dies.

tees.

trustees shall have power to call special meetings of said trustees, and it shall be his duty, upon the request of three of them, to do the same, giving ten days' notice thereof. § 9. The trustees of the corporation shall have author- Course of stuity, from time to time, to prescribe and regulate the course of studies to be pursued in said institution, to fix the rate of tuition, room rent and other expenses connected therewith; to appoint instructors, and such other officers and Power of trusagents as shall or may be needed in managing the concerns of said institution; to define their powers, duties and employments; to fix their compensation; to displace or remove either of the instructors, officers and agents; to erect the necessary buildings; to purchase books, chemical, astronomical, philosophical and mathematical apparatus, and other suitable means for instruction; to make rules for the general management of the institution, and the regulation of the conduct of the students, and to add, as the ability of the said corporation shall increase, and the interest of the community shall require, additional departments for the study of any or all of the liberal professions. Females as well as males may be taught in said seminary, and a department expressly for the education of females may be attached thereto, whenever the trustees, in their discretion, may so direct. And the said trustees may also attach to said institution a department for such branches as are taught in common schools; and where such departments shall be in operation in conformity with the school laws of this state, and the trustees shall be entitled to draw their proportion of the school fund for such scholars as may attend the same belonging to the township where said seminary may be located.

of trustees.

Members not to

§ 10. The trustees of said institution shall be accoun- Accountability table at all times for their conduct in the management of the business aforesaid, to the general assembly of the state. § 11. Professors, tutors or instructors in said seminary, be trustees. shall in no event belong to the board of trustees. This act to take effect from and after its passage. APPROVED Feb. 15, 1851.

AN ACT to incorporate the Warsaw and Macomb Railroad Company.

In force Feb.15, 1851.

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That all persons who shall become stockholders pursuant to this act, Corporation. shall be and they are hereby constituted a body politic and corporate, by the name of the "Warsaw and Macomb

General powers.

person to man

Railroad company," and by that name shall have perpetual succession, and have power to contract and be contracted with, sue and be sued, plead and be impleaded, in all courts and places, have a common seal, and alter the same at pleasure, and shall have power to make by-laws, not inconsistent with the laws of this state or of the United States.

§ 2. The said company hereby incorporated may apAppointment of point any one or more of its members, or other person or age business. persons, to manage, control and direct the business and operations of said company, according to such by-laws, rules and regulations of said company as may be passed by them from time to time, not inconsistent with law as aforesaid.

Object of corporation.

Right to use road commenced by state.

§ 3. The said company are hereby authorized to construct and maintain a railroad from the town of Warsaw, in Hancock county, by Carthage and Macomb, on the track of the Peoria and Warsaw railroad, to Canton, terminating at said Canton, in Fulton county, or at such point on such route between said points as a majority of the directors of said company shall determine, to transport, carry and convey persons and property upon the same, by the power and force of steam, of animals or any mechanical power.

§ 4. It shall be lawful for said company to take possession of such road or parts of said railroad as have been heretofore commenced on said route by the state, and to construct their road thereon, and the said company is hereby authorized to sue for and receive all damages, if any, that may be done or may have been done to said road; and on the completion of said road, or any part thereof, by the said company, all the interest, property, right of way and every privilege belonging to the state in the same, shall be vested in, and ever after such completion as aforesaid, become the property of said company. Said completion to be ascertained by the report of some engineer, made under oath to the governor; which report shall be filed by him in the auditor's office of this state.

§ 5. John F. Charles, William H. Roosevelt, William Commissioners. H. Ralston and Artois Hamilton, of Hancock county; and

Thompson Chandler, Hugh Ervin and Isaac Grantham, of McDonough county; Thompson Maple and John W. Ingersoll, of Fulton county, are hereby appointed commissioners, whose duty it shall be, within six months after the passage of this act, at some suitable place in the towns of Warsaw, Carthage, Macomb, and in such other places as a majority of them shall direct, to open books and receive Subscriptions. subscriptions to the capital stock of said company, in shares of one hundred dollars each, after giving thirty days' notice of the time and place of opening such books; and the said commissioners shall be authorized to re-open said books at such other times and places, and in such manner and after such notice as they or a majority of them shall

direct; and whenever the sum of one hundred thousand dollars capital stock shall be subscribed, it shall be the duty of said commissioners to give thirty days' notice in some newspaper or newspapers, for a meeting of the stockholders, at such time and place as a majority of said commissioners may appoint, to choose five directors; each share Directors. of the capital stock entitling a stockholder to one vote, which vote may be given in person or by proxy. The said commissioners to conduct the first election, to certify under their hands the names of the five persons thus elected, and deliver over the subscription books to the said directors; and the time and place of holding the first meeting of the directors shall be fixed by the said commissioners.

tors.

§ 6. The directors are hereby authorized to make or Power of direccause to be made such examinations and surveys on the aforesaid railroad route as they shall deem necessary and proper, for the purpose of carrying into effect the object of said corporation, and to take possession of and use such portions of the old railroads belonging to the state, in conformity to section four hereof, and may also take and hold all voluntary grants and donations of land, money or labor to aid in the construction, maintenance and accommodation of their said railroad; and all lands entered upon and taken for the use of said corporation, outside of the old railroad route as aforesaid, which are not donated by the owners thereof to said corporation, shall be paid for by the said corporation, at such price as may be mutually agreed upon by 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 by law for the recovery of damages happening by the laying out of highways.

§ 7. It shall be lawful for the company hereby incorpo- Tolls. rated, from time to time, to fix, regulate and recover the tolls and charges by them to be received for transportation of property or persons on the railroad aforesaid hereby authorized to be constructed, erected, built, made and used, and apply its surplus funds to such purposes as the company may think proper.

§ 8. It shall be lawful for the directors to require pay- Payment of sukment of the capital stock subscribed, in such sums, at such scriptions. times and in such proportions, and on such conditions, as they shall see fit, under the penalty of the forfeiture af all previous payments thereon; and shall give notice to the stockholders of the payments thus required, and of the place where and when the same are to be paid, at least thirty days previous to the payment of the same, and to authorize the subscription books of said company to be reopened, at such times and places as they may determine, for the further increase of their capital stock.

Penalty.

Limitation.

§ 9. If any person or persons shall wilfully, maliciously or wantonly, and contrary to law, obstruct the passage of any car on said railroad, or any part thereof, or any thing belonging thereto, he, she or they, or any person assisting, shall forfeit and pay to the company, for every such offence, treble such damages as shall be proved before any court competent to try the same, and such offender shall be deemed guilty of a misdemeanor, and liable to indictment and imprisonment in the county jail not exceeding two years; and in consequence of any such obstruction should any person or persons be badly injured, then such offender shall be deemed guilty of manslaughter, and, upon conviction thereof, punished by confinement in the peniteniary as provided by law.

§ 10. The said company is allowed two years to commence said road in, and five years to complete the same, from the passage of this act.

§ 11. This act to be in force from and after its passage. APPROVED Feb. 15, 1851.

In force Feb.15, 1851.

to Wm. J. Stephenson.

AN ACT for the relief of a certain person therein named.

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the Appropriation auditor of public accounts be and he is hereby authorized and required to issue his warrant in favor of William J. Stephenson, for the sum of one hundred and fourteen dollars and eighty cents, for his services as clerk of the district court held at Metropolis, in Massac county, on the nineteenth day of September, A. D. one thousand eight hundred and forty-nine, in pursuance of a proclamation issued by the governor of this state; and the treasurer is hereby required, upon the presentation of said warrant, to pay the same out of any money in the treasury not otherwise appropriated.

§ 2. This act shall be in force from and after its passage.

APPROVED Feb. 15, 1851.

1851.

AN ACT to amend an act to incorporate the Spoon River Navigation company, ap- In force Feb.15, proved March 3d, 1837; also the act entitled "An act to amend an act entitled An act to incorporate the Spoon River Navigation company,' approved February 28th, 1845."

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the third section of the act entitled "An act to amend an act Part of act repealed. entitled 'An act to incorporate the Spoon River Navigation company,' approved February twenty-eighth, one thousand eight hundred and forty-five," be and the same is hereby repealed.

§ 2. The said company shall be permitted to commence Point of comthe improvement of said Spoon river, for the purpose of mencing work. making the same navigable, as contemplated by the said company's charter, at any point the said company shall deem proper, and shall also have the right to procure from the owner or owners of any lands adjoining or in the vicinity of said river, by purchase or gift, or as provided by their charter, the right of way for any canal, cut or exca-Right of way. vation, for the purpose of shortening the distance, or rendering their project more feasible; and in all cases where the lands belong to the state denominated "swamp or overflowed land" the right of way is hereby granted to said company of the width of one hundred feet, for the purpose of cutting any such canal, or making any such excavations for the use of said company: Provided, that in all cases Proviso. where such state land is taken by said company, a survey thereof shall be made, and certified by a practical surveyor, signed by two or more of the directors of said company, and filed in the office of secretary of state.

canal.

§ 3. The said company shall have the right to cut, make Right to make and construct a canal, commencing at any point on said Spoon river, below the town of Bernadotte on said river, and to continue the same, or part or parts thereof, to the Illinois river, above or below the (now) junction of Spoon river and Illinois river, at any point that the said company shall deem for their interest or for the public good, and construct all necessary basins or work necessary for the safety of boats and for the protection of their works.

§ 4. Said company may regulate and provide, in their By-laws. by-laws, for the election of officers, their terms of service, fix their remuneration, and fill vacancies, and all such other matters as shall be necessary for the government of said company and protection of their property: Proved, the Proviso. same shall not conflict with the constitution or laws of the United States or of this state; and any person or persons who shall wilfully obstruct the navigation of said Spoon river, or any canal belonging to said company, or wilfully injure any lock, dam, appendage, or any other property or thing belonging to said company, or connected with the