Proviso.

annually, together with the interest thereon, as the said town have to levy and collect town taxes for any town purpose whatever, and it may be done in the same way and manner: Provided, however, that the sum of sixteen thousand six hundred and sixty-seven dollars shall be levied and collected for the year A. D., 1867, and a like sum for the year A. D. 1868, and also the like sum for the year A. D. 1869, together with the interest that shall accrue on each of said sums exclusive of delinquencies and expenses.

City of Aurora § 3. That should the funds already provided, be insuffimay borrow cient to purchase the said estimated thirty acres of land,

money.

then the common council of the city of Aurora, in said town of Aurora, are vested with power, and it is hereby made their duty to borrow such sums of money as shall be necessary for that purpose; and shall issue bonds therefor with such interest as they may deem proper, not to exceed ten per cent per annum: Provided, however, as between the east and west divisions of said city the said bonds and the interest thereon, shall be chargeable to and payable out of the funds belonging to the east division; and it shall be the duty of the common council of said city to keep the said funds of the east division sufficiently large to pay such bonds and the interest thereon when the same shall nature; Provided, the whole amount of said bonds shall not exceed fifteen thousand dollars.

§ 4. This act shall be in force from and after its passage. APPROVED June 13, 1867.

In force June AN ACT to amend an act entitled "An act to incorporate the Mississippi 13, 1867. River and Wisconsin State Line Railroad Company," approved February 28, 1867.

Corporators.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Halstead S. Townsend, Michael Simmons, Thomas Deeds, J. W. White, W. A. Little, G. H. Morse and G. N. Townsend, of Jo Daviess county; James Turnbull, of Stephenson county, and Abraham Polsgrove, of Carroll county, Illinois, and their associates, successors and assigns, are hereby created a body corporate and politic, under and by the name and Name and style. style of the "Mississippi River and Wisconsin State Line Railroad Company," with perpetual succession, and by that name be and they are hereby made capable in law and Corporate pow- equity to sue and be sued, plead and be impleaded, defend and be defended in any court of law or equity in this state, and in all other places whatsoever, and shall also have power to make and have a common seal, and the same to

ers.

use, change and renew at pleasure, and shall be and hereby are vested with the power to contract and be contracted with to the full extent that may be requisite to accomplish the objects of this act, and shall also and are hereby vested with all the powers, privileges, franchises and immunities which are in this act mentioned, and which may be necessary to carry into effect the purposes and provisions of this act; and the company hereby created are hereby specially authorized and empowered to locate, construct, equip and Location of the operate a railroad from the line between the states of Illinois road. and Wisconsin, commencing at the northeast corner of fractional section thirteen, in township twenty-nine north, of range six east of the fourth principal meridian, in the county of Stephenson and state of Illinois, or at any point west within eight miles of said northeast corner of fractional section thirteen, and from such point of commencement, running thence westwardly to the Mississippi river at Savannah, in the county of Carroll, in the state of Illinois, or to any point on said river north of said Savannah, and between that place and the latitude of the mouth of the Tete du Mort in the state of Iowa, upon the best and most eligible route between the two points of termini aforesaid, either with a single or double track; and said company are also hereby authorized and empowered to locate, construct, equip and operate a single or double track branch railroad from the aforesaid main line to the city of Galena, in the county of Jo Daviess and state of Illinois; and said company are hereby authorized and empowered to lay out the said railroad and branch railroad and to use lands therefor the whole length thereof to the width of one hundred feet, and at places or points where there shall be crossings or embankments to the width of more than one hundred feet; but of no greater width than shall be necessary beyond such one hundred feet. And the said company may and they are hereby authorized and empowered to take and use from beyond the limits of said one hundred feet, so much earth, gravel, rock or stone as shall be necessary for the proper construction and security of such railroad and branch railroad; but compensation shall be made therefor in the manner hereinafter provided.

All

§ 2. The capital stock of said company shall be in the first Capital stock. instance eight hundred thousand dollars; but the same may, by resolution passed by the board of directors of said company, be increased to any sum not exceeding the sum of two millions dollars. And the whole capital stock shall be divided into shares of one hundred dollars each share. the powers of said company shall be and hereby are vested in and shall be exercised by a board of seven directors, Board of direcwho, after the first board, shall be elected annually by the stockholders of said company, and at such election every stockholder shall be entitled to one vote for each share of

tors.

Vacancieshow filled.

stock owned and held by him or her; such election for directors shall be holden at the principal office of said company in this state; and at all such elections the stockholders may vote for directors, either in person or by proxy. The directors of said company shall hold their offices, respectively, until their successors are elected and taken upon themselves the duties devolving upon them as such directors. And in case of a vacancy in said board of directors by death, resignation, removal or other cause, the remaining directors of said board may fill such vacancy by the appointment of some other stockholder of said company; and this may be done from time to time, and so often as occasion shall or may require; and the person or persons so appointed shall hold such office term and until his or their successor or successors shall be elected by the stockholders at the annual election herein before provided for, and until such successor or successors shall take upon himself or themselves the duties of the office of directors of said company. And the said board of directors may, by resolution, order or by-law declare when, for what causes or under what circumstances there shall be a vacancy in said board of directors. And no failure or neglect to hold an annual election or to annually elect a board of director shall work a forfeiture of corporate rights or powers, nor shall such failure or neglect dissolve the corporation hereby created. The seven persons first named in this act are hereby constituted the first board of directors; and said first board shall, by the first Monday of January next, by by-law, order or resolution, determine the time of holding the annual elections for directors of said company; and shall also before the first day of October next open, or cause to be opened books for subscriptions to the capital stock of said company, in which books shall be contained the terms of subscription and how, when and in what manner such subscriptions shall be paid by the subscribers thereof. All of which the said board of directors are hereby authorized and empowered to do. And said board of directors shall appoint one of their number president of said company, and shall also appoint a secretary and treasurer, and also such other officers, agents and clerks as shall be deemed necessary by said board; and the powers and duties of all officers, clerks and agents of said company shall be prescribed by resolution or by-law adopted by said board of directors; and said board of directors are hereby fully authorized and empowered to adopt and enforce all such reso lutions and by-laws as by it may be deemed proper or necessary for the well being and proper management of the. affairs and the due execution of the powers and the proper exercise of the franchises of said company, not inconsistent with or repugnant to the laws and constitution of the state of Illinois or of the United States; and all officers, agents

and clerks of said company may be required by said board of directors to give satisfactory security for the full and faithful performance of the powers and duties devolved upon them respectively.

lands.

§ 3. It shall be lawful, and said company is hereby aul May enter upon thorized, by their agents, officers, surveyors and engineers, or any of them, to enter upon, make examinations, explorations, surveys, and to locate the line cf said railroad and branch railroad authorized to be constructed by this act, and to take and appropriate to their use, own and hold so much land upon and along the line of such railroad and branch railroad to the extent of and not exceeding the width in this act before mentioned upon making compensation as hereinafter provided. And in like manner said company, in addition to the lands which may be required for the road beds of the said railroad and branch railroad and before in this act authorized to be taken, held and owned by said company, may take, hold, appropriate and own to the sole use of said company all such and so much land as may be needed by said company for side-tracks, turn-outs, stations and depots and water tank purposes for the convenient transaction of the business of said company; but compensation for such additional lands shall be made as by this act hereinafter provided.

take

lands,

§ 4. All lands, stone, earth, gravel and other property Company may by this act authorized to be taken, appropriated, held or stone, etc. owned by said company shall be paid for by said company, and in such sums and at such time and manner as shall be agreed upon between said company and the owner or owners of such lands, stone, earth, gravel or other property respectively. And if in any case said company shall, for any cause be unable to make a contract with the owner or owners, prior to the time when said company are ready to commence the construction of said railroad or branch railroad, then in each and every such case the price or sum to be paid by said company shall be determined and fixed in the manner provided in and by the act concerning the right of way, approved March 3, 1845, and the act or acts amendatory thereof, or supplementary thereto, the same as though the said act and amendatory and supplementary acts were incorporated herein as part and and parcel of this

act.

obstructing

for

5. If any person shall willfully, maliciously or wan- Penalties tonly and contrary to law obstruct the passage of any cars, passage of cars locomotive or other vehicle on said railroad or branch railroad, or shall place anything thereon, or do any act or thing for the purpose of or with the intent to obstruct or impede the passage of any locomotive, car or other vehicle upon said railroad or branch railroad, or shall destroy, break, injure or damage any part of the said railroad or branch railroad, or any of the rolling stock of said com

pany or any of the implements or buildings of said company, or any other of the structures of said company, such person or persons, and every person and all persons who shall aid, assist or abet the so doing, is hereby declared guilty of a inisdemeanor, and may be indicted therefor, and upon conviction thereof shall be fined a sum not exceeding five hundred dollars, or sentenced to imprisonment in the county jail for a term not exceeding six months, or by both such fine and imprisonment as the court in its discretion shall think fit. And every such person so offending as aforesaid shall moreover be liable to said company, in an action of debt to three times the damages which said company may sustain by or in consequence of any such aforesaid act or acts, and every such person shall also be further liable in an action on the case to every person who may be injured or whose property may be damaged by or in consequence of any such aforesaid act or acts, and such liability shall be three times the amount of the damage or injury so sustained, and such cause of action shall survive in favor of and against the heirs, executors and administrators of each person as party respectively.

First board of § 6. The first board of directors shall formally organdirectors-or- ize said company by selecting and designating one of their ganization, etc number president of said company, and by appointing a

Transportation of persons and property.

İntersection

with other roads, etc.

secretary and treasurer thereof, by the first day of October next. After the first board of directors, no person shall be elected or appointed a director who is not a stockholder, and upon ceasing to be a stockholder, his office of director shall be deemed vacant. The aforesaid organization shall be certified by said directors, or a majority of them, over their signatures in the record book of said board, and said certificate shall be sufficient evidence of such organization, and a copy thereof, certified by the secretary, under the seal of said company, shall be, and hereby is declared primary evidence in all courts of this state of the facts therein stated.

§ 7. Said company are hereby authorized to carry or transport upon said railroad and branch railroad persons, merchandise and all other kinds of property, by force or power of steam or other mechanical power, or by power of animals, or by any combination of such powers, and are hereby also authorized and empowered to, from time to time, fix and establish, take and receive such rates or tariffs of fare or tolls, for the transportation of freight and persons over or upon said railroads and each of them, as shall be deemed proper by the board of directors of said company.

§ 8. Whenever it shall be necessary, in the construction of the railroad or branch railroad by this act authorized to be constructed, to intersect or cross the track of any other railroad, or of any common road or highway, or of any stream of water or water course, it shall be lawful for said