that the said company shall restore the railway, 
stream of water, water-course, road or highway, thus inter- 
sected or crossed, to its former state, or in a sufficient man- 
ner not materially to impair its usefulness. 
iiay unite with § 22. Tho said company is hereby authorized to unite 
ctherroads. ^^. consolidate its railway stock and property with that of 
any other railway company or companies whose line or 
lines of road may connect or intersect, by continuous lines, 
or at either terminus or at the terminus of the extension 
herein authorized, or which may be on the line thereof, or 
may purchase, sell, lease or make any arrangement it [may] 
deem proper with any such railway company, or with any 
other company whose lino of road may form a continuous 
line with the railway hereby authorized, to or from either 
terminus ; and, in the event of consolidation, the companies 
so consolidating may take upon themselves any name and 
style of designation they may think proper, and they shall 
be vested with all powers, privileges and franchises of each 
or both, or all the companies, and may borrow money, upon 
mortgage or deed of trust upon the property of one or all 
of said companies, at their option : Provided, that this sec- 
tion shall not be so construed as to allow any consolidation 
or arrangement with any other company which will materi- 
ally divert the road herein authorized to be built from the 
line herein contemplated. 
Trausp'jvtation. § 23, The Said Company may take and transport on said 
railway any person or persons, merchandise or other prop- 
ert#y, and may hx, establish, take and receive such rates of 
toll or freight for all passengers and property transported 
upon the same, and for the storage of merchandise and 
other property under their charge, as the directors, lawfully, 
from time to time, shall establish, and shall have power to 
provide all necessary stock and materials for the operation 
of said railroad, and shall have power to erect aud main- 
tain all necessary depots, stations, shops and other buildings 
and machinery for the accommodation, operation and man- 
agement of said railroad. 

§ 24:. This act shall be deemed a public act, and shall 
be favorably construed for all purposes herein expressed and 
declared, and shall be in force from and alter its passage. 
xipi'iiovED March 21, 18G9. 



In force Marcb ^N j^qt to incorporate the Bpriiigfiekl, Wapolla aiul Gilman Raihoad 
33> ISOy. Company. 

Skoiion 1. Be it enacted by the People of the State of 

Illinois, represented in the General Assembly, That John 

Corporators, Williams, George N. Black, Jacob Loose, William E. Shutt, 

George Myers, William T. Scher, Daniel Thompson, Wil- 



KAILROAD COiJTANIES — IlfCOKPORATED. 213 

Ham R. Carl, S. M. Thorp, 11. C. Dickerson, A. J. Thomas, 
Jackson Smith, David Hurpster, "W. H. Riggs, Ben. 
McClure, and such other persons as they may associate 
with them, be and are hereby made and constituted a body 
corporate and politic, by the name and style of " The Name and etyie. 
Springfield, Wapella and Gilman Railway Company," 
with perpetual succession; and, by that name, shall be ca- corporate pow- 
pable, in law and equity, to sue and be sued, plead and be ®'^*- 
impleaded, defend and be defended, in any court of law or 
equity in this state or any other place. Said corporation 
shall have power to make, have and use a common seal, 
and the same to renew and alter at pleasure ; and shall be 
and hereby are invested with all the powers, immunities 
and privileges which are or may be necessary to carry into 
efi"ect the purposes and objects of this act, as hereinafter 
set forth ; and said company are hereby authorized and em- 
powered to locate and construct a railroad, with a single or Location and 
double track, from the city of Springfield, in the county of ^o^l*''"'^'^''^ °f 
Sangamon, and state of Illinois, upon the most eligible 
route, by way of a point within one-half mile of the public 
square of the town of Mt. Pulaski, to the town of Wapella, 
in the county of DeWitt, state of Illinois, thence to the 
town of Gilman, county of Iroquois, state of Illinois ; and, 
for this purpose, the said company are authorized to locate 
and lay out their said road, not exceeding one hundred feet 
in width, through the whole length of said route : and for May take and 

., ,. ... 1 'T i i. J I use material for 

ttie purpose oi cuttmgs, embankm.ents, stone and gravel, railroad. 
may take and appropriate as much more land as may be 
necessary for the construction and security of said road. 
The capital stock of said company shall consist of one rail- 
lion dollars, which may be inci*eased to any amount which 
may be necessary for constructing and equipping said road, 
not exceeding four millions of dollars, to be divided into 
shares of one hundred dollars each. All the corporate powers of the 
powers of said cumpany shall bo vested in and exercised by d:rector3. 
a board of directors, who shall be chosen by the stockhold- 
ers of said company, whose number shall be determined 
by said stockholders, in the manner hereinafter provided, 
who shall hold their ofiices for one year, or until their 
successors shall be qualified ; and said directors, a majority Eiectioaof offi- 
of whom shall constitute a quorum for the transaction of ""■ 
business, shall elect one of their number to be president 
and one to be vice-president of the company ; and said 
board of directors shall have power to appoint a secretary, 
treasurer and all necessary clerks and other oflicers neces- 
eary for the transaction of the business of said company. 

§ 2. The said corporation are hereby authorized, by sarveyg end 
their agents, surveyors and engineers, to cause such exami- esaminations. 
nations to be made of the ground and country as shall be 
necessary to determine the most desirable route whereon 
to construct their said railroad ; and it shall be lawful foi 



31i RAILROAD COMPANIES — INCOEPORAtEO. 

May possess saicl Company to enter upon and take possession of and use 

real estate. ^j| g^^^^^ lands and real estate as will or may be necessary 
for the construction and maintenance of the said railroad, its 
depots, side tracks, water stations, engine houses, machine 
shops and other buildings and appendages necessary to the 
construction of said railroad : Frovided^ that all lands or 
real estate entered upon and taken possession of by said cor- 
poration shall be paid for by said company in damages, if 
any be sustained by the owner or owners thereof by the 
Compensation use of the Same for the purpose of said railroad; and all 

for lancUaken. jj^j^^^jg entered upon and taken for use of said corporation, 
which are not donated to said company, shall be paid for 
by said corporation, at such prices as may be mutually 
agreed upon by the said company and the owner or owners 
thereof; and in case of disagreement, the price shall be 
estimated, hxed and recovered in the manner provided for 
taking lands for the construction of public roads, canals and 
other public works, as prescribed by the general laws now 
in force, or which may hereafter be in force, providing for 
the condemnation of land for purposes of internal improve- 
ment. 
Open booirs § 3. The pcrsous named in the first section of this act 

for subscription ^^.^ hereby appointed commissioners, who, or a majority 
of whom, are hereby authorized to open or cause to be 
opened subscription books for the stock of said company, at 
such time and in as many places as they may think proper, 
and also to appoint one or more agents to open such books 
First install- and receive such subscriptions. The said commissioners or 
their agents shall require each subscriber to pay ten dollars 
on each share subscribed, at the time of subscribing; and 
whenever thirty thousand dollars ($80,000) are subscribed, 
Meetini? of the Said commissioncrs shall call a meeting, in either the 

etockhoiders. ^^^^^ ^^ Springfield, Wapella or Gilman, as a majority may 
determine, of the stockholders, by giving tliirty days' notice 
in some newspaper printed in the city of Sprinji^field, or by 
personal notice, served upon each of the stockholders, of 
the time and place of holding such meeting; and at such 
meeting it shall be lawful for the stockholders to elect the 
directors of said company, of which there shall not be less 
than seven nor more than thirteen, and transact any other 
necessary business; and when the directors are chosen, the 
said commissioners shall deliver said subscription books, 
Vvith all sums of money received by them, or by any agent 
appointed by them as commissioners, to said directors. No 
person shall be a director unless he shall be a Ijona fide 
stockholder in said company. 

Annual meeting § 4. The annual meeting of said directors shall be fixed 

of directors, [jy t]ie bv-laws of the said directors; and at all meetings, 

all stockholders shall be entitled to one vote for each share 

held by such stockholders, upon which all installments 

called have been paid. 



RAILROAD COMPANIES — INCORPORATED. 215 

§ 5. The directors of said company, after the same is stock subecrip- 
organized, are hereby authorized and empowered to receive ^^"'^^ 
subscriptions to their said capital stock, on such terms and 
in such amounts as they may deem for the interest of said 
company, and as they may prescribe by their by-laws and 
regulations, from any other railroad company or corporation, 
and from any county, city, town or township, making the 
same : Provided^ that no such subscription shall be made submitted .o 
by any county, city^, town or organized township, until the ^'^-''^^ ^°'^i'^- 
question of making such subscription shall have been sub- 
mitted to a vote of the legal voters of such county, city or 
township, in the manner liereinafter provided, nor unless a 
majority of all the votes cast at such election shall be in 
favor of such subscription. 

§ 6. The right of way, and the real estate purchased for compensauon 
the right of way or other purpose by said company, whether ^"'""siitoi way 
by mutual agreement or otherwise, or which shall become 
the property of said company by operation of law, as in this 
act provided, shall, upon the payment of money belonging 
to the owner or owners of said lands, as a compensation for 
the same, become the property of the said company, in fee 
simple. 

§ Y. In case of death, resignation or removal of the vacanciee.how 
president, vice-president or any director, at any time be- ^^^^^' 
fore the annual election, such vacancies shall be filled for 
the remainder of the year by the board of directors; and 
in case of the absence of the president or vice-president, 
the board of directors shall have power to appoint a presi- 
dent, pro tempore, who shall have and exercise such powers 
and functions as the by-laws of said corporation may pro- 
vide, 

§ 8, Whenever it shall be necessary for the construe- crossings, etc 
tion of said railroad to intersect or cross a track of any 
other railroad or stream of water or water course or road 
or highway on the route of said railroad, it shall be lawful 
for the company to construct their railroad across or upon 
the same : Provided, that the said company shall restore 
the same, thus intersected or crossed, to its former state, or 
in sufficient manner to restore its usefulness. 

§ 9. Said company shall have power, by and with the Mayuniiewth 
consent of the owners" of three-fourths of the capital stock o''^^"'°^<^^- 
of said railroad company, to unite, connect or make run- 
ning arrangements with any other railroad now or hereafter 
constructed, crossing the railroad of said company, or built 
at either end thereof; and, for that purpose, full power is 
hereby given to said company to make and execute such 
contracts with any other company as will secuie the object 
of such connection. 

§ 10. That the said railroad company by this act incor- ^f^y borrow 
porated shall have the power to borrow money on the credit 
of the company, not exceeding its authorized capital stock, 



216 EAILKOAD COMPANIES — INOOEPOEATED. 

Interest. at a rate of interest not exceeding ten per cent, per annum, 

payable semi-annually, and may execute bonds therefor, 
and secure payment of the same by mortgao^e on the whole, 
or any part thereof, of the said railroad property and income 
of the company, then existing or thereafter to be acquired, 
and may annex to said mortgage bonds the privilege of 
converting the same into the capital stock of said company, 
at par, at the option of the holders, if sucli election be sig- 
nified, in writing, to the company, three years before the 
maturity of such bonds. 

jiayseiiboLds. § 11. That the directors of Said company be and they 
are hereby authorized to negotiate and sell the bonds of 
the said company at such times and places, either within or 
without tliis state, and at such rates and for such prices as, 
in their opinion, will best advance the interests of the com- 
pany ; and it such bonds are negotiated or sold at a discount 
below their par value, said sale shall be as valid and bind- 
ing on the company, in every respect, as if the^' were said 
[sold] or disposed of at their par value. That the said 
company, in securing the payment of said bonds by a mort- 
gage, [asl aforesaid, to secure the payment of the full 
amount of the bonds which the company may, at the time 
said mortgage bears date, or at any time hereafter, desire 
to sell or dispose i of,] (and) may execute and sell, from time 
to time, such amounts of said bonds and of such dates and 
payable to such persons as the directors of said company 

Mortgage valid, may deem i^dvisablo, till the v;hole amount of bonds men- 
tioned in Buch mortgage is executed and sold ; and the 
said mortgage shall be as valid and effectual to secure the 
payment of the bonds so executeu and sold and every part 
thereof, as if the same and every part thereof had been 
executed with even date with the said mortgage. 

Construction of § 12. The Said company is hereby autliorized to con- 
struct and maintain bridges, for the use of said railway, 
over any and all streams of water over or across wliich the 
line of said railroad may run. 
Towns and §13. The Several incorporated towus or citics, countics, 

cities may talie " , . • j j a1 t i • • ..■ 

stocii. and townships organized under the township organization 

law, or any other law of this state, along or near the route 
of said road, or that are in any wise interested therein, 
may, in their corporate capacities, subscribe to the stock of 
said com})any, or make donation thereto, or may lend it or 
their credit to said company, to aid in constructing and 
equipping said railroad : Provided, that no such suliscrip- 
tion, donations or loans shall be made until the same shall 
be voted ibr as prescribed by law. 
Eiectiops lor § \^ Whenever ten legal voters of any such incorpo- 

Bubscriplions ol o . » i • i n i . i 

6tock. rated town, city, county or township shall present to the 

clerk thereof a written ap]ilication, requesting that an elec- 
tion shall be held to determine whether such incorporated 
city, county or township shall subscribe to the capital stock 



bridges. 



EAILKOAD COMPANIES — INCOEPOEATED. 21Y 

of said companj, or make a donation thereto, or loan 
money, bonds or its credit, to aid ia constructing or equip- 
ping said railroad, stating the amount, and whether sub- 
scribed, donated or loaned, and the rate of interest and 
times of payment of the bonds to be issued in payment 
thereof, such clerk shall receive and file such apphcation, Notice of eiec- 
and shall immediately proceed to post written or printed *"^"- 
notices of an election to be held by the legal voters of such 
incorporated town, city, county or township; which notice 
shall be posted in four of the most public places of such 
incorporated town, city, county or township, for thirty days 
preceding an election ; and said notices shall state fully the 
object of said election; and said election shall be held and 
conducted and returns thereof made as provided by law in 
this state, and [make] returns thereof to one of the corporators 
in this act, after an election has been held ; and if a majority 
of the votes at such election shall be in favor of such sub- 
scription, donation or loan, then the corporate authorities issuo bonds, 
of such incorporated town, city, county or township, in a 
manner prescribed by law, shall issue bonds to said rail- 
road company, in such denominations as said company 
shall designate, drawing interest at a rate of not exceeding 
ten per cent, per annum, and the interest on said bonds to 
be paid annually, and said bonds to be paid within twenty 
years from date of their issue ; and any such incorporated Levy tax to 
town, city, county [or] township subscribing stock, donating i"^J' ^"^^'■est- 
or loaning to said railroad shall, [by] its proper corporate 
authorities, annually thereafter levy a tax and collect the 
same on its assessed property, to pay the interest on its 
bonds so issued, as aforesaid: Provided^ that no such 
bonds shall be delivered to said railroad company, or an}^ 
payment made on such subscription, donation or loan, until 
an amount of work shall have been done on said railroad 
as such incorporated town, city or township shall designate 
equal in value to the amount so subscribed, donated or 
loaned. 

§ 15. Said corporation shall transport fire-wood and Articles offered 
fuel of every description over its railroad, whenever the [?5n ^'"^"^p*""^** 
same shall be oflered for transportation, at rates as low as 
the rates said company shall charge for the transportation 
of other freights of a similar class. 

§ 16. This act shall be deemed a public act, and take 
effect on and after its passage. 

Appeoved March 30, 1869. 



Vol.111— 28 



218 EAILROAt) COMPANIES — INCOEPOEATED. 



In force March AN ACT to incorporate the St. Charles and Alton Railroad Ferry Company. 
13, 18C9. 

Seotion 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That John 

Ooi-porators. 0. Orriclv, Washington T. Miller and Adolphus F. Meyer, 
their associates and assigns, are constituted a body corpo- 

NameaBd style rate and pohtic, by the name and style of " The St. Charles 
and Alton Railroad Ferry Company;" and, by that name 
and style, are hereby made capable, in law and equity, of 
suing and being sued ; also, of making and using a common 
seal J and altering the same at pleasure. 

Amount capita"; § 2. The Capital stock of Said company shall be five 

siock. thousand dollars, to be divided into shares of one hundred 

dollars each ; and the same may be increased, at the option 

of the stockholders, to such an amount as the exigencies of 

said company may require. 

Transportation § 3. Said Company shall have authority to convey and 

ot freigiic. transport persons and property across the Mississippi river, 
at or near the city of Alton, in this state ; and, for this 
purpose, may employ omnibuses and wagons, Oi' well-ap- 
pointed steam ferry-boats and barges, or a combination of 
both these methods of conveyance, as may be necessary. 
The property and persons to be transported, as herein men- 
tioned, shall be confined exclusively to railroad freights, 
teams and passengers. 
Contracts for § 4:. It shall be lawful for said company to make con- 

tramportatioii. (j-acts with any person or persons, or body corporate, for 
the transportation across the Mississippi river, at the place 
aforesaid, of such persons and property transported or to 
be transported over anv railroad, as mentioned in section 
three, (3.) 

Real estate. § 5. The said ferry company shall have authority to 

acquire, by lease, purchase or other conveyance, real estate 
in or near said city of Alton, not exceeding five acres, for 
the purposes of its business. 

§ 6. This act shall be deemed a public act, and be in 
force from and after its passage. 
Appkoved March 13, 1869. 



lu force Afaroh AN ACT to incorporate the St. Louis and Du Quoin Railroad Coninauv. 
4, 1869. 

Section 1. Be it enacted hy the People of the State of 

Ill'mois, represented, in the General Asseinbly, That Abram 

Corporators. Mitchell, William K. Murpiiy, Geo. W. "Wall, Thomas H. 

Burgess, J. C. Willis, Isaac M. jSfiely, and "William Elston, 

their associates and successors and assigns, are hereby 



EAILROAD COMPANIES — INCOEPOEATED, 219 

created a body politic and corporate, by the name and style 
of "The St. Louis and Du Quoin Eailroad Company," Name aud style. 
with perpetual succession ; and, by that name, shall be and 
are hereby made catpable, in law and equity, to sue and be corporate pow- 
sued, plead and be impleaded, defend and be defended, in ^^^' 
all courts ol'iaw and equity in this state or elsewhere; to 
make, have and use a common seal, and the same to renew 
and alter at pleasure; and shall be and are hereby vested 
with all the power, privileges and immunities which are or 
may be necessary to carry into effect the purposes of this 
act. And the said company are hereby authorized and LocaUou and 
empowered to locate, construct and finally complete and road!'^"^'^'°'^ °^ 
put in operation a I'ailroad, from a point in St. Clair county, 
on the Mississippi river, opposite the city of St. Louis, by 
way of the cit7 of Belleville, southwardly, to the city of 
Du Quoin, in Perry county, passing throui^h the town of ^o^tc of road. 
Pinckneyville, in said Perry county; and, if said company 
shall deem proper, the said road may deviate, so as to pass 
through the town of Sparta, in Eandolph county, and may 
also extend said railroad southwardly to Metropolis, in 
Massac county ; and, for that purpose, the company are au- 
thorized and empowered, upon the most eligible route, to 
lay out their railroad for a single or double track, not ex- 
ceeding one hundred feet, through the whole length ; and, 
for the purpose of constructing embankments, may take as 
much land as may be necessary tor the proper construction 
and security of said railroad. 

§ 2. The capital stock of said company shall be three ^Amount capUai 
millions of dollars, and may be increased to six millions of 
dollars, to be divided into shares of one hundred dollars 
each, which shall be deemed personal property, and may 
be issued, certified, transferred, and registered in such 
manner and at such places as may be ordered and provided 
by the board of directors. The immediate government and 
direction of said company shall be vested in five directors, 
who shall be chosen by the stockholders of said company, 
in the manner herein provided, who shall hold their office 
for one year after their election, and until others shall be 
duly elected and qualified, a majority of whom shall form a 
quorum to do business. They shall elect one of their num- 
ber to be president of the comi)auy, and said board of direc- 
tors shall have power to appoint all necessary clerks, secre- 
taries and other ofiicers, necessary for the transaction of the 
business of said corporation, and to require any appointee 

to give bond and security. Examinations 

§ 3. The said con;ipany are hereby authorized, by their ^° ^"'"'*=y^- 
agents, surveyors and engineers, to cause f^uch examinations 
and surveys to be made of the ground and country betvv'een 
the terminal points aforesaid, as shall be necessary to deter- 
mine the best route for the proper line or course whereon 
to construct their said railroad. And it shall be lawful 



220 KAILKOAD COMPANIES — INCOKPOEATED. 

for said company to enter upon and take possession of and 
use any and all such lands and real estate as may be 
necessary for the construction and maintenance of their 
said railroad : Provided, that all lands and real estate en- 
tered upon and taken possession of and used by said cor- 
poration, for the purpose and accommodation of said rail- 
road, or upon which the site for said railroad shall have 
been located or determined by said corporation, shall be 
paid for by the said company in damages, if any be sus- 
tained by the owner or owners thereof by the use of the 
same for the purposes of said railroad ; and all lands entered 
upon and taken for the use of said corporation, which are 
not donated to said company, shall be paid for by said cor- 
poration at such price as may be mutually agreed upon 
by the said corporation and the owner or owners of said 
land ; and in the case of no agreement therefor, the price 
shall be estimated, lixed and received, in accordance with 
" An act to amend the law condemning right of way for pur- 
poses of internal improvement," approved June 22, 1852. 

ingof dtreaor*" § "^^ "^^'^ tivao, of holding the annual meetings of said 
company for the election of directors and for the transac- 

Eiection. ^-^^^ ^^ ^^^ Other busiucss by the stockholders shall be 

fixed and determined hy the by-laws of said company ; and 
at all meetings such stockholders shall be entitled to one 
vote for each share of stock he, she or they may now and 
will hold, hona fide, in said company, and such vote may 
. . be given in person or by any lawful proxy. 

books opraed°to § 5. The persons named in the first section of this act 

capital etock. ^^^ hereby appointed commissioners, who, or a majority of 
them, are hereby authorized to open or cause to be opened 
subscription books for the stock of said company, at such 
time and at such places as they may think proper, and also to 
appoint one or more agents to open such books and receive 
such subscriptions. The said commissioners or their agents 
shall require each subscriber to pay five dollars or execute 
a note therefor, as they shall determine, on each share sub- 
scribed, at the time of subscribing ; and whenever a hun- 
dred thousand dollars shall be subscribed, the"said commis- 

stockhoiders. °^ sioiicrs shall call a meeting (or a majority of them shall) of 
the stockholders by giving four weeks' notice in some news- 
paper published in the counties of Perry and St. Clair; 
and at such meeting it shall be lawful for the stockholders 
to elect directors of said company ami transact .any other 
business that may be deemed necessary ; and when the 
directors are chosen the said commissioners shall deliver 
said subscrijDtion books, with all the sums of money and 
notes received by them or by any agent appointed b}'- them 
as commissioners, to said directors. No person shall be a 
director unless ho shall bo a hona fide stockholder in said 
company. 

forrigutofway! § 0. That the fight of way and the real estate pur- 



KAILKOAD COMPANIES — INCORPORATED. 2iJl 

chased for the right of way, and for other purposes, by said 
company, whether by mutual agreement or otherwise, or 
which shall become the property of the company by opera- 
tion of law, as in this act provided, shall, upon the payment 
of the amount of money belonging to the owner or owners 
of said lauds, as a compensation for the same, or upon 
tendering the amount of money therefor, become tlie 
property of the said company in fee simple, unless other- 
wise agreed between said company and the seller thereof. 

§ 7. That said company may take and transport upon RatcH of tuu. 
said railway any person or persons, merchandise or other 
property, by the force and power of steam or animal or other 
proper and competent force and power, and may fix, es- 
tablish, take and receive such rates of toll for all passengers 
and property transported on the same as the directors 
shall from time to time establish ; and the directors are 
hereby authorized and empowered to make all necessary 
by-laws, regulations and ordinances that they may deem 
necessary and expedient to accomplish the designs and 
purposes and to carry into effect all the provisions of this 
act and for the transfer and assignment of its stock. 

§ 8. The directors of said company, after the same is Further duties 
organized, shall have the power to open books at such °^ ^'"^*^*^*"'^^ 
time and places as they may deem proper, for the subscrip- 
tion of stock, until the whole amount of capital stock shall 
be subscribed or such parts and amounts thereof as they 
shall desire to have subscribed; and said directors are 
hereby authorized and empowered to take and receive sub- 
scriptions to their said capital stock on such terms and in 
such amounts as they may deem for the interest of the 
said company, and as they may prescribe by their by-laws 
and regulations, from any other railroad company or corpo- 
ration, and from any county, city, town or village ; and any v-aiidity of 
such subscription shall be valid and binding upon any rail- ®^^''*''' °^ ^*°*' 
road company, corporation, county, city, town or village 
making the same : Provided, said subscription shall be 
made in every respect subject to the provisions and restric- 
tions of "An act supplemental to an act entitled 'an act 
to provide for a general system of railroad incorpora- 
tions,'" approved ISTovember 6, 184:9:' A7id provided, further, ^''--yMenfs. 
said company shall be authorized to take or receive sub- 
scriptions to their capital stock, payable in real estate. 
And all owners of real estate may pay for their subscrip- 
tions to the capital stock of said company by executing 
their notes, with mortgage upon the whole or any part of 
their real estate for the security of said notes, at a rate of in- 
terest to be agreed upon by said company and the said own- 
ers of real estate, not exceeding ten per centum per annum. 

§ 9. In case it should at any time appear that an elec- Failure to elect 
tion of directors should not be made on the day which in *^"^^^'^'3- 
pursuance of this act or by the laws of said company it 



222 EAILEOAD COMPANIES — INOOKPOSATED. 

ought to be made, such failure to elect shall in nowise affect 

the rights of said company, but such election shall be held 

at any other time which may be directed by the directors. 

Vacancy, how § 1^- ^^ case of death, resignation or removal of the 

filled. president, vice-president or any of the directors, at any 

time between the annual elections, such vacancy may be 
tilled for the remainder of the year, whenever the same 
may happen, by the remaining directors or a majority of 
them ; and in case of the absence of the president or vice- 
president, the board of directors shall have power to appoint 
a president, pro temjpore^ who shall have and exercise 
such powers and functions as the by-laws of the said cor- 
poration may prescribe. 

Intersections. § 11. That whenever it shall be necessary for the con- 
struction of said railroad to intersect or cross a track of 
any other railroad, or any stream of water or water course 
or road or highway on the route of said road, it shall be law- 
ful for the company to construct their railroad across or 
upon the same : Provided^ that said company shall restore 
the railroad, stream of water, water course, road or high- 
way thus intersected or crossed, to its former state or in a 
sufheieut manner not materially to impair its usefulness. 
eonsoiidation § 12. That Said company shall have power and it is 

of roads. hereby made lawful for said company to unite its railroad 

with any other continuous line of railroad now constructed 
or being constructed, or which may hereafter be constructed 
within this state, which may cross or intersect the same, or 
be built at; either end thereof, upon such terms as may be 
mutually agreed upon between the said company and the 
other conjpany so connecting ; and for that purpose, full 
power is hereby given to said company to make and execute 
Bucli contracts with any other company or companies, as 
shall secure the object of such connections. 

inSmonts. *" § 1^. That it shall be lawful for the directors to require 
payment of the sum subscribed to the capital stock at such 
times and in such proportions and on such conditions as 
they shall deem proper, under penalty of the forfeiture of 
all previous payments thereon, and shall give notice of the 
payments thus required and of the time when and the place 
or places where the same are to be made, at least thirty 
days previous to the time of the payment of the same, in 
some public newspaper printed at Bolle^•jlle or Du Quoin. 
May Dorrow § 14. That Said company is hereby authorized, from 

money. ^j^,^^^ ^^ time, to borrow such sum or sums of money as 

may be necessary for completing and furnishing or oper- 
ating the said railroad, and to issue and dispose of their 
bonds in deiiominatioiKs of not less than five iiundred dol- 
lars, bearing a rate of interest not excuediug ten per cent. 

BondaBecured P*^^'^^^^"^^'"' ^^"^ ^"^^' amouut to be borroM'cd, and to mort- 

by deeds un»t. gago their Corporate property and franchises, or convey by 

deed of trust to secure tiio payment of any debt contracted 



RAILROAD COMPANIES INCORPORATED. 223 

by said company for the purposes aforesaid ; and the directors 
of said company may confer on any bondholder of any bond 
issued for money borrowed, as aforesaid, the right to con- 
vert the principal due and owing thereon into stock of said 
company, at any time, not exceeding ten years from the 
date of said bond, under such regulations as the directors 
of said company may see fit to adopt -, and all sales of 
such bonds shall be good and valid and binding upon said 
corporation as if such bonds had been sold for the full 
amount thereof. 

§ 15. Every conductor, baggage master, engineer, tfjifsf'^' '""^^uia- 
brakeman, and other servant of said corporation, employed 
on a passenger train or at a station for passengers, shall Badges 
wear upon his hat or cap a badge, which shall indicate his 
office, the initial or style of the corporation. No conductor 
or collector, without such badge, shall demand or be en- 
titled to receive from any passenger any fare, toll or ticket 
or exercise 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 anj passenger, 
his baggage and property. In forming passenger trains, 
baggage or freight or merchandise or lumber cars shall Eoiims stock. 
not be placed in the rear of passenger cars ; and if they or 
any of them shall be so placed and an accident happen to 
life or limb, the officer or agent who so directed or know- 
ingly sufiered such arrangement and the conductor or en- 
gineer of the train shall each and all be held guilty of a 
misdemeanor, and shall be punished accordingly. The Evidence of act, 
cerrificate of the secretary of said company, under the cor- 
porate seal thereof, shall be received in all courts of justice 
and elsewhere as evidence of the regular organization of 
said company under its charter and of any act or order of 
the board of directors of said company, 

§ 16. That the width of said road shall be determined width of road. 
by the directors of said company, within the limits pre- 
scribed by the first section hereof. The said company shall 
carry and transport the mail of the United States on such 
terms as may be agreed, and all such freights and passen- 
gers as may be oft'ered, if required so to do, on the terms 
usual with like railroad companies. 

§ 17. This act shall bo denied a public act, and is taS'^/^ecf.'"' ^'^ 
hereby so declared, and shall be favorably construed for all 
purposes herein expressed and declared in all courts and 
places whatsoever : J^rovided, that said railroad company Timeofcom- 

11, .1 . ' ,, . 1 ., ,.,.'■„'' pletioE of road 

shall commence the construction or said railroad withm five ofrauroadi?, etc. 
years and complete the construction of so much of said rail- '"°^^' 
road as lies between Du Quoin and the terminus on the Mis- 
sissippi river, within eight years from the passage of this act : 
And provided^ that said company shall not be required to 
commence the construction of so much of the said road as 
would lie between the terminal point on the Mississippi 



224 KAILKOAD COMPANIES — INOOHPOEATED. 

river and tlie city of Belleville within ten years from the 
May purciia?e passage of this act : And provided^ further^ that said com- 
roadsf^^ ^^"^^^ P^oy ^lay, if deemed proper, acquire, by lease or purchase 
or otherwise, the title to or the right to operate any rail- 
road that may now be owned and operated by any other 
company between said city of Belleville and the said term- 
inal point on the Mississippi river; and such acquisition, 
by lease or otherwise, shall be deemed, to all intents and 
purposes, the same as though said company hereby created 
had constructed such road as acquired. The company 
hereby created may, also, acquire the right to run its trains 
over any bridge that may be now in course of construction 
or hereafter commenced across said Mississippi river, and 
may establish, have and own, in said city of St. Louis, 
such otSces and depots for doing business as may be neces- 
sary and proper to the full enjoyment of the franchises 
hereby granted. 

§ 18. This act shall take effect and be in force from and 
after its passage. 

Appkoved March 4, 1869. 



Ill force March AN ACT to incorporate the St. Louis and Evansville Railroad Company. 
26, iseg. ^ 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That Vital 
Corporators. Jarrot, Edward V. Pierce, Samuel E. Flannigan, Dewitt 
C. Barbour, Abel Longworth, Calvin M. Clark, Samuel S, 
Marshall, Thomas H. Dillon, James M. Lasater, John M. 
Crebbs, Jasper Partridge, Andrew D. Duff, and Charles 
Yeile, and their associates, successors and assigns, are here- 
by created a body corporate and politic, under the name 
Name and style, and Style of " The St. Louis and Evansville Railroad Com- 
pany," with perpetual succession ; and, by that name, 
corporatepow- both in law and equity, may sue and be sued, plead and be 
^'®' impleaded, defend and be defended against, in any court in 

this state or any other place; and may make, have and 
use a common seal, and alter the same at pleasure ; and 
may receive, purchase, hold, sell, lease, convey and deliver 
real and personal property, for the purposes hereinafter 
mentioned; and shall have all the powers, privileges, rights 
and immunities which are or may be necessary and proper 
to carry into etfect the purposes and objects of this act. 
Locateandcou- § 2. The St. Louis and Evansville llailroad Company 
Btnictroad. ^j^.^jj j^^^,^ j-^^lj powor and authority to locate and, from time 

to time, to alter, change, relocate, construct, reconstruct, 
and to fully finish, equip and maintain a railroad, with one 
or more tracks, from the city of East St. Louis, in St. 
Ronte of rottd. q\q\y county, by the way of Tamaroa, in Perry county, 
Benton, in Franklin county, McLeansboro, in Hamilton 
county; running east to some point on or near the line be- 
tween this state and the state of Indiana, at or near Evans- 



KAILROAD COMPANIES — INOOEPOBATED. 



225 



ville, Indiana ; and for this purpose, said company is an- 
tliorized to lay out its said road not exceeding one hundred 
feet wide, throughout the entire length of said road ; and, 
for the purpose of attaining stone, earth, sand or gravel, 
may take and appropriate as much more land as may bo 
necessary tor the proper construction, maintenance and se- 
curity of said railroad, and for constructing shops, depots, 
and other suitable and convenient buildings and fixtures in 
connection with and appurtenant to said railroad, may take 
and have, use and occupy any lands, upon either side of 
said railroad, not exceeding three hundred feet in depth 
from said railroad ; and may take, have, use, and occupy all 
lands necessary for tlie construction and preservation of all 
necessary bridges fur said railroad; and said company may 
take all such lands, by gift [or] purchase, making satisfac- 
tion for the same in the manner hereinafter provided. 

§ 3. The said company, and under their direction, their snryevB nnd 
agents, servants and workmen, are hereby authorized and ^^=^°^'"'^^'''"^- 
empowered 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 or take lands [levels] of the 
same, or any part thereof, and to ascertain and let out such 
part or parts as they shall think necessary and. proper for 
making said railroad, and also to make, build, erect or set 
up in and upon the route of said railroad or upon the land, 
adjoining or near the same, all such works, ways, or roads 
and conveniences, as may be requisite and convenient for 
the purposes of said railroad ; and also, from time to time, General powers, 
to alter, repair, construct or reconstruct, widen or enlarge 
the same or any of the conveniences above mentioned, as 
well f )r the carrying and conveying goods, commodities, 
timber and other things to and upon the said railroad, as 
fi^r carrying all kinds of materials necessary for the making, 
erecting, furnishing, altering, repairing, amending, recon- 
structing or enlarging the works of or connected with tlie 
said railroad, and contract and agree with the owner or own- 
ers thereof for timber, earth, stone, sand, gravel or other 
material, or any article whatever, which may be wanted in 
the construction or repairing of said railroad or any of its 
appurtenances, said company doing as little damage as pos- 
sible in the execution of the powers hereby granted, and 
making satisfaction in the manner hereinafter mentioned 
for all daniciges, if any there be, sustained by the owner or 
owners of said land. 

§ 4. Said company shall make contracts and agree with Contracts, 
the owner or ownei'S of such land or lands as the said com- Owners of land, 
pany may wish to use or occupy for the purpose of said rail- 
road or for the jjurposo of securing said gravel, stone, earth, 
timber or ot'ier material, to be used in tlie construction of 
said railroad, for the repiir of the same; and in case said 
company cannot agree with the owner or owners of all or 
Vol. 111—29 



226 KATLROAD COMPANIES — INCOEPORATBD. 

any part of such lands, as aforesaid, so as to procure the 

same, by the voluntary deed or acts of such owner or own- 

Whenowuera crs, or if the owner or owners thereof, or any or either of 

mmor, c;c. them, be 2^ femrae covert, an infant, non cowpos mentis^ 
unknown, or out of the county, in which the land or any 
property be situated, the same may be taken, condemned 
and paid for, if any damao:es are awarded, in the manner 
provided by the general laws now in force or which may 
hereafter be in force providing for the condemnation of 
lands for purposes of internal improvement. 
Amonn'ofcap- § 5. The Capital stock of Said Company shall bc oue mil- 

ituistocic. |.^^ (1,000,000) dollars, and the same may be increased, 
by a vote of the majority of the stockholders, at any regular 
meeting or at any called meeting, before notice being given 
to each stockholder of such meeting and its objects : Pro- 
vided^ the total amount of stock shall not exceed the sura 
necessary to build and complete said railroad and furnish 
the necessary buildings, machine shops, station houses, wa- 
ter tanks, wood shed, depots, engine, freight and passen- 
ger cars, and all other necessary rolling stock for carrying 
on the business of said railroad, 
stock deemed § 6. The Capital stock of said company shall be divided 

fy'-md^'iaiisfa:- i^to sharcs of 0110 liiiudred dollars, which shall be deemed 

*^'^- personal property, and may be issued, certiHed and regis- 

tered in such manner and in such places as may be ordered 
or provided by tlie board of directors, who shall have pow- 
er to require the payinent of stock subscription in the 
manner and at the time and place and in such sums as they 
Collection of may direct ; and on refusal or neglect on the part of any 

been'forceci'.'*''^ stockholders to pay the calls on tlie stock owned by him 
or her, as required by the board of directors, the share or 
shares belonging to such stockholders, may, after thirty 
days' public notice, be sold at auction, under such rules as 
the directors may adopt; and if any surplus may remain, 
after deducting the payment due, with interest and neces- 
sary costs of sale, the same tliall be paid to the delinquent 
stockholders. 
Vote of St. ck- § 7. Each share of stock on which there shall be no un- 
paid calls shall entitle the owner thereof to one vote, either 
in person or by legal proxy : Provided, that he or she shall 
have been the bona Jide owner thereof for thirty days pre- 
vious to the day of meeting at which said vote shall be otter- 
ed, and, f»rthat purpose, the ownership of shall be deter- 
mined by the bnoks of the company, 
?owei-.i of ihe § 8. The attiiirs of said company shall be managed by a 

duu.ioiB. Koanl of thirteen directors; and Vital Jari'ot, Edward Y. 

Pierce, JJewitt C IJarbour, Able Lonirwcrtli, Samuel E. 
^ Klanmigin, (Jalvin M. Clark, Aiulrew D. Dntt". Samuel 8. 

Mar^hall, jamo^ M. Lasatvr. J«ihn M. Crebbs, Jasper Part- 
ridge, Chailes Veileand T. 11. Dillon are hereby ap])oiuted 
the first board, who shall hold their offices until their sue- 



RAILROAD COMPANIES — INCORPORATED. 227 

cessors are elected and qualified, in such manner as may be 
prescribed by the by-laws of said company. Said board Pmegcs. 
shall have the power ofelectine^ one of their number presi 
dent and such other otiicers as may be prescribed by the 
by-laws. And such corporation shall be and is hereby in- 
vested with all the powers conferred upon railroad corpora- 
tions by the general railroad laws of the state of Illinois or 
any amendment now made or hereafter to be made thereto. 

i 9. The said company shall have power to borrow May borrow 
money to build, construct and equip said railroad, and [to] se- 
cure the payment of said money may mortgage lands, road 
or other property of said companj' ; may give bond on the 
income or any portion thereof, and may, by their officers or 
agents duly authorized, (shall) dispose of, negotiate or hy- 
pothecate such bonds, stocks or mortgages belonging to 
said company, at such times and places, and at such rates 
and for such prices as in their opinion will best advance the 
interests of said company ; and if such bonds, mortgages or saie of bonds 
stocks are sold at a discount, such sale shall be as valid and ^^^i^- 
binding, in every respect, as if sold at par value; and said 
company may authorize the holders of any bond or mort- 
gage, issued as aforesaid, to convert the same into the stock 
of the company: Provided, the stock then issued shall n it 
increase the actual issue beyond the amount of capital nec- 
essary to complete and equip the said road, as before men- 
tioned. 

§ 10. The several towns, cities or counties, through or near towd? and 
[which] said railroad shall pass, may subscribe for and take stock. 
stock in the company in any amount, not exceeding two 
hundred thousand (200. OuO) dollars, and may issue bonds, 
in payment of such stock, of live hundred dollars each, 
bearing interest at the rate of eight per cent., per annum, 
or less, payable half yearly in the city of New York, on the 
first days of January and July of each year — said bonds to 
run not longer than twenty five years; and a tax ot not 
more than one dollar on eac i one hundred dollars' worth of 
taxable property may be levied and collected in such towns, le^uou onaxes 
cities or counties, to pay tlie installments on such stock or 
to pay the principal of bonds issued in payment of such 
stock : Provided, no such 8ul)Scription shall be made and 
no such bonds shall be issued and no such tax shall be 
levied, unless the majority of the legal voters of such city, 
town or county shall vote for the same, at an election to be 
held under an order of the corporate authorities in cases of 
towns and cities, and of the ci>unty courts in cases of coun- 
ties; and in all cases of such elections, at least thirty days' 
previous notice thereof shall be given in the manner now 
prescribed by law : Provided, further, that a majority of i^^ai'^^rr's'^ *° 
the legal voters at any such election shall he held to be a ° 
majority ot" the legal voters of any such town, city or coun- 
ty ; and the question of making a subscription, issuing 



228 KAILEOAD COMPANIES — INCORPORATED. 

bonds and levying taxes, may be submitted as one question 
or as separate questions, at sucb election ; and either or 
all of said questions may be submitted to an election, at 
any time, by the direction of the authorities authorized to 
call such election. 
May connect § 11. Said Company shall have power to connect its 

with other roads j.^ilroad with auy continuous line of railroad now construc- 
ted in this state or the state of Indiana, on such terms as 
may be agreed upon between said compianies, and shall 
have power to open subs^cription books, in this or any other 
state, at such time and places as shall be determined by 
the president and directors, and shall have power to issue 
stock in payment for labor, materials, rolling stock or other 
machinery, in constructing, equipping or operating said 
railroad, and shall have the power to issue bonds and sell 
the same for money, labor, materials or rolling stock, to be 
used in building or operating said railroad. 
Mayn-gotiate § 12. Said compauy sliail have power to enter upon and 

roads!""*^''"^^^^'^ negotiate for any abandoned or unoccupied road-bed, upon 

the line of said railroad, and agree with the owners thereof 

as to the value of such road-bed, and make compensation 

for the same in the stock ot the company or otherwise. 

Injury to road, § 13. If any persou shall willt'ully, maliciously or wan- 

peuuityfor. touly and contrary to law obstruct the passage of any car 
on said road or any part thereof or any thing belonging 
thereto, or shall damage, break or destroy any part of the 
said railroad improvements or buildings, he, she or they, or 
any person assisting, shall forfeit and pay to said company 
for every such offense treble the amount of damages that 
may be proved before any comjietent courts having juris- 
diction of the same, and paid for in the name and in be- 
half of the said company ; and such offender or offenders 
shall be deemed guilty of a misdemeanor, and shall be lia- 
ble to an indictment in the same manner as other indict- 
ments are found in any county where such offense shall 
have been committed ; and, upon conviction, every such of- 
fender shall be liable to a tine, not exceeding five thousand 
dollars, for the use of the county where such indictment 
may be found, and may be imprisoned in the county jail 
for any time not exceeding six months, at the discretion of 
the court. 
Articles offered § 14. Said Corporation shall transport fire wood and 
for^ trausporta- ^-^^^^^ ^^' Qy^,yy deecri])ti()n, over its railroad, whenever the 
same shall be offered for transportation, at rates PS low as 
the rates said company shall charge for the transportation 
of other tVcights of a similar class. 

§ 15. This act shall be a public act, and be in force from 
and after its passage. 

Approved March 26, 1SG9. 



KAILKOAD COMPANIES — INCOEPOKATED. 229 



AN ACT to incorporate the St Louis, Mount Carmel and New Albany Rail- In force April 
road Oouipauy. !> ^^^ i. 

Section 1. Be it enacted dy the People of the State of 
Illinois, represented in the General Assembly^ That Win. corporatoi-s, 
Frieiid, Robert Bell, William W. McDowell, James M. 
Sharp, F. B. Thompson, John Bri^^senden, Alexander Stew- 
art, Aaron E. Scutt, Martin M. Wheeler, Daniel Wingate, 
Samuel K. Case^y, Willis D. Green, Amos Watts, Daniel 
Ilaj, Frederick Feiper and Vital Jarrot, and their associ- 
ates, successors and assia^ns, are hereby created a body pol- 
itic and corporate, under the name and style of "The Saint Name and s;yie. 
Louis, Mount Carmel and New Albany Railroad Compa- 
ny," with perpetual succession ; and, by tiiat name, both Corporatepow- 
in law and equity, may sue and be sued, plead and be im ^'^^■ 
pleaded, defend and be defended against, in any court in 
this state or any other place, and may make, have and use a 
common seal, and alter the same at pleasure ; and may re- 
ceive, purchase, hold, sell, lease, convey and deliver real 
and personal property, for the purposes hereinafter men- 
tioned ; and shall have all the powers, privileges, rights and 
immunities which are or may be necessary and proper to 
carry into effect the purposes and objects of this act. 

§ 2. Tlie Saint Louis, Mount Carmel and New Albany coa^tructioi^ 
Railroad Company shall have full power and authority to '^'" '"'' ''^^' 
locate, and, from time to time, to alter, change, relocate, 
construct, reconstruct, and to fully finish, equip and main- 
tain a railroad, with one or more tracks, from the east bank Ko.ueofroad. 
of the Mississippi river, opposite the city of Saint Louis, to 
the city of Mount Carmel, on the Great Waba-h river, by 
way of Mount Vernon, in Jeflerson county, Fairfield, in 
Wayne countj'^, and Albion, iw Edwards county; and, for 
this purpose, said company is authorized to lay out its said 
road, not exceeding one hundred and fifty feet wide, 
throughout the entire length of said road; and, for the pur- 
pose of obtaining stones, earth, sand or gravel, may take 
and appropriate as much more land as may be necessary 
for the proper construction, maintenance and security of 
said railroad; and, for constructing shops, depots and other 
suitable and convenient buildings and fixtures in connection 
■with and appurtenant (ces) to said railroad, may take and May ta e lands. 
have, use and occupy any lands, upon either side of said 
railroad, not exceeding throe hundred feet in depth from 
said railroad; and may take, have, use and occupy all lands 
necessary for the constructiori and preservation of all nec- 
essary bridges for said railroad. And said company may 
take all sucn lands by gift, purchase or making satisfaction 
for tiie same, in the manner hereinafter provided, 

§ 3. The said company, and, under tb.eir direction, smyevs and 
their agents, servants and workmen, are hereby authorized '^^•*'"'"-* 



230 RAILROAD COMPANIES — INCORPOEATED. 

and empowered to enter into and upon the lands and 
grounds of or belongini>: 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 ascertain and 
set out such part or parts as they shall think necessary and 
Construction of proper for makino; said railroad, and also to make, build, 

builclin'''s etc. *■ ' , ^ " , ' 

erect or set up in and upon the route of said railroad or upon 
the land adjoining or near the same, all such works, ways or 
roads and conveyi^,nces, as may be requisite and convenient 
for the purposes of said railroad, and, also, from time to time, 
to alter, repair, reconstruct, widen or enlarge the same, or 
any of the conveniences above mentioned, as well lor the 
carrying and conveying goods, commodities, timber and 
other things, to and upon the said railroad, as for carry- 
ing all kinds of materials necessary for the making, erect- 
ing, furnishing, altering, repairing, amending, reconstruct- 

Materiais. iijg or enlarging the works of or connecting with the said 

railroad, and contract and agree with the owner or owners 
thereof for earth, timber, stone, sand, gravel or other mate- 
rials, or any article whatever, which may be wanted in the 
construction or repairing of said railroad or any of its 
appurtenances, said company doing as little damage as pos- 
sible in the execution of the powers hereby granted and 
making satisfaction, in the manner hereinafter mentioned, 
tor all damages, if any there be sustained, by the owner or 
owners of said land. 
Procure addi- g 4. Said Company may contract and agree with the 
owner or owners of such land or lands as the said company 
may wish to use or occupy for the purpose of said railroad, 
or for the purpose of procuring said gravel, stone, earth, 
timber or other material, to be used in the construction of 
said railroad for the repair of the same ; and in case said 

„,^''^° "7"®'' company cannot agree with the owner or owners of all or 

miiior, ate. r> i i i • 

any part of such lands, as atoresaid, so as to procui'e the 
same by the voluntary deed or act of such owner or owners^ 
or if the owner or owners thereof, or any or either of them, 
be a fe) lime covert, an infant, n on compos mentis, unknown, 
or our, of the county in which the lands, or any property 
wanted be situated, the same may be taken, ct)ndemMed 
and paid for, if any damages are awarded, in the manner 
provided by the general laws now in force or which may 
hercalter ite in force providing for the condemnation of the 
right of way for pur])uses iA' internal improvement; and the 
final decision or award shall vest the com[)nny hereby cre- 
ated with all the riglits, ])rivileges, powers, franchises and 
ininiunitics in said act contemplated. 
AmouutciJiiitai § 5. The Capital stock of said company shall be four 
^'^'"^^" millions of dollars, and the same may beincreaaed by a vote 

of the majority of the stockholders at any regular meeting 
or at any called meeting, legal notice being given to each 
stockholder of such meeting and its objects: Provided, the 



RAILROAD COMPANIES — INCORPORATED. 231 

total amount of stock shall not exceed the sum of eight mil- 
lions of dollars. 

§ 6. The capital stock of said company shall be divided stock shfires 
into shares of one hundred dollars each, which shall be Ifl^'^''^^ p"^"?' 
deemtd personal property, and may be issued, certified and 
registered in such manner and in such places as may be or- 
dered or provided by the board of directors, who shall have 
power to require the payment of stock subscriptions in the 
manner and at the time and place and in such sums as they 
may direct ; and on such refusal or neglect on the part of saie of deim- 
any stockholder to pay the calls on the stock owned by him i"*^^' ^''°c^'- 
or her, as required by the board of directors, the share or 
shares belonging to such stockholder may, after thirty days' 
public notice, be sold at auction, under such rules as the di- 
rectors may adopt; and if any surplus money remain, after 
deducting the payment due, with interest and necessary 
costs of sale, the same shall be paid to the delinquent stock- 
holder. 

§ 7. Each share of stock on which there shall be no un- who entitled 
paid calls shall entitle the owner thereof to one vote, either to^oie. 
in person or by legal proxy : Provided, that he or she shall 
have been the bonajide owner thereof for thirty days previ- 
ous to the day of meeting at which such vote shall be 
offered, and, for that purpose, the ownership of said stock 
shall be determined by the books df the company. 

§ 8. The board of directors of said company shall condst First hoard of 
of seven per^-^ons, each of whom must be a stockholder there- 
in; and the first board of directors shall be chosen within 
one year from the passage of this act, and shall hold their 
offices for one year and until their successors are duly 
elected and appointed; and said board of directors shall Election of 
elect one of their own number president and shall al?o elect ° 
a secretary and treasurer, and such other officers as may be 
necessary for the transaction of the busiiiei-s of said com- 
pany, who shall hold their offices as the rules and by-laws 
of said company shall determine. Vacancies in the said 
board may be tilled by vote of two-thirds of the directors re- 
maining — such appointees to continue in office until the 
next regular annual election of directors. 

§ 9. The said company shalt have power to purchase ^ray iinrchase 
lauds with the stock of said company, or otiierwise, and to i^nds wuti stocii 
borrow mt«ney to build, construct and equip said railroad ; 
and, to secure the payment of said money, may mortgage 
the lands, road or otlier property of said conipany ; may 
give bond on the income or any portion thereof, and may, 
by their officers or agents duly autliorized, sell, dispose of, 
negotiate or hj^pothecate such bonds, stocks or mortgjjges 
belonging to said company, at such tiuies and places and at 
such rates and for such prices as in their opinion will best 
advance the interest of said company ; and if such bonds, Saje of bonds 
mortgaeres or stocks are sold at a discount such sale shall 



233 RAILKOAD COMPANIES — INCOEPOKATED. 

be as valid and bindinor, in every respect, as if sold at par 
value; aud said compauj may authorize the holders of any 
bond or mortgage, issued as aforesaid, to convert the same 
into the stock of the company : Frovidtd^ the stock thus 
issued shall not increase the actual issue bejond the amount 
of eiiiht millions, as before mentioned. 
Towns and § 10. The Several towns, cities or counties through or 

stock."^^^ ^^^'^ J^sar -which said railroad shall pass, may subscribe for and 
take stock in this company, and may issue bonds, in pay- 
ment for said stock, of five hundred dollars each, bearing 
interest at th'e rate often per cent, per annum, or less, paya- 
ble half yearly in the city of JSew York, on the first days 
of January and July, in each year, and bonds to run not 
Levy tax to longer than twenty-live years ; and a tax of not more than 

i)aj iuLerc.st. one dolhu' ou eacli one hundred dollars' worth of taxable 
property may be levied and collected in such town, city or 
C'lunty, per annum, to pay the installments on such stock, 
or to pay the interest and principal of bonds issued in pay- 
ment for such stock: Provided^ WvaX no such subscription 
shall be made, no such bonds shall be issued, and no such 
Submitted to ^'^^ shall be levied, unless a majority of the legal voters of 

legal voteis. g.^j txjvvn, city or county shall vote for the same at an elec- 
tion to be held under order of the corporate authorities in 
cases of towns and cities, and of the county court or board 
of supervisors in cases of counties: Promded^ further^ that 
a majority of legal voters at any such election slmll be held 
as a majority of the legal voters of any such town, city or 
count}'; and the questions of making a subscription, issuing 
bends and levying taxes, may be submitted as one ques- 
tion or as sepaiate questions at such election ; and either or 
all of said questions may be submitted to an election, at 
any time, in the discretion of the authorities authorized to 
call such election. No such election shall be held, unless 
Tiotice of the same [be given,] for at least thirty days prior 
to the day of holding such election, in the manner now pre 
scribed by law for giving notices of elections. 
MnyuTiiiewith | 11, Said Company sliall have power to connect its rail- 
'' '""^ '^" road with any continuous line of railroad now constructed 
ill this state or the state of Indiana, on such terms as may be 
agreed upon between said companies, and shall have power 
to open subscrii>tion books in this or any other state, at 
fuch tiuies and [)laees as sliall be determined by the presi- 
Lnbor and ma- dt'iit iiiul dircctiirs, and sluiil have power to issue stock in 

finals received, p 1^^^.,,^ f^j,. labor, uiatcrials, rolling stock, or other ma- 
chineiy, in constructing, eqiiij)ping or o])erating said rail- 
road, and shall have power to issue bond.s and tell tlie same 
lor money, labor, materials or rolling stock, to be used in 
building or oi)erating said railroad. 
Avtuicsofrered ^ 12. Said Corporation shall transport firewood and 

liun. fuel, 01 every description, over its railroad, whenever the 

tjume shall be ofiered for transportation, at rates as low as 



RAILROAD COMPANIES — INCORPORATED. !i^^ 

the rates said company shall charge for the transportat'on 
of other freights of a similar class. 

§ 13. This act to be a public act, and to be in force from 
and after its passage. 

Approved April I, 1869. 



AN ACT to incorporate the St. Louia, Paaa and Detroit Railroad in for o April 

Company. 9, 1S69. 

Section 1. Be it enacted by the People of the Slate of 
Illinois^ represented in the General Assembly^ That A. C. corporatora. 
Vandewater, John L. Hajward and J. C Helinick, of 
Christian county, John Casey and George Durkee, of Shel- 
by county, J. T. Alexander, of Bond county, David Gil- 
lespie, J. W. Kitchell, Abraham Middlesworth, Daniel M. 
Turney, Joseph E. Eden, Beverly H. Cornwell, Maiden 
Jones. W. H. Lamb, George Hunson, John L. Tincher, 
and Wm. P. Chandler, are hereby made and constituted a 
body corporate and politic, by the name and style of "The Name and style. 
St. Louis, Pana and Detroit Pailroad Company," with per- 
petual succession ; and, by that name and style, shall be corporatepow- 
capable, in law, of taking, purchasing, holding, leasing, ^'^^' 
selling and conveying estate and property, whether real, 
personal or mixed, so far as the same may be necessary for 
the purposes hereinafter mentioned, and no farther; and, 
in their corporate name, to sue and be sued ; to have a com- 
mon seal, which they may alter or renew at pleasure ; and 
may liave and exercise all powers, rights, privileges and 
immunitias which are or may be necessary to carry into 
eifect the purp >ses and objects of this act, as the same are 
hereinafter set forth. 

§ 2. That said company are hereby authorized and em- May locate road 
powered to locate and, from time to time, to alter, change construction of 
and maintain a railroad, with one or more tracks, commencing '°'''^" 
at or near Bloody Island, in the state of Illinois, opp'^site 
the city of St. Louis, in the state of Missouri, on the Mis- 
sissippi river; thence, on the most practicable route, to be Route of roi.d 
determined by said directors or their successors in ofiice, 
from said point to the city of Pana, in Christian county, 
state of Illinois ; thence, in the direction of Detroit, in the 
state of Michigan, by the way of Sullivan, in Moultrie 
county, Tuscola, in Douglas county, and Danville, in Yer- 
milion county ; and the said company are further autho- 
rized to use and operate said railroad, and shall have pow- 
er and authority to regulate the time and manner in which 
goods, eliects and persons shall be transported on the same, 
and to prescribe the manner in which said railroad shall be 

VoL 111—30 



234 RAILROAD COMPANIES — INCOKPOKATED. 

used and the rate of toll for transportation of persons or 
property thereon, and for the storage of merchandise or 
other property under their charge, and shall have power to 
provide all necessary stock and materials fur the operation 
of said road, and shall have power to erect all necessary de- 
pots, stations, shops, and other buildings and machinery, 
for the accommodation, management and operation of said 
road. 
•First board of § 3. The following named porsons shall constitute the 

direciors. gj.g^ board of directors, to wit : A. C. Yandewater, John S, 

Hay ward, J. C. Helmick, John Casey, George Durkee, J. 
F. Alexander, David Gillespie, J. W. Kitcliell, Abraham 
Middlesworth, Daniel M. Turney, Joseph E. Eden, Bev- 
erly H. Cornwall, Maiden Jones, W. H. Lamb, George 

organizaUon. Hunsou, Johu L. Tinchcr and Wm. P, Chandler, Said 
directors shall organize the board within three years from 
the passage of this act, by electing one of their number 
president and by appointing a secretary and treasurer. 
And the directors present shall certify the said organiza- 
tion, under their hands, which certificate shall be recorded 
in the record book of said company, and shall be sufficient 

Term of office, evidence of the organization of said company. The direc- 
tors herein named shall hold theiroffice until the first Wed- 
nesday in October following their organization and until 
their successors are elected and qualified as hereinafter pro- 
vided for. Vacancies in the board may be filled by a vote 
of two-thirds of the directors remaining at any regular 
meeting or at any special meeting called for the purpose. 
Openbooksfor § 4. The withiu named directors shall, within ninety 

anbscnptioD. ^^^^ ^^^^^ ^j^^j^. Organization, give at least thirty days' no- 
tice of the time and places along the line of said road when 
books will be opened for the purpose of procuring subscrip- 
tions to the capital stock of said company, and said direc- 
tors shall continue to receive subscriptions, either person- 
ally or by such agents as they shall appoint for that pur- 
pose, until the sum of one hundred thousand dollars is sub- 
siirvey audio- scribod aiul five per cent, paid thereon. Said directors, or 

cateraiiroa . tjjgjj. succcssors, may procced, by their engineers, to sur- 
vey, locate and construct said railroad, as prescribed by the 
general laws of this state now in force or which may here- 
after be enacted, providing for the condemnation of land 
for the purposes of internal improvement. Certificates of 
stock shall he signed by the president and Ci)untersigned 
by the secretary and treasurer of said company, each of 
whom shall keep a fair record of the same, which shall be 
subject to the ins|)ection of any stockholder. 

Annual eieciion. ^ 5. Said board of directors and each succeeding board 
Board of direc- sliall give at least thirty days' notice, previous to the first 

*""• Wedne.-day in October of each year, of an election by the 

stockholders of a board of fifteen directors, at least eleven 
of whom shall be chosen from stockholders resident within 



KA.ILROAD COMPANIES — INCOBPOKATED. 235 

the counties through which the road is located. All elec- 
tions fur directors shall be held at the city of. At ^^Who entitled 

any election held for 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 
are elected and qualilied. All elections for directors to be Judges of eiec- 
conducted by three judges, selected by the stockholders '^"'^" 
present. IS'o stockholder shall be allowed to vote at any 
election after the first for any stock which may have been as- 
signed to him within thirty days previous to said election 
or upon any stock upon which there is any due and unpaid 
installments. 

§ 6. If any board of directors fail or refuse to give no- .on refusal to 

. " . , . *' 1 . •/• n f .1 1 1 ,_■ /? gi'^'J notice of 

tice ot the time herein specified for the annual election of election, 
directors, then any five stockholders may, in writing, re- 
quire the secretary to give thirty days' notice, and it 
shall be his duty to give said thirty days' notice, so required 
for anv election of directors ; and at the expiration of the 
time, the stockholders present shall proceed and elect di- 
rectors as herein provided, for the election of directors, and 
the directors so elected shall constitute the legal board. 

§ 7 The general otfice of the company shall be located Location of 

in the city of , where all the books of record °^'^®' 

shall be kept and the general business of the company shall 
be transacted. Said otfice may be located at the city of 

by the action of two-thirds of the directors, at 

the annual meeting or at any special meeting of the said 
board of directors called for the purpose of determining 
the location of said offices. There shall be kept at the 

secretary's ofiice, in the city of , a full record 

of the name and residence of each stockholder and the 
number of shares held by each. Said record shall, at all 
times, during business hours, be subject to the inspection of 
any stockholder. 

I 8. The several counties, cities, villages, incorporated ^.j^T^g^'^^j^y ^^^e 
towns and the several townships in counties having town- Btock. 
ship organization, through or near which the said road shall 
be located, are hereby authorized to raise money, by a tax 
to be levied upon all the real and personal property in the 
said several counties, cities, villages and incorporated towns 
and townships, and to subscribe the same to the capital 
stock of said corporation hereby created, for the purpose 
of aiding in the construction and completion of said road ; 
and the said several counties, cities, villages, incorporated issue bonds. 
towns and townships, as aforesaid, are further authorized 
to issue bonds, drawing interest at the rate of ten per cent, 
per annum ; which said bonds shall be negotiable and pay- 
able in the city of New York, in not less than one nor 
more than ten years after the date of the same : Provided^ 



236 KAILROAD COMPANIES INCOKPOKATED. 

that DO subscription shall be made or no taxes be levied 
until the same shall be voted for as hereinafter provided. 
Request for an § 9. Whenever twenty-live voters of any such county, 

eiecuou. village, town or township shall make a written application 

to the county clerk of such county, or twenty-live voters 
of any such city, incorporated village, town or township 
shall make such application to the clerk thereof, requiring 
an election by the legal voters of such county, city, village, 
town or township, to determine whether such subscription 
shall be made and such tax levied, specifying in such appli- 
Noticeofsiec- cation the amount, such clerk shall file such application in 
his office, and immediately give the notice, as required by 
law, for an election to be held by the legal voters of such 
county, city, village, town or township, at the usual places 
of holding elections ; and such election shall be held and 
conducted, in all respects, and the returns thereof made as 
in cases of annual elections. 

When majority § iO. If the majority of voters voting at such election 

scription.' ^" shall be in favor of such subscription and tax for the pay- 
ment thereof, then such county^ city, incorporated village, 
town or township, by its proper corporate authority, shall 
levy such tax and subscribe to such corporation the amount 
thereof, to be determined or voted for at any such election. 

Issue bonds. and shall issue to said corporation their bonds for such 
amount, drawing ten per cent, interest, per annum, and pay- 
al)le in not less than one nor more than ten years. The said 
bonds, when issued, are to be irrevocable, negotiable and 
payable as in section 8, as aforesaid, 
conuties and § H- If any couutv, city, village, town or township 

stOTk'? "^^ *''^'' shall subscribe to said capital stock, under the provisions 
of this act, and shall issue their bonds, said bonds shall be 
in full payment of their said subscriptions; and the super- 
visors of said townships or county court of such county 
and the corporate authority of such city, village or town 
shall, annually, appoint some suitable person to represent 
and vote upon the stock so subscribed and levied, as afore- 
said. 
Tirr.pornom- R 12. The Said comoauy shall be allowed three vears 

coDMiieuou oi trom the passage t>t this act tor tlie coinmencement ot said 

''""'^' railroad, and in case at least thirty miles of the same shall 

not be completed in ten years thereafter the privileges 
granted herein shall be forfeited. 
Power to con- § 13. Said Company shall havB powcr to Unite its rail- 

Bohdtttero.d. j-oaci^ in whole or in part, with any other continuous lines 
of railroad or railroads now constructed or which may here- 
after be constructed in this state, coming in contact there- 
with, and to grant to any such company or companies the 
rioht to use the whole or any portion of said line of road 
hereby authorized to be constructed, upon such terms as 
may be mutually agreed between the said company or com- 
panies. 



KAILKOAD COMPANIES INCOKPOEATED. 

§ 14. Said company are hereby authorized to take and J'^^fffe 1° 
receive from the 8everal subscribers to the capital stock payment of sab- 
mortgau;es on real estate, tor and m payment ot the lulL 
amount of the subscriptions, which mortgages may bear in- 
terest at the rate of ten per cent., annually, and be payable 
at such times as said directors and subscribers shall agree. 

§ 15. The capital stock of said company shall consist of Amount capital 
two millions of dollars, and may be increased to six millions ^''^'^^• 
of dollars, to be divided into shares of fifty dollars each. 

§ 16. That said railroad company, by this act incopo- ^^^^ borrow 
rated, shall have power to borrow money, on the credit of mouey. 
the company, not exceeding its authorized capital stock, at 
a rate of interest to be agreed upon, per annum, payable 
semi-annually, and may execute bonds therefor, with in- 
terest coupons thereto attached or annexed, and secure the 
payment of the same by mortgage or deed of trust on the 
whole or any part thereof of said road property, and in- 
come of the company then existing or thereafter to be ac- 
quired ; and may annex to such mortgage bonds the privilege 
of converting the same into the capital stock of the com- 
pany, at par, at tlie option of the holders, if such election 
be signified, in writing, to the company, three years be- 
fore the maturity of said bonds. 

§ 18. That the directors of said company be and they s.ie of bonds. 
are hereby authorized to negotiate and sell the bonds ot the 
said company at such times, and in such places, either 
within or without this state, and at such rates and at such 
prices, as in their opinion will best advance the interests 
of the company; and if such bonds are thus negotiated or 
sold at a discount, below their par value, such sale shall be 
as valid and binding on the company, in every respect, as 
if they were sold or disposed of at their par value. 

§ 18. That the said company, in securing the payment payment Recnr- 
of said bonds by a mortgage or deed of trust on the road, «'£i ^^y "ortj^age. 
property and income of the company, shall have power to 
execute a mortgage or deed of trust, aforesaid, to receive 
the payment of the full amount of bond and interest which 
tiie company may at the time said deed of trust or mort- 
gage bears date, or at any time thereafter, desire to sell or 
dispose of, and may execute and sell, from time to timep 
euch amounts of said bonds and of such dates and payable 
to such person or persons as to the directors of said com 
pany may seem advisable, till the whole amount of bonds 
inentiuned in such mortgage or deed of trust is executed 
and sold ; and the said mortgage or deed of trust shall be as 
valid and efi'ectual to secure the payment of the bonds so 
executed and of every part thereof, as if the same and ev- 
ery part thereof had been executed of even date with the 
said deed of trust and ujortgage. 

§ 19. The preliminary acts in organizing the St. Louis, former acts 
Pana and Detroit Railroad Company, contemplating the ®''**^* ' 



238 KAILKOAD COMPANIES — INCORPORATED. 

organization of the road herein corporated be and the same 
are hereby legalized by this act of incorporation of the St. 
Louis, Pana and Detroit liaih-oad. 
Rules for gov- § ^0. The board of directors shall have power to make 
er meut. all needful rules, regulations and by-laws, for the govern- 

ment of said company, not provided for nor inconsistent 
with this incorporating act. 

§ 21. This act shall be deemed to be a public act, 
and shall be favorably construed, and shall take effect from 
and after its passage. 

Approved April 9, 1869. 



In Mrce March ^^ ACT to^ incorporate the St. Louis and Souttieastern Railroad Company. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That Orval 

Corporators. Pool, James H. Wilsou, Joscph J. Castles, Samuel S. Mar- 
shall, Aaron G. Cloud, Richard W. Townshend, Samuel 
R. Casey, Willis D. Green, Thomas H. Hobbs and Kd- 
mund 1'. Winslow, and such other persons as they may 
associate with them for the purposes of this act, are hereby 
constituted a body corporate and politic, by the name and 

Name and style, ^^.y^^ '-'^- ""^^^^ ^^ Louis and Southeastern Railway Com- 
pany," with perpetual succession ; and, by that name and 

(-opporatepo^. style, shall be capable, in law, of taking, purchasing and 

^i« holding, leasing, selling and conveying estate and other 

property, whether real or personal or mixed, so far as the 
same may be necessary to carry into full effect the pur- 
poses hereinafter mentioned ; and, in their corporate name, 
may sue and be sued ; have a coinnion seal ; and may have 
and exercise all powers, rights, privileges and immunities 
which are or may be necessary to carry into effect the ob- 
I'ects and purposes of this act, as the same are herein set 
■forth. 

Construction of § 2. The Said railway companj" shall have full power to 

^°^^ locate, construct, furnish, maintain and operate a railway, 

with one or more tracks, across the whole state of Illinois, 

Ronteof road. ^''■'"" ^^^^ bank of the Mississippi river, opposite the city of 
St. Louis, in Missouri; tlience to Mt. Vernon, in Jefferson 
county, Illinois; thence to McLeansboro, in Hamilton 
county ; thence to Equality ; and thence to Shawneetown, 
on the Ohio river ; and, for this purpose, are authorized to 
lay out their said road or railway, not exceeding one hun- 
dred and fifty feet, through its whole length ; and, for the 
})urposo (>f cuttings, embankments, depot.s, grounds, and 
other necessary uses, including sidings and branches, not 
exceeding ten miles in length — may take as anuch more 



BAILROAD COMPANIES — INCORPORATED. 



239 



land as may. be required for the construction, security and 
business of the said railway. 

§ 3. The capital stock of said railway company shall be Amoum capi- 
three millions of dollars, which may hereafter be increased, t^'^o'^*^- 
by a vote of the majority in interest of the stockholders, at 
any meeting called for such purpose, to any amount, not 
exceedino; ten millions of dollars; and such capital stock 
shall be divided into shares of one hundred dollars each. 
No stockholder shall be held liable for the debts or other 
liabilities of the company beyond the amount of stock for 
which he may have subscribed. 

§ 4. The stock of said company shall be deemed per- stock deemed 
Bonal property, and may be issued, certified, transferred P^ty.""'^^ ^^"^' 
and registered in such manner and at such place 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, at the time and in such sums as they may di- 
rect ; and on the neglect or refusal on the part of the stock- 
holders or any of them to make payment, on the requisi- 
tion of the board of directors, the sharesof stock delinquent 
or 80 unpaid may, at the option of said board of directors, 
after thirty days' public notice, be sold at public auction, 
under such rules as the directors may adopt ; the surplus 
money, if any remains, after deducting the payment due, 
with interest and cost of sale, to be paid to the delinquent 
stockholder, or the directors may commence proceedings at 
law for the collection of any and all amounts duly sub- 
scribed and unpaid. 

§ 5. The immediate government and direction of said ^'1^^!'^^^™^°- 
company shall be vested in ten directors, who shall be tors. ^ 
chosen, annually, by the stockholders, and hold their offices 
until a new board is chosen and qualified. Until a first 
choice of directors, the corporators above named shall con- 
stitute the b(»ard of directors, with power to fill vacancies 
and discharge all the duties which might be vested in a 
board of directors, as herein provided; and six of the corpo- 
rators shall be a quorum, and may, at any time af'er the 
passage of this act, cause books to be opened for subscrip- 
tions to the capital stock of the company, at such time or 
times and place or places, according to such conditions and 
regulations, and under the supervision of such persons as 
. they may direct. The corporators and directors shall choose 
one of their number as president and select a secretary and 
treasurer, each of whom shall be a stockholder in the com- 
pany. 

§ 6. All the corporate powers of said company shall be corpovaie pow- 
vested in anu exercised by the board of directors, a ,-^1^.. "^> ^"^^'^'-'^'cd- 
jority of whom shall constitute a quorum for the transaction 
of all business, and shall have power to appoint such other 
officers, agents or servants as they may deem necessary. 
Yacancies in the board may be tilled by a majority of those 



240 



EA.ILROAD COMPANIES — INCORPORATED. 



Stockholders' 
vote. 



May 
money. 



borrow 



Dividends. 



remaining — such appointees to remain in office until the 
successors of the then board shall be qualified. The annual 
election of directors shaii be held on the second Tuesday in 
February, in each year, or on such other day as may be 
ordered by the board, at such place as may be provided by 
the directors, thirty days' notice being given, by publica- 
tion in one or more newspapers published on theline of said 
railway. 

§ 7. At any election for choosing directors or for other 
purposes, each share of stock, unless otherwise directed and 
provided by the board of directors, after due notice and ac- 
tion thereon by three fourths of the whole number of direc- 
tors, shall be entitled to one vote, to be given either in per- 
son or by proxy ; and those persons receiving the highest 
number of votes, each being voted for directly, shall be de- 
clared duly elected, and shall hold their ofdces until the 
next, annual election and until their successors are elected 
and qualified. All elections of directors shall be conducted 
by three stockholders, chosen by those present. 

§ 8. The board of directors are hereby authorized, for 
and in behalf of said company, to borrow money, from time 
to time, on the credit of the company, at any rate of inter- 
est not exceeding ten j">er centum, per annum, for the pur- 
poses of construction, equipment and machinery, and other 
purposes, as necessities may arise, and may issue its corpo- 
rate bonds therefor, in denominations not less than one 
hundred dollars, with coupons attached for the interest ; 
and, to secure the payment thereof, with the interest that 
nja}' accrue thereon, may mortgage their corporate property 
or franchise, or both, or may convey the same by deed of 
trust, for said purposes. And the directors may cause to be 
issued, when in their judgment the same may be necessary, 
certiticates of stock, whicli shall be duly registered, signed 
and executed, which shall be called and held prefe^-red ; 
and to which stock certificates and to the holders thereof 
shall be given such rights, privileges and immunities as may 
be deemed best tor the interests of the railway : Provided, 
the whole amount of such preferred stock shall not exceed 
thirty tliousand shares, of one hundred dollars each. And 
they may, through their president or other officers or agents, 
bell, disjiose of or nogotuite such bonds or stock, or both, 
within or without this state, at siuih times and at such prices 
as may be deemed exix'dient, either before, during or after 
the construction of Baid railway ; and all such sales and 
negotiations shall be held legal and valid. 

§ 9. The said company shall, annually or semi-annually, 
make such dividends as they may deem proper of the net 
income, profits or receipts of \.\w said company among the 
stockholders, according to the value of their interests. The 
company shall have power to contract for the buildino^ of 
said railway, or any portion thereof, by their president, with 
the eonsent or approval of the board of directors, or a ma- 



EAILEOAD COMPANIES — INCORPORATED. 241 

jority of them ; and power to contract for, purchase and 
place on said railway, all machines, machinery, rolling 
stock and other property which they may deem necessary 
for constructing, equipping and operating said railway ; 
also power to transport or carry upon said railway, by force 
of steam, animals or a combination of them, passengers and 
property of all kinds; and may fix, establish and receive 
such rates of toll therefor as the directors shall, from time to 
time, establish ; and shall carry and transport the mails at 
agreed rates. 

§ 10. The said company shall have power to consolidate t^'onsoiidation 
and connect its railway with any other continuous line of 
railroad now authorized or hereafter authorized, within or 
without this state, to be constructed, upon such terms as 
may be agreed upon, and, for that purpose, full power is 
hereby given to make and execute such contracts as will 
secure the objects of such consolidation or connection. 

S 11. The said railway may be constructed in sections ^ construction 

„" ., , 1 1 "^ 1 ,• , , 1 between certain 

of any prescribed length ; and any portion so constructed pointB. 
may be put in operation, with the full powers of collecting 
tolls given in section (9) nine. The board of directors shall 
have power to control and regulate the manner of trans- 
portation of persons and property, and shall have power to 
make, ordain, establish and execute, all such by-laws, rules 
and regulations as they may deem necessary and expedi- 
ent to fulfill the purposes and carry into eftect the provis- 
ions of this act, and for the well ordering and securing the 
alfairs, business and interests of the company. 

§ 12. Whenever it shall be necessary, for the construe- Right to inter- 
tion of said railway, to intersect or cross the tract of any ^^'^"■*i™'' • 
other railway or to cross any stream of water or water 
course or road or highway, lying on the route of said rail- 
way, it shall be lawful to construct said railway across, 
upon or by the side of the same : Provided^ that said com- 
pany shall restore the said road, stream or water course in 
a sufficient manner not to materially impair the same in its 
usefulness ; and it shall be lawful for the incorporate au- 
thorities of any incorporate city or town, through which 
said railway shall be located, to donate or lease to said rail- 
wa}^ company, as a right of way, the right to lay one or 
more tracks through said city or town, or any portion there- 
of, on any street or highway or alley. 

^ 13. The said company, and, under their direction, Survevs and 

,1 . . 1^77 ' exammat ons. 

their servants, engmeers, agents or workmen, are hereby 
authorized to enter upon and into the lands and grounds^ 
of the state, of any person or persons or bodies politic or 
corporate, and survey and take levels of the same, or any 
part thereof, and to lot out and ascertain such parts as they 
may deem necessary for building said railway, with one or 
more tracks, sidings and branches, and, for all the purposes 
connected with said railway, to take, appropriate and use 
Vol.III-31 ^^ 



242 EAILEOAD COMPANIES INCOBPOKATED. 

any lands, to cut down all timber and other trees within 
seventy-five feet of the centre line of said railway, and also 
to erect, build, set up, in and upon the route of said railway 
or upon the lands adjoining the same, all such works, 
banks, ways, roads and conveniences, as may be required 
for the purposes of said railway, and to widen, amend, 
repair and improve the same, from time to time, as may be 
found necessary ; and for materials to build, ballast and re- 
pair the same or any of them and the right of way to said 
materials, the said company are hereby authorized and em- 
powered to take, condemn and use the same, under the pro- 
visions of "An act to amend the law condemning the right 
of way for purposes of internal improvement," approved 
June 22, 1S52, and any other law of this state that may be 
in force ; and in estimating' damages for the right of way or 
other rights affected under this act, commissioners or juries 
shall take into consideration the benefits to be derived by 
the owner or occupiers of said land from the construction 
and operation of said road. 

May receive § 14. The Said Company is hereby authorized to receive 

gifts, etc. ^^(j ^^gg g^j^y subscriptions, donations or gifts, whether made 

in connection with the capital stock or otherwise, either in 

money, land or other values or property, and may issue 

shares of capital stock therefor. 

connties may § 15. The Several counties in which any part of said 
take stock. railway may be hereafter located, or that may lie on or 
near the line of the railway, and the several townships in 
such counties which have adopted or may hereafter adopt 
township organization, and the cities and incorporated 
towns in the said counties, are hereby autlioiized to sub- 
scribe and take stock in said company upon the application 
of said company, for such an amount as they may think 
proper, payable in bonds, lands or right of way, and sub- 
ject to such agreements and stipulations, as to the route of said 
railway, the time of delivery and payment of the bonds, 
as maybe agreed upon: Provided, that no subscription 
shall be made by any county court nor by the legal au- 
thorities of any incorported city or town or township, until 

Submitted to after the question of such subscription shall have been sub- 
legai voters. mittcd, by order of the county court or other legal authori- 
ties of said city, town or township to the legal voters thereof, 
at a general or special election, to be called, conducted and 
returns made, canvassed and published in the usual manner 
of conducting elections in said county, incorporated city or 
^town, or township. All such notices sliall state the amount 
*of such subscrii)tion that would be submitted at such elec- 
tion ; at which election each voter shall vote a ticket, upon 
which is printed or written " For subscription" or "Against 
suljscription ; " and it a m;ijority of the ballots cast at such 
election sliull be " For t^ubsc-ription " it shall be the duty of 
tlie county court or the legal authorities of such iucorpora- 



EAIIKOAD COMPANIES — INCOKPOKATED. 2i3 

led city, town or township, to subscribe the amount stated 
in the order of election to the stockholders of said com- 
pany. 

§ ]6. Elections may be held in any such county, incor- Elections, 
porated city or town or township upon the question whether 
such county, city, town or township shall subscribe for any 
specified amount of the capital stock of said railway com- 
pany whenever a petition shall be presented, as hereinafter 
described ; and as often as may be required by petitioners, 
whenever a petition shall be presented to the county clerk, 
signed by tifty legal voters of any such county, setting forth 
the amount of stock to be taken by such county, and speci- 
fying the time for holding such an election, it shall be the 
duty of the county clerk of any such county to give thirty Time and place 
days' notice of the time for holding such election, which ^f election, 
time shall be the same as that specified in said petition ; and 
whenever a petition shall be presented to the supervisor of 
any such township, or to the corporate authorities of any 
such city or town, signed by twenty-five legal voters of 
any such township, city or town, setting forth the amount 
of stock proposed to be taken by any such township, city or 
town, and specifying the time for holding such election, it 
shall be the duty of the supervisor of every such township 
and the duty of the clerk of every such city or town to 
give thirty days' notice of the time of holding such election 
in such township, city or town, which time shall be the 
same as that specified in such petition ; and all such notices Manner of vo- 
shall be given in the same manner, and such elections shall ductin^''^'^ eiec- 
be conducted and returns made, canvassed and published "ons. 
in the same way and at the places provided for holding 
general elections in such counties, townships, cities and 
towns; at which elections the qualified voters of the re- 
spective counties, townships, cities and towns shall vote 
"For subscription" or '"Against subscription" and if a 
majority of the votes cast at such election, by voters voting 
on that subject, shall be " For subscription," it shall be 
the duty of the county court or board of supervisors of every 
such county, the supervisor and clerk of such township, supervisor may 
and the corporate authorities of such city or town to sub- subscribe «tock_ 
scribe, atonco, upon the request of the directors or corpo- 
rators of said company, the sam<; amount so voted for, and 
to issue and deliver to said company the same amount as 
the stock so subscribed of the bonds of such county, town- 
ship, city or town, as the case may be, payable at any time 
spL'citied, not exceeding twenty years from date, or sooner, igfuTd^^wifif i^t 
at the option of the county, township, city or town issuing terest coupons, 
the same, with interest coupons attached to the same, at a 
rate not exceeding eight per cent., payable annually or 
semi-annually; which said bonds shall be of such denomi- 
nation and the principal and interest payable at such place 
or places, either within or without the state, as may be 



244 RAILBOAD COMPANIES — INCORPOKATED. 

Mode of voting, agreed upon : Provided^ that at any election held under the 
provisions of this act at any other time than the time for 
holding general elections for state and conntj' purposes, it 
shall not be necessary for the several boards of registry to 
make a new register of the several voting precincts, but the 
register made of the legal voters at the last general election 
held for the election of state and county officers, may be 
used : Aud^ provided, that the vote of any legal voter, 
whose name does not appear on the said register, shall be 
received and taken in the same manner that unregistered 
legal voters' [votes] are taken at any general election. 
Towns and § 17. Any incorporated city, town or township, or any 

■tock.""'^ ^^"^^ county, through or near which the said railroad shall run, 
is hereby authorized to donate and give, as a bonus to the 
said railway company, any amount they may deem proper, 
upon such terms and conditions as may be agreed upon by 
and between said city, town, township or county and the 
said railway company, to secure the building of said rail- 
submitted to Way : Provided, that the authorities of said city, town, town- 

legai voters. gj^jp ^^ county shall submit the question whether such do- 
nation or bonus shall be given, to the legal voters thereof, 
at a regular or special election, held after at least thirty 
days' notice, and conducted, canvassed and returns made 
in the usual manner and places — the amount proposed to 
be donated being stated in the order fur such election, and 
the tickets voted at such election shall have written or 
printed on them " For donation" or "Against donation ; " 
and if at such election the majority of the legal votes cast 
shall be in favor of such donation, it shall be the duty of 
the proper authorities of such city, town, township or 
county to provide fur the payment of such donation or bo- 

donation"'^ '°'" nus. And to provide the means for the payment of any 
such sum as may be given or agreed to be given, in pursu- 
ance of the provisions of this act, the said city, town, town- 
ship or county shall issue bonds to said railway company, 
in sums of no,t less than one hundred dollars each, bearing 
interest at any rate not exceeding eight per cent, per an- 
num, and payal)le at such times and places, either withia 
or without this state, as may be agreed upon ; which bonds 
may run lor any period not exceeding twenty years. 

i.«TyepeciaUax ^ 18. It shull be the duty of the respective authorities 
of the several counties, townships, cities and towns which 
may make such subscriptions and donations, and they are 
herel)y required, to levy and collect a sufficient special tax 
ou all the taxable property, both real and personal, in such 
counties, townships, cities and towns, to pay the interest, 
annually or semi-annually, accruing on such bonds, and to 
discliarge the principal and interest, respectively, thereof. 

Swamp lands. § ;^<j^ rj^,j^^ countv C(airts of the sevetal counties through 
which said railroad shall pass are authorized and em- 
powered, upon such terms and conditions as they may deem 



RAILROAD COMPANIES INCORPORATED. 245 

best for the public good, to grant and convey to said railway 
company the swamp lands or any other lands or property, 
real or personal, belonging to such counties, to aid in the 
construction of said railway: Fromded, that in no case 
shall such lands be conveyed to said company or the 
title thereto vest in said company until said railway shall be 
completed into or through the county granting the same, 
as may be agreed upon by and. between said county and 
said railway company, 

§ 20. And the said company may lease or purchase, May lease or 
upon such terms as may be agreed upon, any other railroad ^0^^.'^'^^'^ '^^^^^ 
or parts of railroad, either wholly or partially constructed, 
which may constitute or be adopted as part of their main 
line ; and, by such lease or purchase, they shall acquire and 
become vested with all the rights and franchises pertaining 
to said road, or part of road, in the right of way, construc- 
tion, maintenance and working thereof And the county counties may 
court of Gallatin county is hereby authorized and empow- take stock. 
ered to subscribe to the capital stock of this company the 
one hundred thousand dollars, or any part thereof, hereto- 
fore voted by a majority of the legal voters of said county 
to the Shawneetown Branch of the Illinois Central Kail-* 
road Company. And the county court of Hamilton county 
is hereby authorized and empowered to subscribe to the 
capital stock of this company the two hundred thousand 
dollars, or any part thereof, heretofore voted by a majority 
of the legal voters of said county to the Shawneetown 
Branch of the Illinois Central Railroad Company. And 
the county court of Jefferson county is hereby author- 
ized and empowered to subscribe to the capital stock of this 
company the one hundred thousand dollars, or any part 
thereof, heretofore voted by a majority of the legal voters 
of said county to the Mount Yernon Railroad Company. 
And it shall not be necessary to submit the question of 
making the several subscriptions in this section mentioned 
to tlie vote of the legal voters of the said respective coun- 
ties : Provided, that nothing herein shall be so construed 
as to prevent either of the counties mentioned in this 
section subscribing any » other or larger amounts to the 
capital stock of this company than the amounts mentioned 
in this section, 

§ 21. This act shall be deemed a public act, and shall 
be liberally construed for all purposes therein expressed 
and declared, and shall be in force Irom and after its pas- 
sage. 

Approved March 10, 1869. 



246 EAILKOAD COMPANIES — INCORPORATED. 



In force March AN ACT to incorporate the Warsaw Branch Railroad Company. 

23, 1S09. 

Section 1. ^ JBe it enacted hy the People of the IState of 
Illinois^ represented in the Genbral Assembly^ That Henry 

Corporators. HiH^ Lemuel Mussetter, E. Pratt Buell, Levi Fomeroy, 
Asaph C. Hammond, Ebeiiezer Huse, Charles W. Hicks, 
Alfred Forsythe and Robert Black, of Hancock county, 
Illinois, be and they are hereby created a body corporate 

Name and style, and politic, by the name and style of ''The Warsaw Branch 
Kailroad Company ; " and, by that name, they and their 
Corporatepow- associates, successors and assigns shall have perpetual suc- 
cession ; may sue and be sued, plead and be impleaded, 
contract and be contracted with ; may adopt a common seal, 
and alter the same at pleasure; may receive, either by gift 
or by purchase, or may condemn and hold, or sell and con- 
vey, any and all real and personal property that may be 
necessary to the location, construction, equipment and ope- 
ration of a railroad, as herein authorized, its depots, vrater 
stations, side tracks, shops and business places. One mem- 
ber of said company shall be annually elected president of 
'said company; and said company may elect or appoint such 
other officers as a majority of said company shall, from 
time to time, see proper, and fix their duties and salaries, 
and remove them at pleasure ; may pass all needful by laws 
for the management of the concerns of said company, not 

Construction of iuconsistcut witli the laws of this state. Said company 

ro:id. may locate, construct, equip and operate a railroad, with 

single or double track, from the city of Warsaw, in Han- 

Eouteofroad. ^ock county, to any point on the line of the Illinois and 
Southern Iowa Railroad, between the towns of Clayton, in 
Adams county, and Denver, in Hancock county, by such, 
route as they shall select; may fix the capital stock of said 
company at any amount that may be deemed necessary for 
the location, construction and equipment and oj)eration of 
said railroad, and may increase or diminish the same when- 
ever it is deemed advisable or necessary for the completion 
connec; with and operation of said railroad ; may connect, or, by and 
with the consent of the owners of three-fourths of the capi- 
tal stock of said company, consolidate with any other rail- 
road company; may lease or sell its road or franchises. 
The stock of said company shall be divided into shares of 
one bundled dollars each, and shall be personal property, 
and transferable on the books of said company. Each 
share shall be entitled' to one vote at the elections of said 
company, which may bo cast either in person or by proxy; 
May borrow ^^"^'^J borrow moncy, for the construction, equipment and 

money. operation of said railroad, and mortgage its property and 

fruni-hises to secure the loan ; and, in all respects, shall 
have all the powers, rights and privileges in and about the 
location, construction, equipment ana operation of said 



KAILKOAD COMPANIES — NEW PKIVILEGE8. 24:7 

railroad, and manaojement of the business thereof, as are 
provided by general laws of this state in relation to rail- 
roads, and right of way for internal improvement. 

§ 2. Said company shall commence the construction of Time of com- 
eaid road within three years, and shall complete the same ^mpLTion* ^ ^ 
within ten years, after the passage of this act. load. 

§ 3. Said corporation shall transport fire-wood and fuel, f^^^^^ns'^on^'^ 
of every description, over its railroad, whenever the same tion. 
shall be olfered for transportation, at rates as low as the 
rates said company shall charge for the transportation of 
other freights of a similar class. 

§ 4. This act shall be deemed a public act, and be in 
force from and after its passage. 

Approved March 29, 1869. 



RAILROAD COMPANIES— NEW PRIVILEGES. 



AN ACT to authorize and enable certain railroad companies therein named ^^ ^?o*'%?q^'^^^ 
to sell or lease their roads and franchises. ' 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That the Privileges. 
American Central Railroad Company and the LaSalle and 
Lafayette Railroad Company, or either of them, be and they, 
or either of them, are hereby authorized and empowered to 
sell and convey, or lease perpetually or for a term of years, 
the whole or any part of either of their said roads, right of 
way, easements and other property, real and personal, to- 
gether with all their rights, privileges and franchises, either 
before or after the completion of their said roads, or either 
of them, to any railroad company or corporation now incor- 
porated, or that may be hereafter incorporated, in the state 
of Illinois, or to any natural person or persons, on such 
terms and conditions as may be agreed upon between the 
contracting parties. And any such sale and conveyance or 
lease shall vest in the railroad company, corporation or 
other party purchasing or leasing said roads, or either of 
them, or any part of either of them, all rights of way, 
easements and other property, real and personal, owned by 
or belonging to said railroad companies, or either of them, 
together with the rights, privileges and franchises so sold 
and conveyed or leased, or intended to be so sold and con- 
veyed or leased, as fully as if the rights, privileges and 



248 EAILROAD COMPANIES — NEW PRIVILEGES. 

franchises had been originally granted to the railroad com- 
pany, corporation or other party or parties purchasing the 
same, or as the same may be done by law. 
RiKhts con- § 2. But no such sale, conveyance or lease of any part 
tinued. ^f either of said roads shall in any manner impair, lessen, 

or in anywise interfere with the property, rights, privileges 
and franchises of the said American Central E,ailroad Com- 
pany and LaSalle and Lafayette Railroad Company, or 
either of them, not so sold and conveyed or leased, or not 
intended to be so sold and conveyed or leased, by any deed 
of conveyance, lease or contract made and executed by the 
said American Central Railroad Company [and] LaSalle 
and Lafayette Railroad Company, or either of them, in 
the pursuance of the provisions of this act. 

§ 3. This act shall be a public act, and shall be in force 
from and after its passage. 

Approved March 13, 1869. 



In force April AN ACT to authorize and enable certain railroad companies therein named 
^' ^^^^' to sell or lease their roads and franchises. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
May sell and American Central Railwa}' Company and the LaSalle and 
convey loa . Lafayette Railroad Company, or either of them, be and 
they, or either of them, are hereby authorized and empow- 
ered, by and with the consent, in writing, of the persons 
owning at least three-foutths of the capital stock of said 
companies, respectively, to sell and convey, or lease per- 
petually or for a term of years, the whole or any part of 
eitiier of their said railroads, right of way, easements and 
other property, real and personal, together with all their 
rights, privileges and franchises, either before or afcer the 
completion of their said roads, or either of them, to any 
railroad company or corporation now incorporated, or that 
may be here:tfter incorporated, in the state of Illinois, or 
to any natural ])erson or persons, on such terms and condi- 
tions as may bo agreed upon between the contracting par- 
ties; and any such sale and conveyance or lease shall vest 
in the j'ailroad company, cor|)()r:ition or other party or par- 
ties purchasing or leasing said railroads, or either of them, 
all rights of way, easements and other property, real and 
personal, owned by or belonging to said roads, or either of 
them, together with tlie rights, privileges and franchises so 
sold and conve3'od or leased, or intended to be so sold or 
leased, as fully as the same may be done by law, or as if 
the rights, privileges and franchises had been originally 



EAILEOAD COMPANIES — NEW PEIVILEGEB. 249 

granted to the railroad company, corporation or other party 
or parties purchasing the same. 

§ 2. But no such sale and conveyance or lease of any Not to^impair 
part of either of said roads shall in any manner impair, ^^^H "' "^^®'" 
lessen, or in anywise interfere with the property, rights, 
privileges and franchises of the said American Central 
Kailway Company, or the LaSalle and Lafayette Railroad 
Company, in, on or to any part of either of their said rail- 
roads not so sold and conveyed or leased, or not intended 
to be so sold and conveyed or leased, by any deed of con- 
veyance, lease or contract, made and executed by the said 
American Central Railway Company, or LaSalle and La- 
fayette Railroad Company, or either of them, in pursuance 
of the provisions of this act. 

§ 3. This act shall be a public act, and shall be in force 
from and after its passage. 

Approved April 5, 1869. 



AN ACT to further amend "An act to incorporate the Belleville and Mur- In force Juno 
physboro Eailroad Company, and for other purposes," approved February ^'' ^^^^' 
8, 1853. 

Section 1. £e it enacted by the People of the State of 
Illinois^ represented in the General Assembly, That said Extend road. 
company is hereby authorized to extend, at any time, its 
railroad to the city of Cairo, in the county of Alexander, 
and also to the banks of the Mississippi river, opposite the 
city of St. Louis, Missouri, or to lease the Belleville and 
Illinoistown Railroad, already constructed, and also to 
locate, construct and operate a branch road from the main 
road to the town of DuQuoin, in the county of Perry ; 
and, for the purpose of such extensions and constructions, 
shall have all the powers and authority provided in the 
charter and this act amendatory thereof, for the construction 
of the main road. 

§ 2. That, until the first regular election of a board of 
directors by the stockholders of the company, the following 
named persons shall act as directors, until their successors 
are elected and qualified : Frederick H. Peiper, William 
Bauman, Joseph Reichert, Jacob B. Rentcher, Edward Directors. 
Abend, William Rosborough, James W. Hughes, John 
McCutcheon, Samuel B. Chandler, James L. D. Morrison, 
Theophilus Harrison, Joseph B. Holmes, Daniel W. Munn, 
Thomas Logan, William Bradley, JN^ewton R. Casey and 
H. Watson Webb. 

§ 3. That the work on said road shall be commenced Time of com- 
within two (2) years from and after the passage of this act. ""'''*^^^^"^- 

Appkoved April 15, 1869. 
Vol. Ill— 32 



250 RAILROAD COMPANIES — NEW PRIVILEGES. 



In force April AN ACT to still further amend "An act to incorporate the Belleville and 
19, 1869. Murphysboro Railroad Company, and for other purposes," approved Feb- 

ruary 8, 1853, and all acts amendatory thereof. 

Section 1. Beit enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That the 
Donations. said railroad company be and the same is hereby authorized 
[to] and may receive such donations of lands, moneys or 
bonds as may be donated by any county, city, town or 
township, or individual, through or by which said raih'oad 
may pass ; also, may receive any such subscription, in any 
amount that any county, city, town or township may issue 
their bonds or notes for, at snch price and upon such con- 
ditions as may be agreed upon ; and said company shall 
issue tlieir stock for the same to said county, city, town, 
township or individual subscribing the same. 
Towns and § 2. And any county, city, town or township, through 
bonds!"^^ ^^^^^ or by which said railroad may be constructed, shall have 
power,- and full authority is hereby given the same, to issue 
their bonds or notes, in any amount or sums they may see 
fit, for the purpose of aiding said railroad —the same having 
been left to a vote of the legal voters thereof, at a regular 
election, or at a special election to be called for that pur- 
Notico of eieo- pose; and in all cases, at least thirty days' notice of such 
election shall be given before holding the same; and ii', at 
such election, a majority of all the votes cast shall be in 
favor of such donation, it shall be lawful for such county, 
city, town or township to make such donation, and to issue 
its bonds or notes therefor, to the amount mentioned in the 
notice of such election, and not otherwise ; and any county, 
city or town that has heretofore, and before the passage of 
this act, voted any subscription or right of way to said rail- 
road, or any other railroad that they may wish or desire to 
transfer to the said railroad, full power and authority is 
hereby given them so to do ; and all such subscriptions 
shall be legal and binding, the same as if originally voted 
to this said railroad. 
May purchase R 3. That it shall bo lawful, and full power and author- 
ity is hereby given said railroad company, to purchase or 
lease, upon such terme, price and conditions as the parties 
may agree upon, what is known as the "Belleville J^ranch 
Railroad," and operate the same in connection with their 
said railroad. 

§ 4. This act shall be in force from and after its pas- 
sago. 

ApPBovrcD April 19, 1869. 



Bellevlllebranch 



JRAILEOAD COMPANIES — NEW PEIYILEGES. 251 



AN ACT iu aid of the Belleville and Southern Illinoia Railroad Company. lu force March 

4, 180«. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ rejpresented in the General Assembly, That the 
Belleville aud Southern Illinois Railroad Company having 
been duly organized under the act of tho general assembly 
approved February lith, A. D. 1857, entitled " An act to 
incorporate the Belleville and Southern Illinois Railroad," 
and the several acts amendatory thereof, and the stock- 
holders of said company having at a meeting held in pur- 
suance of the provisions of said several acts, duly elected 
as their first board of directors of said company i)avid L, ^u^'^foj,'^^'''^ °^ 
Phillips, Jesse K. Dubois, Ozias M. Hatch, Edward L. Ba- 
ker, Edward F, Leonard, that all said proceedings with re- 
spect to said organization and election are hereby declared 
legal and valid ; and the board of directors so elected are 
declared to be the first board of directors of said company, 
who shall hold office until their successors are elected and 
qualified. 

§ 2, The said corporation shall have power to extend May extend 
its railroad by the most eligible route, to such point on the 
Ohio river, within the state of Illinois, as may be hereafter 
selected by the board of directors; that the city of Metrop- Route of road, 
olis, in Massac county, is hereby made a point on said rail- 
road ; and the said company is required to construct the 
said railroad, with proper depots, within one hundred yards 
of the Ohio river, inside of the corporate limits of Metrop- 
olis : B.Tomded^ the county of Massac shall subscribe one 
hundred thousand dollars to the capital stock of said rail- 
road — said stock to be paid in the bonds of the said Mas- 
sac county, bearing not less than seven per cent, nor more 
than ten per cent, interest, per annum, and to be delivered 
to said railroad company when the said railroad is com- 
pleted to the county line of Massac county and the road 
bed thereof constructed to the city of Metropolis, as afore- 
said : Provided, said city of Metropolis shall give the right 
of way along the streets of said city and shall grant or 
cause to be granted to said railroad company as much 
ground as may be necessary for building the said depot, 
aforesaid ; and shall, also, have power to build such part 
or portion of the railroad which it is hereby authorized to 
construct, and those portions only, at any time hereafter, in 
its discretion, w^hich its directors shall think most expedient 
for the interests of said company, and to build a branch or 
branches from its main line to any other point or points ; 
and, in respect to such extension and branches, shall have 
all the powers, rights and privileges it now has in regard 
to the line of railroad heretofore authorized to be by it 
constructed : Provided, that no one of such branches shall 
exceed twelve miles in length. 



252 EA.ILEOAD COMPANIES — NEW PRIVILEGES. 

May borrow § 3. TliG Said Corporation, for the purpose of comple- 
™"°®^' ting, maintaining and equipping the said railroad, shall have 

power to borrow such sums of money as may be necessary 
for that purpose and to issue and dispose of their bonds, in 
the manner provided for in article 15 of the act to incorpo- 
rate the Belleville and Southern Illinois Railroad, approved 
February 14th, A. D. 1857 ; and shall, also, have power to 
provide that each and every holder of the bonds of said 
company shall have the right to cast one vote for each and 
every one hundred dollars in bonds held by him, at every 
meeting of the stockholders of said company. 
Increase of § 4. The Said Company may increase its capital stock, 
capi a Bioc . fj,QjQ |.j,jjg ^^ time, as it may deem necessary, to any sum 
not exceeding the sum of thirty thousand dollars per mile, 
for each and every mile of said railroad ; and it is hereby 
authorized to declare any portion of the capital stock so 
issued, not exceeding the sum of twenty-three thousand 
dollars per mile, for each and every mile of its railroad, 
preferred stock, and to guarantee to such stock a rate of 
interest not exeeeding ten per cent, per annum, and with 
such priority over the remaining stock of said corporation 
as may be directed by its board of directors. 
Further prw- § 5. The Said Company shall have power to acquire, by 
leges. lease, purchase or otherwise, any extension of its railroad 

which may be necessary or proper for its business. 
Time of com- § 6. Said Company shall commence the construction of 
M)mpI™fo°u ^°of said railroad before the first day of January, 1870, and 
^°*''- complete the same within seven years from the passage of 

this act, and in failing so to do the charter of said company 
shall be forfeited. 

§ 7. This act shall be deemed a public act, and shall 
have effect from and after its passage, 
Appkoved Mai'ch 4, 1869. 



In forre Aprli AN ACT to anifiul an net entitled "An act to incorporate the BelleTillo 
17. IriOO. and Southern Illinois Railroad Company," approved February 14, 186Y. 

Section 1, Be it enacted hy the People of the State of 
Illinois, represented in the General AsseinUi/^ That the 
Act amoude.i. act entitled " An act to incorporate the Belleville and 
Southern IlHnois Railroad," be and the same is hereby 
amended, by striking out of the ninth line of the second 
section of said act the word " live," and substitute in lieu 
thereof tlie words " a board ;" and by adding to said sec- 
tion, at the end thereof, the following : " Said company 
shall have power to lix the number of directors, by a by- 
law, to bo adopted, and changed, froai time to time, as said 



RAILllOAD COMPANIES — NEW PKIVILEOES. 253 

company shall deem advisable : Frovided, the number of 
directors shall not at any time exceed thirteen." 

§ 2. This act shall take effect and be in force from and 
after its passage. 

Appeoved April 17, 1869. 



AN ACT to amend an act entitled " An act to incorporate theBelvidere in force March 
and Ottawa Railroad Company," approved March 8th, 1867. 29, 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the first -Act amended, 
section of the said act be amended, by striking out of the 
same the names of William H. Gilraan, Charles F. Witt, 
Ira Wilson, Lathen W. Lawrence, Wesley W. Marsh, Seth 
0. Hapgood, Eobert Hampton, Dwight F. Cameron, Lo- 
renzo Leland and W. Bushnell as corporators and first di- 
rectors, and inserting in lieu thereof the names following, 
viz : Allen C. Fuller, Walter R. Cornell, Stephen A. Hurl- 
but, Ezra May, Mark Ramsay, C. W. Marsh, Isaac L. Ell- 
wood, Lewis McEwen, Frederick Ball, John H. Hosford, 
Samuel Wiley and George C. Campbell. 

S 2. The time of the meeting of the first board of di- Meeting, 
rectors, as specified in the second section of said act. is 
hereby extended to any period before the first day of De- 
cember, A. D. 1869. 

§ 3. This act is hereby declared to be a public act, and 
shall take effect and be in force from and after its passage. 

Approved March 29, 1869. 



AN ACT to amend an act entitled "An act to incorporate the Belvideru in force April 
and Ottawa Railroad Company," approved March 8, 1867, and to amend 19, 180». 
an act amendatory thereof, approved March 29, 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That, to aid Towns and 
in the construction of said road by said company, any in- gj^g^ ™*^ ^^'^® 
corporated city, town or any township organized under 
township organization law of this state, along or near the 
route of said road, may subscribe to the capital stock of 
said company. 

§ 2. JS'o such subscription shall be made until the ^^lll'^^^^^ *° 
question has been submitted to the legal voters of such 
city, town or township in which the subscription is proposed 
to be made ; and the clerk of such city, town or township 



26i 



RAILEOAD COMPANIES — NEW PRIVILEGES. 



BCilbo Btock. 



is hereby required, upon the presentation of a petition, 
signed by at least ten citizens, who are legal voters and 
tax payers in said city, town or township, stating the 
amount proposed to be subscribed, to post up notices in 
three public places in each town or township, which notices 
shall be posted not less than thirty days before the day of 
holding such elections, notifying the legal voters of such 
town or township to meet at the usual place of holding 
elections in such town or township, for the purpose of vo- 
ting for or against such subscriptions. If it shall appear 
that a majority of all the legal voters of such city, town or 
township, voting at such election, have voted "For sub- 
whomay Biib- scription" it shall be the duty of the president of the board 
of trustees, or other executive officer of such town, and of 
the supervisor in townships, to subscribe to the capital stock 
of said railroad company, in the name of such city, town or 
township, the amount so voted to be subscribed, and to 
receive from said company the proper certificate therefor; 
he shall, also, execute to said company, in the name of such 
city, town or township, bonds bearing interest at ten per 
cent, per annum, which bonds shall run for a term of not 
more than twenty years, and the interest on the same shall 
be made payable annually, and which said bonds shall be 
signed by such president or supervisor or other executive 
officer and be attested by the clerk of the city, town or 
township in whose name the bonds are issued ; and it shall 
be his duty to make out a record of the issue of said bonds, 
which shall be delivered to the president or secretary of 
said company, for the use of said company. 

§ 3. It shall be the duty of the clerk of any such city, 
town or township, in which a vote shall be [given in favor 
of subscription, within ten days thereafter, to transmit to 
the county clerk of their counties a transcript or statement 
of the vote given, and the amount so voted to be subscribed, 
and the rate of interest to be paid: Provideif, that when 
elections shall be held and bonds issued, as aforesaid, it 
shall be the duty of the clerk of such town or township to 
lilc with the county clerk of their respective counties, within 
ten days after the issuing of said bonds, certificate of the 
amount of bonds issued, and the rate of interest payable 
thereon, and number of each bond. 

§ 4. It shnll bo the duty of the county clerk of said 
county, annually, after the execution and delivery of such 
bonds, aforesaid, to compute and assess upon all taxable 
property returned by the assessor of such city, town or 
township, a sum sufficient to pay the interest and costs of 
collection and disbursements upon all bonds so issued by 
the respective cities, towns or townships, which tax shall 
be extended uj)on the collectors' books as other taxes arc, 
and, when collected, shall bo paid to the treasurer of the 
county; and such city, town or township sball, when pro- 



Clerk'* ciutios. 



DutieB of Uio 
county cloik.!| 



RAILROAD COMPANIES — NEW PRIVILEGES. 255 

viding for the levying and collecting of other taxes, also 
assess upon the property of such city, town or township, 
any rate, not exceeding tliree per cent, in any one year, 
upon the assessment, to provide a fund for the redemption 
of the principal and interest of such bonds as or when they 
become due — said taxes to be levied and collected as other 
taxes are ; but no tax shall be computed, assessed or col- 
lected or any interest paid, to be applied upon said bonds, 
unless such bonds have been executed and delivered. 

§ 5. It shall be the duty of the county treasurer to pay Duties of the 
out, on the presentation to him of the bonds issued by any county treasurer 
such town or township aforesaid, the amount due upon such 
bonds for interest, and for principal, when any tax shall 
be assessed and collected to pay principal, any money in 
his hands for that purpose, and indorse any payments of 
interest or principal upon said bonds ; and when said 
bonds shall be redeemed and paid, he shall receive and 
cancel the same, and return the same to the said president 
or supervisor or other executive officer of said city, town or 
township. The town collector and county treasurer shall 
receive the same percentage for receiving and disbursing 
such taxes as they now receive for collecting and disbursing 
school funds. 

§ 6. The directors of said railroad company are hereby stock suijscrip- 
authorized to receive subscriptions to its capital stock from ^^°^^' 
any corporation, county, city or town, on such terms and in 
such amounts as they may deem for the interest of said 
company, in accordance with the by laws of said company. 

§ 7. This act shall be deemed a public act, and shall 
take eifect and be in force from and after its passage. 

Approved April 19, 1869* 



AN ACT to amend an act entitled "An act to incorporate the Broadway In force March 
and Dyke Railway Company of East St. Louis," approved March 7, ISC'?. "^' ^'^'^^■ 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly^ That An- o4'Jo"°°^^ '^°'"" 
drew Weltig, Henry Schale, B. B. George, Nicholas ^**'^ °''" 
Spannagle, John McLean, William A. Witte, and Lewis 
M. St. John, be and the same are hereby added to the cor- 
porators and first board of directors named in an act en- 
titled "An act to incorporate the Broadway and Dyke 
Railway Company of East St. Louis," approved March 
7th, 1867. 

§ 2. Section eight (S) of said act is hereby repealed, see. 8 repealed. 
and the time for commencing work upon said railway shall 
be and the same is hereby extended to two years from and 
after the first day of March next, (1869). 



256 EAILKOAD COMPANIES — NEW PRIVILEGES. 

§ 3. This act shall be deemed a public act, and be in 
force from and after its passage. 
Appkoved March 30, 1869. 



In force Ap;il AN AOT amend an act entitled "An act to incorporate the Cairo and St. 
1»> 1869. Louis Railroad Company," approved February 16th, 1865. 

Section 1. Be it enacted hj the People of the State of 
Illinois, represented in the General Assembly, That the 
Organized several towns, cities and counties, through or near which 
stock'! ™^ ^^'^'^ said railroad may pass, and the several townships in said 
counties which have adopted or may hereafter adopt town- 
ship organization, may subscribe for and take stock in said 
company, or may make a donation in aid of the construc- 
tion of said road, and may issue bonds, in such sums as 
they may deem sufficient, in payment of such subscrip- 
tions to said stock or of such donations — said bonds not to 
bear a greater rate of interest than ten per cent, per annum, 
payable either within the state or at some point without 
Levy and col- ^^^ Same, and not to run longer than thirty years ; and a 
lection of tases. tax of uot more than one dollar on each hundred dollars' 
worth of taxable property may be levied and collected in 
such towD, city, county or township, per annum, to pay the 
installments on such stock or donation or to pay the inter- 
est and principal, or either, of bouds issued in payment for 
such stock or donation; and said towns, cities, counties or 
townships may donate any swamp or overflowed lands or 
the proceeds thereof or any other disposable property, in 
Submitted to ^'^^ ^^ ^^^^ coiistruction of Said road : Provided, that no 
legal voters. sucli Subscription or donation shall bo made, no such bonds 
shall be issued and no such tax shall be levied, unless a 
majority of the legal voters of said town, city, county or 
township shall vote for the same, at an election to be held 
under the order of the corporate authorities in cases of 
towns and cities, and of the county court in cases of coun- 
ties, or supervisors of townships, as is now provided for by 
law or as may bo hereinafter provided for : And, 'provided, 
farther, that a majority of legal voters at any such election 
shall bo held as a majority of the legal voters of any such 
township, town, city or county, and that the questions of 
making a subscription or donation, of issuing bonds, and 
levying taxes, may be submitted as one question or as 
separate questions, at such election, and either or all of said 
questions n:iay bo submitted to an election, at any time, in 
the discretion of the parties authorized to call such elec- 
tion — thirty days' notice of such election to bo given, as in 
cases of county elections. 



KAILKOAD COMPANIES— NEW PRIVILEGES. 257 

§ 2. Whenever a petition shall be presented to the stock subscrip- 
county, city, or town clerk, of any .county, city or town, or *'""*■ 
supervisors of any township, through or near which said Petition for an 
railroad may pass, signed by at least titty legal voters of ^^®^*'"°- 
such county, city, towns or township, setting forth the 
amount of stock proposed to be taken in such railroad com- 
pany or donation to be made hj any such county, city, 
town or township, and specifying the time for holding the 
election, it shall be the duty of such county, city or town Notice of eiec 
clerk, or supervisor of township, to give thirty days' notice "°'^* 
of the time of holding such election, which shall be the 
same time as that speciiied in such petition ; which said 
liodce shall be given in the same manner and such elec- 
tion or elections shall be conducted in the same mode and 
held in the same places provided for holding general elec- 
tion in such counties, cities, towns or townships, and the 
returns of such elections shall be made in the same manner 
and within the same time and shall be opened and declared 
in the same manner as for other elections held in such 
counties, cities, towns or townships. If a majority of the who mny sub- 
votes cast at such election shall be for such subscription or scnbestocii. 
for donation, it shall be the duty of the county court, the 
corporate authorities of such city or town, and supervisors 
and clerks of such township, to subscribe, upon the request 
of said company, for stock in said company to the amount 
60 voted for, and to issue and deliver to said company the 
same amount as the stock so subscribed or donation made 
of the bonds of such county, city, town or township : I^ro- 
vided, that at any election held under the provisions of this 
act at any other time -than that for general elections, the 
registry of the legal voters at the last general election shall Registration of 

• J •/ o *--> ^ voters 

be a legal registry for the purposes of said special election 
under this act : A?id provided^ further^ that any legal 
voters whose names do not appear on the reirister for said 
general e'ection shall be allowed to vote and his vote re- 
ceived and taken in the same manner and with- like effect 
as unregistered legal voters' votes are now received and 
taken : Provided, that all elections heretofore held in any 
county, city or town, in reference to a subscription to said 
railroad, are hereby decltred legal and binding, and the 
county court of any county and the corporate authorities 
of any city or town, in which such elections have been 
already held and a majority of the votes cast were for sub- 
scription, shall have authority to issue bonds for such an issue bonds, 
amount as was voted for, notwithstanding any insufficiency, 
informality or irregularity in such election, or in the notice 
thereof: And provided, also, that said railroad company 
may lease its road, as the board of directors may deter- 
mine. 

§ 3. Whenever a petition shall be presented to the Petition to tiie 

, , ,. 1 1 f> . 1 . . ^ ,. ^ , ,. school tri'.Hiies 

trustees ot schools of any township in any of the counties foraneiecUou. 
Vol. 111—33 



258 KAILKOAD COMPANIES NEW PRIVILEGES. 

through or near wnich said railroad may pass, in which said 

couiifj the township organization has not been adopted, 
and which said petition shall be signed by at least fitty 
legal voters of said township, praying that an election may 
be ordered in said township, in reference to a subscription 
or donation to said railroad, and setting forth the amount 
of stock proposed to be taken in said railroad or donation 
to be made to it by such township, and specifying the time 
for holding the election, it shall be the duty of such trus- 
tees, at any regular or special meeting, to order an election 
School treasTi- '-U accordancc with the prayer, of said petitioner. When 

^ce.'" ^^^"^ ^'^' ^^^6 election shall have been so ordered, it shall be the duty 
of the school treasurer to give notice of the election in the 
same manner as notices are now given of the election of 
school trustees. Said notice shall contain the particulars 
prescribed in the preceding section of this act for elections 
under that section, and shall be given for thirty days before 
said election. Said election shall be held in such place in 
such township as the trustees of schools may direct; and 
at such election two of said trustees shall act as judges and 
Judges of eiec- one as clerk of said election. In case of the absence of 

*^°"' such judges, at the time appointed [for] the election, or 

their refusal to act, the voters assembled shall choose two 
judges and one clerk from among the bystanders. At the 
close of the election, the judges and clerks shall count the 
votes given and make return as in elections for school trus- 
tees. If a majority of the votes given are for subscription 
or donation, it shall be the duty of said trustees, in their 
corporate capacities, and school treasurer, and they are 
hereby authorized to issue bonds to said railroad company 
in the same manner and with like effect as is provided for 
in the previous section of this act for the payment of interest 
School direc- upou Said bonds. The said trustee? of schools shall certify 

tors may assess ^^ ^^le couuty clerk the amount required to be paid, as is now 
done by the school directors for the school tax ; and said 
amount, so required, shall be levied and assessed upon all 
the property, real and personal, in said township, subject 
to taxation for general purj^oses, and shall be collected as 
the school tax is now collected, and paid over to the school 
treasurer, as is now done M'ith the school tax: but said 
amount, thus levied and collected, shall be held and used 
for the payment of the interest upon said bonds and for 
no other purpose whatever. 

§ 4. This act shall be in force from and after its j^as- 
sage, 

Thi*: l)in having lieen returned liy the governor with objertions thereto, and after 
rec,oii^idcraih)n having passed liolh lioiiscs l)y a coustitutioiial majority, ii has Ijecome 
a law this third day of IMarch, A. D. 18(Ja. EDWARD liUMMEL, 

Secretaay of State. 



liAILROAD COMPANIES — NEW PRIVILEGES. 259 



AN ACT to amend an act entitled "An act to incorporate the Cairo and Yin- la force Feb. 9, 
cennes Railroad Company," approved March 6, 1867, and for other purposes. 18G9. 

Section 1. Be it enacted hij the People of the State of 
Illinois^ represented in the General Assehibly, That the increase of 
stockholders of the Cairo and Viucennes Railroad Compauj, 
at any regular meeting for the election of directors, may 
increase the number of directors from seven, as now provi- 
ded by law, to any number, not exceeding thirteen. And 
where said company has agreed to construct said railroad 
through any town or city, the construction of said railroad 
through any addition made to any such town or city shall 
be construed to be a compliance with such agreement. 

§ 2. Be it farther enacted^ that said company shall have May unite 
power and authority to consolidate with any railroad company ^^^es*^*^ '^*^™' 
in the state of Illinois, for the purpose of reaching the city of 
Viucennes and making connectious with other railroads at 
that point; and said company shall have power to consoli- 
date with the Indianapolis and Viucennes Railroad Com- 
pany of the state of Indiana, upon such terms and conditions 
as shall be agreed upon between said companies. Said 
corporations, when consolidated, to bear the corporate name 
of ''The Cairo, Yincenues and Indianapolis Railroad Com- 
pany." 

§ 3. Be it further enacted^, that all contracts made by Towns and 
towns, cities and countie-, into, through or near which the cities may seii 
Cairo and Viucennes Railroad shall run, whereby, as an in- 
ducement for the construction of said railroad, such towns, 
cities and counties agreed, upon the completion of certain 
portions of said railroad, to sell to the said company, at a 
nominal price, the stock of said company fol" which such 
towns, cities or counties, by a vote of their electors, had 
theretofore subscribed, and agreed to issue bonds in pay- 
ment thereof, thereby, in effect, agreeing to make a dona- 
tion to said company of certain amounts of the bonds of 
such towns, cities or counties, as an inducement for the con- 
struction of said railroad, are hereby declared to be valid 
and binding upon such towns, cities and counties, and shall 
be carried into effect, in good faith, by the same ; and all 
orders for and notices of elections, and elections and returns 
of such elections, in respect to such subscriptions of stock to 
said company, in any such towns, cities and counties, are here- 
by declared to be valid and binding upon such towns, cities 
or counties. 

§ 4, And he it further enacted^ that said company shall Branch roads, 
have full power and authority to locate, re-locate, construct, PrivUeges. 
maintain and operate one or more branches to the main 
line of said road into or through any county or counties on 
or near the line of said road, and, f u- that purpose, shall 
have all the powers and privileges which have been or may 



2G0 BAILEOAD COMPANIES — NEW PKIVILEGES. 

be conferred upon said company in respect to said main 
line ; and the towns, cities, townships or counties into, 
through or near which any of said branches are proposed 
to be constructed, shall have power to make subscriptions 
to the capital stock of said company, to aid in the construc- 
tion of any of said branch roads, or such towns, cities, town- 
ships or counties may make donations to said company, to 
induce the location and construction of any such branch 
roads; and subscriptions to the capital stock or donations, 
to induce the location and construction of such branch roads, 
in cases of towns and townships, may be one hundred thou- 
sand dollars, and in cases of cities and counties may be two 
hundred thousand dollars ; and any such town, city, town- 
ship or county, may issue bonds in payment of such stock 
subscription or donation — such bonds to bear eight per cent, 
interest, per annum, payable halt-yearly in the city of New 
York, and to run not longer than twenty-five years ; and 
the corporate authorities of any such town, city or township, 
or the county court or board of supervisors of any such 
county shall have full power to contract with said company 
for such subscription to the capital stock or such donation 
to said company, to induce the location and construction of 
such branch road ; and such authorities, before making any 
Submitted to such Subscription or donation, shall submit the question of 
legal voters. making such stock subscription or such donation to said 
company to the qualified electors of any such town, city, 
township or county, after thirty days' notice ; and if a ma- 
jority of the electors votingat any such election vote in favor 
of such stock subscription or donation, then such town, city, 
township or county, in which such vote is taken, shall make 
the stock subscription or donation contemplated in the order 
for such election : Provided, that where any town, city, 
township or county, by contract or by vote, agrees to 
make a donation to said company for the purposes afore- 
said, no bonds shall be delivered to said company as a do- 
nation until such portion of such branch road as shall be 
agreed upon in the contract or specilied in the order for 
such election to be built by said company, shall be built and 
Levy taxes. Crirs shall liuve run thereon. A tax of not more than one 
dollar and fifty cents on each hundred dollars of taxable 
property in any town, cit}', township or county, making 
such a stock subscription or donation to said company, may, 
annually, be levied and collected, to pay the interest and 
principal of any bonds issued by any such town, city, town- 
ship or county, to said company, in payment of any such 
subscription or donation. And where any election, at a 
time other than a genei'al election, shall be held under this 
act, no new roiristry ol voters shall be recpiired to be made, 
but the registry made at the last general election immedi- 
ately precediuLC such election shall be taken and used at 
such election, and voters whose names are not registered 



RAILKOAD COMPANIES — NEW PKIVILEGE8. 261 

may vote in the manner prescribed by the election laws for 
non registered voters. 

§ 5. This act shall be deemed a public act, and be in 
force from and after its passage. 

Ai'ROVED February i), 1869. 



AN ACT to amend an act entitled "An act to incorporate the Champaign lu {^'''^/ggg^P"^ 
and Edgar County Railroad Company," approved March 24, 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented In the General Assembly, That sec- see. 9 amended, 
tion nine (9), of the act herebefore mentioned, be and the 
same is hereby altered and amended, so as to read as fol- 
lows, to-wit : "No snch subscription shall be made until 
the question has been submitted to the legal voters of the 
town in which the subscription is proposed to be made ; and 
the clerk of each of said towns is hereby requested, upon the 
presentation of a petition, signed by at least ten citizens, 
who are legal voters and tax payers of the town for which 
he is clerk, in which the amount proposed to be subscribed 
shall be stated, to post up notices which shall set forth ^.Notice of eiec- 
proposition stated in petition aforesaid, in at least three of 
the most public places in said towns, which notices shall be 
posted not less than thirty days before the day of holding 
such election, notifying the legal voters of said town to 
meet at the usual place of voting, or some other convenient 
place, in said town, for the purpose of voting for or against 
snch subscription ; which said election may be specially 
called, as aforesaid, or may be at any general election for 
town, county or state othcers." 

S 'I. All parts of said act, of which this is an amend- coufliciin- 

, ' .',,., T . 1 ^1 1.1 acts repealed. 

ment, inconsistent with this amendment, be and the same 
are hereby repealed. 

§ 3. This act shall be deemed a public act, and take effect 
from and after its passage. 

Approved April 19, 1869. 



AN ACT to amend an act entitled "An act to incorporate the Chicago, In force March 
Danville and Vincennes Railroad Company," approved Feb. 16, 1865. '"' ^'^*^^' 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General AsseraUy, That the Act amended, 
act entitled "An act to incoaporate the Chicago, Danville 
and Vincennes Railroad Company," approved February 16, 



262 EAILKOAD COMPANIES — NEW PRIVILEGES. 

18G5, be and the same is hereby amended so as to enable 
said railroad company to construct a branch of their railroad, 
in an easterly direction, from a point on the main line of 
their railroad, in either the township of Calumet or the 
township of Thornton, in the county of Cook, to the Indi- 
ana state line ; and said company shall have the same rights, 
powers and privileges, in constructing said branch, that they 
now have under and by virtue of the act to which this act 
is an amendment. 

Sec. 3 amended. § 2. Section (3) three, of the act to which this act is an 
amendment, is hereby amended, so that the following con- 
cluding words, that is to say, "and amendments thereto, 
approved Jane 22d, 1852," are stricken out and repealed; 
and said railroad company shall have power to condemn 
lands, for the purposes expressed in the act to which this 
act is an amendment, under the general laws concerning 
the procuring the right of way, now in force or to be here- 
afcer in force. 
wat=eka a § 3. Said act is further amended so that the city of 

point m maiu "^^^ggj^^g^^ jq ^]^q county of Iroquois, is declared to be a point 

in the main line of said railroad. 
Artici PS offered § ^. Said railroad company are hereby required to carry 

lira ^'■'^"'*P°'^'^^" lirewood on their said railroad, to the city of Chicago, at a 
rate not exceeding two cents per mile per ton. 

§ 5. This act shall be a public act, and be in force from 
and after its passage. 

Approved March 4, 1869. 



In force March AN ACT to amend an act entitled "An act to incorporate the Chicago and 
'^i, 1SC9. Illinois River Railroad Company." 

Section 1, Be it enacted hy the People of the State of 
Illinois^ represented in the (jeneral Assembly, That the 

Act, amended, act entitled "An act to incorporate the Chicago and Illinois 
Kiver liailroad Company," approved February 28, 1807, be 
and the satne is hereby amended, by striking out, in the 
fourth (1) section of the said act, the following words, to-wit : 
"througii the village of Lisbon, Kendall county, the city of 
Ottawa, LaSalle county, and such other points," and insert 
in their stead the following words: "through such points." 

Levy taxes. § 2. The soveral counties, cities, incorporated towns, 

and the several townshijis in counties having township or- 
ganization, tiirough or near which the said road shall be 
located, are hereby authorized to raise money, by a tax, to 
be levied u{)on all the real and personal property in the said 
several counties, cities, incorporated towns and townships, 
and to subscribe the same to the capital stock of said cor- 



RAILROAD COMPANIES NEW PRIVILEGES. 263 

poration, for the purpose of aiding in the constrnction and 
completion of said railroad ; and the said several counties, 
cities, incorporated towns and townships, as aforesaid, are 
further authorized to issue bonds, drawing interest at a rate 
not exceeding ten per cent, per annum, which said bonds 
shall be negotiated and payable in the city of New York, in 
not less than one year nor more than twenty, after the date 
of the same : Provided^ that no subscription shall be made 
or no tax shall be levied until the same shall be voted for 
as hereinafter provided. 

§ 3. Whenever twenty-five voters of any such county, P?'i<ion ,. f^f 

.'-' ,. 11, 1 .,'' ,..•'' calling elt'Ction. 

City, town or township, shall make a written application to 
the county clerk of such county, or twenty-five voters of 
any such city, town or township, shall make such applica- 
tion to the clerk thereof, requiring an election by the legal 
voters of such county, city, town or township, to determine 
whether such subscription shall be made and such tax levied, 
specifying in such application the amount, such clerk shall 
file such application in his oflice, and immediately give the 
notices, as required by law, for an election, to be held by submitted to 
the legal voters of such county, city or town or township, ^^'"^ ^'^ ^^^' 
at the usual places for holding elections — such notice to be 
given at least thirty days prior to such election ; and such 
election shall be held and conducted, in all respects, and the 
return thereof made, as in case of annual elections. 

§ 4. If the maiority of voters voting at such election .Towns nnd 
shall be in favor of such subscription aud tax for the pay- stock, 
ment thereof, then such city, countj^ or town or township, 
by its proper corporate authority, shall levy such tax, and 
subscribe to such corporation the amount thereof, to be de- 
termined or votijd for at any such election, and shall issue 
to said corporation their bonds for such amount, drawing 
interest at a rate not exceeding ten per cent., per annum, 
and payable in not less than one nor more than twenty 
years. The said bonds, when issued, are to be irrevocable, 
and negotiable and payable, as in section two, as aforefaid. 

S 5. If any county, city or town or township shall sub- Boi.asinpay- 

., -i-ii T •• », ment m sub- 

scribe to said capital btock, under the provisions of this act, scriptious. 

and shall iesue iheir bonds, said bonds shall be in full pay- 
ment of their said subscriptions ; and the supervisors of 
said townships or county court of said county and the cor- 
porate authority of such city or town, shall, annually, ap- 
point some suitable person to represent and vote upon the 
stock 80 subscribed and levied, as aforesaid. 

§ 6. This act shall be in force from and after its p?is- 
sage. 

Approved March 24, 1869. 



264 EAILKOAD COMPANIES — NEW PRIVILEGES. 



In force March AN ACT to amend an act entitled "An act to incorporate the Chicago and 
15i 1S69. Indiana Railroad Company." 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly^ That section 

Sec. 18 repealed, ei^'htecu (18), of the Ect of incorporation ofthe Chicago and 
Indiana Raih'oad Compauj, approved March 5th, A. D. 
1867, is hereby repealed. 

Transportation § ^- The Said Chicago and Indiana Raih'oad Company 

of freight. shall bc permitted to collect, for transportation of fuel, as 

provided in section twenty (20) of the act of incorporation, 

two cents per ton, per mile, when offered in full car loads 

and loaded and unloaded by the owner. 

Collection of § 3, The Said Chicago and Indiana Kailroad Company 

fares. j^^^y collect, for commutation tickets, fare at the rate of one 

cent per mile, where commuters purchase yearly tickets, 
one and one quarter cents per mile, where they purchase 
tickets good for six months ; and one and one-half cents per 
mile, in cases where commuters purchase tickets good but 
three months — it being understood, in case of commutation, 
that the commuter shall purchase such tickets, and it shall 
expire at its limitation, whether he rides or not ; and said 
company may collect for transient or local fare three cents 
per mile, and no fare to be less than ten cents. 

§ 4. This act shall be in force from and after its pas- 
sage. 

Approved March 15, 1869. 



In force March AN ACT to amend an act entitled "An act to incorporate the Chicago 
29, 1869. .^,1,] Plainfield Piailroad Company," approved Feb. 24, 1859, and an act 

amendatory tliereto, entitled " An act to amend an act entitled ' an 
act to incorporate the Chicago and Plainfield Kailroad Company.' " 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly^ That the 
Name changed. Piiid Corporation, heretofore known as the "Chicago and 
Plainfield Railway Company," shall hereafter be known 
and called the " Chicago, Plainfield and Pekiu Raili'oad 
Company." That said coni])any is hereby authorized to 
locate the line of said railroad on the most eligible route from 
(Jhieago to Plainfield, and from thence, through Groveland 
township, to Pekin, and shall have all the powers, rights, 
privileges and immunities which have been heretofore 
granted, and such powers, rights, privileges, and immunities 
as are hereituifter provided for. And all subscriptions, do- 
nations or gifts to the capital stock of said railroad company. 



EAILROAD COMPANIES — NEW PRIVILEGES. 265 

whether made by individuals, townships, counties or corpora- 
tions, shall be and are by this act legalized. And the said 
company are hereby empowered and authorized to collect and 
use the same. And all elections heretofore held by au}^ city, 
county or township, for the purpose of voting a subscrip- 
tion or donation to said railroad company, are hereby 
legalized. 

§ 2. The said corporation are hereby further authorized siockBnbsciip- 
to receive subscriptions, donations or gifts to the capital 
stock of said company, either in money, lands, labor. Donations, 
materials, cars, locomotives, or other articles, personal or 
real, adapted to the construction or operation of said rail- 
road, or any property that, in the opinion of the board of 
directors, may be exchanged or converted to such use ; 
and upou receiving full payment, in manner aforesaid, of 
any such subscription of stock, may issue to such subscriber 
or subscribers certificates of stock therefor. 

§ 3. The several counties in which any part of said .To\ra3 aiui 
railroad has or may hereafter be located or that may lie on or stock. 
near the line of said road, and the several townships in 
said counties which have adopted or may hereafter adopt 
township organization, and the cities and incorporated 
towns in said counties, are hereby authorized to subscribe 
and take stock in said company. 

§ 4. Elections may be' held in any such county, town- Submitted to 
ship, city or incorporated town upon the question whether ° 
such county, township, city or town shall subscribe for any 
specified amount of stock of said company, not exceed- 
ing two hundred thousand dollars ; and elections shall be 
held in any such count}'', township, city or town, as often 
as a petition shall be presented, as hereinafier specified, 
until such county, tov;nship, city or town shall have sub- 
scribed for the full amount of stock authorized by this act. 

§ 5. Whenever a petition shall be presented to the ^^^^^[1'^^.^^^ -^'^^ "^ 
county clerk, signed by fifty legal voters of any such 
county, setting forth the amount of stock proposed to be 
taken by any such county, and specifjnng the time for holding 
such an election, it shall be the duty of the county clerk of 
such county to give thirty days' notice of the time of hold- 
ing such election, which shall be the same time as that 
specified in such petition ; and whenever a petition shall 
be presented to the supervisors of any such township, or to 
the corporate authorities of any such city or town, signed 
by twenty-five legal voters of any such township, city or 
town, setting forth the amount of stock proposed to be 
taken by any such township, city or town, and specifying 
the time for holding such election, it shall be the duty of 
the supervisor of every such township and the duty of the 
clerk of every such city or town, to give thirty days' notice 
of the time of holding such election in euch township, city 

Yol, III~34 



^2^06 EAILEOAD COMPAIIIES — NEW PRIVILEGES. 

or town, which shall be the same time as that specified in 
such petition ; which said notice or notices shall be given in 
the same manner, and such election or elections shall be 
conducted in the same mode, and at the places provided for 
holding general elections in such counties, townships, 
cities and towns ; at which election or elections the qualified 
voters of tiie respective counties, townships, cities and 
towns, shall vote " For subscription*' or " Against subscrip- 
tion ;" and the returns of such election or elections shall be 
made to the county clerlr, in the same manner and within 
the same time and shall be by him opened and declared in 
the same manner as for elections held for state and county 
officers ; and if a majority of the votes cast at such election, 
by voters voting on that subject, shall be "for subscription," 
it shall be the duty of the county court, or board of super- 
visors of every such county, the supervisor and clerk of 
such township, and the corporate authorities of such city or 
town, to subscribe, without unnecessary delay, upon the re- 
quest of said company, to the amount so voted for, and to 
irsue and deliver to said company the same amount as the 
stock so subscribed of the bonds of such county, township, 
city or town, as the case may be, payable at any time speci- 
Time of pay- fiecl, uot exceeding fifteen years from date, or sooner, at the 

mg ou g. option of the county, township, city or town issuing the same, 
with interest, by coupons attached for the same, at a rate 
not exceeding ten per cent, per annum, payable annual- 
ly, which said bonds and interest accruing thereon 
shall be made payable at such place within the United 
States as said company may request : Provided, that at 
any election held under the provisions of this act at any 
other time than the time for holding the general elections 
for state and county purposes, it shall not be necessary for 
the several boards of registry to make a new register of the 
several voting precincts, but the register made of the legal 
voters at the last general election held for the election of 
state or county officers may be used : Provided, that any 
legal voter, whose name does not appear on said register, 
shall be received and taken in the same manner that un- 
registered legal voter's votes are received at any general 
election. 

Intersections. § 6. Whenever it shall be necessary, for the construc- 
tion of said railroad, to intersect or cross the track of any 
other railroad, or to cross any streani of water or water 
course, or road or highway, lying on the route of said road, it 
shall bo lawful for the company to construct their railroad 
upon or by the side of the same : Provided, that the said com- 
pany r1i:i11 restore tiie railroad, stream of water, water course, 
road or highway, thus intersected or crossed, to its former 
etiito or in a sufficient manner not to materially impair its 
usefulness: Provided, that whenever it shall become 
necessary for said railroad cumpauy to cross the track of 



RAILEOAD COMPANIES — NEW PRIVILEGES, 2G7 

any othor railroad company, now bnilt or \yliich may be 
hereafter constructed, the expense of putting in and build- 
ing such crossing shall be paid and shared equally by and 
between the two companies so connecting or intersecting 
each other. 

§ 7. It shall be lawful for the incorporate authorities of ^^^"^f^ °^ ''^-*^ 
any incoroorate city or town through which said railroad 
shall be located, to donate or lease to said railroad com- 
pany, as a right of way, the right to lay a single or double 
track through said city or incorporated town, on any por- 
tion of the same, on any street or highway that the said 
railroad company shall select for that purpose — said lease 
or permit to be unchangeable and perpetual, except at the 
option of said railroad company. 

§ 8. Said company shall have power to contract for the contracts. 
building of said railroad, or any portion thereof, by their 
president, with the consent and approval of the board of , construction 

' . ' , , ,, . , '■T.I i of railroad. 

directors or a majority or them ; and the power to pur- 
chase, contract for and place on said railroad heretofore and 
hereby authorized to be constructed, all machines, machine- 
ry, rolling stock and other property, which they may deem 
necessary and proper for building and operating said rail- 
road ; and power to transport and carry upon said rail- 
road, by force and power of steam, animals or any com- 
bination of them ; and may tix, establish, take and receive 
such rates of toll, for passengers and property conveyed or 
transported upon the same, as the directors shall, from 
time to time, establish ; and shall carry and transport the 
mails of the United States on such terms as may be agreed 
upon. 

§ 9. The stock of said company shall be deemed per- -,er*onai'^ro'^er- 
sonal property, and may be issued, certified, transferred ty and transfer- 
and registered 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 sub- 
scribed 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 the stockholders or any of them, to make payment, on 
the requisition of the board of directors, the shares of stock 
delinquent or so unpaid may, at the option of the said board 
of directors, after thirty days' public notice, be sold at pub- 
lic auction, under such rules as the directors may adopt ; 
the surplus money, if any remaining, after deducting the 
payment due, with interest and cost of sale, to be paid to 
the delinquent stockholder. 

§10. Said company shall have power, by and with the May nuiie with 
consent of the owners of three-fourths of the capital stock o^'^"^'^'"^'^^- 
of said company to consolidate and connect its railroad with 
any other continuous line of railroad now constructed or 
which may be hereafter constructed in this state upon such 
terms as may be agreed upon between the companies so 



26S KAILEOAD COMPAiJIKS — NEW PBIVILEGES. 

connecting or uniting ; 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 object 
of said consolidation or connection. 
May borrow -^ 11. Said railroad company are hereby authorized to 

moucy. borrow money, from time to time, on the credit of said 

company, at any rate of interest not exceeding ten per 
cent., per annum, as may be agreed upon between the par- 
ties, for the sole purpose of constructing said road and 
fnrnishing the same with cars, locomotives and other ma- 
chinery, necessary to carry on the operations of said com- 
pany, and may issue its corporate bonds therefor, in de- 
nominations of not less than five hundred dollars, with 
coupons attached for the interest, and to secure the pay- 
ment thereof, with the interest that may accrue thereon, 
may mortgage their corporate property or franchises, or 
both, for said purpose. And they may, by their president 
or other officers or agents, sell, dispose of or negotiate such 
bonds or the stock of said company, at such times and 
places, either within or without this state, and at such rates 
and for such prices as, in their opinions, will best advance 
the interest of said company ; and if such bonds or stocks 
are sold at a discount, such sale shall be as valid and bind- 
ing, in every respect, as if sold at par value : Frovided^ 
that the total amount of first mortgage bonds of said com- 
pany shall not exceed in amount the sum of fifteen thous- 
and dollars per mile of the said railroad, constructed or to 
be constructed. 
Bonds may be § 13, The dircctors of Said company may confer on any 

capital stock"''' bond holder of any bonds issued for money borrowed, as 
aforesaid, the right to convert the principal due or owing 
thereon into the capital 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 
lit to adopt. 

Dividends. § 13. The Said company shall, annually or semi-annu- 

ally, make such dividends as they may deem proper of the 
net profits, receipts or income of said company, among the 
stockhulders, in tlie proportions to their respective shares. 
Powers of the § 1-1. All tlio Corporate powers of said company shall 

directors. i^g vested in and exercised by a board of nine directors, a 

majority of whom shall constitute a legal quorum for the 
transaction of all business; and they shall have power to 
appoint such other officers, agents or servants as they 
may deem necessary. Yacancies in the board may be 
filled by a majority of those remaining — sucli appointees 
to continue in office until the successors of the then board 
shall be qualified. An election for a board of nine direc- 
tors of said company shall bo held on the second Tuesday 
in April, 1869, at tlio circuit court room in the city of 
Fekin, comraenciDg at 10 o'clock A. M., and the same to 



EAILHOAD OOMPAJNIES — NEW PKIVILEGE8. 269 

close at 2 o'clock P. M., of said day. No notice need be 
given of said election ; and the directors chosen at such 
election shall hold their offices, respectively, until their suc- 
cessors are chosen and qualified. The annual election of Annual election 
directors shall be held on the second Tuesday in January, °' •^''^^ctora. 
in each . year, at such place as the directors may direct, 
twenty days' notice being given, by publication in one or 
more newspapers on or near the line of said road ; and said 
board of directors shall have power to change its president, 
secretary or treasurer, at pleasure, at any regular or spec- 
ial meeting of the board : Provided, a majority of the nine 
directors vote for such change. 

§ 15. At any election held for choosing directors or for who entitled 
other purposes each share of stock shall be entitled to one ""^^ ^' 
vote, to be given either in person or by proxy. Each per- 
son shall be voted for directly, and those receiving the 
highest number of votes shall be declared duly elected, and 
shall hold their offices until the next annual election and Term of office, 
until their successors are elected and qualified. All elec- 
tions of directors to be conducted by three judges, to be se- 
lected by the stockholders present ; and at all such elec- 
tions and on all questions voted upon by the stockholders 
of said company, all stock subscribed for and owned by any 
county, township, city or incorporated town, in the man- 
ner hereinbefore provided, may be represented and voted 
by such person or persons, or his or their proxy, as the 
proper authorities of the respective counties, townships, 
cities and incorporated towns shall designate or appoint. 

§ 16. The board of directors shall have power to con- Transportation 
trol and regulate the manner of transportation of persons ^^^^^' 
and property, the width of track, the construction of wheels, 
the form, and size of cars and locomotives, the weight of 
loads, and all other matters and things respecting the use 
of said road and the conveyance of persons and property 
thereon, and shall have power to make, ordain, establish 
and execute all such by-laws, rules and regulations, as they 
may deem expedient and necessary to fulfill the purpose 
and carry into effect the provision of this act and for the 
well ordering and securing the affairs, business and inter- 
ests of said company: Provided^ that the same be not re- 
pugnant to the constitution and laws of the United States 
or of this state. 

§ 17. The certificate of the secretary of said company, certificate of 
under the corporate seal thereof, shall be received in all \l"^yj^ ^"''"^ 
courts of justice and elsewhere as evidence of the regular 
organization of said company, under its charter, and of any 
act or order of the board of directors of said company. 

§ 18. The corporate rights, privileges and franchises of Poweisaadpri- 
said company, as granted, are hereby declared to be in full ^^*®=^*- 



270 KAILEOAD COMPANIES — NEW PEIVILEGES. 

force and effect, and shall be liberally construed for all pur- 
poses sought to be obtained. 

§ 19. This act to take effect from and after its passage. 

Approved March 29, 1869. 



In force April AN ACT supplemental to " An act to amend an act entitled 'an act to in- 

19, 1869. corporate the Chicago and Plaiafield Railroad Company,' approved 

February 24, 1859, and an act amendatory thereto entitled 'an act to 

incorporate the Chicago and Plainfield Railroad Company,'" approved 

March 29, 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ rejpresented in the General Assembly^ That said 

Name changed, railroad company shall heenceforth be known and called by 
the name of " The Chicago, Pekin and Southwestern Kail- 
road Company," and that so much of said act as names 
Part of act re- Plainfield and Groveland townships as points on said road 

^^^^ • is hereby repealed. 

Part of section § 2. That SO much of section six of said act as requires 

6 repealed. railroads crossed by this railroad, to bear an equal share of 
the expenses of such crossings, is hereby repealed. 

constrnction of g 3. Nothing in said act shall be constraed to impair or 

invalidate any contract entered into prior to the passage 

thereof for the construction of said road or any part 

thereof. 

sect.ou 12 re- § 4. Section twelve of the act to which this is an amend- 

^^^ ^ ' meat is hereby repealed. 

Sec. 14 amended § 5. Section fourteen of said amendatory act is hereby 
amended, so that it shall be lawful to elect thirteen direc- 
tors of said company ; and an election therefor shall be held 
as soon as three hundred thousand dollars has been, in 
good faith, suliscribed to the capital stock of said company 
and five per cent, of said subscription has been actually paid 
Notice of eieo- in. Thirty days' notice of such election for directors shall 

•^'""^ be given, by publication in two or more newspapers pub- 

lished on the line of said railroad, prior to such election. 
And at all elections of said company none but stock in good 
faith subscribed and upon which all amounts due are actu- 
ally paid shall be entitled to vote. So much of said last 
mentioned section as requires an election for directors of 
said company to be held on the second Tuesday of April, 
18()9, is hereby repealed. 

^T§ G. This act shall take effect and bo in forco from and 
after its passage. 

Approved April 19, 1869. 



KAILROAD COMPANIES — NEW PKIYILEGES. 271 

AN ACT to amend an act entitled "An act to incorportito the Court in force March 
Creek Railroad Company." 2T, 18Sa. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the Appointment 
persoDS named in the iirst section of said act, or so many of directors, 
of them as shall meet and organize, for that purpose, at the 
First National Bank, in the city of Galesburg, on the first 
Monday of April, A. D. 1869. are hereby appointed the di- 
rectors of said corporation, and shall hold their ofiice for 
one year or until others are elected. Such directors, or a Quorum to do 
majority of them, shall constitute a quorum for the transac- ^"^'^'^'^s- 
tion of business, and shall elect one of their number to be 
president of said company. They shall also elect such oth- 
er officers and agents as they shall deem proper. In case 
any vacancy occurs in the board of directors, such vacancy 
may be filled by the remaining directors or in such man- 
ner as the by-laws of said corporation may provide. In 
case less than thirteen of the persons named, as aforesaid 
in said act, shall organize, as aforesaid, those of their num- , 

ber who shall meet and organize may increase their num- 
ber to thirteen, by election, either then or at subsequent 
meetings. 

8 2. Said directors shall, as soon after the passage of open tooks for 

Ai • i • L. 1 1 J.' 4.1 V subscnpiion. 

this act as convenient, open books tor the purpose ot re- 
ceiving subscriptions to the capital stock of the company, 
under the direction of such agents as said directors shall 
appoint, and such books sh^ll be kept open from time to 
time, until the amount of the capital, as authorized by this 
act or fixed by said corporation, shall be subscribed, or 
until said directors shall determine to close the same, 

§ 3. There shall be an annual meeting of the stock- . Annual meet- 
holders of said company, for the election of the board of holders, 
directors — the time and place for holding which shall be 
fixed by the by-laws of the company ; and at all meetings 
each stockholder shall be entitled to vote, in person or by 
proxy, one vote for each share he, she or they may hold 
and own, bona fide, in said corporation. The number of 
directors shall be thirteen, or such less number as may be 
determined by the by-laws of the corporation, not less than 
seven. 

§ 4. Any incorporated city or town or any county on (.it[°g^^ay take 
or near the line of said railroad may subscribe to the capi- stock, 
tal stock of said company any sum, not exceeding one hun- 
dred thousand dollars, and may issue bonds, bearing interest 
at the rate not exceeding ten per cent., per annum, payable 
annually ; which bonds may run any period, not exceeding 
twenty years, to be determined on by the county court, 
board of supervisors, city council, town trustees or other 
proper authority issuing said bonds : Provided, that before 



272 BAILKOAD OOMPAHIES — NEW PElVILEaES. < 

sucli stock shall be subscribed, an election shall be held in 

conformity with the laws in regard to ordinary city, county 

or town elections — thirty days' notice having been given, and 

Submitted to returus to be made in the usual way ; at which election a 

legal voters. niajority of the legal voters, voting on that question, shall 
have voted in favor of said subscription, and, to this end, 
the ^county court, board of supervisors, city council, town 
trustees, or other proper authority may, from time to time, 
order elections, specifying the amount proposed to be sub- 
scribed ; and such city, town or county is hereby authorized 
and required to assess and levy a sufficient tax to pay the 
interest accruing on such bonds and the principal of the 
same when due ; which tax shall be assessed, levied and 
collected in the same manner as other taxes are by law re- 
quired to be assessed, levied and collected. 
Organized § 6. Any town Organized Under the towuship Organization 

stock! °^'*"*' ^ ° law, on or near the line of said railroad, may subscribe to 
the capital stock of said company in any sum not exceeding 
fifty thousand dollarsr but no such subscription shall be 
made until the question has been nubmitted to the legal 
voters of the town in which the subscription is proposed to 
be made ; and the clerk of each of said towns is hereby 
required upon the presentation of a petition, signed by at 
, least fifty legal voters residing in such town, in which pe- 

tition the amount proposed in which the subscription is to 
Notice of be made shall be stated, to post up notices in at least three 
of the most public places in said town, which notices shall 
be posted not less than thirty days before the day of 
holding such election, notifying the legal voters of said 
town to meet at the usual places of voting in such town, for 
the purpose of voting for or against such subscription ; 
which election shall be held and conducted in the man- 
ner provided by law for the election of town officers. If 
it shall appear that a majority of all the votes in any 
town, voting on that question, have voted for subscription, 
it shall be the duty of the supervisor of such town to sub- 
scribe to the capital stock of said company, in the name of 

Interest bonds, the town, the amouut 60 voted to be subscribed, and to 
receive from said company the proper certificates therefor ; 
he shall also execute and deliver to said company, in pay- 
ment of calls on such subscription, not otherwise provided 
for by the people of such town, bonds in the name of the 
town, bearing interest not to exceed ten per cent, per an- 
num, and not having more than twenty years to run — the 
interest payable annually. Such bonds shall be attested 
by the town clerk, and it shall be the duty of the town 
clerk to make a record of the issuing of such bonds. 
Diityoftjwn § <-''• It shall be tho duty of the town clerk, in such 

cierii. town in which a vote shall have been given for subscrip- 

tion, within ten days thereafter, to transmit to the county 
clerk of the county in which such town is situated, a state- 



TOWNS ^NEW PRIVILEGES. 273 

Dwight shall be vested in and prosecuted by the corpora- 
tion hereby created. 

§ 8. All property, real and personal, heretofore belong- ah properly 
ing to the president" and trustees of the town of D wight, Su. ''' '^^''i^"- 
for the use of the inhabitants of said town, shall be and the 
same are hereby declared to be vested in the corporation 
hereby created. 

§ 9. This charter shall not invalidate any act done by Not toiuyaii- 
the president and trustees of the town of Dwight, nor divest acts. '"''^""'"' 
them of any rights which have accrued to them prior to the 
passage of this act. 

§ 10. Appeals shall be allowed in all cases arising nn- Appeals tnken 
der the provisions of this act or of any ordinance passed *° "'''^"" '=^'"''- 
in pursuance of this act to the county or circuit court of 
Livingston county, and every such appeal shall be taken 
and granted in the same manner and with like effect as 
appeals are taken from and granted by justices of the peace 
to the circuit court in similar cases, under the laws of this 
state : Provided^ the said corporation shall be allowed to 
appeal in any case in which it is a party, by causing its 
president or clerk to execute a bond, in the name of the 
corporation, in the form now prescribed by law in other 
cases, without other security ; and an order entered upon 
the records of said corporation, directing said appeal or ap- 
proving the same, shall be sufficient evidence of authority 
to sign said bond. 

§ 11. The president and trustees of the town of Dwight promnigation 
shall, immediately afrer the passage of this act, take meas- ° ^^^' 
ures to promulgate the same within the limits of said town. 

§ 12. This act is hereby declared to be a public act, aud Evidence aud 
may be read in evidence in all courts of law and equity p™"^ ^^ ^'^'^' 
within this state without proof. 

§ 13. The town marshal or constable or any other offi- Powers of the 
cer authorized to execute writs or any other process issued ™u"aDie. 
by the police magistrate of said town, shall have power to 
execute the same anywhere within the limits of the county 
of Livingston, and shall have the same power to execute 
any process issued by any justice of the peace of said county, 
and be entitled to the same fees for traveling and other ser- 
vices as are allowed to constables in similar cases. 

§ 14:. No provision of this act shall be so construed as corstructionof 
to authorize the sale of intoxicating drinks, whenever the ^^^' 
same is or may hereafter be prohibited by law or ordinance. 

§ 15. The town council may, at any time hereafter, ProvWe fm- 
provide by ordinance for future elections by the inhabitants fntureecctious. 
of said town of such town officers as they may deem it ad- 
visable to have elected. 

§ 16. All fiiies and penalties, recoverable by indictment Aiithefiue-j 
or action, for any offenses committed within the limits of paid to treasurer 
said town or within one mile of the same, and which are 
now required by law to be paid to the county treasurer or 
Vol. IV— 35 



facie evidence. 



274 TOWNS — NEW PKIVILEGEB. 

to the school commissioner of said county, shall hereafter 
be paid in to the town treasurer, for the use ot said town. 
Deeds prima § 17. Deeds of land sold for taxes under the sales here- 
tofore made, under the ordinances of the town of Dwight, 
may be executed by the president of the corporation hereby 
created, and shall be acknowledged as other conveyances, 
and when executed and acknowledged, as aforesaid, they 
shall be deemed and taken, in all courts and places, to be 
prima facie evidence of the existing and regularity of all 
such prior proceedings as might otherwise be required to 
be proved, in order to establish the title ; the purchase and 
such deed shall be evidence, as aforesaid, without any proof 
of any proceeding prior to the issuing thereof. 

§ 18. This act shall be in force from and after its pas- 
sage. 

Approved March 24, 1869. 



In force March AN ACT to enable the corporate townof Earlville, LaSalle connty, to levy 
®^' ^^'^' and collect road taxes. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
Power to collect corporate town of Earlville, in LaSalle county, and state of 
Illinois, shall be empowered to assess and collect any and 
all road taxes, both labor and money tax, inclusive, now 
authorized by the laws of this state to be assessed upon 
the persons and property within the highway or road limits 
of the corporate town of Earlville. 

§ 2. This act shall take effect and be in force from and 
after its passage. 

Approved March 27, 1369. 



In force Feb. 24, AN ACT to amend an act entitled "An act to amend, alter and revise the 
1869. manner, name or style and corporate powers of the town of Elgin," 

approved February 28, 1854. 

Section 1. Be it enacted ly the People of the State of 
Illinois, represented in the General Assembly, That section 
Sec. a amended, three, article four, of the act to which this is an amend- 
ment, be and tlie same is hereby amended, by striking out 
all after the word "assessor," in second line. Said section 
to read as follows : "At each general election for mayor and 
aldermen, there shall be elected a treasurer and assessor." 



TOWNS — NEW PRIVILEGES. 275 

§ 2. Tliis act to be deemed a public act, to take eflfect and 
be in force from and after its passage. 
Approved February 24, 1860. 



AN ACT to enable the commissioners of highways of the town of Elling- In force March 
ton, county of Adams, state of Illinois, to make, improve and repair 31, 1809. 
, the highways and bi'idges, and levy road and bridge taxes, in the man- 
ner hereinafter mentioned. 

Section 1. Be it enacted by the People of the State of 
lUinois, represented in the General Assembly, That here- Election of 
after all road, highway and bridge taxes, (except the poll i^g^^^ay officers 
tax) in and for said town, shall be due and collectable in 
money, and that no overseers of highways shall hereafter 
be elected or appointed in and for said town, except as here- 
inafter provided. 

§ 2. That each commissioner of highways of said town commissioners 
shall, at their first meeting after they are chosen, and as iuhawtantB!^' ""^ 
now provided by law, and each year thereafter, present to 
the board of commissioners a list, subscribed to by him, of 
the names of all the inhabitants in that part of the town 
represented by him, as hereinafter provided, who are liable 
by existing laws to work on the highway ; and the board 
of commissioners shall assess the poll tax thereon, as now 
provided by law. 

§ 3. The said commissioners shall, also, require of their Record of pro- 
treasurer, in addition to the duties now required of him by '^^^'^^se- 
law, to keep, in a suitable book provided by them out of 
any funds in hands, a full and complete record of all the 
proceedings had and orders made upon all matters by the 
said commissioners of highways; also, make out, or cause 
to be made out, two complete lists of personal property, 
and also a description of each tract of land and the names 
of the owners of such personal property and tract of land, 
if known, with the valuation thereof, as taken from the as- 
sessment roll of the previous year of said town' and the 
amount of road tax assessed thereon, in a separate column. 
The lists so prepared shall be subscribed to by said com- 
missioners, one copy given to the town clerk, to be filed in 
his office, the other to be by the treasurer of said board de- 
livered to the supervisor of said town at least ten days pre- 
vious to the annual meeting of the board of supervisors ; 
and it shall be the duty of the supervisor of the town of 
Ellington, Adams county, state of Illinois, to receive such 
list, when delivered, and lay the same before the board of 
supervisors of the county of Adams. 

§ 4. It shall be the duty of the board of supervisors to Dut'es of the 
cause the amount of such averages of such road tax to be ^'^i^^'"^^"*^- 



oi loaj 



276 TOWNS — NEW PRIVILEGES. 

levied on the lands so returned, and to be collected in the 
same manner that the contingent charges are levied and 
collected, and to cause the same, when collected, to be paid 
to the commissioner of the town of Ellington, aforesaid, to 
be by them applied to the construction and repairing of 
roads and bridges. 

Superintendent § 5. The commissioncrs of highways of the town of 
Ellington are hereby authorized and required, at their first 
meeting, to appoint a suitable person, or within thirty days 
thereafter, and to fix his compensation, who shall be 
known as superintendent of roads and bridges in and for 
the town aforesaid, who, under the direction of said com- 
missioner of highways and subject to their control and re- 
moval by them at any and all times, shall take charge of 
the making and repairing of the roads and bridges of said 
town. Said superintendent shall collect the poll tax due 
from all persons liable to the same, in labor or money, as 
persons may elect, in the same manner as now provided 
by law that it shall be done by the overseers of highways, 
and report, in writing, each month, the amount collected 
Ei^fovcf coiiec- in money or labor, as the case may be, to the commissiou- 

tion of taxes, ers of highways. The said superintendent shall have the 
same power to enforce the collection of said poll tax as 
though acting as district overseer of highways under exist- 

Town divided [j^cr lawS. 
into d.stricts. ^ . '_,, , .. (■t-iit i ii t • 

§ 6. ihat the said town oi Ellmgton be and hereby is 
divided into three districts, known and described as follows, 
to-wit: District No. 1, shall comprise all that portion of the 
town of Ellington known and described as township one 
(1) south, range nine (9) west of the fourth (4) principal 
meridian, not included within the corporate limits of the 
city of Quincy. District No. two (2), shall comprise all that 
portion of the town of Ellington known and described as 
the north half of township one (1) south, range eight (8) 
west of the fourth (4) principal meridian. District No. 
three (3), shall comprise all that portion of the town of El- 
lington known and described as the south half of township 
one (1) south, range eight (8) west of the fourth (4) princi- 
pal meridian. Each district hereby created shall always 
be entitled to one commissioner of highways, who shall be 
a resident of the same. All moneys and labor collected 
for general road purposes shall be expended in the district ' 
piautinp trees. tVom wliicli they were collected. 

§ 7. The owners of any lands lying and being upon pub- 
lic highways in the town of Ellington, Adams county, Illi- 
nois, shall have the right to plant trees on the public high- 
way, along the front of lands or lots. On public highways, 
of not less than sixty feet in width, such shade trees as may 
be planted, not to exceed twelve (12) feet troin the lines of 
such highways or streets. On highways less than sixty 
feet and over forty feet in width, such shade trees may be 
planted not to exceed eight (8) feet from the lines of such 



TOWNS — NEW PBIVILEGE8. 277 

highways. On highways less than forty (40) feet in width, 
such trees may be planted not to exceed six (6) feet from 
the lines of the said highway. 

§ 8. Any person injuring or destroying any tree already injuring trees. 
growing or which may be planted in accordance with the pro- 
visions of this act, shall be deemed guilty of a misidemeatior, 
and shall be subject to a tine of not less than ten (10) nor more 
than hfty (50) dollars for each offense, and be liable to the 
owner for damages, in an action of trespass, before any jus- 
tice of the peace of Adams county. 

§ 9. That an act entitled "An act to vacate certain ave- Former act 
Dues traversing the S. E. quarter, sec. twenty-four (24), jn'^'^®'*'^ 
township one (1) south, range nine (9) west, Adams county. 
Illinois," and approved Feb. 28, 1867, be and the same is 
hereby repealed. 

§ 10. All acts and parts of acts inconsistent with the Conflicting acts 
provisions of this act are hereby repealed. ^^^^^ 

§ 11. This act shall be deemed a public act, and be in 
force from and after its passage. 

Approved March 31, 1860. 



AN ACT to amend an act entitled "An act to enable the commissioners of In force April 
highways of the town of ElliULton, iu Adams county, Illinois, to make, ■'^' ^^^■'• 
improve and repair highways and bridges and levy road and bridge 
taxes, in the manner hereinafter specified, and to do other things men- 
tioned," approved March 24, 1869. 

Section 1. £e it enacted by the People of the State of 
Illinois, represented in the General Assernbly, That said ^^^ amended. 
act be and the same is hereby amended by striking out and 
repealing all of section nine (9) of said act. 

§ 2. This act shall take effect from and after its pas- 
sage. 

Approved April 17, 1869. 



AN ACT to extend the corporate powers of the town of Enfield. I" ^^J^i c ^q '""*^** 



15, 1S.)9. 
ARTICLE I. 



Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
inhabitants of the town of Enfield, in the county of White, 
and the state of Illinois, be and they are hereby consti- 
tuted a body corporate and politic, by the name and style 



278 



TOWNS NEW PKIVILEGB8. 



Name and style. 



Boundaiies. 



General corpo- 
rate powers. 



Additions to 
the lown. 



of " The Town of Enfield ; " and, by that name, shall 
have perpetual succession, and may have and use a com- 
mon seal, which they may change and alter at pleasure. 

§ 2. The corporate limits of said town shall include all 
that district of country known as the south-east quarter of 
section 8, the south half of north- east quarter of section 
8, the south-west quarter of section 9, the south half of 
north-west quarter of section 9, the north half of north- 
west quarter of section 16, and the north half of north-east 
quarter of section 17, all in township 5 south, of range 8 
east, in said county of "White. 

§ 3. The inhabitants of said town, by the name and 
style aforesaid, shall have power to sue and be sued, to 
plead and be impleaded, to defend and be defended, in all 
courts of law and equity, and in all actions whatsoever; to 
purchase, receive and hold property, both real and personal, 
in said town, and to purchase, receive and hold real proper- 
ty, beyond the limits of said town, and to sell, lease, con- 
vey and improve property, real and personal, for the benefit 
of said town, and to do all other things in relation thereto 
as natural persons. 

§ 4. That whenever any tract of land adjoining the 
said town of Enfield shall be laid off into town lots and re- 
corded according to law, the same shall be annexed to and 
form a part of said town. 



ARTICLE II. 



Coiincil. 



Eligibility 
officers . 



OfBce vacated. 



OF TOWN COUNCIL. 

Section 1. There shall be a town council, to consist of 
five trustees, to be chosen annually by the legal voters of 
said town, 
of § 2. JSTo person shall be a member of the town council 
unless he shall be, at the time of and shall have been for 
six months immediately preceding his election, a resident 
of said town, twenty-one years of age, also a freeholder of 
said town, and a citizen of the United States. 

J 3. If any member of the town council shall, during 
the term of his office, remove from the town, his otfice shall 
thereby be vacated. 
Election returns § 4. The tuwn council shall judge of the qualifications, 
elections and returns of its own members, and shall deter-' 
mine all contested elections. 

§ 5. A majority of the town council shall constitute a 
quorum to do business, but a smaller number may adjourn 
from day to day and compel the attendance of absent mem- 
bers, under such fines and penalties as may be prescribed 
by ordinance. 

§ 6. Tlie town council shall have power to make rules 
for its i)roceedings, and i)unish its members for disorderly 
conduct, in Buch manner as may be prescribed by ordi- 
nance. 



Quorum. 



Rules oi' pw 
cccdmgs. 



TOWNS — NEW PRIVILEGES. 279 

S 7. The'town council shall keep a iournal of its pro- Jonmaiofpro- 

" , . * J. »> 1 ceedings- 

ceediDgs. 

§ 8." 1^0 member of the town conncil, during his term no member 
of office, shall be appointed to any office under the authority ^pp°^'^*«'^ '"^ "'- 
of the council. 

§ 9, The vacancies that may occur in the town council vaoanoies. 
shall be tilled by election. 

§ 10. Each and every member of the town council shall oathot office. 
take and subscribe an oath, before entering upon the duties 
of his office, that he will support the constitution of the 
United States and of the state of Illinois, and that he will 
well and truiy perform the duties of his office to the best 
of his ability. 

§ 11. Whenever there shall be a tie in the election of Tie vote, how 
any member of the town council, or other officer elected ^eteimmed. 
thereof, the judges of said election shall certify the same 
to some acting jastice in said town or the one residing near- 
est thereto, who shall determine the same by lot, as shall 
be provided for by ordinance. 

§ 12. There shall be twelve stated meetings of the town stated meetmes 
council in each year, at such times and places as may be 
prescribed by ordinance. 

ARTICLE III. 

/ 

ELECTIONS. 

Section 1. On the first Monday in May next, ensuing Election of 
the date hereof, between the hours of one and five o'clock, councu. 
P. M., an election shall be held in said town of Enfield for 
the election of five members of the town council, one po- 
lice magistrate, one treasurer, and one town constable, and 
forever thereatter, on the first Monday of the month of 
May, in each year, there shall be an election held for such 
officers. The first election shall be held and conducted and 
returns thereof made, as provided by ordinance of the pre- 
sent president and trustees of said town ; and all succeed- 
ing elections to be provided by ordinance of the town coun- 
cil by this act created. 

8 2. All persons who are entitled to vote for state offi- Qtiaiifications 

Til 11 1 1 1 • 1 r-'i of electors. 

cers, and who shall have been actual residents ot said town 
for sixty days next preceding said election, shall be entitled 
to vote for said officers. 

ARTICLE IV. 

POWERS OF TOWN COUNCIL. 

Section 1. The town council shall have power and au- Power to levy 
thority to levy and collect taxes up'm all property, real and taxes. 
personal, within the limits of said town, as provided in sec- 
tion nine of the act entitled "An act to incorporate towns 



280 TOWNS NEW PRIVILEGES. 

and cities," approved February 10, 1849, at a rate not ex- 
ceeding one per centum on the assessed value thereof. 
Appnintment § 2. The towu couucil sball have power to appoint a 

of officers. clerk, supervisor of streets, and all such other officers as 
may be necessary, and to require all officers appointed in 
pursuance of this charter to g;ive bonds, with such penal- 
ties and securities for the faithful performance of their du- 
ties as may be deemed expedient. 
Appropriation § 3. To appropriate money for the use of and provide 

for expenses. ^^^ ^j^^ payment of the debts and expenses of said town. 

General health, * § 4. 'i'o make regulations to secure the general health 
of the inhabitants of said town; to declare what shall be 
considered a nuisance, and to prevent and remove the same. 

Provide water. § 5. To provide the town with water; to sink and 
keep in repair wells and pumps in the streets of said town, 
for the convenience of the inhabitants thereof. 

Sepair streets. § 6. To make sidewalks ; to open, alter, extend, grade, 
pave, vacate or otherwise improve and keep in repair the 
streets and alleys. 

Indecencies. § 7. To prohibit indecent exposure of persons in the 

streets, alleys, lanes or elsewhere in said town. 
Markets and § 8. To crcct market houses and to establish markets 

market houses. ^^]^ market placcs, and to provide regulations for the gov- 
ernment thereof. 

Public grounds. § 9. To provide for inclosing, improving and regulating 
all public grounds which now or may hereafter belong to 
said town. 
Anctiou3ers, § 1^- To liccnse, tax and regulate auctioneers, hawkers, 

brokers, etc. peddlers, brokers, pawn-brokers, exhibitions, shows, and 
other amusements : Providtd, that in no case shall the 
town council aforesaid grant a license to any person or per- 
sons to barter or sell or traffic in intoxicating drinks or 
liquors of any kind as a beverage, or license any honse of 
ill fame or any species of gambling whatever, within the 
said corporate limits or within one mile of the same. 

Extinguishment §11- To provide for the prevention and extinguish- 
of fires. ment of fires, to organize and regulate fire companies. 

Combustibles. §12- To regulate the storage of gunpowder, tar and 
other combustible materials. 

Census. § 13. To provide for taking enumeration of the inhabi- 

tants of said town. 
Election of § 14- To rcgulatc the election of town officers, and to 

oflicers. provide for the removal of any person holding an office cre- 

ated by ordinance. 
Compensation § 15. To fix the Compensation of town officers, and to 

of officers. reguUitc the fees of jurors, witnesses and others, for services 
rendered under this act or any ordinance : Frovlded^ that 
each board shall have the right to fix the salary of the next 
board, and, also, in no case shall their compensation ex- 
ceed the sum of twenty-five dollars per annum each. 



HAILEOAD COMPAIJIES — NEW PEIVILEGES. 281 

might designate, and the further provision that said bonds 
might be paid at the option of said county at any time after 
five years' from the date of the same, upon giving six 
months' notice thereof to the holders of the same ; and 
whereas, such election was held, in pursuance of lawful no- 
tices to that effect, and there was cast at said election a law- 
ful majority of legal votes in favor of said proposition ; and 
whereas, also, by virtue of said last mentioned resolution 
of said board of supervisors, there was also submitted to the 
qualilied voters of said county, to be voted upon at said last 
mentioned election, propositions for a subscription vf one 
hundred thousand dollars to the capital stock of the Deca- 
tur and East St. Louis Kailroad, a subscription of one hun- 
dred thousand dollars to the Pekin, Lincoln and Decatur 
liailroad, and a subscription of twenty-live thousand dol- 
lars to the Monticello Railroad, tor which said several sub- 
scriptions, bonds of like tenor and effect, as aforesaid, were 
to be issued, which said several propositions were voted 
for at said election, e/i masse., and all received a majority 
of all the votes cast ; now, therefore, 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assemhly, That the EiectioDB vaiia. 
said several elections are hereby legalized and made valid, 
to all intents and purposes, and that any subscriptions 
made or hereafter to be made by the lawfully constituted 
authorities of said county, and any bonds issued or to be 
issued by said authorities, in pursuance of such subscrip- 
tion and of the said elections, or either of them, shall be 
taken, deemed and held, and are hereby declared to be val- 
id and binding, to all intents and purposes whatsoever, any 
irregularities in the said elections, the manner of holding 
the same or of voting upon said propositions or either of 
them to tlie contrary notwithstanding. 

§ 2. The several townships in counties where township Towustipsmay 
organization has been adopted, lying on or near to the line *^^^^'^°'^'^' 
of said railway, are hereby authorized to subscribe to and 
take stock in the said Indiana and Illinois Central Railway 
Company. Elections may be held in any such township, 
upon the question whether such township shall subscribe 
for any specified amount of stock of said county, not ex- 
ceeding one hundred thousand dollars, whenever a petition 
for that purpose shall be presented, as hereinafter speci- 
fied. 

S 3. Whenever a petition shall be presented to the su- Timeandmac- 
pervisor of any such township, signed by at least tweuty^ 
five legal voters of such township, setting forth the amount 
of stock proposed to be taken by such township, and speci- 
fying the time for holding such election, it shall be the duty 
of such supervisor to give thirty days' notice of the time of 
holding such election in such township, which shall be the 
same time specified in said petition, and which said notice 
Yol. Ill— 36 



ner of election. 



282 EAILEOAD COMPANIES — NEW PEIVILEGES. 

or notices shall be given ia the same manner, and such 
election or elections shall be conducted in the same mode, 
and at the places provided tor holding general elections in 
such townships: at which election or elections the qualified 
voters of such townships shall vote " For subscription" or 
" A.g:aiust subscription ;" and the returns cf such election 
or elections shall be made to the county clerk in the same 
manner and within the same time and shall be by him 
opened and declared in the same manner as for elections 
held for state and county officers ; and if a majority of votes 
cast at such election, by voters voting on that subject, shall 
be " For subscription," it shall be the duty of the supervi 
sor and clerk of such township to subscribe, without unnec- 
essary delay, upon the request of said company, for stock 
in said company to the amount so voted for, and to issue 
and deliver to said company the same amount as the stock 
so subscribed of the bonds of such township, payable at any 
time and place within the United States, specified, not ex- 
ceeding fifteen years from the date thereof, or sooner, at 
the option of such township, with interest, by coupons for 
the same thereto attached, at a rate not exceeding ten per 

Not to make Cent, per annum, payable annually : Provided^ that at any 
newiegistei. eif^ctjon held under the provisions of this act at any other 
time than the time for holding general elections for state 
and county purposes, it shall not be necessary for the board 
of registry to make a new register of the several voting 
precincts, but the register made of the legal voters at the 
last general election held for the election of state or county 
officers shall be used : Frovided^ that any legal voter whose 
^ name does not appear on said register shall be allowed to 
vote in the same manner that unregistered legal voters are 
allowed to vote at any general election. 
Levy special tax § i. It shall be the duty of the respective authorities of 
the several townships which may vote such subscription to 
cause to be levied and collected a sutficient special tax on 
all the taxable property, both real and personal, in such 
township, to pay the interest annually accruing on such 
bonds and to liquidate the principal of the same within the 
time therein specified. Said tax shall be levied, assessed 
and collected by the same officers and in the same manner 
as is or shall be provided for the collection of other taxes 
under the general revenue laws of this state; and said tax, 
wlien collected, shall be paid by the respective collectors to 
the county treasurer of the county in which the tax is collec- 

compencaUon ted, deducting one per cent, only for collecting the same; 
and the said county treasurers shall be, respectively, liable 
on their bonds for the faithful application oi said tax to the 
payment of the interest and principal of the bonds for 
which said tax was levied and collected, and shall receire 
theretbr, in full compensation, a commission of one per cent, 
only for receiving and paying out said tax. 



KAILROAD COMPANIES — NEW PKIVILEGE8. 283 

§ 5. The time limited by the laws of this state for the Time of com- 
completion of the construction of and putting said road ^f ^^^*'°° "^ '°'''^- 
the said Indiana and Illinois Central Railway Compan}'- in 
operation is hereby extended until the first day of July, in 
the year of our Lord, 1875, prior to which time the said 
company shall incur no forfeiture of its franchises by reason 
of any failure to complete and put its said road in oper- 
ation. 

§ 6. This act shall take effect and be in force from and 
after its passaoje. 

Approved March 27, 1869. 



AN ACT to amend the charter of tke Dixon, Peoria and Hannibal Railway lu force March 

Company. " 9, 1863. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That Act amended. 
an act entitled " An act to incorporate the Dixon, Peoria 
and Hannibal Railroad Company," approved March 5, 
1867, be 60 amended as to authorize the several counties in 
which any part of said road may bo hereafter located, to 
subscribe or make donations under the provisions of said 
act, to the capital stock of said company^ in any amount 
not exceeding tv/o hundred thousand dollars for any such 
county, and that the townships, cities and incorporated 
towns in any such county be and are hereby authorized to 
subscribe or make donations, under the provisions of said 
act, to the capital stock of said company, in any amount 
not exceeding one hundred thousand dollars for any such 
township, city or incorporated town. 

§ 2. This act shall be in force from and after its pas- 
sage. 

Approved March 9, 1869. 



AN" ACT supplemental to Senate bill No. 18, entitled " An act to incor- In force March 
porate the Dixon and Quincy Railroad Company." ^ 1869- 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That sec- see. 5 repealed, 
tion five (5) of Senate bill number eighteen (18), entitled 
"An act to incorporate the Dixon and Quincy Railroad 
Company" be and the same is hereby repealed. 

§ 2. This act to be in forcv^ from and after its passage. 

Approved March 4, 1869. 



284: KAILROAD COMPANIES — NEW PRIVILEGES. 



In force March AN ACT supplemental to an act entitled "An act to incorporate the Dixon 
31i 1869. and Quiucy Railroad Company." 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That the 
Condemnation Dixon and Quincj Eailroad Company may and is hereby 
^^ ■ authorized and empowered, by and witli the consent of a 

majority of the board of directors of the Warsaw, Rock 
Island and Galena Railroad Company, to enter upon, con- 
demn and take any part or the whole of the unoccupied 
roadbed and grade and its appurtenances condemned or 
otherwise acquired and held by the Warsaw, Rock Island 
and Galena Railroad Company, to be used and occupied by 
the said Dixon and Quincy Railroad Company as the road 
way for the construction of its hne of railway : Provided^ 
that the said Dixon and Quincy Railroad Company shall 
not be held liable in law for said roadbed to a greater 
amount than the same shall be appraised at under the gen- 
eral laws of this state for condemning land, assessing dam- 
ages for the right of way. 
Authorized to § 2. And the county courts or boards of supervisors of 
make »ub»crip- ^■^^ respective counties, on the line of the said Warsaw, 
Rock Island and Galena Railroad Company are authorized 
and empowered to subscribe to the capital stock of the 
Dixon and Quiucy Railroad Company the several amounts 
of stock heretofore authorized by the vote of the majority 
of the legal voters of said several counties to be subscribed 
to the Warsaw, Rock Island and Galena Railroad Compa- 
ny : Provided, that the said Dixon and Quincy Railroad 
shall be completed in or through the said respective coun- 
ties and the cars shall have run thereon before any of the 
bonds of any such county shall be issued in payment of any 
such subscription to the capital stock of said Dixon and 
Quinc}'- Railroad Company. 

§ o. This act shall take eQ'ect and be in force from and 
after its passage. 

Approved March 31, 1869. 



1° force April AN ACT to amend an act entitled "An act to incorporate the Dixon and 
' • Quincy llailroad Company," approved March 4, 1869. 

Section 1. Be it enaoted hy the People of the State of 

Illinois, represented in the General AssernUy, That section 7 

Act amended, of "An act to incorporate the Dixon and Quincy Railroad 

Company," be and the same is hereby amended so as to 

increase the first board of directors to thirteen, and that 



RAILEOAD COMPANIES — NEW PRIVILEGES. 285 

Calvin S. Orth, Abraham B. Sheriff, Joseph P. Wycoff 
and Levi A. Ender be added to the tirst board of directors, 
and shall hereafter constitute a part of said board, with the 
same powers and privileges enjoyed by those already named 
in said act. 

§ 2. The said board may proceed, under their present coustnictiono 
organization, to commence the construction of the Dixon ^°^^ 
and Quincy Kailroad, or any part of the same, before the 
amount limited in the charter has been subscribed, if, in his 
judgment, the interests of any portion of the road or the 
stockholders in the same would be promoted by it. 

§ 3. A majority of the board of directors shall constitute Quorum 
a quorum for the transaction of all business. 

§ 4. The directors are hereby authorized to vote by Mcde of voting. 
proxy in all matters submitted to the board at any meeting 
called for the transaction of the business of the company. 

§ 5. This act shall be in force from and after its pas- 
sage. 

ArPKOVED April 91, 1869. 



AN ACT to amend an act entitled "An act to incorporate the Elmwood ja force Jane 
and Mississippi Railroad Company," approved February 19, 1857. 19, 1S69. 

Section 1. £e it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That the Location and 
Elmwood and Mississippi Railroad Company are hereby road*'"^*'*''^ °^ 
authorized and empowered to locate and, from time to time, 
to alter, change, relocate, construct, reconstruct, and fully 
to finish, perfect, operate and maintain an extension of the 
line of road provided for in the charter of said company, 
approved February 19, 1857, in a northerly direction, to 
the city of Chicago, with the right to connect and consoli- 
date with any railroad now built or which may hereafter be 
constructed, running into said city. The said company are 
hereby authorized and empowered to commence the con- 
struction of any portion of said railroad at such place and 
places along the line to be selected by said company as may 
be deemed most expedient. 

§ 2. The several counties in which any part of said road Counties and 
may hereafter be located and the several townships, cities s?ock^™^^**^® 
and incorporated towns in said counties, are hereby author- 
ized to subscribe and take stock in said Elmwood and Mis- 
sissippi Railroad Company. Elections may be held in any submitted to 
such county, townships, city or town, upon the question ^^='*^^'°*®'^^' 
whether such county, township, city or incorporated town 
shall subscribe for any specified amount of stock of said com- 
pany, not exceeding five hundred thousand dollars for each 



286 



RAILKOAD OOSIPANIES — NEW PKIVILEGES. 



Petition. 



ITotlse of •;•':■ 



Donatleu*. 



county and not exceeding one hundred thousand dollars for 
each of said townships, cities and towns : Provided, that in 
lieu of the subscriptions of stock above named, the said 
townships, cities and incorporated towns shall have the 
privilege of donating to the said company any sum or sums, 
not more than one-half the amount hereinbefore mentioned. 
Elections may be held in any such county, township, city or 
incorporated town as often as a petition shall be presented, 
until such county, township, city or town shall have sub- 
scribed for the full amount of stock authorized by this act. 
Whenever a petition shall be presented to the board of 
supervisors, signed by fifty legal voters of any such county, 
setting forth the amount of stock proposed to be taken or 
the same proposed to be donated by any such county, and 
specifying the time for holding such an election, it shall be 
the duty of the county clerk to give thirty days' notice of 
the time of holding such election, which shall be the same 
time as that specified in such petition ; and whenever a pe- 
tition shall be presented to the supervisor of any such town- 
ship or to the corporate authorities of any such city or 
tov/n, signed by twenty-five legal voters of any such town- 
ship, city or town, setting forth the amount of stock pro- 
posed to be taken or the sum proposed to be donated, as 
the case may be, by any such township, city or town, and 
specifying the time for holding such election, it shall be the 
duty of the clerk, of any such city, township or town to 
give thirty days' notice of the time of holding such an elec- 
tion, which shall be the same time as that specified in such 
petition ; which said notice or notices shall be given in the 
same manner, and such election or elections shall be con- 
ducted in the same mode and at the places provided for 
holding general elections in such counties, cities, townships 
and towns, at which election or elections the qualified voters 
of the respective counties, townships, cities and towns shall 
vote "For subscription" or "For donation," or "Against 
subscription," or "Against donation," as the case may be ; 
and if a majority of the votes actually cast at such election 
shall be "For subscription," or "For donation," as the case 
may be, [it shall be] the duty of the board of supervisors 
of every such countv, the supervisor and clerk of every 
such township, and the corporate authorities of such town, 
to subscribe for stock or donate, as the case may be, without 
unnecessary delay, to the amount mentioned in said peti- 
tion, and to issue and deliver to the company the said 
amount, in the bonds of sucli county, township, city or 
town, payable at any time specified, not exceeding twenty 
yeai'B iroin date, with interest at a rate !iot exceeding ten 
per cent., per annum, pajable annually ; which said bonds 
and the interest accruing thereon shall be made payable at 
such place within the United States as said company may re- 
quest. 



EAILKOAD COMPANIES — NEW PRIVILEGES. 287 

§ 3. It shall be the duty of the respective authorities Levy special tax 
of the several counties, cities, townships and towns which 
may vote such subscription, and they are hereby required 
to levy and collect a sufficient special tax on all the taxable 
property, both real and personal, in such counties, cities, 
townships and towns, not exceeding three dollars on every 
one hundred dollars' worth of taxable property, to pay the 
interest annually accruing on such bonds and to liquidate 
the principal of said bonds within the time specified in the 
same for their payment. Said tax shall be levied on the as- 
sessments made by the assessors of their respective counties, 
cities, townships and towns, as provided by the revenue laws 
of this state for assessing the property, and shall be extended 
on the collectors' books of said county, township, city or 
town, as a special road tax, and collected by the respective 
collectors of such counties, townships, cities and towns, at Modeofcoiiec- 
the same time and in the same manner as provided by law 'ion of taxes. 
for collecting state and county tax ; which said tax shall 
be paid by the respective collectors to the county treas- 
urer of the county in which the tax is collected, deducting 
therefrom a commission of two per cent, only for collecting ; 
and the said county treasurers shall be, respectively, liable 
on their bonds for the faithful application of said tax to the 
payment of the interest and the principal of the bonds 
for which said tax was levied and collected, and shall 
receive therefor, in full compensation, a commission of two 
per centum only for paying out said tax. The corporate Rate per cent, 
authorities of the respective counties and townships shall of ta^iieyiad, 
certify to the county clerk of the proper county the rate per 
cent, to be levied for each year for such special tax, and the 
said county clerk shall extend on the collectors' books for 
such counties or townships, as a special railroad tax, at the 
rate so specified for each year, in the same manner and 
on all the property on which state and county tax is ex- 
tended ; and the respective authorities of cities and towns 
shall levy and collect such special railroad tax in the same 
manner as other tax is levied and collected in and for such ' 
cities aud towns: Frovided^ that in case the said authori- 
ties for any such county or township shall fail to certify to 
such clerk the rate per cent, to be levied for any one year 
before the time required by law for said clerk to extend state 
and county tax, then the said clerk shall extend said tax at 
the rate of one per centum. 

Approved March 27, 1869. 



288 itAILROAD COMPANIES — NEW PRIVILEGESj 



In force June AN ACT to amend an act entitled "An act to incorporate the EI Paso, Pon- 
19, 1809. tiac and Kankakee Railway Company." 

Section 1. Be it enacted hy the Peoj^le of the State of 
Illinois^ represented in the Genei'al Assembly y That section 
Sec 1 amended, one of Said act be so amended as to strike out the words 
"three years and shall complete the same within ten years" 
and insert " five years and shall complete the same within 
fifteen years ;" that section ten of said act ,be so amended 
to strike out the words " but no such vote shall be taken 
unless at a regular election for town and county officers ;" 
that section eleven of said act be so amended as to strike 
out the word "annually" and insert "semi-annually." 

Appeoved February 19, 1869. 



la force March AN" ACT to amend an act entitled " An act to incorporate the El Paso, 
10, 1869. Pontiao and Kankakee Railway Company. " 

Section 1, Be it enacted hy the People of the State of 
Illinois^ 7'epresented in the General Assembly^ That the 
Amendment charter of the El Paso, Pontiac and Kankakee Railway 
of charter. Company, approved March 6th, 1867, be and the same is 
hereby so amended as to allow said company the right to 
extend their line of railroad from Kankakee, the present 
terminus thereof, thence, eastwardly, to a point hereafter 
to be determined by the incorporators of said company, on 
the boundary line of the state of Illinois. 

§ 2. This act shall be deemed a public act, and shall 
be in force from and after its passage. 

Approved March 10, 1869. 



In force Juuo ^^" ACT to amend an act entitled " An act to incorporate the Fairbury, 
19, 1S(J9. Pontiac and Northwestern Railway Company." 

Section 1. Be it enacted by the People of the State of 
Illinois^ represented in the General Assembly^ That the 

Sec. 1 amended. Fairbury, Poutiac and Northwestern Railway Company 
shall be allowed four years from and after the passage of 
this act to commence the construction of said road ana ten 
years in which to complete the same. 

iBec. 11 amended § 2. That section eleven of said act be so amended as 
to strike out fche words "but no such vote shall bo taken 
unless at a regular election for town and county officers." • 



KAILROAD COMPANIES — NEW PKIVILEGES. 2b9 

§ 3. That said company shall be allowed to run the lino May chaugc 
of their road northwardly, from some feasible point on the '■°"''-''^' '■"''^'• 
line of the Ottawa, Oswego and Fox liiver Valley Eail- 
road, to connect with any railroad running into the city of 
Chicago, at such point as may be determined upon by the 
said company; and said company shall also have the right 
to run southwardly from Pontiac, mentioned in said act, to 
a feasible point on the line of any railroad running east 
and west, through Central or Southern Illinois for inter- 
section therewith, to be determined by said company. 

§ 4. The said company shall be allowed to commence Mavbegiuroad 
the construction of the said road at or near Pontiac, men- atPouuac. 
tioned in said act, or at any other point on the line of said 
road, that may be determined utdou by said company. 

Appeoyed March 29, 1869. 



AN ACT to amend an act entitled "An act to incorporate tlie Fairbur?;, I^ force March 
Pontiac and Northwestern Railway Company." " ' 

Section 1, Be it enacted hj the People of the State of 
Illinois^ represented in the General Assembly^ That section see. 2 amended. 
one of said act be so amended as to strike out the words 
"said company shall commence the construction of said 
road in good faith within three years, and shall complete 
the same within ten years," and insert " said company shall 
commence the construction of said road in good faith at 
Pontiac, or some other point on the line of said road, with 
in six years, and shall complete the same within ten years." 

§ 2. That section eleven of said act be so amended as 
to strike .out the words "but no such vote shall be taken 
unless at a regular election for town and county officers." 

Approved March 10, 1809. 



AN ACT to amend an act entitled " An act to incorporate the Foreston in force March 
and Chicago Railroad Company," approved February 26, 18G7. 23, ISOii. 

Section 1. Be it enacted by the People of the State of 
Illinois^ represented in the General Assembly, That section scc. 2 amended 
2 of an act entitled " An act to incorporate the Foreston 
and Chicago Kailroad Company," approved February 26, 
1S67, be 60 amended that said railroad shall be located from 
the point of crossing of Rock river, designated in said act, 
in a direct line, as near as may be, to the'town of Sycamore, 

Vol.IU~37 



290 RAILROAD COMPAOTES — NEW PRIVILEGES, 

in De Kalb county ; thence to St. Charles, in Kane county, 
and thence to Chicago, upon the most eligible route. 

§ 2. This act shall be deemed a public act, and be in 
force from and after its passage. 

Approved March 29, 1869. 



In force April AN ACT to amend an act entitled "An act to incorporate the Foreston 
19, 1869. and Chicago Railroad Company," approved February 26, ISBT, and the 

act amendatory thereof, approved March 29th, A. D. 1869. 

Section 1. Be it enacted hy the People of the State 
of Illinois, represented in the General Assembly, That the 

^ X .. . several counties, cities, incorporated towns and the several 

ro»d, tax to aid. townships m countics having township organization, 
through or near which the said Foreston and Chicago Rail- 
road shall be located, are hereby authorized to raise money, 
by a tax to be levied upon all the real and personal pro- 
perty in said several counties, cities, incorporated towns 
and townships, and to subscribe the same to the capital 
stock of said corporation, for the purpose oi aiding in the 

intsrett bonds, construction and completion of said raih'oad; and the said 
several counties, cities, incorporated towns and townships, 
as aforesaid, are further authorized to issue bonds, drawing 
interest at a rate not exceeding ten per cent, per annum, 
which said bonds shall be negotiable and payable in the 
city of New York, in not less than one nor more than 
twenty years after the date of the same : Provided, that no ' 
subscription shall be made or no tax shall be levied until 
the same shall be voted for, as hereinafter provided. 

§ 2. Whenever twenty-tive voters of any such county, 
city, towu or township shall make a written application to 
the county clerk of such county, or twenty-five voters of 
any such city, town or township shall make such applica- 
tion to the clerk thereof, requiring an election by the legal 
voters of sucii county, city, town or township, to determine 
whetlier such subscription shall be made, and such tax 
levied, specifying in such application the amount, such 
NotiMof eiec- clcrk shall tile such application in his office, and immedi- 

""»• ately give the notices, as required by law, for an election 

to be held by the legal voters of such county, city or town 
or township, at the usual places for holding elections ; such 
notices to be given at least thirty days prior to such elec- 
tion ; and such election shall be held and conducted in all 
respects and the return thereof made as in case of annual 
elections. 

iMue bonds. § 3. If the majority of the voters voting at such elec- 

tion shall be in iavor of subscription and tax for the pay- 



Sabmltted 
egal voteri. 



EAILBOAD COMPANIES — NEW PJSIVILEGE8. ^91 

ment thereof, then Buch county, city, town or township, by 
its proper corporate authority, shall levy such tax and sub- 
scribe to such corporation the amount determined or voted 
for at such election, and shall issue to said corporation their 
bonds for such amount, drawing interest at a rate not ex- 
ceeding ten per cent, per annum, and payable in not less 
than one nor more than twenty years from the date of the 
same. The eaid bonds, when issued, are to be irrevocable 
and negotiable and payable as provided in section one as 
aforesaid. 

§ 4. If liny county, city, town or township shall sub- Bonds in pay- 
scribe to said capital stock under the provisions of this act, ^riptiona. 
and shall issue their bonds, said bonds shall be in full pay- 
ment of their subscriptions and the supervisors of said 
townships or county court of such county and the corpo- 
rate authority of such city or town shall, annually, ap- 
point soxne suitable person to represent and vote upon the 
stock so subscribed and levied, as aforesaid. 

§ 5. This act shall be in force from and after its passage. 

Approved April 19, 1869. 



AN" ACT to amend an act entitled " An act to incorporate the Galeaburg la force March 
and Rock Island Railroad Company," approved February ISth, 1S51. 26, 18ti9. 

Section 1. JBe it enacted by the People of the State of 
Illinois^ Tejpresented in the General Assembly^ That the Organizatiou. 
persons named in the act to incorporate the Galesburg and 
-Kock Island Eailroad Company, approved February 18th, 
1857, or a majority of them, shall be authorized, at any 
time within two years after the passage of this act, to meet 
and organize as was contemplated in said act ; that such 
directors may till the place of all persons named as direc- 
tors, who shall fail to meet for the purpose of organization, 
or shall decline to act, and that the rights and privileges of 
said company shall not be impaired by lapse of time since 
the passage of said act. 

§ 2. It shall be lawful for the counties of Rock Island, counties may 
Henry, Mercer and Knox, and for the several cities, incor- **'''*^°'^^- 
porated towns, and towns organized under township organ- 
ization law, in said counties, to subscribe to the capital 
stock of said company, in the same manner and with like 
effect as is provided for counties, cities, incorporated towns 
or towns organized under township organization law, to 
subscribe to the capital stock of the Peoria and Rock Island 
Railroad Company, in the act incorporating said Peoria and 
Rock Island Railroad Company, approved March 7th, 



292 KAILKOAD OOMrANIES — NEW PKIVILEaES. 

186Y : Frovided, thirty days' notice shall be given of every 
election. 

§ 3. This act shall be a public act, and shall take 
efiect and be in force from and after its passage. 

ArpROVED March 26, 1869. 



In force Marcli ^^J ^q^ j-q amend an act entitled '"An act to incorporate the Oilman, 
' ■ Clinton and Springfield Railroad Company," approved March 4tb, 18(57. 

Section 1. Be it enacted by the People of the State of 
Illinois^ represented in the General Assembly, That tbe 

Act amended, words "onc hundred thousand dollars," in the tenth line 
from the top, of section 4, of said act, be made to read 
thirty thousand dollars. 

Capital stock. § 2. To further aid in the construction of said railroad, 
by said company, any county, city, incorporated town or 
township in counties acting under township organization 
law, along or near the line of said road, may subscribe to 
the capital stock of said company, not exceeding two 
hundred thousand dollars. 
Submitted to § 3. No such Subscription shall be made until the ques- 

legai voters. ^j^^ j^^g \)QQ\\ Submitted to the legal voters of such county, 
city, incorporated town or township, in which the subscrip- 
tion is proposed to be made ; and the clerk of said county, 
city, incorporated town or township is hereby required, up- 
on the presentation of a petition, signed by at least ten cit- 
izens, who are legal voters and tax-payers of such county, 
city, incorporated town or township for-which he is clerk, 
and in which petition the amount proposed to be subscribed 
shall be stated, to post up notices in at least three public 
places in such count}', city, incorporated town or township, 
which notice shall be posted not less than thirty days be- 
fore the day of holding such election, notifying the legal 
voters of such county, city, incorporated town or township 
to meet at the usual place of holding elections, in such 
county, city, incorporated town or township, or some other 
convenient place named in such notice, for the purpose of 
voting for or against said subscription : Provided, that 
where elections may have already been held and a majority 
of the legal voters of any county, city, incorporated town 
or township were in lavor of a subscription to said railroad, 
then and in that case no other election need be had, and 
the amount so voted for shall be subscribed as in this act 
provided, and such elections are hereby declared to be le- 
gal and valid as though this act had been in force at the 
time thereof and all the provisions hereof bad been com- 
plied with. 



KAILKOAD COMPANIES — NEW PRIVILEGES. 293 

§ 4. If it shall appear that a majority of the legal voters who may take 
of such counties, cities, iiicorporated towns or townships, 
voting at such election, have voted for the subscription, it 
shall be the duty of the county clerk or the chairman of the 
board of supervisors of such county, as tho case may be, 
the mayor and clerk of a city, the president and trustee of 
an incorporated town, or the supervisors in townships, to 
subscribe to the capital stock of said railroad company, in 
the name of such county, city, incorporated town or town- ^ 

ship, the amount so voted to be subscribed, and to receive 
from such company the proper certificate thereof. They Execnto bonds, 
shall, also, execute to such company, in the name of such 
county, city, incorporated town or township, bonds, bear- 
ing interest not to exceed ten per cent., per annum ; which 
bonds shall run for a term of not more than twenty years, 
and the interest on the same shall be made payable annu- 
ally, and which bonds shall be signed by the judge of the 
county court or chairman of the board of supervisors, as 
the case may be, and by the county clerk, attested with his 
official seal and countersigned by the treasurer, by the 
mayor and city clerk of a city, by the president and clerk 
of the board of trustees of an incorporated town, or the 
supervisor and clerk of a township ; and it shall be the du- Eecord orbontis 
ty of the parties so signing said bonds to make a record of 
the issuing of the same. Said bonds shall be delivered to 
the president or clerk of said company, for the use of said 
company ; and when any county, city, incorporated town 
or township shall hereafter vote to make subscription, as 
aforesaid, the county judge or chairman of the board of 
supervisors, as the case may be, president of the board fof 
trustees or supervisor shall be required to subscribe to 
the capital stock of said company the amount so voted 

§ 5. It shall be the duty of the clerk of any such coun- DutyofGierks.- 
ty, city, incorporated town or township in which a vote 
shall be given in favor of subscription, within ten days 
thereafter, to transmit to the clerk of their respective coun- 
ties a transcript or statement of the vote given, and the 
amount so voted to be subscribed and the rate of interest to 
be paid : Provided, that where elections have been held, 
^ as aforesaid, it shall be the duty of the clerks to file with 
g^ the county clerks of their respective counties, within ten 
days after the issuing of said bonds, certificates of the votes 
of their cities, incorporated towns or townships, the amount 
of stock voted to be subscribed, the amount of bonds is- 
sued, and the rate of interest payable thereon. 

§ 6. It shall be the duty of such county clerk, city special tax to 
clerk, clerk of the board of trustees of incorporated towns, ^^i*^™*^- 
or clerk of township, as the case may be, annually after the 
execution and delivery of suchbonds, as aforesaid, to com- 
pute and assess upon all taxable property returned by the 



294 RAILROAD COMPANIES— NEW PRIVILEGES* 

assessor of such county, city, incorporated town or town- 
ship a sum sufficient to pay the interest and costs of collec* 
tion and disbursements upon all bonds so issued by the 
respective counties, cities, incorporated towns and townships; 
which taxes shall be extended on the collector's books as 
other taxes are, and collected in the same manner that oth- 
er taxes are collected, and, when collected, shall be paid to 
the treasurer of the county ; and such county, city, incor- 
porated town or township may, when providing for the 
levying and collecting of other taxes, also assess on the 
property of such county, city, incorporated town or town- 
Rate of taxation ship any rate, not exceeding three per cent, in any one 
3'ear upon the assessment, to provide a fund for the re- 
demption of the principal of such bonds as or when they 
become due. Said tax to be levied and collected as other 
taxes are, and paid to the county treasurer, but no tax shall 
be computed, assessed or collected or any interest paid to 
be applied upon such bonds, unless such bonds have been 
executed and delivered. 
Manner of § '^- -^H clectious had Under or by virtue of this act, 
conductiDg eiec- ghall be taken and held to be sreneral elections, and con- 

tions 

ducted in the manner as provided by the laws of this state 
for general elections ; and all illegal voting, false swearing 
or frauds done or committed shall be governed and pun- 
ished as provided for by the laws of this state in force at 
the time of such election. 
Duties of the § 8. It shall be the duty of the county treasurer to pay 
•ounty treasurer q^jj.^ q,^ (-j^g presentation to him of the bonds issued by any 
such county, city, incorporated town or township, afore- 
said, the amount due upon such bonds for interest, and al- 
so for principal where any tax shall be assessed and col- 
lected to pay principal, out of any money in. his hands for 
that purpose, and indorse such payment of interest or prin- 
cipal upon the bonds; and when such bonds shall be re- 
deemed or paid, he shall receive and cancel the same and 
return the same to the said county clerk or the chairman of 
the board of supervisors of such county, as the case may 
be, to the mayor and clerk of any cit}'-, to the president 
and trustees of any incorporated town, or to the supervisor 
of any township, who shall destroy the same in the 
presence of the said treasurer, who shall make a record of 
tlie said transaction. The collectors and treasurers of 
counties, cities, incorporated towns or townships, which 
stibscribe to the said capital stock, shall receive the same 
per centage for receiving and disbursing such funds as they 
now receive in collecting and disbursing the school fund. 
f„„^ §9. At all elections for officers, and in all questions voted 

Represent ana '^ i i i i l- ■ -i i ^ 

cast vote. on by the stockholders ot said company, the county court or 

chaii man of the board of supervisors of such county, as the 
case may be, the mayor and clerk of any city, the president 
and trustees of any incorporated town or the super visor of any 



RAILROAD COMPANIES — NEW PEIVILEGES. 295 

township, which shall have subscribed to said stock, shall re- 
present and cast the vote which said stock is entitled to cast, 
unless said county, ' city, incorporated town or township 
shall appoint some other person to perform said duty. 

§ 10, This act shall be deemed /i public act, and shall 
be in force and take effect from and after its passage. 

Approved March 10, 1869. 



AN ACT to amend an act entitled "An act to amend an act to incjrporate in force April 
the Oilman, Clinton and Springfield Kailroad Company." 19, 1869. 

Section 1. Be it enacted, hy the People of the State of 
Illinois, represented in the ^General Assembly, That the act conatructionof 
and amendment to which this is an amendment shall be so ^^ ' 
construed as to authorize counties, cities, incorporated 
towns and townships to donate, by a vote of the majority 
of the le^al voters of such county, city, incorporated town 
or township, the amount of stock which said county, city, 
town or township shall subscribe or may have subscribed 
to said railroad company. 

§ 2. That, for the purpose of carrying out the object of submitted to 
this amendment, elections may be held in the same manner ^°^ '»'°ters. 
and by the same authority as by law is now provided for 
the purpose of voting stock to said railroad company ; and 
whenever a majority of the legal voters, voting at any 
election, shall vote to donate the stock subscribed to said 
railroad company, said election having been called or ad- 
vertised in the manner now prescribed by the act and 
amendment to which this is an amendment, then and in 
that case the county court, the chairman of the board of 
supervisors, the mayor and clerk of any city, the president 
and trustees of incorporated towns, and supervisors of 
townships, whenever such vote shall have been cast, shall 
transfer to said railroad company the stock so subscribed by 
them. 

§ 3. This act shall bo deemed a public act^ and shall 
take effect from and after its passage. 

Approved April 19, 1869. 



296 RAILROAD COMPANIES NEW PRIVILEGES. 

in for. c April AN ACT to amend the charter of the Grafton and Alton Eailroad Com- 
9, 1869. pany, approved March 7, 18G7. 

Section 1. Be it enacted hy the People of the State of 

Illinois^ represented in the General Assembly^ That the 

Increase of Grafton and Alton Eailroad Company be and are hereby 

directors. authorized and empowered to increase the number of direc- 

tors, whenever they may deem it advantageous to the inter- 
est of the company, by a majority of the stockholders pres- 
ent at any election of directors voting for the same. 
Increase capi- § 2. The Capital stock of Said company may be increased, 
from timxC to time, at the pleasure of said company ; which 
shall be deemed personal property, and be issued and 
transferred in such manner and upon such conditions as the 
board of directors may direct. 

Preferred slock. § 3. The Said Corporation are hereby authorized to 
make and issue preferred stock, guaranteeing such a rate of 
interest, not exceeding eight per cent, per annum, or with 
such priority over the remaining stock of such corporation, 
in the payment of dividends, as the directors of said corpo- 
ration may determine. 

oeuerai powers § 4. The Said Corporation may construct their road on 
or across any stream of water or water course, road or 
highwa}^, railroad or street, levee or alley, in any city or 
town winch the route of its road shall intersect ; but the 
corporation shall restore the stream or water course, road or 
highway, railroad or street, levee or alley, thus intersected, 
to its former state or in a suiiicient [manner] not to have 
materially impaired its usefulness : Provided^ the said com- 
pany shall not construct its railroad, on or along any street, 
levee or alley in any city or incorporated town, without the 
consent of the corporate authorities of such city or town. 
Whenever the route of said railroad shall intersect any road 
or highway, railroad, street, levee or alley, the said corpo- 
ration shall have power to change the line or grade of same, 
if such change be desirable, and shall not impair their use- 
fulness ; and said corporation may take such additional 
lands or real estate, for the construction of such road, high- 
way, railroad, street, levee or alley, or water course, as may 
Compensation be deemed requisite by said corporation. Unless the lands 
for landiaken.i gQ taken shall be voluntarily given, compensation therefor 
shall be ascertained in the manner as provided by the gen- 
eral laws now in force or which may hereafter be in force 
providing for the condemnation of lands for purposes of 
internal improvement, and duly made by said corporation 
to the owner or persons interested in such lands, the same, 
when so taken, to become part of such intersecting road, 
highway, railroad, street or alley or water course, in such 
manner and by such time as the adjacent parts of the satue 



RAILROAD COMPANIES — NEW PRIVILEGES. 297 

highway, raih'oad, road, street or alley may be held for 
highway or other purposes. 

§ 5. That in all proceedings had or hereafter to be had condemn land 
for right of way or condemnation of real estate, for any pur- fo^is^^toi way 
pose,"to the use of said railroad company, shall proceed in - 
accordance with the general laws now in force or which 
may hereafter be in force providing for the condemnation 
of lands for purposes of internal improvement. 

*$ 6. The said corporation are hereby further authorized May receive 

'^ . , r ,. 1 ,. -f i .1 -i. 1 gifts, etc. 

to receive any subscriptions, donations or gitts to the capital 
stock of said company, either in money, lands, labor, 
materials, cars, locomotives or other articles, personal or 
real, adapted to the construction or operation of said rail- 
road, or any property that, in the opinion of the board of 
directors, may be exchanged or converted to such use ; and 
upon receiving full payment, in manner aforesaid, of any 
such subscription of stock, may issue to such subscriber or 
subscribers certificates of stock therefor. 

§ 7. The several counties in which any part of said rail- .J°^.",t^ .Hi 
road has or may hereaiter be located or that may lie on or stock. 
near the line of said road, and the several townships in said 
counties which have adopted or may hereafter adopt town- 
ship organization, and the cities and incorporated, towns in 
said counties, are hereby authorized to subscribe and take 
stock in said company. 

§ 8. "VVhoiicver a petition shall be presented to the Kequest foran 
county court, signed by fifty legal voters of any such '^1®'^"°°- 
county, setting forth the amount of stock proposed to be 
taken by any such county, and specifying the time for hold- 
ing such an election, the county court may order the clerk 
of such county to give thirty days' notice of the time of 
holding such election, which shall be the same time as that 
specified in such petition ; and whenever a petition shall be 
presented to the supervisor of any such township, or to the 
corporate authorities of any such town or city, signed by 
twenty-five legal voters of any such township, city or town, 
setting forth the amount of stock proposed to be taken by 
any such township, city or town, and specifying the time 
for holding such election, it shall be the duty of the super- 
visor of every such township, and the duty of the corporate Notice of eiee- 
authorities of every such city or town, to give thirty days' ^^^^' 
notice of the time of holding such election in such township, 
city or town, which shall be the same time as that specified 
in such petition ; which said notices shall be given in the 
same manner and such election or elections shall be con- 
ducted in the same mode and at the places provided for 
holding general elections in such counties, townships, cities 
and towns, at which election or elections the qualified voters submitted to 
of the respective counties, township, cities and towns shall issai^o'"^''^- 
vote "For subscription" or "Against subscription ;" and the 
returns of such election or elections shall be made to the 
Yol. III~38 



298 EAILROAD COMPANIES — NEW PRIVILEGES. 

county clerk in the same manner and within the same time, 
and shall be by him opened and declared in the same man- 
ner as for elections held for state and county officers ; and 
if a majority of the votes cast at such election, by voters 
" voting on that subject, shall be "For subscription" it shall 
be the duty of the county court or board of supervisors of 
every county, the supervisor and clerk of such townships, 
and the corporate authorities of such city or town, to sub- 
scribe, without unnecessary delay, upon the request of said 
company, for stock in said company to the amount so voted 
for, and to issue and deliver to said company the same 
amount as the stock so subscribed of the bonds of such 
county, township, city or town, as the case may be, payable 
at any time specified, not exceeding twenty years from 
date, or sooner, at the option of the county, township, city or 
town issuing the same, with interest, by coupons attached 
for the same, at a rate not exceeding ten per cent, per an- 
num, payable annually ; which said bonds and interest ac- 
cruing thereon shall be made payable at such place within 

Repifiratiou. the United States as said company may request: Provided, 
that at any election held under the provisions of this act at 
any other time than the time for holding general elections 
for state or county purposes, it shall not be necessary for the 
several boards of registry to n^ke a new register of the 
several voting precincts, but the register made of the legal 
voters at the last general election held for the election of 
state or county othcers may be used : Provided, that any 
legal voter whose name does not appear on said register 
shall be received and taken in the same manner that un- 
registered legal voters' votes are received at any general 
election. 

May levy tax. | 9^ jt gj^all be the duty of the respective authorities of the 
several counties, townships, cities and towns, which may vote 
such subscription, and they are hereby required to levy and 
collect a suthcient special tax on all the taxable property, both 
real and personal, in such counties, townships, cities and 
towns, to pay the interest annually accruing on such bonds 
[<nd to liquidate the principal of said bonds within the time 
specified in the same for their payment ; and this provis- 
ion shall apply as well to any vote taken by any county, 
township, city or town on the line of said railroad, for tak- 
ing stock in the same previous to the passage of this act, as 
for stock taken under tJie provisions of this act. Said tax 
shall be levied on the assessments made by the assessors of 
their i-espective counties, townships, cities and towns as 
provided by the revenue laws of this state for assessing 
property, and shall bo extended on the collector's books of 
such county, township, city or town, as a special railroad 
tax, and collected by the respective collectors of such coun- 
ties, townships, cities and towns at the same time and in 
the same manner as provided by law for collecting state and 



RAILROAD COMPAJSIES NEW PRIVILEGES. 299 

county tax ; wliich said tax Bball be paid by the respective 
collectors to the county treasurer of tbe county in which 
the tax is collected, deducting therefrom one per cent, only 
for collecting ; and the said county treasurers shall be, Liability of 
respectively, liable on their bonds for the faithful applica- t'^eas^i'^^'''- 
tion of said fax to the payment of the interest and principal 
of the bonds for which said tax was levied and collected to 
pay, and sbali receive therefor, in full compensation, a com- 
mission of one per cent, only for receiving and paying out 
said tax. The corporate authorities of the respective coun- 
ties and townships shall certify to the county clerk of the 
proper county the rate per cent, to be levied for each year 
for such special tax, and the said county clerk shall extend Duties of the 
on the collectors' books for such county or township, as a coanty clerk, 
special railroad tax, at the rate so certiiiedfor each year, in 
the same manner and on all the property on which state 
and county tax is extended, and shall receive the same pay 
therefor as for like services for state and county purposes ; 
and the respective authorities of such cities and tov/ns shall, 
levy and collect such special railroad tax in the same man- 
ner as other tax is levied and collected in and for such 
cities and towns : Frovided., that in case the said authori- 
ties for any such county, townsliips, city or incorporated 
town shall fail to certify to such clerk the rate per cent, to 
be levied for any year before the time required by law for 
said clerk to extend state and county tax or shall certify to 
a less amount than will pay the same, then the said county 
clerk shall extend such tax as will pay the interest and 
principal due for such year on all such bonds so issued by 
the respective counties, townships, cities and incorporated 
tcnvns. 

§10. The Grafton and Alton Railroad Company shall Extend road. 
have full power and authority to extend the railroad au- 
thorized by the act of their incorporation to any point on 
the Mississippi river or to any other line of railroad now 
constructed, under construction, or which may be hereafter 
constructed, and shall retain and possess the same rights 
and powers, subject to the same conditions and restrictions, 
and enjoy all the rights, privileges, franchises and immuni- 
ties, with respect to every part of the said road, as the same 
may be extended, as aforesaid. 

§ 11. It shall be lawful for the directors of the said com- stock subscnp- 
pany to make calls upon the sums subscribed to the capital 
stock of said company at such times and in such amounts Payment of in- 
as they shall deem tit; and in case of a failure on the part ^'^■'"°^^°'^- 
of any stockholder to make the payment of anj' call, made 
as aforesaid, by said directors, for the period of sixty days 
after the same shall have become due, then the said direc- 
tors are hereby authorized to declare said stock in arrears 
and all sums previously paid thereon forfeited to the com- 
pany, or said directors may enforce payment of the whole 



300 



Eights 
privileges. 



RAILROAD COMPANIES — NEW PRIVILEGES. 

amount subscribed by any stockholder by suit, as provided 
by law. 
and § 12. The corporate rights, privileges and franchises of 
said company, as granted, are hereby declared to be in full 
force and effect, and shall be liberally construed for all pur- 
poses sought to be obtained. 

§ 13. This act to take effect and be in force from and 
after its passage. 

Approved April 9, 1869. 



In force March AN AQT relating to the charter of the Grayville and Mattoon Railroad 
2T, 1869. Company. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assernhlij^ That any 
Act revived, 'and all parts and portions of the charter of the Grayville 
and Mattoon Railroad Company, granted by the general 
assembly of this state at its session of 1857, and amended 
at its session of 186Y, that may have become nugatory and 
non-operative, by non-compliance of [with] said charter or 
other cause, be and the same are hereby re-enacted and 
made operative, with full force and efiect ; and all acts of 
the officers of said company, and of those persons who 
have acted in the capacity and assumed the powers of presi- 
dent and directors of said company, since the period of 
January first, in the year one thousand eight hundred and 
Acts legalized, sixty-elght, be and the same are hereby legalized and estab- 
lished as fully as though all the provisions of the original 
charter and the amendments thereto had been strictly fol- 
lowed and complied with — the object being to cure any 
defect that, by oversight, non-action or other cause, may 
have attached to said charter, or the appointment of officers 
of said corporation, or the acts of said oflicer.', since the 
year one thousand eight hundred and sixty-seven, as afore- 
said. 

§ 2. This act to be in full force from and after its pas- 
sage. 

Approved March 27, 1869. 



KAILROAD COMPANIES — NEW PRIVILEGES. 301 



AN ACT to amend an act entitled "An act to incorporate the Hamilton, in force March 
Lacon and Eastern Railroad Company," approved March 1, 1867. •">> l^C'J. 

Section 1. J3e it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That the Extension. 
Hamilton, Lacon and Eastern Kailroad Company is hereby 
antliorized to extend its road to the city of Chicago, and 
may construct a branch from any place on the main line of 
its road, east of the Illinois river, to the state line, at any 
point in Kankakee county. Said company may commence 
the construction of its road at any point or points it may 
be best or convenient to do, and complete and operate any 
part or portion desired. 

§ 2. Said company shall have the power to contract for May possess 
and purchase the real estate, the right of way, the road- ''^'^^ ?^'^''^- 
bed, the embankments, the grading, the depot grounds, 
and any other rights, privileges, easements, franchises and 
other property pertaining [to] and useful for railroad pur- 
poses, from the American Central Railway Company, which 
lies in the counties of Livingston, LaSalle and Marshall, 
and receive the proper conveyance therefor. 

§ 3. Said Hamilton, Lacon and Eastern Railroad Com- Lease or sen 
pany is hereby authorized and empowered to sell and con- "^" °^ ^'^^'" 
vey, to mortgage, to lease for a term of years, or lease 
perpetually, its road, road-bed, tracks and appurtenances, 
or any part or section of the same ; also, its rights of way, 
real estate, grounds, grades, embankments, rights, privi- 
leges, easements, franchises and other property, real and 
personal, pertaining to and useful for railroad purposes, in 
the counties of Livingston, LaSalle and Marshall, to the 
Chicago and Alton Railroad Company. 

§ 4. Said Hamilton, Lacon and Eastern Railroad Com- Preferredeto ck 
pany is hereby authorized to issue and sell preferred stock 
to the amount of two millions of dollars, in shares of one 
hundred dollars each. 

§ 5. All persons holding the bonds of said company, vote of the 
issued for money borrowed or for iron purchased, shall be stockholders. 
entitled to one vote for each one thousand dollars owned, 
at all elections for directors of the company. 

§ 6. Said railroad company shall transport firewood f;f/"t!.ansDS 
and fuel of every description over its railroad, whenever tion. 
the same shall be offered for transportation, at rates as low 
as the rates said company shall charge for the transporta- 
tion of other freights of a similar class. 

§ 7. The right of way for said railroad shall be acquired Right of way. 
in the manner provided by the general laws now in force, 
or which may hereafter be in force, providing for the con- 
demnation of lands for purposes of internal improvements. 

Approved March 5, 1869. 



302 



KAILEOAD OOMPANIBS — NEW, PRITILEGB8. 



In force April AN ACT supplemental to certain acts of the 26th General Assembly, relat- 
17, 1S69. ing to the Hamilton, Lacon and Eastern Railroad Company, and to legal- 

ize the organization of said company, and to confirm the subscriptions to 
the capital stock thereof. 



Capital stock. 



Issue l)ondg. 



Section 1. Be it enacted by the People of the State of 
Illinois^ represented in the Q-eneral Assembly^ That the 
siectionof di- election by the stockholders of directors of the Hamilton, 
'^^°^^' Lacon and Eastern Eailroad Company is hereby legalized 

and confirmed, and the ofiicers chosen by said directors are 
hereby declared to be the legally constituted officers of said 
company until their successors are duly elected. And said 
company shall be held and recognized by all courts and 
tribunals to be a legally constituted and existing body 
politic and corporate. 

§ 2, And be it further enacted^ that the subscriptions 
made to the capital stock of said company by the township 
of Roberts, in Marshall county, for thirty thousand dollars, 
and by the tovrnship of Hopewell, in said county, for fifteen 
thousand dollars, and the several subscriptions heretofore 
severally made by the townships of Reading, Long Point, 
Newton and Suubury, in Livingston county, be each legal- 
ized, and are hereby made valid and binding, according to 
the terms thereof; and the several supervisors of said 
townships shall issue, in due form, the bonds of their re- 
spective townships tor the amount of stock subscribed for, 
according to the terms and conditions of said subscription, 
and shall deliver said bonds to said railroad company. 
And in case of the inability, failure or refusal of such su- 
pervisors, or any of them, to so issue and deliver said bonds 
of their respective tov/nsbips, then Christopher Broaddus 
is hereby appointed for and authorized, o:i the behalf of 
said Roberts township, Enoch Sawyer on behalf of said 
Hopewell township, Orrison Shackelton en behalf of said 
Reading township, Thomas Mills on behalf of said Long 
Point township, 1). Mcintosh on behalf of said Newton 
township, and H. H. Brower on behalf of said Sunbury 
township, to issue and deliver said bonds of said respective 
townships, according to the terms of said subscriptions: 
Provided, that the bonds of the townships in Livingston 
county shall not be issued until said company shall estab- 
lish its road through said county, upon the line located by 
the American [Central] Railway Company, being the same 
line located by the Western Air Lino Railroad Company. 

§ 3. All subscriptions made to the capital stock of said 
company, by persons or by townships, before the election 
of directors, are hereby legalized and confirmed, and made 
valid and binding, under its original charter. 

§ 4. This shall be deemed a public act, and be in force 
from and after its passage. 

Appeoved April 17, 1869. 



Subscriptions 
confirmed. 



RAILEOAD COMPANIES — NEW PRIVILEGES. 303 



AN ACT to amend an act entitled "An act to incorporate the Havana, Lin- in force March 
coin and Champaign Railroad Company," approved Mareh 9, 1867, and 2T, 1809. _ 
change the name of the corporation. 

Section 1. Be it enacted hy the Feople of the State of 
JUinois, represented in the General Assembly, That section Act ameuded. 
first of the act to which this is an amendment be so amended 
that, instead of the corporators therein named, the follow- 
ing persons, to wit: Lyman Lacy and James II. Hale, of Adciitionaiin- 
Havana, Augustus Green and Henry T. Strawn, of Mason <^°'-P°^^tor3. 
City, Robert B. Latham and Silas Beasou, of Lincoln, 
and Thomas Snell, of Clinton, and their successors in 
office, are created a body corporate and politic, as pro- 
vided for in said section ; and that the style and name of 
the said corporation be changed to "The Havana, Mason 
City, Lincoln and Eastern Railway Company ; " and, under 
that name and style, said company shall be vested with all 
the powers provided for in said section one, and granted to 
the company therein named, with the exclusive right to fix 
the rate of fare and tolls to be charged on said road. 

§ 2. That section number two of said act be amended, see. 2 amended. 
by striking out the words "five milHon of dollars," and 
inserting after the words " not exceeding," " any sum 
necessary to carry out the provisions of this charter," 

'§ 3. The corporation hereby created shall have power locate and con- 
to locate, construct, furnish, maintain and operate a rail- 
road, with one or more tracks, commencing at some point 
on the Mississippi river, so as to connect with some road 
in Iowa or Missouri; thence, running eastwardly, to Ha- 
vana, Mason county, Illinois, omitting Ipava, if necessary ; 
thence to Mason City, in Mason county ; thence to Lincoln, ^°"^® °^ '■™^- 
in Logan county, Illinois; thence to Clinton, in DeWitt 
[county ;] thence, eastwardly, to the east line of the state 
of Illinois, so as to make an advantageous and convenient 
connection with some road having connections with Is^ew 
York City, with the privilege of connecting with any road 
east of Clinton, and short of the Gtate line, that, in the 
opinion of a majority of the directors, shall accomplish the 
desired object, and with all the necessary side tracks, turn- 
outs, switches, depots, stations, and all necessary buildings, 
erections and structures ; and, for this purpose, they are Powers 
hereby vested with all the powers necessary for purchasing, 
taking, holding, and selling and transferring property, real, 
personal and mixed, as natural persons, as the board of 
directors may deem necessary to carry out the objects of 
this act. 

§ 4. That section number five of the act to which this sec, 5 amended, 
is an amendment be amended by adding to the end of the 
Baid section this provision : "And the company shall have 
power to construct such collateral branches from the main 



304 KAILROAD OOMPAl^IES — ^NEW PEIVILEGE8. 

line as the directors may deem advantageous to the said 
main line." 
■Request for an § 0. That when it shall be desired to take a vote in any 

eiectioB. countj through which a proposed road runs, or any town 

or municipal corporation, it shall be lawful for the county 
clerk of any such county, and it is hereby made his duty, 
to call an election, upon the petition of two hundred legal 
voters of said county, or, if it is desired that any town or 
municipal corporation ehall take stock, upon the petition of 
thirty legal voters of such town or municipal corporation, 
setting forth the amount proposed to be subscribed, the 
lengtli of time the bonds shall run, and the rate of interest 
they shall draw, and any other condition which may be 
thought necessary for the mutual safety and advantage of 
the county, town or municipal corporation through which 
Notice of eiec- Said road runs, and the said railroad; and within ten days 

**°°' after the reception of any such petition, the said county 

clerk shall give not less than thirty days' notice of said 
election, stating in said notice the proposition, as made in 
said petition, and give notice in the mode which now is or 
hereafter may be provided for by law in cases of elections 
Mannev of vo- of county .officers. The said elections shall be conducted 

during e!ec- in the manner as is now or may be hereafter provided for by 

'^'°°®- law. The tickets may be written or printed, "For sub- 

scription," or "Against subscription," as the case may be; 
and if a majority of the legal voters of any such county, 
town or municipal corporation voting at such election shall 
be cast in favor of subscription, then it shall be deemed 
and held that said county, town or municipal corporation 
has taken the stock in said railroad company, according 
to the proposals made in said petition to said clerk. 
County may § 6. That, when any county shall have subscribed to 

issue bonds. j-j^g capital stock of said railroad company, as provided for 
in section live of this act, said county shall issue its bonds 
to said company, running not longer than twenty years, 
nor drawing to exceed ten per cent, interest, with interest 
payable annually. 
Money expeu- § 7. The moucy realized by or from the bonds of any 

coutiibr.tfng.^'^^ county, or any city, town or municipal corporation thereof, 
becoming a subscriber to the capital stock of said company, 
shall be expended upon the work upon the road in such 
county so subscribing, or in which any such city, town or 
township so subscribing shall be situated, unless there 
should be an overplus, after finishing the work of grading, 
bridging, tieing and ironing said road in such county : then 
such overplus may be expended, generally, on the road of 
said company. 
No forfeit for § 8. The Said company may build any section of said 

non-compeion j,^^^^ qj. Qu^jt; to build any section, as their means may jus- 
tify; and omitting to build any section shall not impair 
their rights under this charter. 



BAILEOAD OOMPAXIES NEW PKITILEGES. ■ S05 

§ 9. The president of the board of supervisors shall i"^e of bonds, 
eigu all couuty bonds, and the county clerk shall counter- signature, 
si^n the same ; and the supervisor shdll sign and the town 
clerk shall countersign all tuwn bonds; and the major or 
presiding officer of any city, town or municipal corporation, 
shall sign, and the clerk of such corporation shall counter- 
sign, all city, town or municipal bonds issued by virtue 
of this charter; and it is hereby made the duty of the 
board of supervisors to levy a sufficient amount of tax, 
yearly, to pay the annual interest on the bonds issued 
by virtue of this charter, and of the county clerk to extend 
the same upon the tax books ; and it shall also be the duty 
of-the constituted authorities of any city, town or other 
municipal corporation to levy a sufficient am')unt of tax to 
pay the annual interest on their bonds; and all such taxes 
shall be collected as other county, city or municipal taxes 
are by law collected ; and when the bonds of any county, 
city or municipal corporation shall become due, it shall be 
the dut}^ of the proper authorities of such county, city or 
other corporation to provide f jr the immediate payment of 
their bonds issued by virtue of this act. 

§ 10. That the proviso in section nine, that the said gef^g^e'^kd"* 
corporation shall not occupy to exceed fifteen feet in width 
along any such street, road or alley, for said railroad, be 
and the same is hereby repealed. 

§ 11. The board of directors provided for in section Board of di- 
eleven of the act to which this is an amendment shall con- 
sist of a number of not less than seven nor more than 
nine ; and the persons named in the first section of this act 
shall be the first directors of said corporation, and shall, 
respectively, hold their office until their successors are 
elected : Provided^ that three directors shall be elected 
each year. 

§ 12. All parts of the act to which this is an amend- confliconsacts 
ment, inconsistent with this act, are hereby repealed, and ''^p®^^'^- 
this act shall be so construed that it shall not be necessary 
to make any points for said road not named herein. 

§ 13. That, when any real estate or other property shall Damaje*. 
be condemned by virtue of the provisions of section four 
uf the act to which this is an amendment, the commission- 
ers shall take into account, in estimating the damages to 
the person whose property is condemned, the advantages 
as well as the disadvantages to the persons so atiected. 

§ 14. This act shall be a public act. and be in force from 
and after its passage. 

Approved March 27, 1869. 



Vol. 111—30 



306 BAILEOAD COMPANIES NEW PEIVILEGE8. 



In force March AN ACT to legalize the lease by the Illinois Central Ra'lroad Company of 
12, 1809. the Dubuque and Sioux City Railroad Company. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
Lease of road, running arrangements, contract or lease made and entered 
Boiling stock, into on the thirteenth day of September. A.D, 1867, by 
the Illinois Central Kailroad Coujpany with the Dnbiique 
and Sioux City Railroad Company, of the state of Iowa, 
for the lease of the railway, rolling stock, etc., of the said 
Dubuque and Sioux City Railroad Company, to the said 
Illinois Central Railroad Company, is hereby le^ralized. 

§ 2. This act to be in force from and alter its passage. 

Appkoved March 12, 1869. 



In force April AN ACT to amend an act entitled "An act to incorpoiate the Illinois Far- 
'^^i'^'^^'^- meis' Railroad Company." 

Section 1. Be it enacted by the People of the State of 
Illinois^ represented in the General Assembly, That the 

Act amended, act entitled "An act to incorporate the Illinois Farrciers' 
R-iilroad Company," approved February L'8, 1867, be 
amended, as follows : Instead of commencing at and run- 
ning ''from the town of Virginia, in Cass county," as 
provided in the second section of the act to which this is 

Route of road, an amendment, said road shall commence at and run from 
the city of Jacksonville, and run by the most eligible route, 
to the town of Du Quoin, in Perry county; and that sec- 
tion twenty-live of said act be so amended as to read ''Jack- 
sonville " instead ot " Virginia," and that the second section 
of said act be amended further by striking out "ChesteitiHld" 
as one ot the points of said road and inserting '"Carlinville." 
Towns and § 2. It shall be lawful for the corporate autiiorities of 

rtock °^'*^ '"'^'^ the towns, townships, cities and counties through which 
said road shall pass, to take stock in the said ct>mpany ; and 
shall also be en:powered to niake assessments, levy taxes 
and ctillect the same in the manner in which the said seve- 
ral towns, townships, cities and counties assess and collect 
taxes, for the purpose of paying the said assessments on 
the subscriptions to the said sto;'k or the interest accruing 
thereon, and the said towns, townships, cities and counties 

Issue bonds. ,,,.^y jy^i^e bonds bearing interest, at any point they may 

designate, either within or without the state of Illinois, at a 

rate not exceeding ten percent, per annum, payable anjui- 

submitted to ally or scmi annually, as they may elect : Provided, that the 

ega vo eis. ^^^^ tovvnships, cities or towns shall not subscribe to the stock 
of tlie said company, without submitting the said proposed 
subscription to a vote of the legal voters of their respective 



RAILROAD COMPANIES — NEW PRIVILEGES. 307 

towns, townships, or cities, thirty days' notice of which 
shall be given, elec ions held and returns made as i)r.»vi(led 
by the general election laws of this state: And ., provided, 
further, that no such bonds bhall issuer, nnr shall any inter- 
est be payable thereon or accrue, until said road is comple- 
ted through the said town, township, city or county: 'And, 
provided, further, that ttie subscriptions on the part of the 
said counties shall not be for a sura exceeding two thousand 
dollars per mile of the line of the said road in the said 
counties. 

§ 3. In counties not under township organization it school tmsteea 
shall be lawful for the trustees of schools to make subserip- gcriptionl ^^^ 
tions for their respective townships, and issue bonds as 
provided in the preceding section ; and fjr the purpose of 
paying the said subscriptions or bonds, or the interest 
thereon, shall levy a tax, not exceeding the rate of one par 
cent, per annum, upon the taxable property of their respec- 
tive townships, and shall, through their treasurer, certify 
the said assessment to the clerk of the county court of 
their respective counties, and it shall be the duty of the 
said clerk of the county court to carry out the tax so assessed 
upon the collector's book ; and the amount so raised by tax- 
ation shall remain in the hands of the treasurer of the pro- 
per county, and shall be employed by him in paying, first, 
the interest due on the said bends, and then the principal, if 
any funds shall remain in his hands, and fur no other purpose. 

§ 4. In ad lition to the corporators named in the said Additional cor- 
act, Thaddeus D. Loomis and Thomas Joiner of Macoupin, p**'*^'"^*- 
and William Bruen and James Epler of Morgan county, 
shall be associated with the said corporators, with all the 
rights, privileges and powers of the persons named therein. 

§ 0. All portions of the said act as are inconsistent Conflicting acta 
with this amendment are hereby repealed ; and this shall ''^P'^^^^^- 
be taken and deemed a public act, and shall be in force 
from and after its passage. 

In FORGE April 15, 1569. 

Thi-- hill havinLT been returned hy the governor with objections thereto, and after 
recoll^idl■ratil)n havi g passed both houses by a constitutional major. ty, ii has become 
a law this twentieth day of April, A. 1). 1869. EDWARD RUMMEL, 

Secretaay of State. 



AN ACT to amend an act entitled "An act to incorporate the Illinois Tn force March 
Grand Trunk Railway." 25, 18b9. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assemhly, That any capital stock 
city, incorpurated town or township, which may be situated ^^ **-"? ^""• 
on or near the route of the Illinois Grand Trunk Railway, 
west of the city of Mendota, via Frophetstown, to the Mis- 



508 KAILEOAD COMPANIES — NEW PEIVILEGES. 

Bissippi river, may become subscribers to the stock of said 
railway, and may issue bonds tor the amount of such stock 
so subscribed, with coupons for interest thereto attached, 
under such limitations and restrictions and on such condi- 
tions as they may choose and the directors of said company 
may approve — the proposition for said subscription having 
been first submitted to the inhabitants of such city, town or 

■^afvoter^s^ *° township and approved by them ; and upon applicatiou of 
any ten voters of any city, town or township, as aforesaid, 
specifying the amount to be subscribed and the conditions 
ot said subscriptions, it shall be the duty of the clerk of 
such city, town or township, immediately, to call an election 
in the same manner that other elections for said city, town 
or township are called, for the purpose of determining 
whether said city, town or township will subscribe to the 
stock of said railway; and if a majority of said voters shall 
be for subscription, then the corporate authorities of 
said city, town or township, and the supervisor and town 
clerk of said township, so voting, shall cause said subscrip- 
tion to be made, and upon its acceptance by the directors of 
said company shall cause bonds to be issued, in conformity 
with said vote ; which bonds shall not be of less denomina- 
tiou than one hundred dollars, and in no case bear a higher 
rate of interest than ten per cent : Providing^ no such elec- 
tion shall be held until at least thirty days' previous notice 
thereof shall be given in the manner prescribed bylaw. 
Issue of bonds § 2. It shall be the duty of the proper authorities of any 

Levy tax to city. town or township, issuing bonds, as aforesaid, to make 
pay iuterest. ^M nocessary arrangements, and provide for the prompt 
payment of all interest and other liabilities accruing there- 
on ; and to levy such taxes as may be necessary therefor, 
as other taxes are levied by them, 
constraction of § 3. This act fcliali be liberally construed for the pnr- 
*'^'' poses intended and expressed therein, and shall be held to 

be a public act, and shall be in force from and after its 
passage. 

Appkoved March 25, 18G9. 



lu forre Feb. 24, AN ACT to amend an act ei'titled " An act to incorporate the Illinois 
• Southeastern Railway Company." 

Section 1. Be it enacted hy the People of the State of 
Illinois, represoited in the General Assembly, That the 
Powers and corporation heretofoi'o organized and known as " The 
Illinois Southeastern Railway Oom])any," by virtue of an 
act, apnrovod Fel)ruary 25, lSii7, tsli.ill have all the i>o\vers, 
rights, privileges and iniujuuities which liave been hereto- 



KAILEOAD COMPANIES — ^NEW PRIVILEGES. 309 

fore granted, and such other powers, rights privileges and 
immunities as are hereinafter provided lor; and all sub- 
scriptions to the capital stock, or donations, or gifts to said 
railway company, whether made by individuals, townships 
counties or corporations, shall be and are by this act legal- 
ized ; and the said company is hereby empowered and au- 
thorized to collect and use the same upon the conditions as 
•donated and subsciibed. 

§ 2. Whereas doubts exist as to the power and authority Actsofcorpo- 
■of the persons named in the first section of the act to '^^"°'^ egaize 
which this is an amendment, to associate other persons 
with them by vote or otherwise than by subscriptions to 
the capital stock of said company or to increase the num- 
ber of the directors, in pursuance of the fourth section of 
said act, or to elect a board of directors to succeed the first 
board appointed in and by said fourth section, he it further 
enacted^ that, the acts of said persons, so named in said 
first section of said act, and of any board of directors 
elected by them, and their associates, admitted as members 
of said company by vote or otherwise, done in furtherance 
of the general purpose and design of said act, at any time 
prior to the election of a board of directors by the stock- 
holders in said company, and of their qualifications as such 
directors, shall be held to be legal and valid acts of said 
■company, as fully as if the sauie had been done by direct- 
ors duly elected by stockholders. 

§ 3. And whereas, doubts exist as to the time when Payment with- 
the interest upon the bonds to be issued and delivered to tionroad°etc!^" 
said company, under the provision of section seven (7) of 
said act, is to begin to run, and as to when said bonds are 
iinally to become due and payable to any holder thereof; 
now, therefore, he it further enacted, that the true intent 
and meaning of said section is, and it is hereby so declared 
to be, that said bonds, so to be issued, shall not be deliver- 
ed to said company nor become binding obligations of the 
several counties issuing the same, nor shall interest be 
payable thereon until the said company shail have comple- 
ted or caused to be completed so much of the line of said 
road as may be within the county so donating, or when 
some certain specitied section or part of the road shall 
have been finished, as may be agreed upon between said 
company and the county court, or board of supervisors, as 
the case may be, of the county making the donation; 
then, and in all such cases, an amount or" such bonds may be 
issued, proportioned to the length of such completed sec- 
tion or sections, and the county courts or boards of super- 
visors of said counties, respectively, may make and issue 
•8uch bonds, payable to the directors of said company, or 
bearer, or otherwise, so as to make them negotial)ie by de- 
livery, having such time to rnn and bearing such rate of 
interest, not exceeding ten per cent,, per annum, payable 



310 KAILKOAD COMPANIES —NEW PRIVILEGES. 

annually or semi-aniiuallj, in or out of the state, as may be 
agreed on by them and said railway company, and con- 
formable to the terms upon which said donations were or 
may be, respectivtly, voted for in said counties — the inter- 
est to be payable to bearer, according to interest coupons 
attached to said bonds. 
Bond placed in § 4.^ Whenever said railway company shall so demand, 

hands of trustee , " 1 i r • 1 

the county courfs or boards oi supervisors, as the case may 
be, of said counties, respectively, and the proper authori- 
ties of the several townships shall cause the bonds so pro- 
vided for, witli interest coupons a'tached, to be prepared 
and executed and placed in the hands of a trustee, to be 
agreed upon by said county courts or boards of supervis- 
ors, who shall deliver said bonds to said railway C(Knpany 
or its assigns, when and as the conditions upon which said 
donations were respectively voted for shall be fulfilled ; and 
the coupons for all interest past due at the time when said 
company becomes entitled to such bonds shall be detached 
and canceled by said trustee, and the interest for the cur- 
rent half year or year so arranged as that said counties 
shall only pay interest on said bonds from the date at which 
said railway company were entitled to receive the same. 
Townships to § 5. And whcrcas, certain townships in Wayne and 

ssiie bonds. Clay couutics have voted donations to said railway com- 
pany, said townships are hereby authorized and empowered 
to issue township bonds for the amount so donated, without 
submitting the proposition again to be voted upon — said 
bonds to be issued in sums not less than one hundred nor 
more than one thousand dollars each, with interest coupons 
attached, drawing interest at the rate of ten per cent., per 
annum, payable semi-annually at the county treasurer's of- 
fice, in eacii county where such townships are located — said 
bonds to be payable in five jears or any time thereafter, 
not exceeding twenty years, at the option of the townships; 
and said bonds to be signed by the supervisors thereof or 
by the supervisor or supervisors of the district wherein such 
township is located, and to be countersigned by the township 
Supervisors to clerkol" the respective townehi))s ; and said bonds to be deliv- 

Bi;;n bonds. ered, properly executed, to the president of said railway 
Company, when the conditions are complied with as con- 
tained in election notices and propositions submitted to and 
Tax to iiay in- vo*^ed upoii by the people of said townships; and said 

^^^^'" . town.-hips shall each, by its proper corporate authorities, 

provide, in due time, by a levy and collection each year of 
a sutficient tax on its assessL'd property to pay the interest 
on its bonds, as it acciues half yearly, as aforesaid, and ul- 
timately to provide for the principal of said bonds at ma- 
turity : J^rovidecl, thar said bond;^ shall be [placed in the 
haiid.-i of a trustee, on the demand of ^aid railway compa- 
ny, as lu'reinafter provided : And, also, p/ov/di.d, that such 
townships may determine, by a vote of their electors, at 



EAILKOAD COMPANIES — NEW PKIVILEGE8. 311 

any'rec^nlar or special town meeting or election, whether 
tbev will issue bonds or not in payment of the donations 
heretolbre voted to paid company. 

§ 6. Be it further enacted, that all contracts made by Transfer sto.k 
towns, cities and counties, into, through or near which the *" company. 
Illinois Southeastern Railway shall run, whereby, as an in- 
ducement for the construction of said railway, such towns, 
cities or counties agreed, upon the completion of certain 
portioris of said railway, to sell said company, at a nom- 
inal price, the stock of said company, for which said towns, 
cities or counties, by a vote of their electors, had thereto- 
fore subscribed and agreed to issue bonds in payment 
thereof, thereby, in tffect, agreeing to make a donation to 
said company certain amounts of the bonds of such towns, 
cities or counties, as an inducement for the construction of 
said railway, are hereby declared to be valid and binding 
upon such towns, cities and counties, and shall be carried 
into effect, in good faith, by the same ; and all orders for 
and notices of elections, and elections and returns of such 
elections in respect to such subscriptions of stock to said 
company in any such towns, cities and counties, are hereby 
declared valid and bindmg upon such towns, cities and 
counties. 

§ 7. That the said Illinois Southeastern Railway Com- Mayunitewith 
pany shall have power and the right to connect with the ° ^"'''^ ^' 
Chicago Branch of the Illinois Central Railroad at any 
point, "not north of the city of Effingham, and may continue 
its railway in a northwestwardly direction, to any point on 
the Mississippi river, not north of Rock Island and not 
south of Quincy, and to build branch roads, not to exceed 
thirty miles in length, with one or more tracks, to any 
towns or places in the several counties through which said 
road may pass ; and towns and places in adjoining counties 
to those through which the main tiunk runs, and continue 
such branches, if desired, to connect with other lines of 
railroads ; and such extension of main trunk and branches 
to have all the powers, riglits and privileges as have been 
heretofore granted by the act of incorporation of this com- 
pany or by this act : Provided^ that said company shall not 
C(.n>truct any such branch road until the main line of s id 
road shall be completed from the Ohio river to some point 
on the Chicago Branch of the Illinois Central Railroad. 
Said company shall have power to unite, connect or con- 
solidate its railroads with any other continuous line of rail- 
road constructed, or in course of construction, or which 
may hereatrer be constructed in this state, upon such terms 
as may be agreed upon between the companies so uniting, 
connecting or consolidating, and, for that purpose, full 
power is hereby given to said company to make and exe- 
cute such contiacis with any otlier company as will secure 
the objects of such connection or consolidation ; and the 



312 KAILKOAD COMPANIES- — NEW PEIVILEGES. 

said company may, furthermore, lease, purchase or receive 
as a donation any other road or part of road, either wholly 
or partially coustrncted, which may constitute or be adopt- 
ed as part of its main line or branches, and by such lease,, 
purchase or donation, it shall acquire and become vested, 
with all the rights and franchises pertaining to such road: 
or part of road so leased, purchased or donated, in the right 
of way, donations, constructions, maintenance and working 
thereof : Provided^ that such consolidations shall be sub- 
ject to the general railroad law of 1849. 

Telegraph lines. " | g_ rj^^^ g^^j^ Company shall have the right to construct, 
a line or lines of telegraph along its railway and branches,, 
and to maintain and operate the same, and shall have all. 
the powers and privileges and be subject to all the liabili- 
ties prescribed by an act in relation to telegraphs, enacted 
by the state of Illinois and approved February 9, 1819, and 
any act or acts amendatory thereof or supplemental thereto. 

Right of way. g 9. Jt shall be lawful for the incorporate authorities of 
any incorporate city or village, through which said railway 
shall be located, to donate or lease to said railway company, 
as a right of way, the right to lay a single or double track 
through said city or incorporated village, or any portion 
of the same, or any street or highway that the said railway 
company shall select for that purpose; said lease or per- 
mit to be unchangeable and perpetual, except at the option 
of the said railway company and corporate authorities of 
such towns or cities. 

§ 10. That any village, city, county or township organ- 

ciuifs^may take '^®^ Under the township organization law or any other law 

etock. of this state, along or near the route of said railway or its 

branches or that are in any wise interested therein, may, 
in their corporate cajDacity, subscribe to the stock of said 
company or make donations to said company, to aid in cou- 
fetrnctiiig and equipping said railway : Fi'ovided^ that no 
such subscriptions or donations shall be made until the same 
shall be voted for, as hereinafter provided. That whenever 
twenty legal voters of any such city, village, 'county or town- 
ship shall jiresent to the clerk thereof a written application, 
requesting that an election shall be held to determine wheth- 
er such village, city, county or townbhip shall subscribe to 
the capital stock of said company or make a donation there- 
to, to aid in building or equipping said railway, stating 
the amount, and whether to be subscribed or donated 
and the rate of interest and times of pn^^nent of the bonds to 
be issued in payment thereof, such clerk shall receive and 
Notice of Hie such application, and shall immediately proceed to post 
■^vritten or printed notices, calling an election to be held by 
the legal voters of such village, city, county or townehip, 
which notice shall be posted in ten of the most iniblic 
j)laces of 8udi village, city, county or townshij), for thirty 
days preceding au election ; and said notices shall state fully 



election. 



KAILKOAD COMPANIES — KEW PBIVILEQES. 6 16 

the objects of such election ; and such election shall be held Mode anamau- 
and conducted and returns thereof made as general elec- '^'^'^ ° 
tions provided by law in this state and as provided by the 
charters of any such village or city : Provided, that at any 
election held under the provisions of this act it shall not be 
necessary to cause a registration of the voters of such vil- 
lages, cities,' counties or townships ; and if a majority of 
the votes cast at such election shall be in favor of such sub- 
scription or donation, then the corporate authorities of such 
village, city, county or township organized under the town- 
ship organization laws of this state, the supervisors of such superyisormay 
township shall subscribe to the capital stuck of said com- '*"^s<="'^- ^^o<=^- 
pany or donate thereto, as shall have been determined at 
such election, the amount so voted at such election, and 
shall issue the bonds, with interest coupons attached, of 
such village, city, county or township to said railway com- 
pany, in such denominations as said railway company may 
designate — said bonds drawing interest at a rate not ex- 
ceeding ten per cent., per annum, and the interest on said 
bonds to be paid semi annually, and said bonds to be paid 
in twenty years from the date of their issue, with the privi- 
lege reserved to the said villages, cities, counties or town- 
ships of paying said bonds at any time after five years from 
the date of their issue ; and said bonds to be signed, in 
case of a village by the chairman of the board of trustees Bonds executed 
thereof, in case of a city by the mayor thereof, in case of a 
county by the county judge or the chairman of the board 
of supervisors thereof, and in case of a township by the 
supervisor thereof ; and, in all cases, to be countersigned 
by the clerk of said village, city, county or township. And pay^utcres^t! '"" 
any such village, city, county or township subscribing or 
making donation to such railway, as aforesaid, shall by its 
proper corporate authorities, annually thereafter, levy and 
collect a sufficient tax on its assessed property to pay the 
interest on its bonds issued as aforesaid as the interest be- 
comes due, and provide in due time to pay the principal at 
maturity. 

§ 11. Whenever the bonds issued by any village, city, ^^^^^^^ °^ ^^^ 
county or township, in pursuance of this act, shall not be '^^'^ ' 
promptly paid at the time they fall due or the interest there- 
on shall not be paid promptly when due, the clerk of such vil- 
lage, city, county or township, on the application, in writ- 
ing, of any creditor to whom such arrears of interest or 
principal shall be due, shall assess the full amount of such 
interest and principal, so due from such village, citj, county 
or township, and place the same upon the proper tax lists, 
to be collected with the other taxes of such village, city, 
county or township : Provided, that not more than three 
per cent, of taxes on the assessed valuation shall be levied 
in any one year. 

Yol.111— 40 



814 KAILKOAD COMPANIES — NEW PRIVILEGES. 

Evidence of § 12. That when payment of subscription to the capital 

**°"^*' stock of said company or payments for donations to said 

company have been or shall be made by villages, cities, 
coun'ies or townships, in bonds of sneh villages, cities,. 
counties or townships, under any act authoriziog sucli sub- 
scription or donation to be made, all such bonds issued or 
negotiated by the proper authorities of such villages, cities, 
counties or townships, and appearing regular on the face 
thereof, shall, in the hands of said company or any other 
Bona fide holder thereof, be deemed and taken, in all courts 
and elsewhere, as prima facie evidence of the regularit}^ of 
everything required by the several acts in relation to the 
issuing of said bonds or by any other act to be done pre- 
liminary to the issuing and negotiation of said bonds. 
coBdjtion of § 13. Whereas, in section seven, of the act to which this is 

pa>menti)OB ij. ^^ amendment, it was provided that any bonds in payment 
of any donations made by counties to said railway company 
that each of said bonds should declare upon its face the 
conditions upon which it should become due ; and whereas,, 
the election notices heretofore issued by the proper authori- 
ties of any such counties making donations to said railway 
company, as well as the act to which this act is an amend- 
ment, contains certain conditions required to be fulfilled by 
said railway company before the bonds of such county 
should become due and payable and M^'liich conditions were 
by such notices, as well as by the act to wliich this act is an 
amendment, required to be inserted in the face of such 
bonds to be issued by such counties; therefore, he it further 
enacted^ that upon a full and complete performance by said 
company of all the conditions npon which said bonds were 
tu become binding obligations of the counties issuing the 
same, it shall be the duty of the county court or the board 
of supervisors, where such county is under township or- 
ganization, of the respective counties making such dona- 
tions, to enter an order upon their records, at a regular or 
special term of their court, directing the clerk of such court 
to certify, over his official seal, upon the back of each of 

Cortiflcat*. gaid bouds so issued, in language as follows, viz : "All of 
the conditions npon which this bond was to become a bind- 
ing obligation of the county of have been complied 

with." 

Bonds may he ^ 14. That the holdcrs of twcntv thousaud dollars, or 

filed with uudi- "^ . -« .i i j y a. -i • „ ^j • 

tor. upwards, ol the bouds of any county or city, issued in 

pursuance of this act or the act to which this is an amend- 
ment, may, at any time, lile the same with the auditor of 
public accounts, for registration and for collection and pay- 
ment of into est and principal; and all the provisions of 
"An act relating to county and city debts and to provide 
for the pjiyment thereof by taxation in such counties and 
cities," approved February 18, 1S85, so far as the same 
relates to registration, collection and payment of interest, 



RAILROAD COMf'ANifiS — KEW PRIVILEGES. 



§16 



according to the tenor of said bonds, shall be in force and . 
be applied lor the benefit of all such bonds, so registered, 
and whenever the proper county or city authorities shall 
provide for payment of principal of such bonds the amount 
annually to be raised for that purpose shall be certified by 
the pro])er authorities of such county or city to the anditor 
of public accounts, and the provisions of said act shall ap- 
ply to the colle'ition and payment of the principal of said 
bonds, as so provided by said county or city authorities. 
Nothing in this section shall be constructed to change the 
rate of interest or payment of principal of said bonds, as 
provided on their face, or in anywise to impair the rights 
of the holder of said bonds to collect either interest or 
principal, in case of any default in payment of the same. 

§ 15, The board of directors of said company, after ^l^^^^^'^ *^ 
said railway is completed from the Ohio river to the Illi- 
iiois Central Railroad, may consist of not less than five nor 
more than thirteen, and the number may be changed at 
any reguUir meeting of the stockholders, and a majority of 
the board of the directors shall constitute a quorum for the 
transaction of business ; and said directors may open books 
for the subscription of stock at such time and under such 
regulations as they may determine. 

§ 10. This act shall be deemed a public act, and shall 
be in force from and after its passage. 

Ai'PBOYED February 2i, 1869. 



AN ACT supplemental to an act entitled "An act to amend an act to in- InforceFeb.ai, 
corporate the Illinois Southeastern Railway Company," passed at the ^ 

present session of the general assembly. 

Section 1. Be it enacted hy the People of the State of 
Illinois, rejyresented in the General Assemblj, That section i««.iir9jp*ja»* 
numbered eleven (11), of the act to which this is a supple- 
ment, be and the same is hereby repealed. 

§ 2. This act to take eflect and be in force from and 
after its passage. 

Approved February 24, 1869. 



316 KAtLROAD OOMPANiES — NEW PRlVILEGEg. 



In force March. AN ACT relating to the Indianapolis and St, Louis Eailroad Company, 
11, 1869. and to authorize extension of said railroad. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That tlie 

Lease of road, lease of the St. Louis, Alton and Terre Haute Eailroad 
Company, and the property and road thereof, to the Indi- 
anapolis and St. Louis Eailroad Company, under which the 
railroad extendino; from Terre Haute, in the state of Indi- 
ana, to East St. Louis, in the state of Illinois, is now ope- 
rated, be and [stand confirmed, according to the terms of 
said lease : Provided, hoioever, that nothiog in this act 
shall be construed to release the said lessors from any debt, 
cause of action or contract now existing against them. 

Newcorporation | 2. The Said lessees, their associates, successors and 
assigns, shall be a railroad corporation, in this state, nnder 

Name and style, the Said Style of '' The Indianapolis and St. Louis Eailroad 
Company," and shall possess the same or as large powers 
as are possessed by said lessor corporation, and such other 
powers as are usual to railroad corporations. Said Indian- 
apolis and St, Louis Eailroad Company may and are here- 
by authorized to extend said line of road from any point 
on the same, between the cities of Fana and Litchtield, on 
said road, or from either of said points westward to the 
Mississippi river, opposite Louisiana or any point below, 
not exceeding fifteen (15) miles, in the state of Missouri, 
with a branch thereof to the city of Quincy, in the state of 
Illinois, and the same to connect with the railroad bridge 
over said river, at said city of Quincy. 

§ 3. This act to take eflect and be in force from and 
after its passage. 

Approved March 10, 1869. 



In force March AN ACT to amend an act entitled "An act to incorporate the La Salic 
2'J, 18C9. and Lafayette Railroad Company," approved February loth, 1855, and 

the act amendatory thereof, approved February 21, 1859. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That David 
Additionaiin- Strawn, Joel "W. Hopkins. Elmer Baldwin, William Strawn, 
corporators. Williamson Durley, and Wm. Allen, be and they are here- 
by constituted and appointed additional incorporators, with 
equal rights, powers and privileges with those named in 
the act hereby amended. 
May extend § 2. The Said coinpauy is authorized and empowered to 
™*'^- extend its railroad from the terminus named in the act to 

which this is an amendment, or to construct a branch from 



JtAtLROAD C0MPANIE8-=-NEW PKIVILEGllS. 31 7 

any point on the line thereof, west of the Chicago and 
Alton Railroad, in the county of Livingston, to or near the 
city of Muscatine, in the state of Iowa, crossing the Illinois 
river, in the county of Putnam ; and, for this purpose, it 
is invested with all the rights, powers, privileges and fran- 
chises granted or intended to be granted by the act hereby 
amended. 

§ 3. Said company may commence the construction of r^Y ^°T™^aDy 
its railroad at any point or points on the line thereof, and point, 
may complete and operate any part or parts thereof, to be 
determined by the board of directors, and may lease or sell 
the whole or any part thereof to, or unite its road with any 
railroad now constructed or which may hereafter be con- 
structed in this state, the state of Iowa or the state of In- 
diana, which its railroad may cross or intersect, and it 
may lease or purchase any such intersecting railroad 
on such terms as may be mutually agreed upon be- 
tween the companies so leasing, selling, uniting or pur- 
chasing, 

§ 4. x\.ny city, incorporated town or township, in any Towns and 
county through or near which the said company's railroad gjoc^.'"^^ "^""^^ 
may be located, is hereby authorized to subscribe to the 
capital stock of said company to any amount not exceeding 
one hundred thousand dollars, the same to be approved, 
the subscription made, the bonds issued, the taxes assess- 
ed and collected, and all matters connected therewith done 
in pursuance of and in conformity with the provisions of 
the act amendatory of the act hereby amended, except as 
hereinafter provided. 

§ 5, The notices for elections in cities and incorporated Notices of eiee- 
towns shall be signed by the clerk of such cities or incor- *'°°" 
porated towns, and such notice shall be given only upon 
request of not less than twenty-five of the legal voters of 
any such city or incorporated town, and shall be published 
in any newspaper published in any such city or incorpora- 
ted town, at least thirty days prior to such election, or 
written or printed notices thereof may be posted in five or 
more public places in any such city or incorporated town, 
at least thirty days before the time of holding any such 
election ; and in all cases where the clerk of any township 
shall neglect or refuse to post notices in any township, then 
the same may be done as in cases of cities or incorporated 
towns, and shall have the same force and effect as if posted 
by the clerk. 

§ 6, The railroad of said company, with its grounds. Railroad prop. 
tracks, buildings, rolling stock and other property shall be ^'^y*"^'^'^'^'"* 
assessed and taxed in the same proportion as other proper- 
ty in the counties, townships, cities and incorporated towns 
in or through which it may be located; and all taxes levied 
upon said road, except for state purposes, shall be paid by 
the said company to the treasurers of the several counties 



318 KAILROAD COMPANIES — NEW PKIVILEGES. 

through which its road may run, and shall be set apart 
and applied to the payment of the interest and principal of 
the bonds issued by the townships, cities and incorporated 
towns, in proportion to the amounts by them severally sub- 
scribed. 
Conflicting g 7. All parts and provisions of the act hereby amended 
and of the act amendatory of the same, not inconsistent 
with the provisions of this act, are continued in full force 
and virtue, and shall apply alike to all parts of the railroad 
of said company, throughout the entire length thereof. 

§ 8. This act shall take effect and be in force from and 
after its passage. 

Approved March 29, 1869. 



acta repealed. 



In force March AN ACT to change the name and amend the charter cf the Madison 
29, 1869. County Railroad Company, approved February 15th, 1865. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That the 
Name changed, name of the Said Madison County Railroad Company is here- 
by changed to the ''Chicago, Edwardsville and Southern 
Railroad Company ;" and by the lattter name it shall be 
known and called in all places whatsoever. 
Extend read. § 2. The Said Company shall have the power to extend 
their said road, from its terminus, in the town of Edwards- 
ville, in a southerly direction, and to run within at least 
one quarter of a mile of the corporate limits of the town of 
Troy, in Madison county, to the town of Mascoutah. in 
Saint Clair county, and to Cairo and Paducah, and for that 
purpose, said company shall have and exercise all the pow- 
ers and rights and be subject to all the duties and liabilities 
contained in the charter hereby proposed to be amended. 

§ 3. This act shall take effect and be in force from and 
after its passage. 

Approved March 29, 1869. 



In force March AN ACT to amend an act entitled "An act to incorporate the McLean 
27, 1869. County Central Branch Railroad," approved February 22, 1861. 

Section 1. Be it enacted hy the People of the State of 

Illinois, represented in the General Assembly, That section 

8e4. 1 amcHded. tirst of an act entitled 'An act to incorporate the McLean 

County Central Branch Railroad Company," approved 

February 22, 1861, be and the same is hereby amended ai 



KAILROAD COMPANIBS — NEW PRIVILHGE8. 819 

follows: That after the names of "Wm. H. Cheney, L. IST. Additional m- 
Bishop, Henry Barnlionse, and James Mix, in the fourth '^°-p°'«*°'^^- 
line of said section, the names of "William H. Sorners, S, D. 
Baker, Henry Conkling, L. A. Crambau^h, shall be added 
thereto; also, in the same section, comiiienciu^ on the six- 
teenth line, it shall read as follows : ''And said company 
are hereby authorized and empowered to locate, construct 
and finally complete a railroad, commencing at any point 
on the Illinois Central Railroad, between the town of Hay- 
worth, in McLean county, and the town of Clinton, in 
DeWitt county, Illinois, running thence, from said point 
of location in a north-easterly direction, through the town 
of Le Roy, in McLean county, thence, on the most practi- 
cable route to any point on the Illinois Central Branch 
Railroad, between the town of Gilmau, in Iroquois county, 
and the town of Paxton, in Ford county, Illinois." 

§ 2. Section three of said charter shall have added sec.sameuded. 
thereto the following clause, to read as follows : "And the 
several townships, cities or counties, through or near which 
said railroad shall pass, may and they are hereby author- 
ized to subscribe for and take stock in said company, to any 
amount not exceeding one hundred thousand dollars for 
each of said townships, cities or counties, and may issue 
their corporate bonds therefor: Frovided^ that no such 
bonds shall be made until the question has been submitted submitted to 
to the legal voters of such townships, cities or counties ; and ^^s^i^^'®"- 
the clerk of such incorporation is hereby required, by at 
least ten citizens who are legal voters and taxpayers of such 
township, city or county for which he is clerk, in which 
petition the amount proposed to be subscribed and the rate 
of interest thereon shall be stated, to post up notices in at 
least three public places in such township, city or county, 
which notice shall be posted not less than thirty days before Noticeof eiec- 
the day of holding such election, notifying the legal voters *'°'^- 
of such township, city or county to meet at the usual place 
of holding elections, or some other convenient place named 
in such notice, for the purpose of voting for or agiiinstsuch 
subscription ; and if it shall appear that a majority of all 
the legal voters of such township, city or county, voting at 
such election, have voted for such subscription, it shall be 
the duty of the chairman of the board of supervisors of the 
county, or the supervisor of the township, or the mayor of who may sub- 
the city, to subscribe to the capital stock of said railroad *"'''' ^*°*'^' 
company the amount so voted to be subscribed, and he 
shall execute to said company, or their assigns, in the name 
of such township, city or county, bonds, bearing interest at 
the rate of ten per cent, per annum, which bonds sliall run 
for a terra of not more than ten years — interest on the same 
made payable annually, and which bonds shall be signed 
by such chairman, supervisor or mayor, and be attested by 
the clerk of such township, city or county, in whose name 



320 BAILKOAD COMPANIES — NEW PKIVILEGES. 

No payment till the boDcls are issued : Provided, that no part of such bonds 

work completed gi^g^lj be delivered or payment made to said company or 
their assigns, until an amount of work shall have been done 
in grading and bridging on said railway in such township, 
city or county where the subscription is made, equal in value 
to the amount of one-tenth of such subscription — which 
work shall be approved by three competent persons, ap- 
pointed by said railroad company, before the delivery of 
said bonds ; and in like manner shall the work be done 
and payments made in the township, city or county 
where the subscription is made. Shonld there be a surplus 
of said subscription, after completing such grading and 
bridging in such township, city or county, it may be ap- 
plied in the same manner next adjoining to any grading 
and bridging already done, so as to keep a continuous line 
of work on said railway, and in case it should not be necessa- 
ry to use all of such subscription for the completion of such 
work herein set forth, then, and in that case, the remainder 
of such subscription shall be delivered to said railroad com- 
pany, or their assigns, to be used by them for any purpose 
on said railway, necessary to be done, in order for the com- 
pletion of the same: Provided, further, that the registry 
of votes last had preceding any election to be held un- 
der the provisions of this act shall be the registry for 
such election," 

880. 4 amended. § 3. In scctiou four, the word "first," in the second 
line, shall be stricken out, so that the first and second lines 
will read, " and the above named persons, in section first, 
as amended, shall be and constitute the board of directors." 
The sixth and seventh lines of same section shall be amen- 
ded so as to read : " Said directors shall organize the board 
as soon as practicable after the passage of this amendment." 

See. G amended. § i« Scctiou six shall bc amended so as to read : " Said 
company shall be alowed five years from the passage of this 
amendment for the commencement of the construction of 
said railroad, and shall complete the same within ten years 
from the date of the passage thereof. Should said company 
or their assigns fail to finish said road, or any part thereof, 
within the time specified, said company shall not forfeit any 
of their rights acquired under this act to that part of said 
road which may be finished within the time above specified : 

May uuito with And it is farther provided, that said company shall have 

other loads. power to unite or connect itself with any other railroad 
company in this state, upon such terms as may be mutually 
agreed u])on between the companies so uniting or connect- 
ing, and for that purpose, full power is hereby given to 
said cnmpany to make and execute such contracts with any 
other company as will secure the object of such union or 

Name changed. Connection. Said company may change its corporate name 
and style to such name and style as its directors, by reso- 
lution, may order and direct, upon filing in the ofiico of the 



RAILROAD COMPANIES— NEW PRIVILEGES. 321 

secretary of state a copy of such resolution within sixty 
days after the passage of the same, and publishing a like 
copy in one or more newspapers published in the county 
through which the road runs." 

§ 5. This act shall be deemed and considered a public 
act, and shall be favorably construed for all purposes 
herein expressed in all courts and places whatsoever; 
and take effect and be in force from and after its passage. 

Approved March 27, 1S69. 



AN ACT to cliange the name of the Murphysboro and Shawnoetown Rail- i^ force March 
road Company to that of the Carbondale and Shawneetown Eailioad Cora- 10, 1S69. 
pany; to make valid the subscription and agreement of the county court 
of Williamson county, in regard to said railroad, and to further amend 
the act of incorporation, approved March 7, 1867. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the Nanje changed, 
name of the Murphysboro and Shawneetown Eailroad 
Company is hereby changed to that of the "Carbondale and 
Shawneetown Railroad Company;" and, by that name, 
said company shall have all the rights and be subject to all 
the liabilities conferred and imposed by the act of incorpo- 
ration, approved March 7, 1867 ; and furthermore, the 
railroad to be constructed under and by virtue of said last 
mentioned act shall begin at Carbondale, instead of at or 
near Murphysboro, and extend as is provided for in the lirst 
section of the aforesaid act of incorporation. 

§ 2. The subscription heretofore made and entered o± stock snhscrip- 
record by the county court of Williamson county, in pur- *'°'^'^' 
suance of a vote of the voters of said county, in regard to 
the capitalstock of the Murphysboro and Shawneetown Kail- 
road Company, and the recorded agreements in the county 
clerk's office of said county, heretofore entered into by Jesse 
Bishop and Addison Reese, two of the judges of the county 
court of said county, and Samuel Dunaway, president of 
said railroad company, in regard to the sale and transfer 
of the stock or the certificate of the stock of said railroad 
company, which certificate is to be obtained by said count}'- 
court, on behalf of said county, is hereby legalized, and 
said agreement and said certificate is hereby made valid 
and binding upon said county and upon said Carbondale 
and Shawneetown Railroad Company : Provided, hoioever, 
that the said county court, in consideratioji of the construc- 
tion of said railroad, from Carbondale to the town of Marion, 
in said county, sball make an assignment and transfer of 
said certificate or certificates of one hundred thousand dol- 
lars' worth of the capital stock of said railroad company, 
Vol.111— 41 



S23 



KAILEOAD 0MPANIE3 — NEW PRIVILEGES. 



Mofleof Toting 
not to iuvalidate 
bonds. 



Paymont 
iHt«r8»t. 



Tax to pay in 

tersst. 



Provisions of 
act hiudlQg ou 
counties. 



Meeting 
directors. 



to be hereafter issued to said county, to said Carbondald 
and Shawneetown Railroad Company, upon the completion! 
of the railroad to the town of Marion, as before stated,, 
which assignment and transfer shall be made to said com- 
pany without the payment of five thousand dollars or the 
payment of any sum whatever by the aforesaid company : 
Provided^ further^ that the time for the completion of said 
railroad from Carbondale to the town of Marion shall be 
and is hereby extended to the first day of January, 1871. 

§ 3. Nothing in the manner of voting on the question 
of subscription, or in the aforesaid agreement, entered into 
by said county court, or in the organization of said railroad 
company, or in this amendment, shall be deemed to in- 
validate the bonds of said "Williamson county, heretofore 
subscribed and to be hereafter issued by the county court 
of said county, in pursuance of the order of said county 
court of said county, made and entered of record December 
12, 1868, but, on the contrary, said county court shall issue 
said bonds as coupon bonds, in sums of one thousand dol- 
lars each, bearing interest at the rate of eight per cent, per 
of annum, which interest coupons shall be paid semi-annually 
at the county treasury of said county, or in the city of 
JSTew York, as may be desired by the holder or holders 
thereof; and both the principal sum and the interest there- 
on mentioned in said bonds shall be made payable to the 
Carbondale and Shawneetown Railroad Company, its suc- 
cessors and assigns, at the time and place provided for in. 
the original act of incorporation and in this amendmenfc 
thereto. 

§ 4. It is hereby made the duty of the county court, 
or the board of supervisors of said county to compute and 
assess a tax upon all the taxable property of said county, 
in addition to the assessment of a tax to pay the interest 
and otherwise fully to provide the mode and means, before 
twenty years from the date of said bonds, for the full pay- 
ment of the principal sum due or to become due to the 
holder or holders of the bonds issued or to be issued under 
and in acicordance with the provisions hereinbefore men- 
tioned. 

§ 5. The provisions contained in this amendment shall 
apply and be binding so far as they may or can be held as 
applicable on the counties and the county courts, contracts 
and bonds of the counties of Salem and Gallatin : Provided^ 
said counties shall vote in accordance with the provisions 
contained in the twelfth section of the aforesaid act to 
which this act is an amendment in favor of subscribing to 
the capital ttock of said company. 

§ 0. The meetings of the board of directors of said Car- 
bondale and Shawneetown Railroad Company may be held 
in either of the counties herein mentioned, in the city of 
Chicago, or f^Jsewhere, as may bo most convenient for a 



of 



RAIL&OAD companies — NEW PElVILEGES. S23 

y 

majority of the board of directors: Provided, there shall be 
always resident in one or more of said counties some adver- 
tised' superintendent, other agent or officer of said company, 
upon whom service or summons or other process may be 
made, which shall be vahd and binding on said company. 

§ T. This act sliall be deemed and held to be a public 
act, and shall be in force and effect from and after its pas- 
sage. 

Approved March 10, lS6d. 



AN ACT to amend an act entitled " An act to construct a railroad from in forca Marej 
the Mississippi river, in Illinois, opposite Muscatine, Iowa, to Camden, 2J, 1S69. 
Rock Island county. Illinois." 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That sec- *••• i* amsnded 
tion eighteenth of the act approved February 16th, 18(55, 
allowing said railroad company five years from the passage 
of the act above named to commence the work on said road 
and ten years for the completion of same, be amended so as 
to extend the time for commencing work on said railroad 
to eight years from the passage of said act of 1865. 

§ 2. This act to take effect from and afier its passage. 

Appeoved March 29, 1869. 



AN ACT to authorize the Ohio and Mississippi Railway Company to build In force March 
a branch, to connect their road with a ferry or bridge to St. Louis. 2^» ^^°'- 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assemhly, That the branch^oaa'^*^ 
Ohio and Mississippi Railway Company be and they are 
hereby authorized to locate, build, construct, operate and 
maintain a branch railroad, from some convenient point on 
their present railroad, between Caseyville and East St. 
Louis, in St. Clair county, a single or double track, to con- Ro«te of roa.i. 
nect with any bridge or ferry now existing or to be here- 
after established between the Illinois shore of the Missis- 
sippi river and the city of St. Louis, in the state of Mis- 
souri, with power to acquire, by lease, purchase or condem- 
nation, under any law of this state, for such branch, all 
such right of way, depot and other grounds as they may 
now be authorized by law to acquire in regard to their 
main track and terminus at East St. Louis, together with all 



324 RAILROAD 00MP^\Js^I}5S — iTEW PRIVILEGES. 

the powers, privileges, rights and franchises, in regard to 
such branch, as they now have and enjoy in regard to their 
present railroad: Provided^ that this act shall not be con- 
strued to authorize the Ohio and Mississippi Kailway Com- 
pany to condemn any property lying within the corporate 
limits of the city of East St. Louis. 

§ 2. This act shall take effect and be in force from and 
after its passage, and shall be a public act. 

Approved March 31, 18G9. 



In force March AN ACT to amend an act entitled "An act to incorporate the Ogle and 
2"> 1S69. Carroll County Railroad Company." 

Section 1. Be it enacted hy the Peojyle of the State of 
Illinois, represented in the General Assembly , That the sev- 
Acts amendea. eral acts entitled " An act to incorporate the Ogle and 
Carroll County Eailroad Company," approved February 
18, 1857, and the act entitled " An act to amend an act 
entitled an act to incorporate the Ogle and Carroll County 
Eailroad Company," approved February 24, 1859, be and 
they are hereby so amended that the said railroad company 
shall be authorized and empowered to construct, maintain, 
and operate their said railroad, with such appendages as 
may be deemed necessary by the directors, in accordance 
with the following provisions. 
WTiereroadto g 2. That the first divisiou of said road shall commence 
'on the east bank of Rock river, opposite the town of Ore- 
gon, in said county of Ogle ; from thence, on the most eli- 
gible route, to a connection with the Chicago and North- 
western Railway, or with any other railroad leading to the 
city of Chicago, and the second division commencing at 
said point, opposite the said town of Oregon, and running 
thence, in a westerly direction, on the most eligible route, 
to the Mississippi river. 
Construction § 3. That Said company bo and they hereby are author- 
ua . j^g^ ^^ build a branch from their said road, from such point 
as they may desire and with such appendages as may be 
deemed necessary by the directors of said company, to the 
city of Rockford, in said state. 
Nnmijer of § 4. That the Stockholders may, at any regular meet- 
direotois. -^.^^^ ^j^^j. ^^^^ determine the number of directors and the 

length of time they shnll hold their office. The board of 
directors shall choose one of their number as president of 
said company, and adopt such rules and regulations, for the 
government of the same, as they may deem expedient. 
Towns and § 5. That the several towns, villages and cities, organ- 
stock."^^ "^^^ ized or incorporated under any laws of this state, along or 



RAltROAb COMPANIES — NEW PEIVILEGES. 325 

near the route of the said railroad, as authorized to be con- 
btructed under the original act and amendment thereto or 
under this act, or that are in anywise interested in having 
said road or any branch or division thereof constructed, 
may, in their corporate capacities, subscribe to the stock of 
said company, or may make donations thereto, or may lend 
its or their credit to said company, to aid in constructing 
and equipping said road or any division or branch thereof : 
Provided^ that no sucli subscription, donation or loan shall 
be made until the same shall be voted for as hereinafter 
provided. 

§ 6. That whenever twenty legal voters of any such petition for an 
towns, villages or city shall present to the clerk thereof a writ- election. 
ten application, requesting that an election shall be held to 
determine whether such town, village or city shall subscribe 
to the capital stock of said company, or make a donation 
thereto, or loan money or bonds or its credit, to aid in the 
construction of said road or any branch or division there- 
of, stating the amount and whether subscribed, donated or 
loaned, and the rate of interest, and the time of payment, 
such clerk shall receive and file such application, and im- 
mediately proceed to post written notices of an election to 
be held by the legal voters of such town, village or city, 
which notices shall be posted in ten of the most public 
places in such town, village or city, for thirty days preceding 
such election, and shall state fully the object of such elec- 
tion ; and such election shall be held and conducted and 
return thereof made as is provided by law, and, in any 
vihage or city, as is provided by the law under which the 
same is incorporated, and an additional return shall be 
made to one of the directors of said company. Each elector submitted to 
at such election shall deposit a ballot for said subscription, '^S''^^ ^o*^^«- 
donation or loan ; and if a majority of the legal voters of 
such town, village or city, voting at such election, shall 
vote for such subscription, donation or loan, then such town, 
village or city shall, by its proper corporate authorities, 
subscribe to the stock of said company, or donate or loan 
thereto, as shall be determined at said election, and shall 
issue to the said railroad company its bonds, in such de- 
nominations as said company may designate, not less than 
one hundred dollars, and bearing interest as may be deter- 
mined at such election, notto exceed ten percent., per annum, 
payable annually at such place as such company may de- Execute bonds, 
signate, which bonds shall be signed by the supervisor and 
countersigned by the clerk in towns organized under the 
township organization law, and in incorporated villages or 
cities, signed by the president of the board of trustees and 
countersigned by the clerk or by the officers having simi- 
lar powers and duties in any such village or city, and any 
such town, village or city so subscribing, donating or loan- 
ing, as aforesaid, shall, by its proper corporate authority, 



326 EAILEOAD COMPANIES — NEW PK1VILEGE8. 

Levy tax to annually thereafter, assess and levy a tax upon the taxable 
pay interest. property of Said town, village or city, sufficient to pay and 
liquidate the annually accruing interest on such bonds, and 
so much of the principal thereof as, from time to time, 
shall become due, which taxes shall be levied and collected 
in the same manner as other corporation taxes .in such town, 
village or city: Fromded^ that for the payment of the 
principal thereof such tax shall not exceed two per cent., 
Conflicting per anuum. 
acts repealed. | Y. That such portions of the original act to which this 
When act to act is an amendment as conflicts with this act be and the 
take efifect. game is hereby repealed. This act shall take effect and be 
in force from and after its passage. 
Appkoved March 30, 1869. 



lu force April AN ACT supplemental to " An act incorporating the Oquawka and Geaeseo 
IT, 1869. Railroad Company," approved March 26, 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ revresented in the General Assembly, That in ad- 
jiay unite with ditiou to the Several powers and immunities granted to the 
other roads. g^^-^^ railroad company by the act to which this is a supple- 
ment, that said company shall have authority to unite with 
any other railroad company or consolidate with or transfer 
all the rights, privileges or interest of this company to any 
other railroad company they may deem best for the in- 
terests of the stockholders of this company, and also to re- 
ceive and hold, by purchase or otherwise, all the property, 
rights and privileges of any former chartered and unfinished 
railroad lying along the route of this road, and may is- 
sue and sell bonds, secured by mortgage on the property of 
the said Oquawka and Geneseo Railroad Company, for the 
purpose of raising money to construct or operate said 
road. 
Conditional § 2. In sccuring subscriptions of individuals, counties, 
subscripiioiiB. towusliips, cities or incorporated towns to the capital stock 
of said railroad company, the said incorporators, before the 
election of directors, shall have authority and after direc- 
tors are chosen they shall be authorized to receive condi- 
tional subscriptions ; and the conditions made and agreed 
upon between the parties at the time such subscriptions are 
made shall be binding on the railroad company and on the 
subscriber of stock as condition precedent. 
Consent of citi- § 3. Be it further enacted^ that whenever the citizens 
ftock. *" ^"''^ of any county in this state, through which the line ofjjsaid 
Oquawka and Geneseo Railroad shall pass, are desirous 
that said county shall subscribe for stock in said railroad, 
such county may and is hereby authorized to subscribe for 



BAILROAD COMPANIES — NEW PEITILBGES. 327 

shares to the capital stock of said railroad company, in any 
sura not exceeding one hundred thousand dollars, for each 
of such counties ; and the stock so subscribed shall be un- 
der the control of the county court or board of supervisors, 
as the case naay bo, in all respects, as stock owned by in- 
dividuals- 

§ 4. That for the payment of such subscription, the jg ^uq oiijoiid a 
county court or board of supervisors may issue the bonds 
of the county in sums of not less than one hundred dol- 
lars, bearing interest not exceeding ten centum, per an- 
num : Provided^ that no bonds sbalf be paid out to the 
railroad company or sold by the county court or board of 
supervisors at less than par value. 

§ 6. No subscription shall be made or bonds issued by Majority vote 
any county, under the provisions of this act, unless autho- gubscrfpUoa"^^ 
rized by a majority of the votes cast at an election held 
for that purpose, after due notice has been given of the 
time and place and object of the same, and the amount of 
stock proposed to be taken. The length of time the bonds 
are to run and the rate of interest being specified in said 
election notice. 

§ G. It shall be the duty , of the county court or board Petijidn for 
of supervisors, upon the petition of one-third of the legal '^^ mge.ecion. 
voters of such county, taking as a standard the number of 
votes cast at the last election for county officers, to give 
notice of such election in the same manner and for the 
same length of time as for other county elections, and in 
all other respects complying with the laws of this state reg- 
ulating county elections and with the provisions of section 
five of this act : Provided^ that said election may or may 
not be held on the same day of a general election, as the 
county court or board of supervisors may, in their discre- 
tion, deem best, 

§ T. Townships in counties having township organiza- organized 
tion through which the line of said railroad shall pass, or 6?!^!°^'^^*^'^ 
lying within ten miles of the same, are hereby authorized 
to subscribe to the capital stock of the said railroad, in any 
sum not exceeding twenty per cent, of the assessed value 
of the real estate in such township : Provided, that such 
subscription be authorized by a majority of the votes cast 
at an election held for that purpose, after due notice has 
been given of the time, place and object of the same, by 
notices posted up in at least six of the most public places in 
such township for a period of not less than thirty days 
prior to the day of holding such election. And it shall be nntyofsuper- 
the duty of the supervisor, or, in his absence, of the town 
clerk, upon the written petition of one-third of the legal 
voters residing in such township, to proceed immediately 
to call such election, by giving the required notice and 
causing a registry to be made of the votes, if the laws regu- 
lating other township elections and in force at the time re- 



viser. 



32 S BAILED AD COMPANIES — NEW PRIVILEGES. 

quire such registry, and shall cause the polls to be opened 
and the election to be conducted in all respects according to 
the laws of this state in force at the time and of the provis- 
ions of this act. At said election the voters shall proceed 
to vote, by ballot, for or against subscription to the capital 

Bonds issned. stock of the Oquawka and Geneseo Railroad; and if a 
majority of the votes cast are in favor of such subscription 
it shall be the duty of the township board to make pro- 
vision for the payment of the same, by causing bonds to be 
issued in the name of the township, payable in twenty 
years, and in no case running less than five years, bearing a 
rate of interest not exceeding ten per centum, per annum, 
which bonds may be sold for money to pay said subscrip- 
tion or transferred to the company at par, if the township 
board and directors of the railroad shall so agree ; and it 
shall be the duty of the supervisor of such towm to make 
out and transmit to the board of supervisors of the county 
in which such township is situated an abstract of the pro- 
ceedings of such election, certified to officially by the town 
Duties of the board, whercupou it shall be the duty of the said board of 

Bupemsors. supervisors to cause the same to be filed in the county 

Special tax. clerk's office, and they (the said board of supervisors) shall 
cause a tax to be levied on the real and personal property 
of such townships, annually, in amount sufficient to pay 
the interest and create a sinking fund for the payment of 
the principal within the time limited in the said bonds, 
and shall cause such tax to be placed upon the collectors' 
books for collection with other taxes ; and the tax so levied 
is hereby placed upon the same footing as taxes levied for 
state and county purposes. 
Towns and g 8. Incorporated towns and cities lying within the 

stock."^*^^ ^^'^^ limits heretofore described along the line of said road shall 
be authorized to subscribe to the capital stock of said rail- 
road, in any sum not exceeding twenty per cent, of the as- 
sessed value of the real estate within the corporate limits 
of such town or city, and, for this purpose, the trustees of 
any such corporation or the town or city board, are hereby 
authorized to hold an election, observing all the require- 
ments of section eleven of this act; and the board of su- 
pervisors of the county or the county court, as the case may 
be, taking the same action as required in the preceding 
section of this act. 

§ 9. This act shall be a public act, and take effect and 
be in force from and after its passage. 
Ai'i'itovED April IT, 18G9. 



KAILEOAD COMPANIES — NEW PKIVILEGES. 329 



AN ACT to amend an act entitled " An act to incorporate the Ottawa, In force March 
Oswego and Fox River Valley Railroad Company." 27, .1869. 

Section 1 . Be it enacted ly the People of the State of 
Illinois^ rejyrcsejited in the General Assembly^ That the ^^^ amended, 
charier of the Ottawa, Oswc<^o and Fox River Valley Rail- 
road bo and the same is hereby so amended as to au- 
tliorize said company to build its rode from the town of 
Wcnona, in the count}'' of Marshall, in a southwesterly 
direction through the comities of Marshall, Woodford and 
Tazewell, to the city af Peoria, in the county of Peoria. 

§ 2. ■ That any city, county, town or township, near to .Towns and 
or through which said railroad is now or may hereafter be stock. ^'^'^ ^^'^** 
located, is hereby authorized to subscribe to the capital 
stock of said railroad, upon the terms and conditions pre- 
scribed in an act entitled " An act to authorize certain cities, 
counties, towns and townships to subscribe to the capital 
stock [ofj certain raih'oads," in force February 18, 1857. 

§ 3. This act shall be deemed a public act, and be 
in force from and after its passage. 

Appkoved March 27, 1869. 



AN ACT to amend an act entitled " An act to incorporate the Ottawa, In force March 
Oswego and Fox River Valley Railroad Company." 27, 1869, 

Section 1. Be it enacted hy the Feojple of the State of 
Illinois, represented in the General Asse7nUy, That the Act aaiecded. 
charter of the Ottawa, Oswego and Fox River Yalley Rail- 
road Company be and the same is hereby so amended as 
to authorize said company to build its road from Streator, 
in LaSalle county, eastward to tlio Chicago Branch of the 
Illinois Central Railroad, and westw^ard Irom Wenona, in 
Marshall county, to such point on the Mississippi river as 
said company may hereafter elect. 

§ 2. This act shall be deemed a public act, and be in 
force from and after its passage. 

Appkoved March 27, 1869. 



Vol. Ill— 42 



330 



RAILROAD C03IPANIES-~NEW PRIVILEGES. 



In force April AN ACT to amend an act entitled ''An act to incorporate the Paua, 
10, 1SG9. Springfield and Northwestern Kailroad Company." 



Pream>)ie. WnEEEAS the boai'cl of supervisoi'S of the coimty of San- 

gamon, Btate of Illinois, on the 10th day of March, 1868, 
resolved that the question should be submitted to the voters 
of Sangamon county at an election to be held on the 14:th 
day of April, 1868, whether they would subscribe fifty 
thousand dollars to the stock of the Pana, Springiield and 
I'Torthwestern Kailroad, east of Springfield, and fifty 
thousand dollars to the same road, west of Springfield, 
and one hundred thousand dollars to the stock of the Gil- 
man, Clinton and Springfield railroad, to be paid for in 
bonds of the county, payable in twenty years and drawing 
interest at the rate ot eight per cent., per annum ; and 
whereas the voters of said county did, on said 14th day of 
April, 1868, cast a majority of votes in favor of said sub- 
scription ; now, therefore. 

Section 1. Be it enacted hy the People of the State of 
JUinois^ represented in the General Assembly^ That said 
Election valid, election be and is hereby declared to be legal and valid ; 
and said board of supervisors are hereby authorized to is- 
sue bonds to the amount and upon the terms speciHed by 
their resolutions of March 10th, 1868. 

§ 2, Whenever any section of ten miles of either of 
said roads shall be completed and in operation the board 
ot supervisors of said county is hereby authorized to issue 
a proportionate amount of bonds to pay for their subscrip- 
tion : Provided, that the whole amount so issued to each 
road shall not exceed the amount above specified. 

§ 3. The same powers conferred upon the board of su- 
pervisors of Sangamon county are hereby conferred upon 
the board of supervisors of Christian county, with reference 
to their subscription to the capital stock of the Pana, Spring- 
field and Northwestern Railroad, 

■4. The Pana, Springfield and Northwestern Railroad 



Issue of l)ocds. 



Board of s npa 

Tisors. 



Powers. 



Coastrnclionof 
road 



Towns and § O. 
cities may tuto ^^^-^^y^ 



shall have power to extend, construct and maintain its rail- 
road from Pana, in Christian county, to some point on the 
Ciiicago Branch of the Illinois Central Railroad, as it may 
elect ; and in the extension thereof and the construction, 
maintenance and operation of said road, so extended, it 
shall have, possess and exorcise all the powers, rights, 
privileges, immunities and franchises which it now posses- 
ses or at any time has possessed and enjoyed during its ex- 
istence under its charter and amendments thereto. 

§ 5. Whenever the citizens of any town in any county 
has adopted township organization and through 
which said Pana, Springfield and Northwestern Railroad 
shall ])a8s are desirous that said town should subscribe for 
stock in said road, they are hereby authorized to subscribe 
for said stock, in any sum not exceeding fifty thousand del- 



RAILROAD COMPANIES — NEW PRIVILEGES. 331 

Jars, and to issue bonds therefor, in the same manner as is 
proserihud in tlie act incorporating said raih-oad company, 
approved February IGth, 1S65 : Provided, the question of 
subscription shall first be submitted to the legal voters of 
the town, as reqnired in said act, 

§ 6. Wlienever it shall appear that a majority of the when majority 
voters in any town shall have voted in lavor of a subscrip- |,"r^jHlon"^ *"^~ 
tion to said roads and the board of supervisors shall have 
been notified thereof, then it sliall be the duty of said board 
of supervisors to assess and levy a tax upon said town and 
determine the rate per centum of such tax upon all the tax- 
able property in said town ; and the tax in all the towns 
voting in favor of said subscriptions in any county shall bo 
nuitbrm. After said tax shall have been levied, then the 
clerks of each of said towns in which a vote is given for 
subscription, and the county clerk and county treasurer of 
the counties in which such towns are situated, shall dis- 
charge the same duties and in the same manner, as re- 
quired in sections li, 15 and 16, of the act aforesaid. 

§ 7. Whenever the citizens of any townshij) in any Townships may 
county which has not adopted township organization, and 
through wliich said Pana, Springfield and Northwestern 
Raih-oad shall pass, are desirous that said township should 
subscribe for slock in said road, they are hereby authorized 
to subscribe for said stock in any sum not exceeding fifty 
thousand dollars. 

§ 8. No subscription shall be made until the question . Snbmitted to 
has been submitted to the legal voters of the township in '^s«i voteis. 
which the subscription is proposed to be made ; and the 
treasurer of the board of trustees for schools in any such 
township is hereby required, upon the presentation of a pe- 
tition, signed by at least ten citizens who are legal voters and 
tax payers of such township, to perform the same duties as 
are imposed upon the clerks of the several towns in Sanga- 
mon county by the act last aforsaid, and the vote shall i)e 
taken at any time after thirty days' notice of the time and 
place of voting. 

§ 9. If it shall appear that a majority of all the voters Board of trn» 
have voted for subsci'iption, then the treasurer of the board may taiie stock' 
of trustees for schools in said township shall perform the 
same duties as are imposed by said act upon the super- 
visors of towns, with regard to subscribing for the capital 
stock of said road and issuing bonds therefor. Whenever 
it shall appear that a majority of the voters in any town- 
ship shall have voted in favor of a subscription to said 
roads and the county court shall have been notified there- 
of, then it shall be the duty of said county court to assess DntieG of the 
and levy a tax upon said township and determine the rate '^°^^^^ ""^''' 
per centum of such tax upon all the taxable property in ^^j^^g^egf *° 
said township; and the tax in all the townships voting in ^^"^ 
favor of said subscriptions in any county shall be uniform. 
After said tax shall have been levied, then the county clerk 



332 RAILKOAD COMI*iJSriES — NEW PKlVlLEGES. 

of the proper county shall, annually thereafter, compute 
and assess upon all the taxable property in such townships 
a sufficient sum to pay the interest on all such bonds, which 
tax shall be extended upon the collector's books as other 
taxes are, and shall be collected in the same manner as other 
taxes are ; and the county treasurer of the proper county shall 
discharge the same duties as are prescribed by said act with 
reference to the payment of the interest on said bonds. 

§ 10. This act shall take effect and be in force from and 
after its passage. 

In force April IG, 1869. 

This bill havini? been returned by ilie governor with objections thereto, and after 
reconsideration haviog passed both houses by a constitutional majority, it has become 
a law this sixteenth day of April, A. D. 1869. EDWARD RUMMEL, 

Secretaay of State. 



In force April AN ACT supplemental to an act entitled "An act to incorporate the Pana, 
■^^' ■'^^^- Springfield and Northwestern Railroad Company. 

Section 1. Be it enacted ly the Peoj>le of the State of 
Illinois, represented in the General Assemhly, That sec- 

sections void. tioDS sevcn (7), eight (8) and nine (9) of an act entitled "An 
act to amend an act entitled 'an act to incorporate the 
Pana, Springfield and I^orthwestern Eailroad Company,' " 
passed by the 26tli general assembly of the state of Illi- 
nois, be and they are hereby declared to be of no force 
and effect, 
stock subscrip- R 2. The proceedings of the town of SDringfield, San- 
gamon county, on the first Tuesday of April, A. D. 18G9, 

Vote lesaUzed. by which the sum of thirty thousand dollars was voted to 
be subscribed by said town to the capital stock of said com- 
pany, in addition to the sum of fifty thousand heretofore 
voted by said town to be subscribed as stock in said com- 
pany is hereby legalized, it being the intent hereof to legal- 
ize subscriptions on behalf of said tov/n voted as aforesaid 
to the amount of eighty tliousand dollars, fifty thousand 
thereof to the west division of said road and thirty thous- 
and tliereof to the eastern division of said road; and the 
supervisor of said town is authorized to make such sub- 
scriptions in behalf of said town, in conformity with the 
conditions of said votes ; and, if such subscriptions shall 
have ah'cady been made, the same are hereby legalized ; 
and it shall be his duty to issue the bonds of said county 
therefor, in conformity with the conditions of said respec- 
tive subscriptions, with the like effect and under the like 
regulations as provided in the act to which this act is sup- 
plemental or in the act entitled "An act to incorporate the 
Fana, Springfield and Northwestern Eailroad Company," 
approved Feb. 16th, 1865. 
Provisions ap- § 3. The provisions of the foregoing section shall apply 

piicabietoPana ^q subscriptions voted by the towns of Pana, Taylorville, 



RAILROAD COMPANIES — NEW PKIVILEGE8. 333 

Bucliheart and Locust, in Christian cuuntj, to the capital 
stock of said company, on the lirst Tuesday of April, 18G9, 
so far as the same shall be applicable, and the proceedings 
of said towns, in voting said subscriptions, are hereby le- 
galized, and any subscription of stock made thereunder by 
the respective supervisors of said towns or which may be 
made thereunder in conformity with the votes of said 
towns, respectively, are hereby legalized, and it is hereby 
made the duty of tlie respective supervisors aforesaid to 
issue the bonds of their respective towns in payment of 
said subscription, as provided for and regulated in the act 
to which this is supplemental, or in the act entitled "An act 
to incorporate the Pana, Springfield and JNorthwesteru 
Railroad Company," approved February 16th, 1865, 

§ 4. This act shall take effect and be in force from and 
after its passage. 

Approved April 10, 1869. 



AN ACT to amend an act entitled " An act to incorporate tlio Pekin, la force March 
Lincoln, and Decatur Railroad Company." ^^> ^^'^^• 

Section 1. Be it enacted hy the People of the State of 
lUinois^ represeiited in the General Assembly^ That in ad- Extend road, 
dition to the pov/ers conferred upon the Pekin, Lincoln and Construction of. 
Decatur liailroad Company, by the act to which this act 
is an amendment, said company are hereby authorized and 
empowered to extend and construct its line of railroad from 
Decatur, in the county of Macon, to a point on the west 
bank of the river Wabash, opposite the city of Yincennes, noutocfroad. 
in the state of Indiana — the extension herein provided for 
to be along the most eligible route as the directors of said 
company may direct : Provided^ further^ that said railroad 
company are hereby authorized and empowered to extend 
and construct its lino of railroad, from Pekin, in the coun- 
ty of Tazewell, to Peoria, in the county of Peoria — the ex- 
tension herein provided for to be along such eligible route 
as the directors of said company may Oirect: And 2^i'o- 
vicTed, farther, that said railroad, in passing the city of Lin- 
coln, shall nf>t be located or run between Lincoln Univer- 
sity and the Lincoln Coal Shaft, southwest from Elliott's 
mills, but shall be located north of said Lincoln University 
or south of said coal shaft. 

§ 2. All the rights, powers, privileges, and advantages Ftirthcr prni- 
conferred upon said railroad company, in the act to which ^''^®** 
this act is an amendment, are hereby extended to and con- 
ferred upon said company, respecting the extensions herein 
provided for. And all counties, incorporated towns and 
cities, and organized townships, through or by which the 
extensions herein provided for may pass, are hereby au- 



33'!: RAILEOAD COMPANIES — NEW PKIVILEGES. 

tliorized and empowered to subscribe to the capital stock 
of said company, in the irianner provided for in this act 
•and the act to which this is an amendment : Provided, 
that the aggregate subscriptions made by any county and 
its cities, towns and townships, along the line of such ex- 
tension, shall not exceed the sura of three hundred thousand 
dollars. 
Sections 11 and § 3. Sections eleveu and twelve of the act to which this 

l!i iiniGiicicd. 

act is an amendment are hereby so amended that hereafter 
the application of the board of directors, provided for in 
said section eleven, for an election, and petition provided 
for in said section twelve, shall be made, and presented to 
the county clerk of the proper county, and not to the 
county court or board of supervisors, as in said sections 
eleven and twelve provided ; and thereupon the county 
clerk of the county in which such application shall be 
made or petition presented shall give the notice of elections 
for subscribing to the capital stock of said company, as 
provided for in section ten of said act, to which this act is 
an amendment ; but nothing in this act shall be taken or 
held to impair any elections heretofore held under the pro- 
visions of said act to which this act is an amendment, 
and all elections heretofore held by any county, city, 
town or township, wherein such county, city, town or 
township may have voted for subscription to the capital 
stock of said company, as appears from the declared result 
of such elections, shall be and the same are severally here- 
by ratified and in all things confirmed, notwithstanding 
any irregularity or informality in the calling of such elec- 
tions. 

Sec. 13 amended § 4. Section thirteen of the act to which this act is an 
amendment is hereby' so amended that if at any election 
held in Logan county, under the provisions hereof and the 
act of which this act is amendatory, a majority of the voters 
voting at such election shall vote " For subscription," the 
board of supervisors of said Logan county shall not be re- 
quired to subscribe for shares of the capital stock of said 
railroad company and shall not issue bonds to the treasurer 
or president of said company, only in tlie manner and at 

Issue of bonds, the times following, to wit: Wh