Damage to property of infants, &c., how ascertain ed. Intersections. Proviso. Penalty. Loans. Kepairs. lands and property, and entitled to the use of the same for the purposes aforesaid. § 8. any When the lands or any other property or estate of other married woman, infant or person non compos mentis, shall be necessary for the construction of the said railroad or its appendages, the husband of such married woman, or the guardian of such infant or person non compos mentis, may release all damages in relation to the land, property or estate to be taken and appropriated as aforesaid, as fully as they might do if the same were holden in their own right, respectively; or the husband or guardian of any such person [whose property] shall be taken as aforesaid, may appear and act for and in their behalf in obtaining an assessment of the damages to the same under this act, and in case any such infant or person non compos mentis, whose property may be taken as aforesaid, shall be without dian, the judge of the circuit or county court, as the case may be, shall have power to appoint a guardian ad litem to act in behalf of such person. guar § 9. Whenever it shall become necessary, under this act of incorporation, for the construction of a single or double track railroad, as herein authorized, to intersect or cross any stream of water or any public road or highway, it shall be lawful for the said corporation to construct or cross the same: Provided, that the said corporation shall restore such stream or water course or public road or highway, thus intersected, to its former state, or in a sufficient manner not to materially impair its usefulness. § 10. If any person or persons shall wilfully or negligently do, or cause to be done, any act or acts whatever whereby the said road, or any part thereof, or any building, construction or work of said corporation, or any engine, machine or structure, or any matter or thing appertaining to the same, shall be stopped, obstructed, weakened or impaired, injured or destroyed, the person or person so offending shall forfeit and pay to said corporation treble the amount of the damages sustained by reason of such offence, to be recovered, with costs of suit, in the name of said corporation, by action of debt; and such offender or offenders shall also be deemed guilty of a misdemeanor, and be subject to indictment and punished as in other cases. § 11. For the purpose of facilitating the construction of said railroad authorized by this act, the said corporation is and shall be permitted to negotiate a loan or loans of money, to the amount of its capital stock, and to pledge all of its property, real and personal, and all of its rights, credits and franchises, for the payment thereof. § 12. It shall be the duty of the corporation hereby created, when the railroad contemplated by this act shall have been completed, to keep and maintain the same in good condition and repair; and whenever, from any cause whatsoever, the same shall become injured or out of repair, the said corporation shall immediately proceed to repair the same. § 13. This act shall be deemed and considered a public act, and shall be favorably construed for all purposes herein expressed in all courts and places whatever. APPROVED Feb. 15, 1851. AN ACT to continue the charter of the Alton, Mount Carmel and New Albany Rail- In force Februaroad Company. ry 17, 1851. 6 Whereas by the act of the general assembly, approved Preamble. February 12th, A. D. 1849, it is provided, in the following words, to wit: "That the Mount Carmel and New Albany Railroad company, incorporated by the legislature of the state of Indiana, and the Mount Carmel and Alton Railroad company, incorporated by the legislature of the state of Illinois, be and the same are hereby united, and shall hereafter form and constitute one company, to be known as the Alton, Mount Carmel and New Albany Railroad company," &c.; and whereas the directors of the said company did, in accordance with the said act, meet at Mount Carmel, on the first Monday in June, A. D. 1849, and made and entered into an agreement whereby the aforesaid companies, commonly called the Southern Cross Railroad of Indiana and Illinois, were united into one company, by the name and style of the "Alton, Mount Carmel and New Albany Railroad company," and elected directors and officers of said company; therefore, SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the acts and doings of the said directors in and about the said Acts ratified. agreement for the union of the said Mt. Carmel and New Albany and the Mt. Carmel and Alton railroad companies, be and the same are hereby ratified and confirmed. § 2. That the act entitled "An act to incorporate the Act revived. Mount Carmel and Alton Railroad company," approved January 18, A. D. 1836, together with all acts amending, renewing, revising and extending said act of incorporation, be and the same are hereby reenacted, renewed, revived, and extended, and the times allowed, authorized and provided therein for the commencement, completion and continuance of said railroad, shall be severally computed from the date of the passage of this act. ed. Proviso repeal-§ 3. That the proviso contained in the fourteenth section of the act incorporating the Mount Carmel and Alton Railroad company, approved January 18, A. D. 1836, be and the same is hereby repealed. Section amended. Proviso. Authority to § 4. That section five of an act entitled "An act to amend the act to continue the Mount Carmel and Alton Railroad company," approved February 12, A. D. 1849, be and it is hereby so amended that whenever the president and a majority of the board of directors of said company shall make application to the judges of the county courts of the several counties named and provided in said section, that the said judges of the county courts are hereby authorized, and it is hereby made their duty, to order a special election for the purposes named in said section, giving twenty days' notice of said election: Provided, that such election shall only be ordered upon the petition of one hundred voters in the county in which such election shall be held. § 5. That the said "Alton, Mount Carmel and New borrow money. Albany Railroad company" is hereby authorized, and it shall be their duty, to borrow money for the purpose of aiding in the construction of said railroad, and for that purpose shall issue bonds, to bear an interest not exceeding cight per cent. per annum ; and the payment of said bonds shall be secured by a lien on said railroad and its appendages, and the franchises and property of said corporation; and all sales of the bonds or other obligations of said company, for a less amount than their par value, shall be as good, valid and binding upon said corporation as if the same were sold for their full par value; and all the powers and regulations contained in this section shall extend and apply to all incorporated cities and towns, and also to all counties that may hereafter borrow money and issue their bonds or other obligations for the same, for the purpose of aiding in the construction of said railroad, by subscribing for shares of the capital stock or for the purpose of loaning such borrowed sums of money to said railroad company for said purpose. Branches. Union with other roads. § 6. Be it further enacted, That said company be and are hereby authorized to construct a branch of said railroad to Illinoistown, on the east bank of the Mississippi river, opposite St. Louis, and also another branch thereof to Shawneetown, in Gallatin county. § 7. Said company shall have power to unite its railroad with any other railroad now constructed or which may hereafter be constructed, either in this state or in the state of Indiana, upon such terms as may be mutually agreed on by the companies so connecting, and for that purpose full power is hereby given to said company to make and execute such contracts with any other company as will secure the objects of such connection. § 8. This act to take effect and be in force from and after its passage. AN ACT for the relief of Strother B. Walker. In force Februa ry 17, 1851. Preamble. Whereas the said Walker was on the bond of one Edmund AN ACT to amend an act entitled an act to incorporate the town of Petersburgh. In force Febru ary 17, 1851. ordinances. SECTION 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That the eighth and eighteenth sections of the act to which this is an Offences against amendment, be so amended that jurisdiction be and hereby is given to any justice of the peace of the county of Menard, upon complaint made to him, to issue his warrant for the immediate arrest and trial of all offenders against the ordinances of said town of Petersburgh lawfully made, and upon conviction of any such offenders, the said justice of the peace shall have power to order him to be committed to the county jail until the fine and costs against him assessed shall be fully paid or replevied according to law: Provided, Proviso. all such trials shall be conducted in all respects in the same manner and under the same regulations as other criminal Ordinances. Proviso. cases of a similar nature, and subject to an appeal to the circuit court of Menard county, as by law provided in cases of breaches of the peace. § 2. The trustees of the said town of Petersburgh are hereby authorized to pass all such ordinances as may be necessary and proper to carry out the powers conferred upon them by their original charter, and by the first section of this act: Provided, said ordinances be not contrary to the constitution of this state or of the United States. APPROVED Feb. 17, 1851. In force Feb.17, 1851. authorized. AN ACT to amend the charter of the City of Alton. SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the Issue of bonds Corporate authorities of the city of Alton be and they are hereby authorized to issue bonds of the city of Alton, pledging for the security of the payment of the same the revenue which may be derived from the public landing of the city of Alton, under the ordinances which may be passed by said city concerning said public land: Provided, the amount of said bonds shall at no time exceed in the aggregate the sum of fifty thousand dollars, nor bear a greater rate of interest than eight per cent. per annum: And proFurther proviso. vided, further, such bonds shall in no case be issued except to pay for the improvements made or labor expended upon said public landing, under contract made with said city. Proviso. Copy of records. Affidavit. § 2. The common council of the city of Alton are hereby authorized to cause to be copied from the recorder's office of Madison county all the deeds, mortgages and other writings recorded in said county of Madison, concerning or affecting any real estate situate in said city of Alton; and said common council may employ the recorder of the city of Alton, or some other competent person, to copy said deeds, mortgages or other writings into a well bound book, to be provided for that purpose; and the person so appointed shall have access to the books of record of Madison county, for the purpose of making the copy aforesaid, free of charge. § 3. When the deeds, mortgages and other writings aforesaid shall be copied, the recorder of Madison county shall assist in comparing said copies with the records thereof; and after the correction of all errors, if any, the person so employed, and the recorder of Madison county, shall make and sign an affidavit, certifying that said copy has been truly and correctly made from the records of said |