much more land as may be necessary for the proper con- Powers vested to Company. SEC. 2. The capital stock of said company shall consist Capital Stock. of five thousand shares, not exceeding one hundred dollars each; and the immediate government and direction of the affairs of the said company shall be vested in a board of not less than five directors, who shall be chosen by the members of the corporation in the manner hereinafter provided, and shall hold their offices until others are duly qualified to take their places as directors: a majority of whom shall form a quorum for the transaction of business; shall elect one of their own number to be president of the company, and shall have authority to choose a clerk, who shall be sworn to the faithful discharge of his duty; and a treasurer, who shall give bonds to the corporation, and sureties to the satisfaction of the directors, in a sum not less than twenty thousand dollars, for the faithful discharge of his trust. Quorum. Bonds required tracting, and SEC. 3. The president and directors are hereby authorized and empowered, by themselves or their agents, to Locating, con exercise all the powers herein granted to the company completing said for the purposes of locating, constructing and completing road. said rail road, and for the transportation of persons, goods Transportation and merchandize, and all such other powers and authority for the management of the affairs of the company not heretofore granted, necessary and proper to carry into effect the object of this grant; to purchase and hold land, mate- Privileges rials, engines, cars, and other necessary things, in the name, of the corporation, for the use of said road and for the transportation of persons, goods and merchandize; to make such equal assessments, from time time, on all the shares of the said company as they may deem expedient and neces sary in the execution and progress of the work, and direct the same to be paid to the treasurer of the company; and urer. the treasurer shall give notice of all such assessments; and Duty of treas Proviso Continuation of in case any subscriber shall neglect to pay his assessment for the space of thirty days after due notice by the trustees of said company, the directors may order the treasurer to sell such share or shares at public auction, after giving due notice thereof, to the highest bidder, and the same shall be transferred to the purchaser; and such delinquent subscriber shall be held accountable to the company for the bal ance if his share or shares shall sell for less than the assessment due thereon, with interest and cost of sale: and shall be entitled to the overplus, if his share or shares sell for more than the assessment due, with interest and cost of sale: Provided, however, that no assessment shall be laid upon any shares of saidcompany of a greater amount than one hundred dollars on a share. SEC. 4. The said company shall have power to make, powers granted ordain and establish all such laws, rules, regulations and ordinances as they shall deem expedient and necessary to accomplish the designs and purposes and to carry into effect the provision of this act, for the assignment and transfer of its stock and for the well ordering, regulating and securing of the interests and affairs of the company: Provided, the same be not repugnant to the constitution and laws of this state and the United States. Proviso. Rates Toll granted Sec. 5. A toll shall be, and is hereby granted and estaband established lished for the sole benefit of said company, upon all passengers and property of all descriptions which may be conveyed or transported upon said rail road, at such rates per mile as may be established and agreed upon, from time to time, by the directors of said company: the transportation of persons and property, the construction of wheels, the form of cars and carriages, the weight of loads, and all other matters and things in relation to the use of the said road shall be in conformity to such rules, regulations and provisions as the directors, from time [to time], prescribe and direct; and said road may be used by any persons who shall comply with such rules and regulations. Powers delega ted to Directors Responsibility of Company SEC. 6. The directors of said company, for the time being, are hereby authorized to erect toll-houses, establish gates, appoint toll-collectors, and demand toll upon the road where completed, and upon such parts thereof as shall, from time to time, be completed. SEC. 7. The said company shall be holden to pay all damages that may arise to any person or persons, corporation or corporations, by taking their land for said rail road, when it cannot be obtained by voluntary agreement, to be estimated and recovered in the manner provided by law for the Lands of Feme recovery of damages happening by laying out of highways. SEC. 8. That when the lands or other property or estate covert, Infants, of any feme covert, infant, or persons non compos mentis, or persons noa shall be necessary for the construction of said rail road, the compos mentis husband of such feme covert, and the guardian of such infant or person non compos mentis, may release all damages for any lands or estate taken or appropriated as aforesaid, as they might do if the same were holden by them in their own right respectively. ly & malicious SEC. 9. That if any person shall wilfully, maliciously or Persons wilfulwantonly, and contrary to law, obstruct the passage of any ly damageing carriage on said rail road, or in any way spoil, injure or de- said road. stroy said rail road or any part thereof, or any thing belonging thereto, or any material or implements to be employed in the construction or for the use of said rail road, he, she or they, or any person or persons assisting, aiding or abetting in such trespass, shall forfeit and pay to said company Liabilities for every such offence treble such damages as shall be proved before the justice, court, or jury, before whom the trial shall be held; to be sued for and recovered before any justice, or any court proper to try the same, by the treasurer of the company or other officer whom they may direct, to the use of said company; and such offender or offenders shall be liable to indictment by the grand inquest for the county within which such trespass shall have been committed, for any offence or offences contrary to the above provisions; and on conviction thereof before any court competent to try the same, shall pay a fine not exceeding one Fine. hundred dollars, nor less than thirty dollars to the state; or may be imprisoned for a term not exceeding one year, at the discretion of the court before whom the conviction may be had. which Directors SEC. 10. The annual meeting of the members of said Meeting. corporation shall be holden on the first Monday of June, at such time and place as the directors, for the time being, may Manner in appoint; at which meeting the directors shall be chosen by shall be chosen. ballot, each proprietor being entitled to as many votes as he holds shares: Provided, that no vote shall be given by any Proviso proprietor by reason of any share held by him exceeding one tenth part of the whole number of shares; and the person first named in this act, or any two of the persons named therein, are hereby authorized to call the first meeting of said corporation, by giving notice in the Illinois Advocate and Sangamon Journal of the time and place and purpose of such meeting, at least fifteen days before the time mentioned in such notice. Rail ros. I when SEC. 11. If said rail road in the course thereof shall cross passing over any river, canal, turnpike or highway, the said corporation highway, &c. shall so construct said rail road as not to obstruct the safe and convenient use of such river, canal, turnpike or high way. Duties imposed SEC. 12. That if said company shall not have been oron said compa- ganized, and the location of the route filed with the county ny. Bridges, abutments, &c. Powers resting with the State Duty of Com pany. commissioners of the county or counties in which the land proposed to be taken for the use of said rail road is situate, previous to the first of September, in the year of our Lord eighteen hundred and forty, and if the said corporation st all fail to complete the said rail road on or before the first day of January, eighteen hundred and fifty, in either of the abovenamed cases, this act shall be null and void. SEC. 13. The rail road company shall constantly maintain in good repair all bridges, with their abutments and embankments, which they may construct for the purpose of conducting their rail road over any canal, river, turnpike or other highway. SEC. 14. That it shall be in the power of the state at any time during the continuance of this charter, after the expiration of thirty years from the opening for use of the rail road through, provided it be made, to purchase of the said company the said rail road and all the franchises, rights and privileges of the said company, by paying them therefor the amount expended in making said rail road, with ten per cent. per annum interest thereon; and after such purchase the limitation provided in the fifth section of this act shall cease and be of no effect: and it shall be the duty of said company, from year to year, to make report to the legislature of their acts and doings, receipts and expenditures, under the provisions of this act, APPROVED, Jan. 16, 1836. In force 16th AN ACT for the Incorporation of the Mississippi, Springfield Jan,. 1836. Company incorporated and Carrollton Rail Road Company. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Paris Mason, Alfred Caverly, John Wyatt, William Craig, and such other persons as may associate with them, for the purpose of constructing a rail road from the town of Grafton, in the county of Greene, by the way of Carrollton, thence on a direct route to Point Pleasant, in the county of Morgan, at or near the head of Apple creek, thence to Millville or Hearadith's mill, on Lick creek, in Sangamon county, thence to Springfield, in said county, be, and are hereby constituted a body corporate, by the name of the Mississippi and Springfield Rail Road Company, and by that name may sue and be sued, defend and be defended in law and equity, in Their Powers all courts whatsoever, and by that name shall be capable of succession; may have and use a common seal, and make and establish such by-laws, rules and regulations as shall, from time to time, appear necessary to the said corporation for the government of said corporation, and may transport upon said rail road property or persons, or passengers, by the force of steam or animal power, or any mechanical power, or by the combination of the same. Commissioners for stock. SEC. 2. And be it further enacted, That Elihu Walcott, Bezaleel Gillit, Samuel S. Prosser, John Calhoun, William Craig, Jacob Fry, Paris Mason, and Alfred W. Caverly, to open books shall be commisssioners, whose duty it shall be to open for subscription books for the purpose of receiving subscriptions to the capital stock of said company, at some proper place in the towns of Springfield, Carrollton, Grafton, and Jacksonville, at such times as the said commissioners shall, in their discretion, deem proper, by their giving ninety days notice in the public Notice newspapers printed at said Springfield, and in the newspapers printed at said Jacksonville, and in the newspaper printed at Carrollton aforesaid, and at one or more public place or places in the aforesaid town of Grafton; and in case no paper shall be printed at the aforesaid places, then and in that case the said commissioners shall put up notice at one or more public place or places in such of the towns as may not, at the time provided for the giving of such notice, have a newspaper published; and the books aforesaid shall remain open at each of said places for the space of ten days; and in case the whole capital stock of said company shall not be subscribed for at the aforesaid places, the aforesaid commissioners are further authorized to open or cause to be opened, books for the subscription of the capital stock not subscribed for, in any place or places in the United States, and at such times as in their discretion they shall think proper. Any four of the above named commissioners shall at any time be competent to transact any business. sed. SEC. 3. The capital stock of said company shall first be Capital stock eight hundred thousand dollars, and the said company shall may be increahave power to increase the capital stock, from time to time, by new and further subscriptions, as the said commissioners, or a majority of them, shall deem proper: which said capital stock shall be divided into shares of one hundred dollars each, which shall be deemed personal property and transferable in such manner as said corporation shall provide and direct. SEC. 4. And be it further enacted, That the said corpora- Corporate powtion may, and are hereby authorized to make and cause to ers |