single or double track way, for the purpose of using the samę in the manner hereinafter provided. SEC. 3. If the said corporation, hereby created, shall not, within two years after the passage of this act, commence the construction of said road, or way, and expend at least the sum of ten thousand dollars thereon, and shall not within five years of the passage of this act, construct, finish, and put in operation, the said single or double rail road or way, or track way, from the river aforesaid to Bellville, then the said corporation shall forever cease, and this act shall be null and void. Src. 4. The capital stock of said company shall be two Capital stock. hundred thousand dollars, with liberty to increase the same to three hundred thousand dollars, to be held in the first instance as follows: John H. Gay and Adam L. Mills, three-twentieths, and Martin Thomas and Nathan Farnsworth, twelve-twentieths, and such bona fide citizens of St. Clair, as shall, on or before the tenth day of February, 1836, subscribe for the remaining five-twentieths of the capital aforesaid; Provided, That should the entire fourth part of the said stock remain unsubscribed for, it shall be allotted to the said Martin Thomas and Nathan Farnsworth. Books for the subscription of the citizens of the county of St. Clair, shall be opened at the town of Bellville, in said county, on the first Monday of February, 1836, and remain open for the period of ten days, the shares to be the sum of one hundred dollars each. Powers of the corporation. SEC. 5. The corporation is hereby empowered to purchase, receive and hold such real estate as may be necessary and convenient for accomplishing the objects for which this act of incorporation is granted; and may by their agents, surveyors and engineers, enter upon, and take possession of, and use all such lands and real estate and materials as may be indispensible for the construction and maintenance of their rail road or track way, and the accommodations and appurtenances required and appertaining thereto; and may also receive, hold and take, all such voluntary grants and donations of land and real estate, and materials, for the purpose of said road, as shall be made to the said corporation by the general or state government, or by any corporation, company, individual or individuals, to aid in the construction, maintenance and accommodation of said rail road or track way, completely vesting in said company and corporation, absolutely in fee simple, the same. But all lands and real estate thus entered upon, for materials or otherwise, which are not donations or owned by the company, shall be purchased by the said corporation of the owner or owners thereof, at a price to be agreed on mutually by the com pany and the owner or owners. In case of disagreement as to price, and before the taking any materials, or making any part of said road on said land in controversy, it shall be lawful for the commissioner, superintendent, or other authorised person or persons of said company, to apply to some justice of the county of St. Clair, who shall cause five freeholders to be summoned, who, after being sworn faithfully and impartially to examine the materials or ground, to be pointed out to them by the commissioner, superintendent, or other authorised person or persons, and reasonable notice having been given to the owner of the property, said freeholders shall assess the damages which they believe such owner or owners will sustain, over and above the additional value which such land will derive from the construction of such road, and make reports, signed by at least a majority of them, one of which they shall deliver to the commissioner, superintendent or other authorised person or persons requiring said view and assessment, and the other to the justice. of the peace; and the amount of damages and cost being paid to the owner or owners, which shall have been assessed, or deposited with the justice of the peace, the road may be constructed, located, and materials taken. If either party shall be dissatisfied with the valuation, where lands are in question, an appeal may be taken within twenty days, to the circuit court of St. Clair county, by petition, setting forth the facts of the case, describing the land and premises, and the necessity of such land for making said rail road or track way, and the attempt and failure to purchase the same, with the name and residence of the owner of the same, and the reasons why the purchase cannot be made; and the circuit court aforesaid, acting and sitting as a court of chancery, shall direct such notice to the owner and parties as shall be deemed reasonable, of the time of hearing the parties; (Provided, that in case the appellee shall have had seven days previous notice of the taking of the appeal, no furthe notice shall be necessary, but said court shall proceed to hear and determine said case as speedily as practicable;) and upon proof of the service of notice of the appeal, and upon hearing the testimony of the parties, which may be taken orally or by deposition, it shall make such order and decree in the premises, as to it may seem proper and equitaable, and may either increase or diminish the amount of damages assessed, or reject said petition altogether; and shall also make such order for the payment of costs as may be just and proper. It shall also order a conveyance of the land in controversy, to be made when the decree shall be complied with, on the part of the corporation. Whenever said order and decree shall be fully complied with on ers. the part and behalf of said corporation, it shall be possessed of the land in controversy, and may enter upon and take possession of, and use the same for the purpose of said road. Where a difficulty shall arise as to the value of materials which may be needed to construct said work, or the amount of damages done to land by the agents of the company passing through said land in collecting materials aforesaid, there shall be no appeal to the circuit court: but in case the parties or either of them, shall be dissatisfied, and it shall appear to the justice that it is right, and necessary to justice, he may set aside the first valuation, (Provided the same shall be done within three days after the said valuation,) and appoint five other commissioners to appraise and value to materials or damages last aforesaid, whose award in the premises shall be final, and who shall apportion the costs as may appear just, on one or both of the parties. In case any married woman, infant, idiot, or insane person, or nonresident of the state, who shall not appear after such notice, shall be interested in any such land or real estate, the circuit court, or justice of the peace, shall appoint some competent and suitable person, to appear before said commis sioners or said circuit court, and act for and in behalf of such married woman, infant, insane person, idiot, or nonresident of the state. SEC. 6. The said corporation is hereby authorised and Further pow- empowered to regulate the time and manner in which goods, passengers and property shall be transported, taken and carried on said rail road or track way, and shall have power to erect and maintain toll houses, and other building necessary for the accommodation of their concerns, and from time to time, fix, regulate, demand and receive the tolls and charges by them to be received, for transportation of persons or property, on said single or double rail road or way, or said single or double track way. structing. SEC. 7. If any person or persons, shall wilfully do or cause to be done, any act or acts whatsoever, whereby any Penalty for ob- building, construction, or work of the said corporation, or any engine, machine or structure, or any matter or thing pertaining to the same, shall be stopped, obstructed, impaired, weakened, injured, or destroyed, the person or persons so offending, shall forfeit and pay to the said corporation, treble the amount of damages sustained by means of such offence or injury, to be recovered in the name of said corporation, with costs of suit, by action of debt, and shall likewise be subject to be indicted for injuries and offences against the property of said corporation, as for injuries or offences done to the property of individuals. SEC. 8. Whenever it shall be necessary for the construc highway. Cross tion of the rail road or track way, to intersect or cross any stream of water or water courses, or any road or high way, Road to interbetween the places mentioned in the second section of this sect, or act, it shall be lawful for the corporation to construct said water course or rail road or track way, across or upon the same; but the corporation shall restore the stream or water course, road or highway, thus intersected, to its former state, or in a sufficient manner not to impair its usefulness. powers. SEC. 9. The corporation created by this act, under the Name and name and style of "The Bellville and Mississippi Rail Road style of corpoCompany," shall have the right to sue in any court of law ration-and or equity in the state, having jurisdiction of the case, and prosecute the same to judgment and recovery, and to defend when being sued, plead and be impleaded, both at law and in chancery, and shall be entitled to all the privileges and rights which such a corporation by statues or common law governing the case, ought and should of right have, and have a common seal, alter and change the same at their may pleasure. The whole stock of the corporation aforesaid shall be deemed personal property, and together with all tools, implements, machinery, and apparatus of every description, used, employed, or in hand and belonging to said company, and shall be liable to be seized, executed and sold, after judgment or decree, to make good any contract, agreement or stipulation, made by any agent, superintendent, or authorised person or persons, in the employ of said company: and it shall be a sufficient service of process or notice in all cases, to leave a copy of the same with the president of the board of directors, or the secretary of the company, or, in case of absence from the county of St. Clair, to leave a copy of the same at the office thereof. SEC. 10. The company aforesaid shall have power to Further pow make all the regulations and bye-laws requisite for the trans- powers. action of all business appertaining to their affairs, Provided such bye-laws and regulations are not in contravention of the provisions of this act, nor of the laws or constitution of the United States, nor of the state of Illinois. The corporation aforesaid, shall have power to negociate for a loan or loans, in aid of the purposes provided for in this act, to pledge their capital stock or other property for the security thereof, Provided that said loans do not exceed the amount of said capital stock. SEC. 11. The rail road, as aforesaid, shall be commenced at the town of Bellville, and may also be commenced at the Mississippi river, and made towards the centre of the route. A violation of any of the provisions of this charter, shall forfeit the same, to be determined in due course of law. The books provided to be opened by the fourth section of to open books, this act, shall be under charge of Wm. Kinney, James MitchCommissioners ell, Joseph Green, Charles Sargent, and Thomas Kimber, of and receive St. Clair county, who shall receive all subscriptions offered subscriptions. by bona fide male citizens of the county of St. Clair, of lawful age; Provided, that should a greater number than five hundred shares be subscribed, as aforesaid, the said commissioners shall reduce the number, to be allotted to each subscriber, so that not less than one share shall be appointed to each; Provided, also, that if a greater number of shares is subscribed for by a less number of persons than five hundred, then the said commissioners shall reduce the shares pro rata. APPROVED, Dec. 28, 1835. force Feb. AN ACT to incorporate the Pekin, Bloomington and Wabash 16, 1836. Rail Road Company. ed, &c. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That William Brown, Incorporation. John W. Casey, Benjamin Kellogg, Philip Flagler, Samuel P. Bailey, Robert Stuart, James Allen, J. W. Fell, Samuel McRoberts, M. L. Covell and William Fithian, their associates, successors and assigns, be, and they are hereby created a body politic and corporate, under the name of the Pekin, Bloomington and Wabash Rail Road Company, and by that name shall be, and hereby are made capable in law Sue and be su- to sue and be sued to final judgment and execution, plead and be impleaded, defend and be defended, in any court of record, or in any other place whatever; to make, have and Common Seal. use a common seal, and the same to break, renew or alter at pleasure; and shall be, and hereby are 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 hereafter set forth; and the said company are hereby authorized and empowered to locate, construct and finally complete a rail road leading from Tremont, in Tazewell county, and passing through Bloomington, in M'Lean county, Extension of with the privilege of extending said road eastwardly to the state line, or at any point in a direction to unite with the Erie and Wabash canal at its termination on the Wabash river, in such manner and form as they shall deem to be most expedient; and for this purpose the company are authorized to lay out their road not exceeding six rods wide through the whole length, and for the purpose of cutting embankments and procuring stone and gravel, may take as Powers of said Road. |