Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That John H. Kinzie, Gurdon S. Hubbard, Peter Pruyne, George W. Dole, John H. Murphey, Isaac R. Moores, Leander Munsell, Gideon Minor, Milton K. Alexander, William B. Archer, James C. Hillibert, James S. Ota, Wickliff Kitchell, Samuel Harris, Abner Green, David S. Bonner, Arthur Bronson and Samuel Munday, and all other such persons as shall become stockholders, agreeably to the provisions of this act, in the corporation hereby created, shall be and continue for the term of sixty years from the passage of this act, a body corporate and politic, by the name of “The Chicago and Vincennes Rail Road Company.”

Sec. 2. The corporation shall have the right to construct, and during its existence, to maintain and continue a railroad or railroads, with a single or double track, and with such appendages as may be deemed necessary for the convenient use of the same, to transport, take and carry persons and their property on the same by the power or force of steam, of animals, or any other mechanical or other power, or of any combination of them, for the term of sixty years from the passage of this act, commencing at any eligible part of, or point in the said town of Chicago, and county of Cook, and extending from thence on the most eligible and practicable route, as a majority of the directors of the company shall determine, passing through Iroquois county, Danville in Vermilion county, Paris in Edgar county, thence through Clark county to Palestine in Crawford county, and thence to the water’s edge on the west bank of the Great Wabash river, in Lawrence county, opposite Vincennes.

Sec. 3. If the said corporation hereby created, shall not, within three years from the passage of this act, commence the construction of said road, and expend at least the sum of twenty-five thousand dollars thereon; and shall not, within eight years from the passage of this act, construct, finish and put in operation, the single or double railroad, then the said corporation shall, thenceforth, forever cease, and this act shall be null and void.2

Sec. 4. The capital stock of the corporation hereby created, shall be three millions of dollars, which shall be divided into shares of fifty dollars each, which shall be deemed personal property, and be transferable in such manner as the said corporation shall by, by-laws direct.

Sec. 5. John H. Kinzie, Gurdon S. Hubbard, Peter Pruyne, George W. Dole, John H. Murphey, Isaac R.

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Moores, Leander Munsell, Gideon Minor, Milton K. Alexander, William B. Archer, James C. Hillibert, James S. Ota, Wickliff Kitchell, Samuel Harris, Abner Greer, David S. Bonner, Arthur Bronson and Samuel Munday, shall be commissioners, whose duty it shall be, within one year from the passage of this act, at the Cities of New York and Philadelphia, and the towns of Chicago, Danville and Vincennes aforesaid, to open books to receive subscriptions to the capital stock of said corporation; and sixty days public notice shall be given by the said commissioners of the time and place of opening such books, in one of the public newspapers printed in New York, Philadelphia, Vandalia, Chicago, Danville, Terre Haute and Vincennes; and the said commissioners shall, at the time of any subscription by any person or persons for the capital stock of said corporation, require the payment to them, by the person or persons subscribing, of five dollars towards and upon every fifty dollars so subscribed; and unless the same shall be paid, the subscription shall be invalid. And in case a greater amount of capital stock shall be subscribed for than the sum of three millions of dollars, the said commissioners shall distribute the stock in such manner as a majority of them shall deem most advantageous to the interest of the corporation; but in case the capital stock shall not be subscribed for, then the said commissioners shall be authorized to re-open said books at such times and places, and in such manner and after such notice, as they or a majority of them shall direct; and whenever the said capital stock shall have been subscribed and distribution made as aforesaid, or as soon thereafter as practicable, it shall be the duty of the said commissioners to give thirty days notice in a public newspaper printed in New York, Philadelphia, Chicago, Danville and Vincennes, for a meeting of the stockholders of the corporation to meet at Danville to choose thirteen directors; and such election shall then and there be made by such of the stockholders as shall attend for that purpose, either in person or by lawful proxy. Each share of the capital stock, owned thirty days previous to the day on which any election for directors shall take place, shall entitle the owner and holder to one vote, either personally or by lawful proxy; and the said commissioners shall be inspectors of the first election of directors of the said corporation, and shall certify, under their hands, the names of those duly elected, and deliver over the subscription money and books to said directors; and the time of holding the first meeting of the directors shall be fixed by the said commissioners; and the said directors shall cause such examinations and surveys for the said railroad to be made, as may be necessary to the selection by them of the most ad-

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vantageous line, course or way, for the said road, on the route set forth in the second section of this act; and the said directors shall, after such examinations and surveys shall be made, select, and by certificates under their hands and seals, designate the line, course or way, which they or a majority of them shall deem most advantageous for the said railroad; one report, survey, courses and distances, with a certificate annexed thereto, shall be filed in the office of Secretary of State, and one to be presented to the Recorder of each county, through which said road shall pass, and be recorded, filed and preserved; which line, course or way, so selected, certified, filed and recorded, shall be deemed the line, course or way on which the said corporation shall construct, erect, build or make the raildroad as hereinafter mentioned.

Sec. 6. The first directors to be chosen, shall hold their offices until the first Monday of June in the year next succeeding their election, and until others shall be chosen; and every election of directors thereafter, shall be annually at Danville on the first Monday in June in each and every year, giving thirty days previous notice of the same in a public newspaper printed at Chicago, Danville and Vincennes, or two of said places, if a paper should not be printed at each point. Every election shall be held under the inspection of five stockholders not being directors, who shall be previously appointed by the board of directors. All elections shall be by ballot, and a plurality of the votes given shall constitute a choice; one, at least, of the directors shall reside in each of the counties, viz: Cook, Iroroquois, Vermilion, Edgar, Clark, Crawford and Lawrence; but no county shall be entitled to a director, unless stock be taken by the county or the citizens thereof, and owned thirty days previous to the election, to the amount of at least five thousand dollars; nor shall any stockholder be eligible to the office of director, unless he shall own stock to the amount of at least two hundred dollars. In case of an equal number of votes for any two or more directors, the remainder of the directors shall, by ballot, determine who shall be entitled to a seat at the board.

Sec. 7. In case it should at any time happen that an election of directors shall not be made on any day when, pursuant to this act, it ought to have been made, the said corporation shall not, for that cause, be deemed to be dissolved; but such election may be held at any other time directed by the by-laws of said corporation, within sixty days after the day in which it should have been held.

Sec. 8. The corporation is hereby empowered to purchase, receive and hold such real estate as may be necessary and convenient in accomplishing the objects for which

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this corporation is granted; and may, by their agents, surveyors and engineers, enter upon and take possession of, and use, all such lands and real estate as may be indispensable for the construction and maintenance of their single and double railroad or way, and the accommodations required and appertaining thereto; and may also receive, hold and take all such voluntary grants and donations of land and real estate for the purpose of said road, as shall be made to the said corporation by the General Government, or by any corporation, company, individual or individuals, to aid in the construction, maintenance and accommodation of the said single or double railroad or way, completely vesting in said company and corporation absolutely the fee simple to the same; but all lands or real estate thus entered upon for materials or otherwise, which are not donations or owned by the company, shall be purchased by the said corporation of the owner or owners of the same, at a price to be agreed upon mutually by the company and the owner or owners; and in case of a disagreement as to price, and before taking any materials or making any portion of said road on said land, it shall be lawful for the commissioner, superintendent, or other authorized person, to apply to some justice of the peace of the county where the same may occur, who shall cause three freeholders to be summoned, and after being sworn faithfully and impartially to examine the materials or ground to be pointed out to them by the commissioner, superintendent or other authorized person or persons, and notice having been given to the owner of the property, said freeholders shall assess the damages which they shall believe such owner or owners will sustain over and above the additional value which such lands will derive from the construction of such road, and make two written reports, signed by at least a majority of them, one of which they shall deliver to the commissioner, superintendent, or other person requesting the view, and the other to the justice of the peace, and the amount of damages and costs being paid to the owner or deposited with the justice of the peace, the road may be located, constructed, and materials taken; but if either party shall be dissatisfied with the valuation, an appeal where lands are in question, may be taken to the circuit court of the county, by petition, stating all the facts, and particularly setting forth the land and premises, the necessity of such land for making such railroad, and the attempt and failure to purchase the same, with the name and residence of the owner, and the reasons why the purchase cannot be made. And the circuit court, to whom such appeal and petition shall be presented, acting and sitting as a court of chancery, shall direct such notice to the owner

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and parties, as may be deemed fair and reasonable, of the time and place of hearing the parties, and upon proof of due service of such notice, and upon hearing the parties, said court shall appoint three competent and disinterested freeholders of the county in which the lands are situated, to be commissioners to appraise said lands, and the damages the owner or owners thereof shall sustain by reason of their appropriation to the uses of said company. The said commissioners shall cause due notice in writing to be served on said owner or owners, or in case of absence, to be left at his or their usual place of residence, of the time when they will act in the premises. They shall examine the lands; may administer oaths and hear testimony, and shall make their appraisement in writing without delay, under their hands, with a minute and accurate description of the land appraised, with a map thereof, awarding to the owner or owners thereof what they shall deem to be due and the full value thereof, as also the damages, if any, they otherwise may sustain from the making and maintaining of said road, and report the same with the testimony taken to the court. The court shall examine said report, and if required by either, hear the parties in relation thereto, and increase or diminish the damages and valuation, if the court shall be satisfied that injustice has been done. The commissioners shall be allowed one dollar and fifty cents each per day, and payment of costs to be awarded as the court may judge equitable, and make a decree for payment of damages and conveyance, describing the land, and reciting the appraisement of damages and the mode of making it; and all other facts necessary to a compliance with this act, and when the order or decree shall be fully complied with on the part and behalf of the company, the company shall be possessed of all such lands or real estate, and may enter upon and take possession of, and use the same for the purpose of said road. Where the question shall arise as to materials to construct the road, or damage done by passing through lands in collecting the same, there shall be no appeal to the circuit court; but in case the parties, or either of them, shall be dissatisfied, and it shall appear to the justice to be right, he may set aside the first valuation, and appoint other viewers or commissioners to appraise and value the materials, whose award shall be final, and the costs be divided as may appear right and just between the parties, or all against one party.

Sec. 9. In case any married woman, infant, idiot or insane person, or non-resident of the State, who shall not appear after such notice, shall be interested in any such lands or real estate, the circuit court shall appoint some competent and disinterested person to appear before the said com-

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missioners, and act for and in behalf of such married woman, infant, idiot, insane person, or non-resident.

Sec. 10. The said corporation is hereby authorized and empowered to regulate the time and manner in which goods, passengers and property shall be transported, taken and carried on the same, and shall have power to erect and maintain toll houses and other buildings necessary for the accommodation of their concerns, and from time to time to fix, regulate, demand, and receive the tolls and charges by them to be received for transportation of persons or property on the single or double railroad or ways aforesaid.

Sec. 11. If any person or persons shall willfully do, or cause to be done, any act or acts whatever, whereby any buildings, construction or work of the said corporation, or any engine, machine or structure, or any matter or thing appertaining to the same, shall be stopped, obstructed, impaired, weakened, injured or destroyed, the person or persons so offending, shall be deemed guilty of misdemeanor, and shall forfeit and pay to the said corporation, treble the amount of damages sustained by means of such offence or injury, to be recovered in the name of the 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. 12. All the officers and agents necessary to carry on and superintend the interest of the corporation, shall be appointed or elected, and continue in office as the directors shall determine and point out in the by-laws and general regulations of the company; and it shall be lawful for the directors to require payment of the sums to be subscribed to the capital stock at such times, and in such proportions, and on such conditions as they shall deem fit and right, under the penalty of the forfeiture of all previous payments thereon, and shall give notice of the payments thus required, and of the place and time, when and where the same are to be paid, at least thirty days previous to the payment of the same, in a public newspaper printed in Chicago, Danville and Vincennes.

Sec. 13. Whenever it shall be necessary for the construction of their single or double railroad or way, to intersect or cross any stream of water or water courses, or any road or highway, being betwixt the place of beginning and termination of the said road, viz: From Chicago to the west bank of the Wabash river opposite Vincennes, it shall be lawful for the said corporation to construct their single or double railroad or ways, across or upon the same; but the corporation shall restore the stream or water course, or road or highway thus intersected, to its former state, or in a sufficient manner not to have impaired its usefulness,

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and shall moreover erect and maintain sufficient fences upon the sides of the route of their single or double railroad whenever it passes through enclosed lands.

Sec. 14. It shall be lawful for any railroad company which may hereafter be incorporated, to join and unite with the railroad company hereby created and incorporated, at any point at which the directors of the company hereafter to be incorporated may think advisable, on such terms as the directors of the companies respectively may agree upon; and in case of a disagreement between the directors of the said companies, then upon such terms as the circuit court of Vermilion county in this State, shall upon full view of the premises and facts connected with the case, determine to be equitable and just between said companies.

Sec. 15. The said corporation shall have the right to bring suit in any court in the State having jurisdiction of the case, and prosecute to judgment and recovery, and defend when sued, both at law and in equity, and shall be entitled to all the rights and privileges which such corporation by the common or statute laws, governing the case, ought and should of right have; and in like manner the company may be sued in any court in the State, which according to the rules of law and equity, can take cognizance of the case. The whole of the stock of the company and corporation shall be deemed personal property, and together with all the tools, implements, machinery, apparatus of every description used and employed, or on hand belonging to the company, shall be liable to be seized, executed and sold, after judgment, to make good any contract, agreement or stipulation made by any agent, superintendent or authorized person, and it shall be a sufficient service of process to serve the same either on the President of the board of directors or the Secretary of the company, and in case of absence, to leave a copy at the office thereof.3

Approved, Jan.[January] 17, 1835.