Survey and location.

Directors.

Election of.

rectors.

§ 5. Said corporation shall have full power, from time to time, to examine, survey and locate the route of said plank road, commencing within or immediately adjoining said town of Griggsville, and running along the best ground for the interest of the company and convenience of the public, to some point or points on the bank of the Illinois river, in the county of Pike. Said road not to exceed eighty feet in width.

§ 6. When the sum of two thousand dollars is subscribed for, it shall be the duty of the secretary of said corporation, or their president, in case there is no secretary, to give notice in the nearest newspaper, or by personal notice, to the subscribers to the stock of said company, of the time and place at which a meeting of the stockholders will be held for the purpose of the election of directors of said company, who shall be elected out of the stockholders of said company by said stockholders. The persons so elected shall be the board of directors of said company. The election shall be conducted in such manner as the persons named in this act as corporators shall direct, and each stockholder shall have a vote at such first election for each share of stock he shall own at the commencement of such election. At all future elections no person shall cast any vote in right of any stock which shall have been transferred to him within thirty days preceding such election. Votes

at such first, or any subsequent election, may be given in person or by proxy, in such manner as the by-laws shall Number of di- provide. The board of directors shall consist of five persons; they shall continue in office one year from the time of their election, and until their successors are elected, and a majority of them shall constitute a board competent to transact the business of the corporation; and shall have power to establish all by-laws necessary to carry out the objects of this act, not inconsistent with the constitution and laws of this state, for the government of said company, and to establish such rules for the government of themselves and the stockholders as they shall think best. The said directors shall elect a president from their number, and a secretary, who may or may not be a stockholder, but not a director, and shall have power at any time to fill vacancies in said offices; they may also, in their discretion, elect a treasurer, or require their secretary to act as treasurer of the company.

Vacancies.

Executive offi

cers.

Quorum.

Agents, &c.

§ 7. Said president and directors shall be the executive officers of said company; a majority of the board shall be a quorum for the transaction of business; they shall have full power to do every act and perform all the duties necessary to carry out the purposes for which the said company is created by this act; to appoint or employ such subordinate officers, agents and workmen as shall be necessary in

and about the construction and repair of said road and the business of said company; in the corporate name of said company to sue for and recover all sums of money due for stock, or on guaranties given therefor, or to provide for the forfeiture of said stock and all previous payments thereon, for non-payment of the instalments due on such stock; to acquire, in the name of said corporation, by purchase, gift or otherwise, all real estate necessary for the construction of said road, and of the necessary toll-houses thereon; to establish such toll-houses, toll-gates and other structures as they shall deem necessary in and about the business of said road; to contract with the board of supervisors of the county of Pike for the use of all or any part of any public highway in said county, upon which to construct said road; to take releases and conveyances from the owner or owners thereof of the necessary lands over which said road may pass. If said road shall be constructed over any public highway under and by virtue of any agreement made with the board of supervisors of the county of Pike, then, at the expiration of the corporate existence of said company, unless the said county of Pike shall renew said agreement, for the use of said highway, with said corporation, (if their charter is hereafter extended beyond the time limited in this act,) then said county of Pike shall pay to said company the worth of the plank superstructure of said road at the time of such expiration, to be determined by said county choosing one person, said company one other, and they two a third, to ascertain the worth of said superstructure. § 8. If owner of any which said compa- Damages. land any ny intends constructing any part of said road shall, from any cause, be incapable of selling the same, or if from any cause said company cannot agree with such owner for the purchase thereof, or if after diligently inquiry the name and residence of such owner cannot be ascertained, or if such owner does not reside in the state of Illinois, said company may present to the county judge of Pike county a pe- Legal proceedtition, setting forth the grounds of the application, a descrip- ings. tion of the lands in question, and the name and residence of the owner, if known, and the means that have been taken to ascertain the name and residence of such owner, if unknown, and praying that the damages of the owner of the lands described in the petition may be ascertained. Upon receiving such petition said judge shall appoint a time at some regular or special term of the county court for the hearing of such petition, and such proceedings shall be had thereupon as are prescribed for assessing damages in an act entitled "An act to provide for the construction of plank roads by a general law," approved 12th February,

1849.

upon

Toll-gates.

Tolls.

Penalty.

§ 9. As soon as said company shall have completed two miles of said road they may erect a gate or gates thereupon, at suitable distances apart, and demand and receive from persons travelling on said road the tolls allowed by this act; and as soon as said company shall have completed any further portion or all of said road they may erect all such gates as may be necessary, at suitable distances apart, and may demand and receive from persons traveling on said road the rates of toll fixed by this act. Said company is hereby authorized to charge toll for each mile of said road as is prescribed in an act entitled "An act to provide for the construction of plank roads by a general law," approved February 12, 1849.

§ 10. That if any person or persons shall wilfully and knowingly do any act or thing whatsoever whereby the said road or anything thereto belonging shall be injured or damaged, the person or persons so offending shall forfeit and pay three times the amount of damages sustained, with costs of suit, to be recovered in an action of debt on behalf of said company, before any court, either of record or not of record, having jurisdiction in cases of debt; and any person or persons who shall pass or attempt to travel along said road without paying the rates of toll authorized to be charged by this act, shall forfeit and pay three times the amount of the toll which he, she or they were liable to pay at the rates fixed by this act, which may be recovered by action of debt on behalf of said company, before any court, either of record or not of record, having jurisdiction thereof. This act to be deemed and taken to be a public act, and to be in force from and after its passage.

APPROVED Feb. 17, 1851.

In force February 17, 1851.

AN ACT to vacate an alley in Beardstown.

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the Alley vacated. alley running through the middle of block number fortyfive (B 45,) on the plat of Beardstown, in Cass county, be and the same is hereby vacated and annulled, and the ground over which the same passes may be resumed by the adjunct owners in just proportions to their respective interests. § 2. This act to be in force from and after its passage. APPROVED Feb. 17, 1851.

AN ACT authorizing James H. Hanchete to build a bridge across Rock river, at Ore- In force Februagon, Illinois.

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That James

ry 17, 1851.

H. Hanchete and his associates, their heirs and assigns, be Bridge authorauthorized to build a bridge across Rock river, at any point ized. on the town plat of the town of Oregon that he may select, in the county of Ogle, and state of Illinois.

§ 2. And the said James H. Hanchete, his associates Location. and assigns, and their heirs, are hereby authorized to construct said bridge below or on the dam now constructed across said river at said town of Oregon: Provided, if they Proviso. should construct the same on said dam they shall procure the right so to do from the proprietors thereof.

§ 3. And the said James H. Hanchete and his associates, Toll-gate. their heirs and assigns, are hereby authorized, after the completion of said bridge, to place a toll-gate at either end of the same, when he and they, or their heirs and assigns, may demand of every person passing on said bridge the Tolls. same rate of tolls as is now allowed for passing the ferry at said Oregon: Provided, said Hanchete, and his associates, Proviso. their heirs and assigns, may double the above rates from all persons passing said bridge after nine o'clock in the evening and before four o'clock in the morning.

§ 4. That the said James H. Hanchete, his associates, Repairs. their heirs and assigns, shall at all times after the completion of said bridge keep the same in good repair, and allow a speedy passage over the same; and if at any time the said bridge shall be out of repair so that the same shall be impassable for the space of six months at any one time, the said Hanchete and his associates, their heirs and assigns, shall lose all rights acquired by virtue of this act: Provi- Proviso. ded, that the destruction of the same by fire or water, or other casualty, shall not work such forfeiture, but the same shall be rebuilt or repaired as soon as practicable thereafter:

And provided, further, that if any person in crossing said Further proviso. bridge shall sustain any injury or damage, either to himself or his property, in consequence of said bridge not being kept in good repair, the proprietor thereof shall be responsible for the same.

§ 5. If any person or persons shall wilfully do or cause Penalty. to be done any injury to said bridge the person or persons so offending shall forfeit and pay to the proprietors thereof three times the amount of such injury, to be recovered before any justice of the peace or other court having jurisdiction of the same.

§ 6. The said bridge shall be deemed a public highway within the meaning of the laws providing for the punishment of persons injuring, obstructing or destroying public

bility.

highways or bridges in any manner or by any means what

ever.

Individual lia- § 7. The said James H. Hanchete, and his associates, their heirs and assigns, shall be liable in their private and individual property for any and all debts contracted for or on account of said bridge, to an amount equal to the stock so by him or them held, whether the said debts originated by contract or otherwise. The county court of Ogle county shall have the power, and it shall be their duty, at the March term thereof every year, to fix and establish the rates of toll for passing upon said bridge, and no greater sum or sums shall be taken or charged than thus allowed, any thing in this act to the contrary notwithstanding.

Restriction.

§ 8. The navigation of Rock river shall not be in anywise obstructed or delayed by the said bridge, and the said county court shall have the power of determining whether the erection of said bridge will have the effect of impeding the free navigation of Rock river, and have the power to prescribe such regulations as they may deem proper to prevent such obstruction.

APPROVED Feb. 17, 1851.

In force Febru- AN ACT to incorporate the Hennepin Union Seminary, in the town of Hennepin, ary 17, 1851.

Corporation.

Style.

Location.

Putnam county, Illinois.

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That Sidney Pulsifer, David Markley, Edward F. Pulsifer, William H. Brown, James J .Todd, Oaks Turner and Williamson Durley, and their successors in office, be and they are hereby creted a body politic and corporate, under the name and style of the "President and Trustees of the Hennepin Union Seminary," and by that name and style to remain and have perpetual succession. The said seminary shall be and remain in the town of Hennepin, in the county of Putnam, and state of Illinois. The number of trustees shall not exNumber of trus-ceed seven, one of whom shall be president of the board, to be chosen by the trustees, and under the above name and style shall have power to make contracts, to sue and be sued, to plead and be impleaded, to answer and be answered unto, in all courts and places; to grant and receive, by its corporate name, and to do all other acts as natural persons may or could do; to accept, acquire, purchase or sell property, real, personal or mixed, in all lawful ways; to use, employ, manage and dispose of all such property and all money belonging to said corporation, in such manner as shall seem to

tees. President.

Powers.