Boards to be kept up.

toxication.

it shall have crossed said road or street, under a penalty of fifty dollars for every neglect, to be paid by the corporation owning the railroad, one half thereof to go to the informer, and the other half to the state, and also be liable for all damages which shall be sustained by any person by reason of such neglect.

§ 39. Every such corporation shall cause boards to be placed, well supported by posts or otherwise, and constantly maintained across each public road or street, where the same is crossed by the railroad on the same level. Said boards shall be elevated, so as not to obstruct the travel, and to be easily seen by travellers; and on each side of said boards shall be painted in capital letters, of at least the size of nine inches each, the words "Railroad crossing-look out for the cars while the bell rings, or the whistle sounds." But this section shall not apply to streets in cities, or villages, unless the corporation be required to put up such boards, by the officers having charge of such streets.

§ 40. If any person shall, while in charge of a locomoPenalty for in- tive engine running upon the railroad of any such corporation, or while acting as the conductor of any car or train of cars on any such railroad, be intoxicated, he shall be deemed guilty of a misdemeanor.

Penalty for in

jury to company.

recovered.

§ 41. If any person shall wilfully do, or cause to be done, any act or acts whatever whereby any building, construction, or work of any such corporation, or any engines, machine or structures, or any matter or thing appertaining to the same, shall be stopped, obstructed, impaired, weakened, injured, or destroyed, the person or persons offending shall be guilty of a misdemeanor, and shall forfeit and pay to the said corporation, treble the amount of damages sustained by means of such offence.

§ 42. All penalties imposed by this act may be sued for Penalties, how by the district attorney, and in the name of the people of the state of Illinois; and if such penalty be for a sum not exceeding one hundred dollars, then each suit may be brought before a justice of the peace.

Map and profile.

Certificate.

To commence

§ 43. Every such corporation shall, within a reasonable time after the road shall be located, cause to be made—

1st. A map and profile thereof, and of the land taken or obtained for the use thereof, and file the same in the office of the secretary of state; and also like maps of the parts thereof located in different counties, and file same in the office for recording deeds in the county in which said parts of said road shall lie, there to remain as of record forever. 2d. A certificate, specifying the line upon which it is proposed to construct the railroad and the grades and

curves.

§ 44. If any such corporation shall not, within five road. years after its incorporation, begin the construction of its

and complete

road and expend thereon ten per cent. on the amount of its capital, and finish the road and put it in full operation in ten years thereafter, its act of incorporation shall become void.

§ 45. All existing railroad corporations within this state Existing corposhall respectively have and possess all the powers and priv- rations. ileges, and be subject to all the duties and liabilities and provisions contained in this act, so far as they shall be applicable to their present conditions, and not inconsistent with their several charters, and all railroad companies that are now constructing their roads may acquire title to lands. necessary for that purpose under the provisions of this act. § 46. This act shall take effect and be in force from and after its passage.

APPROVED November 5, 1849.

AN ACT supplemental to an act entitled "An act to provide for a general system in force Nov. 6, of railroad incorporations "

1849.

SECTION 1. Be it enacted by the People of the State of stock may be Illinois, represented in the General Assembly, That when- subscribed. ever the citizens of any city or county in this state are desirous that said city or county should subscribe for stock in any railroad company already organized or incorporated, or hereafter to be organized or incorporated under any law of this state, such city or county may, and are hereby, authorized to purchase or subscribe for shares of the capital stock in any such company, in any sum not exceeding one hundred thousand dollars for each of such cities or counties; and the stock so subscribed for or purchased, shall be under the control of the county court of the county or common council of the city making such subscription or purchase, in all respects as stock owned by individuals.

§ 2. That for the payment of said stock, the judges of May borrow the county court of the county, or the common council of money. the city making such subscription or purchase, are hereby authorized to borrow money at a rate not exceeding ten per cent. per annum, and to pledge the faith of the county or city for the annual payment of the interest, and the ultimate redemption of the principal, or if the said judges or common council should deem it most advisable, they are hereby authorized to pay for such subscription or purchase Bonds may be in bonds of the city or county, making such subscription to be drawn for that purchase, in sums not less than fifty dollars, bearing interest not exceeding ten per centum per annum: Provided, that no bond shall be paid out at a rate less than par value.

issued.

Bonds receivabie.

Vote to be tзken.

Notice.

§ 3. The railroad companies already organized or incorporated, or hereafter to be organized or incorporated under the laws of this state, are hereby authorized to receive the bonds of any county or city becoming subscribers to the capital stock of such company, at par, and in lieu of cash, and to issue their bonds, bearing interest not exceeding ten per centum per annum for any moneys by them borrowed for the construction for their railroad and fixtures, or for the purchase of engines and cars, and for such purpose may dispose of any bonds by them received as aforesaid. § 4. No subscription shall be made, or purchase or bond issued, by any county or city under the provisions of this act, whereby any debt shall be created by said judges of the county court of any county, or by the common council of any city, to pay any such subscription, unless a majority of the qualified voters of such county or city, (taking as a standard the number of votes thrown at the last general election previous to the vote had upon the question of subscription under this act for county officers,) shall vote for the same; and the judges of the county court of any county, or the common council of any city, desiring to take stock as aforesaid, shall give at least thirty days' notice, in the same manner as notices are given for election of state or county officers in said counties, requiring said electors of said counties or said cities to vote upon the day named in such notices, at their usual place of voting, for or against the subscription for said capital stock which they may propose to make, and said notices shall specify the company in which stock is proposed to be subscribed, the amount which it is proposed to take, and the time which the bonds proposed to be issued are to run, and the interest which said bonds are to bear; or in case it is proposed to borrow money to pay such subscription, then the notices shall state the terms upon which such loan is to be effected; and the opinion of the electors shall be expressed upon their ballots "for subscription," or "against subscription," and counted and returned by the judges and clerks of elections as in other cases; and if a majority of the voters of said county or city, assuming the standard aforesaid, shall be in favor of the same, such authorized subscription or purchase, or any part thereof, shall then be made by said judges or common council. In case any election had under this act is held upon a day of a general election, then the number of votes thrown at such general election for county officers shall be the standard of the number of qualified voters as aforesaid. No bonds shall be issued under the provisions of this act by any county or city, excepting for the amounts required to be paid at the time of subscription, and for the amounts of and at the time when assessments upon all the stockholders

of said company shall be regularly assessed and made pay

able.

§ 5.

sage.

This act shall take effect from and after its pas

APPROVED November 6, 1849,

AN ACT to authorize the formation of navigation and manufacturing companies on In forte Jan. 5, the Little Wabash and Saline rivers, and other navigable streams susceptible of slack-water navigation.

1860.

SECTION 1. Be it enacted by the People of the State of Corporation. Illinois, represented in the General Assembly, That any number of persons, not less than twenty-five, being the subscribers to the stock for the improvement of the navigation of the Little Wabash or Saline river, or any other navigable stream susceptible of slack-water navigation, the creation of water power on either of said streams, and the building and erecting mills and machinery of all kinds, on or near said streams, in the way deemed best for the public. good, may be formed into corporations for the purpose aforesaid, upon the complying with the following requirements: When stock to the amount of ten thousand dollars Am't of stock. for every dam and locks intended to be built for the improvement of such navigation, shall be subscribed in good faith, then the subscribers may elect directors for the said company, and thereupon the subscribers shall severally subscribe articles of association, in which shall be set forth, Articles of asthe name of the corporation; the number of the years same is to continue-which shall not exceed fifty years-the names of five commissioners to open books of subscription to the stock; the amount of the capital stock of said company; the number of dams, locks, tow-paths, and other devices for the improvement by slack-water navigation of such portion of either of said streams as may be selected by such company or companies; the number of directors, and their names, who are to manage the operations of the company, and hold their offices until their successors are elected; the place or places at which the improvements are to be constructed, and the signing by the subscriber his name, place of residence, and number of shares taken by him.

sociation.

Articles to be

§ 2. After the payment of ten per cent. on the amount of stock subscribed thereto shall have been made in cash, filed. to the directors named therein, which shall be indorsed thereon by the directors, and verified by the affidavit of three of such directors, the articles of association shall be filed in the office of the secretary of state, and a certified copy thereof shall be presumptive evidence of the incorporation of such company under the provisions of this act.

Corporate pow

ers.

May improve streams.

Books to be opene J.

rectors.

§ 3. When the articles of association shall be filed as aforesaid, the persons who shall have signed and acknowledged the same, and their successors, shall be a body politic and corporate, by the name specified in such articles of association, and may make and use a common seal, make by-laws for the regulation of its officers and business, make contracts, sue and be sued, buy and sell, hold and convey such real and personal estate as may be necessary to carry out the purposes of the company.

§ 4. The said company or companies shall have power to improve as aforesaid the navigation of said streams, or either of them, or so much of either of them as selected by any association or company formed under this act, by the construction of dams, locks, tow-paths, and such other devices as it or they may deem necessary to make slack-water navigation upon the streams aforesaid, or upon either of them, or upon such parts as may be selected by such company or companies; and shall have power to erect mills, buildings, mechanical or manufacturing works, in connection with the use of the water power so created, in any way consistent with the improvement of the navigation of said

streams.

§ 5. The capital stock of any association formed under this act, shall be divided into shares of fifty dollars each, the whole of which shall be the amount to be employed in the purposes aforesaid, not exceeding in any one company the sum of two hundred thousand dollars. The said capital stock shall be considered as personal property, and the same may be transferred in such way as the articles of association shall prescribe.

§ 6. Books for the subscription of the capital stock of companies formed under this act, shall be opened by the companies at such times and places, upon notice given, as a majority of the directors prescribe from time to time. The one tenth of the capital stock subscribed shall be paid in cash, at the time of the subscription, and the residue at such times and in such instalments as the board of directors may prescribe; and unless such instalments are paid as called for in the manner aforesaid, the stock so subscribed shall be forfeited.

Election of di- § 7. As soon as practicable after such capital stock shall [have] been subscribed as aforesaid, the commissioners appointed to take subscription shall appoint a time and place for the meeting of the stockholders to choose directors. Such meeting shall be held at or near the contemplated work, and notice thereof shall be publicly given in some public paper most convenient to such place, at least twenty days previous to such meeting. Seven directors shall be chosen at such meeting by the stockholders, or a majority thereof, being citizens of the United States and present in