cents, and for any shorter distance, in proportion: Provi- Proviso. § 4. This act shall be in force from and after its passage. APPROVED February 15, 1851. AN ACT to change the name of Henry Sherman to Henry S ch waka. In force Februa ry 15, 1851. SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the name of Henry Sherman, of the county of Clinton, be and Change. the same is hereby changed, for all purposes whatsoever, to that of Henry Schwaka. § 2. This act to be in force from and after its passage. APPROVED Feb. 15, 1851. AN ACT to construct a railroad from Jacksonville, in Morgan county, to Alton, in In force Februa Madison county. ry 15, 1851. SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That Phillip Coffman, David A. Smith, David M. Woodson, Alfred Corporation. W. Cavarly, Alexander B. Morean, Willian B. Warren, A. C. Dickson, Samuel M. Prosser, W. S. Hurst, Murray McConnel, James Dunlap, Thomas Carlin and Edward Keating, and their associates, successors and assigns, are hereby created a body corporate and politic, under the name and style of the "Jacksonville and Carrollton Railroad Style. company," and by that name be and they 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 al General powers ter 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 the said company are hereby authorized and empowered to locate and construct and finally complete a railroad from the town of Jacksonville, in Morgan county, by the way of Manchester, in Scott county, Whitehall and Carrollton, in Greene county, passing through Jerseyville, Jersey county, to Alton, in Madison county; and for this purpose, said company are authorized, upon the most eligible and proper route, to lay out their said railroad wide enough for a single or double track, Right of way. through the whole length, and may enter upon and take a strip of land not exceeding one hundred feet in width; and for the purpose of cutting embankments, stone and gravel, may take as much more land as may be necessary for the proper construction of and security of said railroad: Provided, that nothing in this act shall be so construed as to prevent the corporation created by this act from uniting their road with the Alton and Sangamon railroad, at or near Brighton, in Macoupin county, upon such terms as may be agreed on between said companies; and if an arrangement be entered into by and between said companies, for the company hereby created to run upon and use the Alton and Sangamon railroad, from and near Brighton, the said company shall not be required to construct their road to Alton: Further proviso. And provided, further, that said company shall not be fully organized and be capable of constructing their said railroad, until one thousand dollars per mile of the stock of said company shall, in good faith, be subscribed, and ten per cent. thereof be paid, agreeable to the provisions of the act entitled "An act to provide for a general system of railroad incorporations," passed November 5th, 1849. Proviso. Capital stock. Directors. § 2. The capital stock of said company shall consist of five hundred thousand dollars, and may be increased to one million of dollars, to be divided into shares of one hundred dollars each. 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 hereinafter provided, who shall hold their office for one year after their election and until others shall be duly elected and qualified to take their places 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 to be the president of the company; that said board of diPower of direc-rectors shall have power to appoint all necessary clerks, secretary and other officers necessary in the transaction of the business of said corporation. Quorum. tors. Surveys. § 3. The said corporation is hereby authorized, by their agents, surveyors and engineers, to cause such examination Proviso. Damages. and surveys to be made of the ground and country between the points herein named 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 to enter upon and take possession Right of way. 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 and taken possession 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 thereof by the use of the same for the purposes of the said railroad; 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 for taking lands for the construction of public roads, canals and other public works, as prescribed in the act concerning right of way, approved March 3, 1845. § 4. If any person shall wilfully, maliciously or wanton- Penalty. ly and contrary to law obstruct the passage of any car on said railroad, or any part thereof, or any thing belonging 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 company, for every such offence, treble the amount of damages that shall be proved before competent court has been sustained, and be sued for in the name and behalf of said company; and such offender or offenders shall be deemed guilty of a misdemeanor, and shall be liable to indictment, in the same manner as other indictments are found, in any county or counties where such offence 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 indictment may be found. § 5. The time of holding the annual meeting of said Election of dicompany, for the election of directors, shall be fixed and determined by the by-laws of said company; and at all meetings each stockholder shall be entitled to a vote in person, or by lawful proxy, one vote for each share of stock he or she or they may hold, bona fide, in said company. rectors. § 6. The persons named in the first section of this act Commissioners. are hereby appointed commissioners, who, or a majority of whom, are hereby authorized to open subscription books for said stock, at such places as they may deem proper. The said commissioners shall require each subscriber to pay five Subscriptions. dollars on each share subscribed, at the time of subscribing; 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 some newspaper printed in the county of Morgan; 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 commissioners shall deliver said subscription books, with all sums of money received by them as commissioners, to said directors. No person shall be a director in said company unless he shall own at least five shares of the capital stock. § 7. That the right of way and the real estate purchased Right of way and real estate. for the right of way by 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 company in fee simple. Rates of toll. By-laws. Additional stock. Vacancies. § 8. The said corporation may take and transport upon said 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 directors shall from time to time establish; and the directors are hereby authorized and empowered to make all necessary rules, by-laws, regulations 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 transfer and assignment of its stock, which is hereby declared personal property and transferable in such manner as shall be provided for by the by-laws and ordinances of said corporation. § 9. The directors of said company, after the same is organized, shall have power to open books, in the manner prescribed in the sixth section of this act, and to fill up the additional five hundred thousand dollars of stock, or any part thereof, at such times as they may deem it for the interest of said company; and all the instalments required to be paid on the stock originally to be taken, and what may be taken to increase said capital shall be paid at such times and in such sums as said directors may prescribe. § 10. In case of the death, resignation or removal of the president, vice 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 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 exercise such powers and functions as the bylaws of the said corporation may provide. In case it should at any time happen that an election shall not be held on any day on which, in pursuance of this act, it ought to be held, the said corporation shall not for that cause be deemed dissolved, but such election shall be held at any other time directed by the by-laws of said corporation. fants, &c., how § 11. That when the lands of any feme covert, persons Damages to inunder age, non compos mentis, or out of this state, shall be determined. taken in the construction of said railroad, as is provided by this act, the said corporation shall pay the amount that shall be awarded as due to the said last mentioned owners, respectively, whenever the same shall be lawfully demanded. That to ascertain the amount to be paid to the persons named in this section for lands taken for the use of said corporation, it shall be the duty of the judge of the first judicial circuit, upon notices given to him by the said corporation, to appoint three commissioners, to be persons not interested in the matter, to determine the damages which the owner or owners of the land or real estate so entered. upon by the said corporation, has or have sustained by the occupation of the same; and it shall be the duty of said commissioners, or a majority of them, to deliver to said corporation a written statement of the awards they shall make, with a description of the land or real estate appraised, to be recorded by the said corporation in the clerk's office in the county in which the land or real estate so appraised shall be, and then the said corporation shall be deemed to be seized and possessed of the fee simple of all such lands or real estate as shall have been approved by the said commissioners. § 12. That whenever it shall be necessary for the con- Water courses struction of said railroad to intersect or cross any water and highways. course or any road or highway lying between the points aforesaid, it shall be lawful for the corporation to construct their railroad across or upon the same: Provided, that the Proviso. corporation shall restore the water course, or road, or highway, thus intersected, to its former state, or in a sufficient manner not to have impaired its usefulness. § 13. That the capital stock of said company may be Increase of capincreased from one million dollars to one million five hun- ital stock. dred thousand dollars, from time to time, by new subscriptions, if such increase shall be found necessary to fulfil 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 manner as the said corporation shall, by its by-laws, prescribe. § 14. That it shall be lawful for the directors to require Payment of payment of the sums subscribed to the capital stock, at stock. such times, and in such proportions, and on such conditions, as they shall deem fit, under the penalty of the forfeiture of |