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organized under any law or laws of this State, in force before the first day of March, A. D. 1872, is hereby empowered from time to time to borrow such sums of money as may be necessary, for completing, furnishing, improving or operating any such railroad, and to issue and dispose of its bonds for any amount so borrowed, and to mortgage its corporate property and franchises to secure the payment of any debt contracted by such corporation for the purposes aforesaid; but the concurrence of the holders of two-thirds in amount of the stock of such corporation-to be expressed in the manner hereinafter provided-shall be necessary to the validity of any such mortgage; and the order or resolution for such mortgage shall be recorded as provided in this act; and the directors of such corporation shall be empowered, in pursuance of any such order or resolution, to confer on any holder of any bond, for money so borrowed as aforesaid, the right to convert the principal due or owing thereon into stock of such corporation at any time not exceeding ten years after the date of such bond, under such regulation as may be provided in the by-laws of such corporation.

31. How concurrence of stockholders expressed. § 2. The concurrence of the holders of at least two-thirds in amount of the capital stock of such corporation in the creation of any such debt and the execution of any such mortgages, shall be made manifest by the votes cast by such stockholders in person or by proxy, on the passage of appropriate orders or resolutions at a meeting of the stockholders of such corporation, called by the directors thereof for such purpose.

32. Notice of meeting. 3. The directors of such corporation shall give notice of such meeting by causing written or printed notices thereof to be either personally served upon or duly mailed (postage prepaid) to such stockholders whose names and address shall be known to said directors, such notice to be so mailed at least sixty days before the time fixed for such meeting. The said notices shall state the time and place of such meeting and the purpose thereof, as well as the amount of the proposed indebtedness. The said directors shall also cause like notices to be inserted in some newspaper published in each county through which said road shall run (if any newspaper shall be published therein), at least sixty days prior to the day appointed for such meeting. 33. Resolutions, etc., recorded. $4. When such meeting shall be held, the resolution or order authorizing the creation of such indebtedness, and the execution of the mortgage to secure the same, together with the result of the vote thereon, shall be recorded in the office of the recorder of deeds of each county through which said road shall run, and shall also be recorded in the office of the secretary of State.

AN ACT to enable railroad companies to enter into operative contracts, and to bor [*807] row money. [Approved Feb, 12, 1855. Pr. L. 1855, P. 304.] 34. Operative contracts-property. SEC. 1. All railroad companies incorporated or organized under, or which may be incorpora ted or organized under the authority of the laws of this State, shall have power to make such contracts and arrangements with each other, and with railroad corporations of other States, for leasing or running their

roads, or any part thereof; and also to contract for and hold in fee simple or otherwise, lands or buildings in this or other States for depot purposes; and also to purchase and hold such personal property as shall be necessary and convenient for carrying into effect the object of this

act.

[W. U. R. R. Co. v. Smith, 75 l. 496; I. M. Ry. Co. v. People, 84 111. 426; Hatcher v. T. W. & W. R. R. Co., 62 Ill. 477; Prouty v. Lake Shore & M. S. R. R. Co., 52 NY. 363; C. R. I. & P. R. R. Co. v. Moffitt, 75 Ill. 524 ; C, C. & L. C. Ry. Co. v. Skidmore, 69 Ill. 566; Arbuckle v. I. M. Ry. Co., 81 Ill. 429: Morgan Co. v. Thomas, 76 II. 121; O. O. & F. R. R. Co. v. Black, 79 111. 263; West v. St. L. V. & T. H. R. R. Co., 63 Ill. 545.

35. Connections. § 2. Al! railroad companies incorporated or organized, or which may be incorporated or organized as aforesaid, shall have the right of connecting with each other, and with the railroads of other States, on such terms as shall be mutually agreed upon by the companies interested in such connection.

3, repealed. See "Statutes, " ch. 131, § 5.

[I. M. Ry. Co. v. People, 84 Ill. 426.

AN ACT to facilitate travel and transportation. [Approved and in force February 25, 1867. L. 1867, p. 174]

36. Use of bridges. SEC. 1. Railroads terminating, or to terminate at any point on any line of continuous railroad thoroughfare where there now is or shall be a railroad bridge for crossing of passengers and freight in cars over the same as part of such thoroughfare, shall make convenient connections of such railroads, by rail, with the rail of such bridge; and such bridge shall permit and cause such connections of the rail of the same with the rail of such railroads, so that by reason of such railroads and bridge, there shall be uninterrupted communication over such railroads and bridge as public thoroughfares. But by such connections no corporate rights shall be impaired.

AN ACT relating to lessees in this State of railroads in adjoining States. [Approved
March 30, 1875
In force July 1, 1875. L. 1875, p. 96.]

*37. Railroads in this State may acquire certain roads in other States. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all railroad companies incorporated or organized, or which may be incorporated or organized under the laws of this State, or of this and any adjoining State, which now are, or at any time hereafter may be, in possession of and operating connecting railroads in States adjoining this State under lease in perpetuity, or for a period of not less than twenty years, shall have power to purchase the remaining interests, property and franchises of the lessors of such railroads situated in such adjoining States, on such terms and conditions as may be agreed upon by the parties, or their assigns, to such lease: Provided, that nothing in this act shall be so construed as to authorize any corporation acting by or organizing under the laws of any other State to purchase or otherwise become the owners of any railroad in this State.

AN ACT to empower township trustees to sell and convey right of way and depot grounds for the use of railroads crossing school lands. [Approved April 13, 1875. In force July 1, 1875. L. 1875, p. 96.]

*38. School trustees may convey right of way, etc. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the trustees of schools of any township concerned are hereby authorized and empowered, in their corporate capacity, to sell and convey to any railroad company which may construct a railroad across any of the public school lands of such township, the right of way and necessary depot grounds. All money received by such trustees for any right of way or depot grounds so sold, to be turned over by such trustees to the treasurer of the township, for school purposes.

AN ACT to facilitate the carriage and transfer of passengers and property by railroad companies. [Approved May 24, 1877. In force July 1, 1877. L. 1877, p. 167.] *39. Powers to own and use water craft. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all railroad companies incorporated under the laws of this State, having a terminus upon any navigable river bordering on this State, shall have power to own for their own use any water craft necessary in carrying across such river any cars, property or passengers transported over their lines, or transported over any railroad terminating on the opposite side of such river to be transported over their lines: Provided, that no right shall exist under this act to condemn any real estate for landing for such water craft, or for any other purpose. And this act shall only apply to such railroad companies as own the landing for such water craft: Provided, also, that nothing in this act shall be held to impair or affect any right or privilege granted any ferry company incorporated under the laws of this State; and that all the powers and rights herein granted said railroad companies shall be subject to whatever rights and privileges may have heretofore been granted to any ferry company in this State, and that nothing in this act shall prevent said railroad companies from being subject, in the use of such water craft, to all laws of the State regulating ferries now in force or hereafter to be in force: And, provided, further, that nothing in this act shall be held or construed to authorize any railroad or railway company doing business under any charter granted by this State, to consolidate with any railroad or railway company out of this State, so as to form one continuous line of railroad, or otherwise to alter, modify or repeal any provision of any such charter granted by this State; or to impair the rights of this State as now reserved to it in any such charter.

AN ACT compelling railroad companies in this State to build and maintain depots for the comfort of passengers, and for the protection of shippers of freight at towns and villages on the line of their roads. [Approved May 23, 1877. In force July 1, 1877. L. 1877, p. 165.]

*40. Required to build and maintain depots. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all railroad companies in this State carrying passengers or freight shall, and they are hereby required to build and maintain depots for the comfort of passengers and for the protection of shippers of freight,

where such railroad companies are in the practice of receiving and delivering passengers and freight, at all towns and villages on the line of their roads having a population of five hundred or more.

[T. W. & W. R. Co. v. Williams, 77 Ill. 354; Chicago & N. W. Ry. Co. v. Coss, 73 Ill. 395: T. W. & W. Ry. Co. v. Grush, 67 Ill. 263; I. C. R. R. Co. v. Hammer, 72 Ill. 347; Disbrow v. C. & N. W. Ry. Co., 70 Ill. 247.

41. Penalty. § 2. Any railroad company in this State failing to comply with the provisions of the preceding section after this act shall go into effect, and within ninety days after notice in writing of its failure to comply with the provisions of said section shall have been served upon any agent of said railroad by the authorized agent of any town or village aggrieved, shall pay for each and every day it shall neglect, the sum of fifty dollars ($50.00) to be recovered in an action of debt before any justice of [the] peace, in the name of the people of the State of Illinois, in any town or village aggrieved. Said penalty to be paid to the said town or village for the school fund.

UNION DEPOTS.

AN ACT authorizing the formation of union depots and stations for railroads in this State. [Approved April 7, 1875. In force July 1, 1875. L. 1875, p. 97.]

*42. Who may form corporation. SEC. I. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in order to facilitate the public convenience and safety in the transmission of goods and passengers, from one railroad to another, and to prevent the unnecessary expense, inconvenience and loss attending the accumulation of a number of stations, any number of persons, not less than five, are hereby authorized to form themselves, or any two or more railroad companies may themselves form or join individuals in forming a corporation for the purpose of constructing, establishing and maintaining a union station for passenger or freight depots, or for both, in any city, town or place in this State, with the necessary offices and rooms convenient for the same, and appurtenances thereto, and for that purpose may make and sign articles, in which shall be stated the number of years the same is to continue, the city, town or place in which the same is to be located, the amount of the capital stock of said company, which shall not exceed three millions of dollars, the amount of each share of stock, the names and places of residence of its directors, which shall not be less than five nor exceed fifteen, who shall manage its affairs for the first year, and until others are chosen in their place, and shall also state the amount of stock taken by each subscriber.

*43. Articles of association. § 2. Any association of persons or corporation, desiring to become incorporated under the provisions of this act, shall present their articles of association to the circuit court of the county in which such city or place is, or to the judge thereof in vacation, with the petition from such members for a certificate of incorporation under the provisions of this act, to which petition shall be added or appended a certificate of at least two railroad companies who have tracks leading into said city, town or place, stating its public utility, and that

they expect to make arrangements for its use when it shall be constructed, signed by the presidents of their respective companies.

*44. Certificate of incorporation. 3. If the circuit court, or any judge thereof, in vacation, shall be satisfied that said certificate has been signed by such companies, then the said court or judge upon filing the said petition, articles and certificate aforesaid, with the clerk of the court, shall grant to the said association a certificate of incorporation, which may be in the following form, to-wit :

Whereas, A, B and C, etc., (stating the names) have filed in the office of the clerk of the circuit court their articles of association, in compliance with the provisions of an act entitled An act authorizing the formation of union depots and stations for railroads in this State," approved (stating day of approval,) with their petition of incorporation, under the name and style of ; they are therefore hereby declared

a body politic and corporate, by the name and style aforesaid, with all the powers, privileges and immunities granted in the act above named. By order of circuit court (or judge thereof,) attest: clerk of circuit court of county

And thereupon, upon filing the same, or a certified copy thereof, in the office of the secretary of State the said association, from the time of such filing, shall be a corporation under the laws of this State.

*45. Corporate powers defined—provisos and limitations. 4. Every corporation formed under this act, in addition to the general powers conferred by the laws of this State in relation to corporations, shall have power

First-To take and hold such real estate as it may acquire either by conveyance to said corporation, or such as it may acquire under the provisions of this act by condemnation, and which shall be necessary for the transaction of its business.

Second-To take, occupy and condemn any land, and real estate, or any interest therein needed for the establishment of such union station or depot, and necessary approaches thereto, and the same proceedings shall be had therefor as are now or may hereafter be provided by law, concerning the condemnation of lands for or by railroad companies in the State, so far as such laws are applicable to the purposes of this act; and when so condemned, the said land, and any interest therein, shall belong to such corporation for the purposes of this act : Provided, that nothing in this act shall be construed to authorize the condemnation as depot grounds of any railroad which is not of the same gauge of those joining in the petition: Provided further, that none of the provisions as this act relating to the condemnation of lands, shall extend to any land er lands to which any municipal corporation has a title.

Third-With the consent of the corporate authorities of the city, town or place in which said station or depot is to be constructed, to have the right to lay the necessary track or tracks over, upon or under such streets or roads of said city, town or place as may be necessary to make the necessary connections with railroads proposing to use said union depot, and may, with such consent, also construct such station or depot, under, over or upon any such streets or roads: Provided, that all injury, if any, that may be occasioned to the property fronting on any streets or roads, by the laying of any railroad tracks, or the location of any depot upon such streets or roads, under the provisions of this act, shall be assessed

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