Plat to be made herein provided for, a stone not less than eighteen inches long, which stone shall be marked with a cross: + § 8. Immediately after the completion of said survey a and recorded. Well executed plat of the said town, showing its connection with the government surveys, and the additions to the said town, shall be made by the surveyor, on which the said surveyor shall certify, under oath, that the same is correct; and the same shall be presented to the president and trustees of said town of Freeport for their approval, and examined by them; and if the same is approved they shall certify that approval, under their official seal; and when the said plat shall be so certified it shall be recorded in the office of the clerk of the circuit court for the county of Stephenson, and a certified copy thereof, under the hand and seal of the said clerk, shall be competent evidence, without other proof of the fact manifested by it, in all the courts of this state. Expenses of re survey. Proviso. § 9. To defray the expense of said survey, recording, &c., the president and trustees of said town of Freeport shall have power to lay a tax upon the owners of the lots surveyed, or herein provided, in said town; and if the same is not promptly paid the said president and trustees may proceed against the lot, by its number and description, or against the owner, if known, before any justice of the peace of the county, to recover said tax; and a judgment being rendered therefor, either against the lot, when the owner is unknown, or against the owner, if known, execution may issue as in other cases: Provided, that in case the constable or other officer shall be unable to find any personal property of the defendant out of which to make the money, and shall so return the execution to the justice who issued it, a transcript of the judgment shall be filed in the office of the clerk of the circuit court and recorded by said clerk as is now provided by law, and execution shall issue out of the circuit court as in other cases, and the lot or lots sold to satisfy the judgment, with costs; and if the same is not redeemed within one year, by the payment of the amount of the judgment and costs, and one hundred per cent. thereon, the lot shall vest absolutely in the purchaser. Said tax shall be equal in amount upon each lot. § 10. AN ACT to incorporate the Ohio and Mississippi Railroad company, and for other In force Feb.12, purposes. 1851. SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That Joseph G. Bowman, Sidney Breese, James Hall, Alfred Kitchell, Corporators. Arthur McCauley, George W. Pace, Benjamin Bond, James L. D. Morrison, A. T. Ellis, John Ross, Luther M. Kennett, John O'Fallon, James H. Lucas, Andrew Christy, Daniel D. Page, John Law, Peter Chouteau, jr., Benjamin F. Rittenhouse, Samuel B. Chandler, John A. McClernand, John S. Martin, Aaron Shaw, William W. Roman, Green C. Crosson, and such other persons as may associate with them for that purpose, are hereby made and constituted a body corporate and politic, by the name and style of "The Ohio and Mississippi Railroad company," with perpetual succession, and by that name and style shall be capable in law of taking, purchasing, holding, leasing, selling and conveying estate and property, whether real, personal or mixed, so far as the same may be necessary for the purposes hereinafter mentioned, and no further; and in their corporate name may sue and be sued, to have a common seal, which they may alter or renew at pleasure, and may have and exercise all powers, rights, privileges and immunities which are or may be necessary to carry into effect the purposes and objects of this act, as the same are hereinafter set forth. General powers. § 2. The Ohio and Mississippi Railroad company shall Objects. have full power and authority to locate, and from time to time to alter, change, re-locate, construct, re-construct, and fully to finish, perfect and maintain a railroad, with one or more tracks, commencing at Illinoistown, on the Mississippi river, in the county of St. Clair, and running from thence, on the most eligible route, to the east line of the state of Illinois, in the direction of the city of Vincennes, in the state of Indiana, and to transport, take and carry property and persons upon said railroad, by power or force of steam, or of animals, or of any mechanical or other power, or combination of them, which said company may choose to use or apply. And for the purpose of constructing said Right of way. railroad or way, said company shall have authority and power to lay out, designate and establish their road, in width not exceeding one hundred and fifty feet, through the entire line thereof, and may take and appropriate to their own use all such lands so designated for the line and construction of said road, upon first paying or tendering therefor such amount of damage as shall have been settled by appraisal, in the manner hereinafter provided, on all such lands as may be taken, or upon any track which may be located by said company, and for the purpose of cuttings and embankments, and for the purpose of obtaining of stone, sand Powers, and gravel, may take and appropriate as much more of land as may be necessary for the proper construction, maintenance and security of said road, and for the construction and security of said road, and for constructing shops, depots, and other suitable, proper and convenient fixtures, in connection with and appurtenances to said railroad, may take and have, use and occupy any lands upon either side of said railroad, not exceeding two hundred feet in depth from said railroad; said company taking all such lands as gifts, or purchasing or making satisfaction for the same, in the manner hereinafter provided: Provided, that this section shall not be construed to restrict or prevent the construction of public roads, or canals, or railroads, across the road of said company, when deemed expedient, but so as not materially to impair or obstruct the same. § 3. The said company, and under their direction, their agents, servants and workmen, are hereby authorized and empowered to enter into and upon the lands and grounds of or belonging to the state, or to any person or persons, bodies politic or corporate, and survey and take levels of the same, or any part thereof, and to set out and ascertain such parts as they shall think necessary and proper for making said railroad, with one or more sets of tracks or rails, and for all the purposes connected with said railroad, for which the said corporation, by the last preceding section, is authorized to have, take and appropriate any lands, and to fell and cut down all timber and other trees standing or being within one hundred feet on each side of said line of said railroad, the damages occasioned by the felling of such trees, unless otherwise settled, be assessed and paid in manner hereinafter provided for assessing and paying damages for land taken for the use of said railroad company; and also to make, build, erect and set up, in and upon the route of said railroad, or upon the land adjoining or near the same, all such works, ways, roads and conveniences as may be requisite and convenient for the purposes of said railroad; and also from time to time to alter, repair, amend, widen or enlarge the same, or any of the conveniences above mentioned, as well for the carrying, conveying goods, commodities, timber or other things to and upon the said railroad, as for carrying or conveying all manner of materials necessary for the making, erecting, furnishing, altering, repairing, amending or enlarging the works of or connected with said railroad, and to contract and agree with the owner or owners thereof for earth, timber, gravel, stone, or other material, or any articles whatever, which may be wanted in the construction or repair of said railroad, or any of its appurtenances; they, the said company, doing as little damage as possible in the execution of the said powers hereby granted, and making satisfaction in the manner here 1 after mentioned for all damages to be sustained by the owners or occupiers of said land. § 4. The said company shall have power and authority Grants. to receive, take and hold all such voluntary grants and donations of land and real estate for the purposes of said railroad, as may or shall be made to said company, to aid in the construction, maintenance and accommodation of said railroad; and said company may contract and agree with the owners or occupiers of any land upon which said company may wish to construct said railroad or way, or which said company may wish to use or occupy for the purpose of procuring stone, sand, gravel or earth, or other materials, to be used in embankments or otherwise, in or about the construction, repair, or enjoyment of said railroad, or which said company may wish to use or occupy in any manner or for any purpose or purposes connected with said railroad, for which said company is empowered or authorized by this act to take, have or appropriate any lands, and to receive and take grants and conveyances of any and all interests and estates therein, and to them and to their successors or assigns in fee, or otherwise; and in case said company cannot agree with such owners or occupiers of such lands as aforesaid, so as to procure the same by the voluntary deed or act of such owners or occupiers thereof, or if the owners or occupiers, or any or either of them, be a femme covert, infant, non compos mentis, unknown or out of the county in which the land or property wanted may lie or be situate, the same may be taken and paid for, if any damages are awarded, in the manner provided for in "An act to pro- Damages. vide for a general system of railroad incorporations," approved November 5th, 1849, and the final decision or award shall vest in the corporation hereby created all the rights, privileges, franchises and immunities in said act contemplated; and provided that any appeal that may be allowed under the provisions of the act above recited, or by virtue of any general law of. this state, shall not affect the possession by said company of the land appraised; and when the appeal may be taken or writ of error prosecuted by any person or persons other than the said company, the same shall not be allowed except on the stipulation of the party so appealing or prosecuting such writ of error, that the said company may enter upon and use the lands described in the petition for the uses and purposes therein set forth, upon said company giving bond and security, to be approved by the clerk of said court, that they will pay to the party so appealing or prosecuting such writ of error, all costs and damages that may be awarded against them on the final hearing of such appeal or writ of error, within thirty days after the rendition thereof, or forfeit all right to use the land or way so condemned. Capital stock. Directors. Vacancies. Votes. § 5. The capital stock of said company shall be one million of dollars, which may be increased from time to time by a vote of a majority in interest of stockholders, at their annual meeting, or at any special meeting that may be called for that purpose by the directors of said company, to any sum not exceeding the entire amount expended on account of said road; which stock shall be divided in shares of fifty dollars each, which shall be deemed personal property, and may be issued, certified, transferred and registered 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 stock subscribed in the manner and at the time and in such sums as they may direct; and on the 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 the directors may adopt; the surplus money, if any remains after deducting the payment due, with the interest and the necessary costs of sale, to be paid to the delinquent stockholder. The board of directors hereinafter named and appointed, shall cause books to be opened for subscriptions to the capital stock of said company, at such times and places and in such manner as they shall direct, provided that as soon as two hundred thousand dollars of bona fide subscription shall be made to said capital stock, and twenty-five per cent. thereon paid, it shall be lawful for said company to commence the construction of said road. § 6. All the corporate powers of said company shall be vested in and exercised by a board of directors, to consist of not less than seven nor more than seventeen in number, and such other officers, agents and servants as they shall appoint. The first board of directors shall consist of Abner T. Ellis, James Hall, Joseph G. Bowman, Alfred Kitchell, Benjamin Bond, James L. D. Morrison, Luther M. Kennett, Andrew Christy, John O'Fallon, Daniel D. Page, Samuel B. Chandler, John A. McClernand and Aaron Shaw, who shall hold their offices until their successors are elected and qualified. Vacancies in the board may be filled by vote of two-thirds of the directors remaining: such appointees to continue in office until the next regular annual election of directors, and which said annual election shall be held on the first Monday of September in each year, at such place as the directors may direct; thirty days' notice being given in two newspapers printed along the line of said road. § 7. At any election held for directors, each share of stock shall be entitled to one vote, to be given either in person or by proxy, and the persons receiving the largest number of votes to be declared duly elected, and to hold their |