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SEC. 9. If it should so happen that any election should Annual elec- not be made the day, when, by the provisions of this act, it

tion.

Term of act.

In force, Feb. 24, 1841.

should be made, the association shall not for that reason be dissolved, but said election may be held on any other day within sixty days thereafter, public notice being given by putting up notices in three of the most public places in Greenville, or by publication in some newspaper of the State, by order of the president and directors of said company.

SEC. 10. This act shall be construed favorably in all courts and places whatsoever, and shall be in force for the period of twenty years and no longer.

Approved, February 23, 1841.

An ACT to incorporate the Schuyler County Manufacturing and Transportation Company.

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SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Henry H. Anderson, his associates and successors and assigns, be, and they are hereby constituted a body corporate and politic by the name Name & style of "The Cedar Mill Company," and by that name and style they and their successors shall in law be capable of suing and being sued in all courts and places whatsoever; shall have a common seal, and shall by their corporate name be capable in Powers. flaws of holding and conveying any real or personal estate for the uses and purposes of said company, in enabling them to carry out the objects for which they were incorporated; Provided, That the quantity of land to be held by them shall not exceed six hundred and forty acres.

Proviso.

Mills may be built.

Further pow

ers.

SEC. 2. The company shall have power and authority to erect mills, to carry on the manufacture of flour and lumber and to establish a boat-yard, to construct, build, and repair steam and other boats, to put the same in operation, and to transport freight and passengers thereon, to enter into contracts, and execute agreements, and to do all other acts necessary for carrying on said business and protecting the interest of said company; and to make, ordain and establish all neces sary by-laws not inconsistent with the laws and Constitution of the United States, and of this State.

SEC. 3. The capital stock of said company shall consist of not more than fifty thousand dollars, divided into shares of one Capital stock hundred dollars, and the corporation hereby created shall sonal proper- continue for twenty years. The stock of said company shall" be deemed personal property.

deemed per

ty.

Directors.

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SEC. 4. The affairs of said company shall be under the control of five directors, to be chosen by the stockholders in such manner as the by-laws direct, and shall continue in office Term of office for one year and until their successors shall be chosen. sale to taunt ad Approved, February 24, 1841.

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An ACT supplemental to an act to incorporate the Mount Carbon Coal Company, and to increase the said Company to one million of In force, Feb.

dollars for the purposes hereinafter mentioned.

SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the Mount Carbon Coal Company are hereby authorized and empowered to lo

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26, 1841.

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construct, and finally complete a railroad for a double Location. or single tract, not exceeding ten rods in width on level ground, commencing at the said company's coal mines on the Big Muddy river, in Jackson county, thence to the Mississippi river or any other navigable stream in said county; and for the purpose of cuttings, embankments, stone, wood and gravel, take as much more land as may may for the probe necessary per security and construction of said railroad; Provided, Proviso. That all damages that may be occasioned to any person or persons, or corporations, by the taking of such land or materials for the purposes aforesaid, shall be paid for by said company, in the manner hereinafter provided.

SEC. 2. The capital stock of said company shall be in-Capital stock. creased to one million of dollars, divisible into shares of fifty dollars each, on the terms and under the conditions and provisions specified and contained in the original act of incorporation of said company.

SEC. 3. A toll is hereby granted and established for the Toll granted. sole benefit of said company, upon all passengers and property of all descriptions, which may be conveyed or transported on said railroad at such rates per mile as may be agreed upon and established from time to time by the directors of said company; and they are hereby authorized to erect toll houses, buildings, establish gates and demand toll upon the road when completed, and upon such points thereof as shall from time to time be completed."

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SEC. 4. The said company shall be holden to pay all dam- Damages be paid by ages that may arise to any person or corporation by taking company. their land, stone, wood, and gravel for the use of said railroad, when the same cannot be had by voluntary agreement, to be estimated and recovered in the manner provided by law for the recovery of damages happening by the laying out of highways.q

SEC. 5. When the lands, or other property, or estate of Lands needed for rond, how any married woman, infant, or person, non compos mentis, released. shall be necessary for the construction of said railroad, the husband of such married woman, and the guardian of such infant or person, non compos mentis, may release all damages in relation to the land or other property to be taken, appropriated as aforesaid, as fully ly as they might do if the same were holden in their own rights respectively.

SEC. 6. If any person shall wilfully do, or cause to be Persons injur done, any act or acts whatsoever, whereby any building con- ing railroad, struction or work of said company, or any engine, machine or how punished structure, or any matter or thing appertaining to the same

Time of com

shall be stopped, obstructed, impaired, weakened, injured or destroyed, the person so offering [offending] shall be deemed guilty of a misdemeanor, and shall forfeit and pay to said corporation triple the amount of damages, sustained by means of such offence and injury, to be recovered in the name of said corporation, with costs of suit by action of debt, and shall be subject to indictment and punishment for high crimes and misdemeanors as in other cases.

SEC. 7. The said company shall commence the railroad mencement & hereby authorized to be made within two years from completion of

railroad.

and complete the same within ten years, otherwise this act shall be null and

void.

SEC. 8. The said corporation is hereby authorized to join May join other railroads. any other railroad now or hereafter to be incorporated, and put in operation, at such place, and on such terms as may be mutually agreed upon by the said companies, or in case of disagreement by said companies, upon such terms and at such places as the court of chancery of the district where such connection is desired, shall decree, upon bill filed, or suit instituted for that purpose.

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SEC. 9. That the quantity of land authorized to be held by said company shall be increased from two thousand acres to seven thousand acres.

SEC. 10. That if after the necessary surveys for the construction of said railroad shall have been made, it shall appear to said company that a canal from their said mines to said Mississippi river, or the making navigable the said Big Muddy river is preferable, that then, and in that case, said company are hereby authorized to lay off and construct a canal from the said mines to the said Mississippi river, or make navigable the said Big Muddy river, and the above enactments so far as the same are applicable, shall, and the same are hereby declared to be in full force and effect.

SEC. 11. This act shall be deemed and taken as a public act, and as such shall be taken notice of by all courts of justice in this State, without the necessity of pleading the same.

SEC. 12. At the next general meeting of the directors, [they] may adjourn to such place as may be adopted within said county as may promote the interest of the company and for the convenience of the directors.

SEC. 13. The stockholders of said institution shall always be held, severally, liable to [for] the debts of said company to the full amount of the stock held by them at the time of their joint indebtedness.

Approved, February 26, 1841.

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An ACT to incorporate the Illinois Agricultural and Stock Association. In force, Feb.

26, 1841.

Persons crea

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SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Daniel Smedley, ted body corJoseph Duncan, Aquilla Becroft, Thomas Wiswall, James porate Dunlap, William Brown, Silas Massey, James Green, John Semple, Benjamin Hamilton, Henry Sanderson, Jacob Strown, S. M. Chambers, J. T. Cassell, William King, Adam Allison, J. T. Holms, James Halleday, Elihu Walcott and John T. Jones, of Morgan county, William Gillam, Scott Rigs and Elisha Hitt, of Scott county, H. G. Bowers, James, M. Bradford, N. W. Edwards, John Williams, James D. Smith, W. Renshaw, Robert Allen and John Crowder, of Sangamon county, John H. Burriss, Elon Eland, Thomas Hobson, George Woodinan, John Caldwell, John Hewitt, Isham Linder, and William Yates, of Greene county, be, and they are hereby created a body politic and corporate, under the name of the "Illinois Agricultural and Stock Asso- Name and

ciation."

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SEC. 2. The objects of this association shall be to encourage agriculture in all its branches, domestic manufactures, and to improve the stock of the State.

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SEC. 3. To carry out the objects of the association, it May purchase shall be invested with power to lease or purchase in fee sim-lands ple, and hold real estate in one or more parcels, not exceeding three hundred and twenty acres, situated in the county of Morgan, for the purpose of establishing thereupon a pattern farm and other improvements connected with the objects of the association.

SEC. 4. The association shall be empowered to import May import stock from any portion of the world, and at their exhibitions stock or to grant premiums as private donations, which it is hereby authorized to receive, and the funds of the association nay

in the estimation of the directors justify.

SEC. 5. The association shall be empowered to establish Agricultural an agricultural school, and to do such acts as may be necessary thereto.

SEC. 6. The capital stock of the association, independent Capital stock of the real estate, shall not exceed fifty thousand dollars, which shall be divided into shares of twenty-five dollars each, one dollar on the share to be paid in at the time of subscription, and the remainder at such times and places as the board'

of directors may require: Provided, That no more than fifty Provisoms¶ cents on the dollar may be called for in any one year, nor may any call be payable until public notice shall have been given thereof, by publication for four successive weeks in a weekly newspaper printed in Jacksonville and Springfield, Any stockholder who shall fail for the space of two months

forfeited

after the publication of said notice, to pay the call upon his stock when stock, shall forfeit the same to the association.

SEC. 7. It shall be the duty of the corporators to open books in Jacksonville, in Morgan county, and at such other

Subscription" places as they may deem expedient for the subscription of stock, and so soon as stock to the amount of five thousand dollars shall be subscribed, it shall be the duty of the corpora tors to call a meeting of the stockholders to be holden in Jacksonville, four weeks notice of the time and place of said meeting to be given in a weekly paper printed in Jacksonville aforesaid.

Election of officers

election

SBC. 8. When the stockholders shall have assembled, they shall elect a chairman and secretary, and then proceed to elect by ballot (each share being entitled to one vote) a president, two vice-presidents, a secretary, treasurer, and board of seven directors, of which board the president, vice-presidents and secretary shall, ex-officio, be members, who shall continue in office during one year, and until their successors shall have been duly elected and given bond, when a bond shall be required.

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Certificate of SEC. 9. It shall be the duty of the chairman and secreta ry to certify under their hands and seals, the result of said elec tion to the clerk of the county commissioners' court of Morgan county, who shall record the name [same] and file the original in his office, and the original or a certified copy, under the seal of the court, of the record of the same, shall be deemed evidence of the organization of the association.

Corporate powers

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Treasurertore give bond

agents

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SEC. 10. Said corporation shall be empowered to sue and be sued, plead and be impleaded, answer and be answered unto, adopt a private seal and change it at pleasure, and adopt by-laws and change the same, and do such other acts as natural persons may: Provided, They are consistent with the Constitution and objects of this act.

SEC. 11, The treasurer shall be required to give bond for the faithful discharge of the duties which shall from time to time be imposed upon him by the by-laws of the association, in such sum as the association may prescribe, with at least two substantial freeholders of the county of Morgan as his sureties.

May employ SEC. 12. The association may do such acts and employ such agents as may be appropriate in carrying out the provisions of this act, but shall never permit gaming, or the sale of ardent spirits, or the running or trotting of horse against horse upon their grounds or elsewhere, under the penalty of a forfeiture of this charter.

Penaltyoforo" betting

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SEC. 13. Any stockholder who shall directly or indirectly make any bet upon the result of any test which shall be made of the speed or qualities of any horse or other species of stock, under the direction of the association, or upon the result of any exhibition of any species of stock, or of articles of domestic industry, or the products of the soil, shall forfeit his stock, and cease to be a member of the association. And that any person, other than a stockholder, who shall bet or offer to bet upon any of the results aforesaid, whilst upon the grounds of the association, shall be subject to a penalty

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