Rights and pri shall be vested in the new corporation; and the present stockholders shall constitute stockholders in the new corporation, upon equal terms with the new corporators, and the rights and interests of such as are then stockholders shall be settled by the new board of directors, upon fair, just and equitable terms. § 5. The rights and powers and privileges hereby grantvileges of cor- ed to said corporation are made subject to the following Ject to condi- conditions, in order to protect the interest of the Illinois and Michigan canal: poration, sub tions. Bonus to canal. How applied by canal board. 1st. Said corporation shall pay the board of trustees of the Illinois and Michigan canal, upon all freights transported upon said railroad, the same rates of toll that now are or hereafter shall be fixed upon like articles of freight carried through the canal. The moneys arising from said tolls shall be applied by said board of trustees in the same manner as the present revenues of the canal are required by law to be applied. Said tolls to be paid by said railroad company are subject to the following limitations and re strictions: 1. All live stock transported on said railroad are to be Limitations and free from tolls of any kind. restrictions. 2. No tolls are to be paid by said railroad company on any property transported by them, except during the season of canal navigation. 3. No tolls are to be paid by said railroad company during the suspension of navigation upon the canal, by casualty or otherwise. 4. No freight received from or destined to a point upon said road further than a line twenty miles west of the southern termination of the canal, shall be subjected to any tolls. § 6. All freights carried on railroads which may hereafShould other ter be built, running from Chicago, and which may terminate roads be built. in the Illinois and Michigan canal, or at any point on the Illinois river, not exceeding twenty miles south from the said termination of the Illinois and Michigan canal, shall be subjected to the same rate of tolls as the freight carried on this road, and whenever the legislature shall grant the right to any other railroad to carry freight without such tolls then these conditions in relation to tolls shall cease. § 7. As soon as the state shall provide for the payment When bonus to of the entire interest of the canal indebtedness registered under the act for the completion of the Illinois and Michigan canal, then the tolls herein mentioned shall cease. canal shall cease. § 8. The said board of trustees, for the consideration Canal board to aforesaid, shall, free of cost, grant to said company the grant right of right of way through all lands owned by them, and held in trust for the canal fund, in such manner as not to injure the navigation of the canal, and the consent of this state is way. hereby given to such application of so much of said land as shall be necessary for the purposes aforesaid. If said board of trustees shall refuse to assent to If canal board way. § 9. the provisions herein made for the right of way, by the first refuse right of Monday in June after the passage of this act, the said company shall have the right to build said road, and all restrictions in relation to tolls are and shall be removed. § 10. It shall be the duty of said railroad company to Company to keep correct freight books, showing specifically and par- books. keep freight ticularly the nature, kind and quantity of each and every description of freights carried and transported upon said road, and the place from and to which the same may be received and carried, and at the expiration of each month report to the said board of trustees a true and accurate account of all the various kinds of such freight carried, its place of receipt and destination, and to pay over the amount To pay over to that may become due on account of the tolls herein provided for. The truth of said accounts shall be verified by the affidavit of the secretary, treasurer or other proper officer of the company. canal board. Canal trustees vested with power to ex of company. § 11. The said board of trustees, or their agent specially authorized, shall have full power and authority to examine all the books, accounts and vouchers of said cor- amine acc'ts poration in relation to freights, for the purpose of ascertaining the truth of said accounts. And if said accounts so rendered shall be found false, the said corporation shall forfeit and pay to said board of trustees three times the amount withheld and not accounted for, and full power is hereby invested in any of the judges of the circuit courts of this state, in term time or vacation, upon application of said board of trustees or their agent, to appoint a proper person to make the examination aforesaid; and the person so appointed shall have the same powers to carry out the objects of his appointment as masters in chancery have in chancery cases; and upon the report of the person so appointed the said judge shall have power to make such order in the premises as he shall deem proper to carry out the provisions of this section; and power is hereby reserved to the legislature to make such rules as they may deem necessary to enforce the provisions of this section. § 12. The amount of all tolls so collected of said rail- Tolls subject to road company shall be subject to a deduction of an amount deduction. equal to the taxation provided for in the fourteenth section of this act, thereby making the amount paid by said railroad company to the canal fund equal to the whole amount of tolls collected of said company. § 13. The said company shall not be authorized to locate its track within the city of Chicago without the consent of the common council; nor shall it be permitted to do what is understood to be a warehouse or storage or com Track not to be located within Chicago limits without con sent of council. warehouse, &c. business. Comp'y not al- mission business, in the city of Chicago, or charge or collowed to do lect storage or commission on any property freighted on said road by such company, and in case of property arriving on any of its trains or otherwise shall not be called for and removed from said cars or depot within thirty-six hours after its arrival and notice to the owner or consignee, it shall be lawful for said company to deliver the same to some responsible warehouse keeper, and collect from the same the freight and charges due; which amount shall become a lien, with customary warehouse charges, upon said property. § 14. The property and stock of said railroad company State tax on shall be listed by the president, secretary or other proper road to be paid to canal fund. officer, with the auditor of state, and shall be subject to the same rate of taxation as the property of individuals, and the revenue arising therefrom shall be paid out of the tolls hereinbefore provided for, into the canal fund, on or before the first Monday of December in each and every year, and shall be applied to the discharge of the canal debt, as hereinbefore provided in relation to tolls, and a lien upon said road and the appurtenances, for all taxes and dues to the state or canal fund, is hereby reserved, and shall have precedence of all taxes, dues, demands, judgments and decrees Company prohi- against said corporation. The said railroad company are necting with hereby prohibited from building a branch or branches from any Indiana their road to any point east of it, for the purpose of con bited from con road by branch. a necting with railroads that now are or may be built in the state of Indiana, between the termination of the Illinois and Michigan canal, at the Illinois river, and the city of Chicago. $ 15. This act shall take effect and be in force from and after its passage. APPROVED Feb. 7, 1851. In force Feb. 8, 1851. AN ACT to vacate a part of the town plat of Carlyle. SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That all that addition to the town of Carlyle, in the county of Clinton, known as the upper town of Carlyle, situate on the south-east quarter of section thirteen, township two north, range three west, and all that part of the said town of Carlyle, known as Breese's addition, which lies north of Jefferson street and west of Sixth street, as designated on the plat of said town, being on the south-west part of section eighteen, township two north, range two west, be and the same is hereby vacated. And the streets, alleys, public squares of said addition, shall revert to the proprietors of the lots and lands contained within the limits of said addition; and they shall have the right to enclose the same, and to use it in the same manner as if said streets or lots had never been laid off: Provided, that this act shall in nowise affect or invalidate the private rights of any one owning lots or lands in the said addition; but that all such owners of lots or lands in the said additions shall have the same rights and privileges as if this act had not been passed. APPROVED Feb. 8, 1851. AN ACT to provide for leasing the land granted as a common to the inhabitants of In force Feb. 8, the town of Prairie Du Rocher, in Randolph county, or so much of said land as it may be to the interest of the inhabitants of said town to lease, for school purposes. 1851. Whereas the inhabitants of Prairie Du Rocher, in the coun- Preamble. ty of Randolph, are, in common, entitled to the use and benefit of certain lands, commonly known as the Prairie Du Rocher commons, by virtue of an ancient grant, recognized and confirmed by the government of the United States; and whereas the right to lease said lands, or any part of them, is granted, by the constitution of this state, to a majority of the qualified voters interested therein, and they having petitioned therefor; therefore, SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the Andre Barbean, Leon Vion, Antonie Albert, Joseph Blais, and Incorporation. Ambraise Kerr, citizens of the town of Prairie Du Rocher, in the county of Randolph, are hereby constituted a body corporate and politic, by the name and style of "The President and Trustees of the Commons of Prairie Du Rocher," and by that name they and their successors shall have perpetual succession and existence, with power to contract and be contracted with, to sue and be sued, to plead and be impleaded, in all actions at law and in equity, in any court of competent jurisdiction; to make and use a common seal, and to alter the same at pleasure; to adopt ordinances and by-laws not inconsistent with the constitution and laws of this state, nor of the United States; and to do and perform all other acts necessary for the proper exercise of the powers herein conferred and the regulation of the privileges hereby granted. § 2. The said president and trustees shall continue in Officers. office until the first Monday in April, A. D. 1853, and until their successors are elected and qualified; and on the first Monday in April, A. D. one thousand eight hundred and surveyed and a fifty-three, and every two years forever thereafter, or until the time is changed by law, an election shall be held for five trustees of the commons of Prairie Du Rocher, who shall hold their office for two years, and until their successors are elected and qualified. And the said trustees shall organize, by electing one of their number president of the board, and shall appoint or elect a treasurer, as they may determine; and shall, in addition to his duties as treasurer, also perform the duties of clerk of said board. And at any meeting of said board, for the transaction of business, not less than three shall be a quorum. § 3. The president and trustees here appointed are auCommons to be thorized and empowered by this act to have the commons plat made. of Prairie Du Rocher, or any part thereof, surveyed and divided into such lots as, in their opinion, will seem best and most advantageous; and shall cause a plat or plats of the same to be made, showing the number of acres in each lot, and the location thereof—each lot to be also properly numbered; which plat or plats, when so made, shall be recorded in the recorder's office of Randolph county-a copy of which record, duly certified by the recorder of said county, shall be sufficient and competent evidence of the location of the lots described in said survey or surveys: Provided, that the said president and trustees may and are hereby authorized to set apart, for the sole use and benefit of Andre Barbean, and Barbean, his wife, during their natural lives, six acres of land, most contiguous to and including the residence of said Andre Barbean on the commons aforesaid. leased. § 4. The said president and trustees shall then proceed Commons to be to lease, at public outcry, at a suitable place, in the town of Prairie Du Rocher, any or all of the lots so surveyed, for any number of years, not exceeding ninety-nine, as, in their opinion, will best promote the interests of the inhabitants of said town, after first giving notice, for six consecutive weeks, in a newspaper printed in the county of Randolph, and such other papers as they may deem proper, and by putting up four written or printed notices, in four of the most public places in said town, of the place where and the time when said lots will publicly be offered for lease. how sold. § 5. Each lot shall be offered separately, stating the Lease of lots, number of years for which it is proposed to be leased, and the number of acres it contains, and the same shall be struck off to the best and most responsible bidder bidding the highest amount per acre therefor, payable annually, each and every year the same is leased for, at such time as be designated and appointed by the said president and trustees an entry of which shall be made by the clerk of the board in a suitable and substantially bound book, to be provided for that purpose, which shall be subject to the in may |