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Forfeiture.

Acts and parts

year after the first day of January, A. D. one thousand eight hundred and fifty-two, and the treasurer's receipt therefor shall be a sufficient voucher-and the other half of said tax shall, in like manner, be paid into the treasury of Fulton county; and no other ferry shall be established within five miles of the point aforesaid, during the existence of this charter, which shall become forfeited at any time when the conditions and requirements herein, on the part of the said Graham, his heirs or assigns, shall not be complied with, the same to be determined by the said Fulton county court, by a jury of twelve.

§ 4. All acts and parts of acts coming within the purof acts repeal- view or inconsistent with this act, are and the same are hereby repealed.

ed.

Duration.

This act to be in force from and after the first day of
June next, for the term of fifteen years.
APPROVED Feb. 8, 1851.

In force Feb. 8, AN ACT to establish a ferry across the Ohio river, at the town of Brooklyn in the 1851. county of Massac, Illinois.

ized.

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That Thomas Ferry author- G. C. Davis and Charles Pell be and they are hereby authorized to establish and keep a ferry, for fifty years, across the Ohio river, from the town of Brooklyn, in the county of Massac, and state of Illinois, to the Kentucky shore. § 2. Said Davis and Pell shall cause said ferry to be furnished with a good, tight boat, sufficient for the safe nishing and transportation of all passengers, their teams, horses, cattle and other animals, as well as the goods and effects of said passengers, and said boat shall be furnished with men of suitable strength to manage the same, or with horses, at the option of the said Davis and Pell.

Mode of fur

managing.

Landing.

Tolls.

§ 3. The said Davis and Pell shall be allowed to land their boat at any point on said Ohio river between lot numbered one, in said town of Brooklyn, in said county of Massac, and lot numbered thirty, in said town; and no other person or persons shall be allowed to establish any ferry within two miles above and below said above mentioned lots numbered one and thirty, so long as the said Davis and Pell shall conform to and comply with the terms and provisions contained in the second section of this act.

§ 4. Said Davis and Pell, or ther assigns or grantees, shall receive such rates of toll or ferriage as the proprietors of the ferry at Metropolis city, Massac county, Illinois, now receive for transporting passengers, horses, cattle,

sheep, hogs or other animals across the said Ohi river, at the said Metropolis city, and also the same rats as the said proprietors of the said Metropolis city ferry may take and receive for the transportation of all waggons, carriages and vehicles whatsoever: and when the said river shall be out of its bank on either shore, said Davis and Pell, or their grantees or assigns, shall be allowed to take and receive double the amount of the rates as aforesaid for transportation as aforesaid.

APPROVED Feb. 8, 1851.

AN ACT to establish a ferry across the Illinois river at Peru, in La Salle county. In force Feb.10,

ized.

1851.

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That Zimri Ferry authorLewis be and he is hereby authorized to have and keep a ferry across the Illinois river, at any point between the head of the island opposite Peru and the junction of the Illinois river and the Illinois and Michigan canal, with landings upon section sixteen and section twenty-one, in Location. township thirty-three north, of range one east of the third principal meridian, during the space of twenty years from the passage of this act.

restrictions.

2. The said Zimri Lewis shall be entitled to all the privileges and immunities, and subject to all the restric-Privileges and tions, contained in chapter forty-two of the Revised Statutes of this state, relative to ferries and toll-bridges; and all assessment of license charged to said ferry shall be expended and worked out by said Lewis upon the landings and roads leading to and from said ferry.

§ 3. Said Lewis shall be authorized to charge the rates Tolls. of tolls charged upon other ferries in La Salle county.

poration of

§ 4. The corporation of the town of Peru is hereby Powers of corauthorized to regulate the rates to be charged on said ferry, Peru.

but not to reduce the rates below other ferries that are now

or may hereafter be established in said town.

This act to be in force from and after its passage.
APPROVED Feb. 10, 1851.

19

In force Feb. 10, AN ACT to amend an act entitled "An act to incorporate the Peoria and Oquaw1851. ka Railroad Company," approved Feb. 12, 1849.

Direct on of road.

Proviso.

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the company incorporated under the said act to which this is an amendment, shall be required to construct said road through the towns of Farmington, Fulton county, Knoxville, in Kn x county, and Monmouth, in Warren county, and they shall establish depots in each of said towns and places: Provided, however, that nothing in this act shall be construed as to prevent said company from having stations at other points or places for the reception or discharge of goods, produce, stock, or other commodities.

$ 2. Said company are hereby authorized to acquire and Right of way. hold so much of the grade and right of way of the Peoria and Warsaw railroad as they may deem necessary, and may employ and use the same in the construction of their said road, and if said grade and right of way should belong to the state of Illinois the said company may purchase the same from the governor of this state upon such terms as they shall agree upon; and such contract, if made, shall be binding upon both parties.

Organization.

Branch.

Commissioners.

Time of completion.

§ 3. The said company is authorized to organize and proceed in the construction of said road under the restrictions, conditions and limitations contained in said act to which this is an amendment, whenever the sum of one hundred thousand dollars is bona fide subscribed, and five per cent. thereof actually paid in.

§ 4. The said company is hereby authorized to build a branch of said road, in the same manner as the main track is to be erected hereby, to commence at or west of Monmouth; from thence to the Mississippi river at or about Shokokon, in Henderson county.

§ 5. The commissioners named in the act to which this is an amendment, together with Asa D. Reed, of Fulton county, Wm. J. Phelps, Rudolphus Rouse, Peter Sweat and Joshua P. Hotchkiss, of Peoria county, who are hereby made commissioners, shall exercise the same powers and duties under this act as are enjoined upon them in said former act. § 6. The said road contemplated herein to be completed within ten years from the passage of this act.

§ 7.
This act to take effect from and after its passage.
APPROVED Feb. 10, 1851.

AN ACT to incorporate the Illinois Central Railroad company.

In force Feb. 10,

1851.

Whereas, in the judgment of this general assembly, the object of incorporating the Central Railroad company cannot be attained under general laws; therefore, SECTION 1. Be it enacted by the people of the State of Corporation. Illinois, represented in the General Assembly, That Robert Schuyler, George Griswold, Gouverneur Morris, Franklin Haven, David A. Neal, Robert Rantoul, junior, Jonathan Sturgis, George W. Ludlow, John F. A. Sanford, Henry Grinnell, William H. Aspinwall, Leroy Wiley, and Joseph W. Alsop, and all such persons as shall hereafter become stockholders in the company hereby incorporated, shall be a body politic and corporate, by the name and style of the "Illinois Central Railroad company," and under that name and style shall be capable of suing and being sued, impleading and being impleaded, defending and being defended against, in law and equity, in all courts and places whatsoever, in like manner and as fully as natural persons; may make and use a common seal, and alter or renew the same at pleasure; and by their said corporate name and style, shall be capable, in law, of contracting and being contracted with, shall be and are hereby invested with all the powers, privileges, immunities and franchises, and of acquiring, by purchase or otherwise, and of holding and conveying, real and personal estate which may be needful to carry into effect fully the purposes and objects of this act.

road.

§ 2. The said corporation is hereby authorized and empowered to survey, locate, construct, complete, alter, main- Construction of tain and operate a railroad, with one or more tracks, or lines of rails, from the southern terminus of the Illinois and Michigan canal, to a point at the city of Cairo, with a branch of the same to the city of Chicago, on Lake Michigan; and also a branch, via the city of Galena, to a point on the Mississippi river, opposite the town of Dubuque, in the state of Iowa.

3. The said corporation shall have right of way upon, Right of way. and may appropriate to its sole use and control, for the purposes contemplated herein, land, not exceeding two hundred feet in width through its entire length; may enter upon and take possession of, and use all and singular any lands, streams and materials of every kind, for the location of depots and stopping stages, for the purpose of constructing bridges, dams, embankments, excavations, station grounds, spoil banks, turn-outs, engine houses, shops and other buildings necessary for the construction, completing, altering, maintaining, preserving and complete operation of said road. All such lands, waters, materials and privileges belonging to the state, are hereby granted to said corporation for said purposes; but when owned or belonging to

Capital stock.

any person, company or corporation, and cannot be obtained by voluntary grant or release, the same may be taken and paid for, if any damages are awarded, in the manner provided in "An act to provide for a general system of railroad incorporations," approved November fifth, one thousand eight hundred and forty-nine; and the final decision or award shall vest in the corporation hereby created all the rights, franchises and immunities in said act contemplated and provided: Provided, that the appeal allowed by the provisions of the aforesaid act, approved the 5th of November, one thousand eight hundred and forty-nine, shall not effect the possession, by such company, of the land appraised, and when the appeal is made by others than the company, the same shall not be allowed, except on a stipulation of the party appealing that the said company may enter upon and use the lands described in the petition, for the uses and purposes in said petition set forth, upon said company giving bond and security, to be approved by the clerk of said court, that they will pay all costs and damages that may be awarded against said company, on the hearing of said appeal: Provided, that nothing in this section contained shall be so construed as to authorize the said corporation to interrupt the navigation of said streams.

§ 4. The capital stock of said corporation shall be one million of dollars, which may be increased, from time to time, to any sum not exceeding the entire amount expended on account of said road, divided into shares of one hundred dollars each, which shall be deemed personal property, and may be issued and transferred in such manner and at such places as may be ordered and provided by the board of directors, who shall have power to require the payment of sums subscribed by stockholders, in such manner and on such terms as they may deem proper; and on refusal or neglect on the part of stockholders, or any of them, to make payment, on the requisition of the board of directors, the shares of such delinquents may, after thirty days' public notice, be sold at public auction, under such rules as said board of directors may adopt-the surplus money, if any remains, after deducting the payments due, with the interest and the necessary costs of sale, to be paid to such delinquent stockholders. The board of directors hereby appointed shall cause books to be opened for subscriptions to said stock, in such manner and at such time and places as they shall direct.

Exercise of cor- § 5. All the corporate powers of said company shall be porate powers. vested in and be exercised by a board of directors, and such officers and agents as they shall appoint. The board of directors shall consist of not less than twelve stockholders-three of whom shall be chosen every year by the stockholders-each share having one vote, to be given in

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