« ForrigeFortsett »
land, nor of any member of said company, who being by the said sheriff duly sworn to enquire of the damages, shall, in view of the land, certify the amount of damages which such owner may sustain by reason of the running of the road as aforesaid, which certificate shall be signed by the said jury, and shall also state the width and length of the land applied for by said company, and shall also contain a description of the same by mttes and bounds, which finding and Certificate to certificate of the jury shall be filed with and recorded by he the recorder of St. Clair county aforesaid. And when the
owner shall be paid, (he amount of damages assessed shall vest the right of way in such described land in said company; hut the said jury in assessing such damages, shall take into consideration the amount which the owner of the land will be benefitted, if any, by such railroad, and deduct the same from the value of the land condemned for right of way as aforesaid.
DepotB on ^Ec> The sa'^ company are hereby empowered to road. make and erect as many depots, and of such dimensions as
shall be necessary for the convenient use of said railroad, and may acquire as much land as may be necessary by purchase or by an inquest of a jury in manner and form as is described in the preceding section for obtaining and acquiring the right of way; and after such an inquest in relation to the right of way as aforesaid, or in relation to land necessary for a depot as aforesaid, if the amount of damages assessed shall be duly paid or tendered to the owner or owners, agent or occupantof the land, no writ of injunction shall prevent said company, or other person acting under its authority, from muKiiig and using said railroad and depots aforesaid. . . Sec. 5. The jury in assessing the damages aforesaid, lege/. shall not take into consideration any ferry privileges which
may he supposed to be affected by the making of such road or depots.'
Skc 6. S.iid company shall cause a book to lie opened subBook open to jeetst all times to the inspection of any member, which shall inspection. contain the names of all the members, and the estimated share of stock which each member may now or hereafter own; and the said shares may be transferred on the said books in the manner to be prescribed in the by-laws of said company, and each member shall share the loss of said company,"if any, in proportion to the amount of his capital, and share the profits in proportion to his capital. Farther pow- Sec. "t' Said company shall have power to acquire, own era. and employ steam power, or animal power, locomotives, cars
and cairiages. necessary for the transportation of pas>engers, coal, and every description of personal property on said road for themselves and all other persons. Act deemed Sue. 8. This act shall be considered a public act, and public. plead in all courts of law and equity.
Approved, February 26, 1841.
An ACT supplemental to "An aut to incorporate the Des Moines In force Feb.
Rapids Railroad Company." 27, 1841.
Sec. 1. Be it enacted by the People of the Slate of Illinois, represented in the General Assembly, That the time specified in the act to which this is supplemental, for commencing the construction of the Des Moines rapids railroad, is hereby extended until the first day of May, one thousand eight hundred Tjme extendand forty-three, and the time for completing the same until the first day of May,one thousand eight hundred and forty-six.
Skc. 2. The Des Moines rapids railroad company may connect the Des Moines rapids railroad with the Peoria and Warsaw railroad, at such point as they may deem expedient, "y conneo1and are authorized to complete so much of said Peoria and Warsaw railroad as lies between the point of intersection, and the town of Warsaw, and use the same until it may he needed by the State: Provided, That the State may resume . the use and control thereof at any time on paying to the com- r<m*°pany the amount of money expended in its completion, with interest at the rate of six per centum per annum.
Seo. 3. The company shall be entitled *.o receive from the State a sufficiency of railroad iron, plates and spikes to raiiroalfiroii! complete the superstructure of the said Des Moines rapids railroad at the original cost thereof: Provided, They make application for the same to the Governor, on or before the Proviao* first day of May, one thousand eight hundred and forty three; and on their entering into bond to be approved by him, to pay to the State within three years from the time of applica- To 8ive bondtion, the value of said iron, togpthei with six per cent, per annu.n interest from the time the said company may receive the same: Providd, That nothing in this section shall be construed so a? to require the State to furnish such iron, unless Prov"°it may be on hand and not otherwise disposed of, or appropriated.
Skc. 4. The time allowed to the Warsaw marine and fire insurance company for procuring subscriptions of stock Extension of and commencing operations, is hereby extended three years from the passage of this act.
Approved, February 27, 1841.
An ACT to aaiho-ize the Mount Carme] nnd Alton Railroad Company
to construct the Southern Cross Railroad. jn (orCP pe|j
Whereas, By an instrument bearing date the thirty-first day 27'' of March, one thousand eight hundred and thirty-seven, and now on file in the office of the Secretary of Stiile, the Mount Carmel and Alton railroad company relinquished preamHe upon certain conditions therein contained, to thrj* State of Illinois, their right to construct a railroad from Mount Carmel to Alton, as conferred upon them by an act entitled "An act to incorporate the Mount Carmel and Alton Railroad Company," approved, sixteenth of January, one
thousand eight hundred and thirty-six; and it being manifest that it will be impracticable for the State to comply with the terms upon which said relinquishment was made, therefore,
Sec. 1. Be it enacted by the People of the State of Illinois, rep* construct ,0 resenttd in the General Assembly, That the assent of the road State be, and it is hereby given to a recession of said relin
quishment, and that the Mount Carmel and Alton railroad company be, and they are hereby authorized to construct said road, as originally contemplated by the terms of their charter, any thing in said instrument relinquishing their right so to do to the State to the contrary notwithstanding.
Sec. 2. That within ninety days from the passage of this
Appraisers to act' sna" ^e *nc ^utv °^ tne Governor to appoint one combe appointed petent person, and the president and directors of said company one other person, whose duty it shall be, after being duly sworn, to ascertain and examine the amount of work done, and materials furnished by the State, on and for the construction of said road; they shall estimate the then value of such work and materials, and report the amount to the Governor, and to the president and directors of said company. Certificates of ^EC" That upon such report as is provided for in the stock. preceding section, being made, it shall be the duty of the president and directors of said company to issue a certificate of stock in favor of the State of Illinois, equal to the amount thus reported.
State may vote Sec. 4. That the State of Illinois, in the government of the affairs of said company, shall be entitled to the same number of votes and influence that an individual would be entitled to who might own the same amount of stock; and it shall be the duty of the Governor of the State, by himself, or his agent, to represent the stock owned by the State, in all elections which may take place under the authority of the act incorporating said company.
Sec 5. That all the rights and privileges conferred up
Powers con- on said company by their original act of incorporation, are
(erred. hereby confirmed to them, and the time limited in said act for the completion of said road, shall be extended to ten years from the passage of this act: Provided, That in the ap
Proviso. portionment of the profits of said road, the State shall be entitled to dividends in proportion to the amount of stock it may own, and be paid thus at the time other stockholders are
Further pro-paid: And Provided, furl her, That said company shall expend
vTM0' in the construction of said road the sum of twenty thousand
dollars annually, until they shall have expended an amount equal tothatsubscribed orowned by the State,the time to commence from and after the first day of January, one thousand
mencement"1" e'gnt hundred and forty-two, and if said company shall fail to expend such sum in any one year, so much of the work and materials as may have been furnished by the State, shall revert to it. The said company shall make out annually after the first day of January, one thousand eight hundred and Annual settleforty-t wo, a statement to be verified by the oath of some pro-memper officer of the company, exhibiting the amount expended by said company during that year: said statement to be laid before the Governor of the State.
Approved, February 27, 1841.
An ACT in relation to the Northern Cross Railroad between Springfield
and Jacksonville. In force Feb.
Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the Fund commis- ,
sioner is hereby authorized to take charge of all that part oftotaljeohaTM the Northern Cross railroad, situate between Springfield and of road the Illinois river. Before any part of said road shall be put Under contract, public notice shall be given in at least two public newspapers printed in this State, of the time, place, and terms of letting out the contract, and the same shall be given to the lowest responsible bidder.
Sec. 2. All the profits arising from said road are hereby appropriated and set apart to pay the interest on the one hun- Disposition of dred thousand dollars of State bonds authorized to be applied profits by the Fund commissioner towards the completion of so much of said road as lies between Jacksonville and Springfield, and the remainder, if any, shall be appropriated as may be directed by law.
Approved, February 27,1841.
An ACT to provide for the construction of a railroad from La Salle to
In force Feb.
Sec. 1. Be it enacted by the People of the State of Illinois, ' . represented in the General Assembly, That all persons who shall become stockholders pursuant to this act, shall be, and they are hereby constituted a body politic and corporate for the term of fifty years, by the name of the "Illinois and Rock Name & "'*'* River Railroad company," for the purpose of constructing and maintaining a railroad between the village of La Salle, in the county of La Salle, and the village of Dixon, in the county of Lee, terminating at such points on Rock river, the aon Illinois river, or on the Illinois and Michigan canal, and to be on such route between said points as the majority of the directors of said company shall determine to be best adapted to the public accommodation, and take, transport, carry and convey property and persons upon the same, by the power and force of steam, of animals, or any mechanical power, or any combination of them.
Sec. 2. If the said corporation shall not within one year from the passage of this act commence the construction of 200
Time to com-snid railroad, and shall not within five years from the pas
complete sa8° °' act nn>sn tne Sfua railroad and put the same in
operation, then the said corporation shall thenceforth forever
cease, and this act shall he null and void. Capital »tock SEC, 3. The capital stock of said corporation shall be five
hundred thousand dollars, which shall be divided into shares Shams deem-of fifty dollars each, which shares shall be deemed personal ed personal property, and be transferred in such manner as the said property corporation shall in its by-laws direct.
Sec. 4. Horatio Newhall, of Jo Daviess county, Michael
Kennedy, of La Salle coutity, William Wilkinson of Lee
Distribution of stock
county, nnd Oliver Everett, of Lee county, shall be commis10 sioners whose duty it shall be within six months after the passage of this act, at some su:table place in the villages of La Salle and Dixon, and in such other places as they or a majority of them shall direct, to open books to receive subscriptions to the capital stock of the said corporation, and thirty days'1 public notice shall be given by the said commissioners of the time and place of the opening of such books, in one of the public newspapers in either of the said villages, and in the State paper; and the said commissioners shall at the time of any subscription require the payment to them, of the person or persons subscribing, two dollars and fifty cents per share subscribed, and unless the same shall be paid the subscription shali be invalid; and in case a greater amount in the whole shall be subscribed than five hundred thousand dollars, the said commissioners shall distribute the stock in such manner as the majority of them shall deem most advantageous to the public interest; but in case the capital stock of said corporation shall not be subscribed, then the said commissioners shall be authorized to re-open the said books at such other times and places, and in such manner, and after such notice as they or a majority of them shall direct; and whenever the s.-iid capital stock shall have been subscribed and distribution made as aforesaid, or as soon thereafter as practicable, it shall be the duty of said commissioners to give thirty days' notice in some public newspaper or newspapers for a meeting of the stockholders at such time and place as the said commissioners or a majority of them shall appoint, to choose five directors, and such election shall be then and there made by such of the stockholders as shall attend for that purpose, either in person or by lawful proxy; each share Inspectors of of the capital stock entitling a stockholder to one vote, and first election. tnt. said commissioners shall be inspectors of the first election of directors ol the said corporation, and shall certify under their hands, the names of those persons duly elected, and deliver over the subscription money and books to the said directors, and the time and place of holding the first meeting of the directors shall be fixed by the said commissioners, of Sec. 5. The directors are hereby authorized to make or cause to be made such examinations and surveys on the