Sec[Section] 1^st Be it enacted by the people of the State of Illinois represented in the General Assembly, That John Williams[,] James Bell and George Forquer ^of^ Springfield[,] John H Murphey[,] Samuel M^cRoberts[,] George W Cassiday ^of Vermilion County^, Mathew Stacy[,] James Tilton and Levi Harlan of Morgan County, Joseph T. Holmes[,] Edward L. Pearson & John ^W^ M^cFadden of Adams Co. and all such other persons as shall become stockholders agreeably to the provissions of this act in the corporation hereby created shall be and continue for the space of Sixty years, from the passage of this act, a body corporate and politic by the name of the Wabash and Mississippi Rail road company

Sec. 2.
The said corporation shall have the right to construct, and during its existence to maintain and continue, a Rail Road or Rail Roads with a single or double tract, with all Such appendages as may be deemed necessary, for the convenient use of the same, and to transport take and convey, persons, and property of every kind upon the same, by the power and force of steam, animals or any mechanical or other power, or any combination of them, which the said corporation may choose to employ for and during the term of sixty years, from the passage of this act.

Sec. 3. Said Rail Road shall commence at a point on the state Line between the states of Indiana and Il[linois] to be selected by the Directors, Where a Direct Line from Danville, either to Lafayette Covington or Perryville

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crosses said State Line, thence to the Town of Danville in Vermillion County, thence to Decature in Macon Count[y,] thence to Springfield in Sangamon County, thence to Jacksonville in Morgan County, thence to Meridosia in said County, ^Thence to Mount Sterling in Schuyler county^ thence to Quincy in Adams County.

Sec 4.
If the said corporation hereby created shall not within four years from the passage of this act, commence the construction of said Rail Road or way, and within that time expend thereon at Least the sum of Twenty Thousand Dollars, and shall not within Ten years from the passage of this act, construct finish and put in operation said single or double Tract Rail Road over at Least one half the distance prescribed in the Second section hereof, then the said corporation shall forever ^cease^ and this act shall be null & void.

Sec 5.
The capital stock of said corporation shall be three million^s^ of Dollars, with Liberty for said company if they shall deem it necessary to increas the same, to five millions, which shall be divided into shares of Fifty dollars each and which shall be transferable in such manner as said corporation may direct, and the same shall be deemed personal property

Sec. 6.
That James Bell, Robert Irvin, & Thomas Hougan, John H Murphy, Sam^l McRoberts[,] George W. Cassady, shall be commissioners, the duty of whom or a majority of them shall be at some suitable place in the cities

of New York and Philidelphia & S^t Louis, Buffalo and in the Town’s of Alton Quincy[,] Jacksonville[,] Springfield and Danville Illinois, at all or any of said places, to open Books to receive subscriptions to the capital Stock of said corporation, and to do such other things as in their opinion is best calculated, to have said Stock taken up and subscribed for sixty day’s public notice shall be given by said commissioners of the time and place of the opening of said Books in one of the public News papers in each of said places, 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 of 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 the millions of Dollars. The said commissioners shall distribute and graduate 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 and are hereby authorized to reopen said books at such times and places, and in such manner and after such notice as they or a majority of them shall direct.

Sec. 7. That whenever the said capital stock shall have been subscribed for and and Distribution made as aforesaid, It shall be the duty of said commissioners, to give Thirty days notice in one of the public Newspapers printed in each of the towns above named for a meeting of the stockholders of Said corporation to meet at the Town of Springfield to choose seven Directors, and said Notice shall specify the time of holding said meeting. 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.

Sec. 8. That each share of the capital stock owned ten days previous to any Day of election for directors, shall entitle the owner and holder to one vote either personally or by proxy, and the said commissioners shall be inspectors of the first election of Directors of said company, and shall certify under their hands the names of [...?] those duly elected, and deliver over the subscription money, books and papers, to said Directors and the time and place of holding the first meeting of Directors shall be fixed by said commissioners.

Sec. 9. The said Directors shall cause such examinations and surveys for the said Rail Road to be made as may be necessary to the selection by them of the most advantageous Line course or way for the said Road on the route set forth in the Third Section of this act,

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and make a Report, signed by at[...?] Least a majority of them, one of which they shall deliver to the Commissioner superintindent or other authorized person or persons, requiring said view and assessment and the other to the Justice of the peace by whom they were sworn and the amount of Damages and costs thus assessed being paid to the owner or owners, or deposited with the Justice of the Peace aforesaid the Road may, be constructed and Located on said Lands, and the materials aforesaid be taken. If either party shall be dissattisfied with the valuation, where Lands are in question an appeal may ^be had^ to the circuit court of ^the^ County in which the Lands may Lie, by petition setting forth the facts of the case discribing the Land and premises and the necessity of such Land for making Said Rail Road and the attempt and failure to purchase the same with the name and Residence of the owner or owners of the same and the reasons why the purchase cannot be made, and the circuit court aforesaid acting and setting as a court of chancery, shall direct such notice to the owner and parties as shall be deemed reasonable of the time and hearing of the parties: Provided: That in case the appelled shall have had five days previous notice in writing of the taking of the appeal no further notice shall be necessary, but said court shall proceede to hear and determine said

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Government, or by any corporation company individual or individuals to aid in the construction mantainance and accommodation of the said Rail Road, completely vesting in said company & corporation absolutely in Fee Simple the same. But all Lands and real Estate thus entered upon for materials or otherwise which are not donated, or owned by the company, shall be purchased by the said corporation of the owner, or owners, thereof at a price to be agreed on mutually by the company and the owner or owners. In case of a disagreement as to price and before the taking of any materials or making of any part of said Road on said Land in controversy it shall be Lawful for the commissioners superintendents or other authorized person or persons, of said company, to apply to some Justice of the peace of the county in which said Lands or materials may be situate, who shall cause five freeholders to be summoned, who after being duly sworn faithfully and impartially to examine the ground or materials to be pointed out to them by the commissioner superintendent or other authorized person or persons, and reasonable notice having been given to the owner or owners, of the property. Said Freeholders shall assess the damages which such owner or owners, will sustain over and above the additional value which such Land will derive from the construction of such Road

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 or course or way which they or a majority of them Shall deem most advantageous for the said rail road, one Report of said Survey with causse’s and distances with a certificate annexed thereto shall be filed in the office of the Secretary of State, and a copy thereof presented to the Recorder of each county through which Said road shall pass, and be recorded filed & 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 erect build or make the Rail Road as heretofore mentioned.

Sec. 10. The first Directors to be chosen shall hold their offices until the first Monday in December, in the year next succeeding their elections and until others shall be chosen, and every election of Directors thereafter shall be held annually at Springfield on the first Monday of December, in each and every year, notice of the same being first given Twenty days thereto in a Public Newspaper printed in each of the Towns of Quincy Alton Jacksonville Springfield and Danville. Every election shall be held under the inspection of three stockholders not being Directors who shall be previously appointed by the board of Directors. All elections shall be determined by Ballot and a plurality of the votes given shall constitute a choice. No stockholder shall be

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Eligeble to the office of Director unless he shall own stock to the amount of Ten shares. In case an equal number of votes should be given for any two or more for Directors, the Remainder of the Directors chosen, shall by Ballot determine who shall be entitled to a seat at the Board

Sec. 11.
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 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, on which it should have been held

Sec 12.
The said corporation is hereby empowered, to purchase receive and hold such Real estate as may be necessary and convenient for the accomplishing the objects for which this act of Incorporation is granted and may by their agents, surveyors and engineers enter upon and take possession of and use all such Lands and Real estate and Materials as may be indispensible for the construction and mantainance of their Rail Road or track way, and accommodations and appurtenances required and appertaining thereto, and may also receive, hold and take all such voluntary grants and donations of Land and real Estate, and materials for the purposes of said Rail Road as shall be made to the said corporation by the General or State G . . .

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Last aforesaid whose award in writing in the premises shall be final and who shall apportion the costs on one or boath of the parties, as to them may seem Just and proper

Sec 13.
In case any [married?] woman infant ediot or insane person or any non Resident of the State who shall not appear after Such Notice shall be interested in any such Land or Real estate, the circuit courts or Justice of the Peace shall appoint some competent and suitable Person to appear before said commissioners or said circuit court and act for and in behalf of such [Married?] woman infant insane person ediot, or non Resident of the State.

Sec. 14.
The said corporation is hereby authorized and impowered to regulate the time and manner, in which goods passengers and property shall be transported taken and carried on said Rail Road and shall have power to erect and mantain toll Houses and other buildings necessary for the accommodations of their concerns, and from time to time to fix regulate demand and receive the tolls and charges by them to be received for the transportation of property and persons on the single or double Rail Road, or ways aforesaid.

Sec. 15.
If any person shall wilfully do or cause to be done any act or acts, whatever whereby any building construction or work of the said corporation or . . .

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case as [speedially?] as practicable and upon proof of the service of notice of the appeal and upon hearing the testimony of the parties (which may be taken orally or by Depositions[)] it shall make such order and Decree in the premises as to it may seem proper and equitable and may either increase or diminish the amount of damages or reject said Petition altogether and shall also make such order for the payment of costs as may be just and proper. Said court shall also order a conveyance of the Land in controversy to be made when the Decree shall be complied with on the part of the corporation, whenever said order and decree shall be fully complied with on the part and behalf of said corporation it shall be possessed of the Land in controversy and may enter upon and take possession of and use the same for the purposes of Said Road, where a difficulty shall arise as to the value of materials which may be needed to construct said work or the amount of damages done to Land by the agents of the company passing through said Land in collecting materials aforesaid there shall be no appeal taken to the circuit court but in case the parties or either of them shall be dissattisfied and it shall appear to the Justice that it is right and necessary to Justice, he may set aside the first valuation Provided the same shall be done in the three days after said valuation and appoint five other commissioners to appraise & value the materials or damages,

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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 ^a^ misdemeanor and shall forfeit and pay to said corporation treble the amount of Damages sustained by means of such offence or 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 16.
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 point out and determine 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 payment 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 Alton Quincy Jacksonville Springfield and Danville.

Sec 17. whenever it shall be necessary for the construction of these single or double Railway to intersect or cross any Stream of water or any Road

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or highway it Shall be Lawful for the corporation to construct 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 impair its usefulness.

Sec. 18. All persons who shall become holders of the capital stock of said Incorporation pursuant to this act shall and are hereby constituted a body corporate by the name of the President Directors and company of the Wabash and Mississippi Rail Road, and by that name shall be competent to construct and be constructed contract and be contracted with sue and be sued plead and be impleaded, answer and be answered unto defend and be defended, in all courts having competent Jurisdiction may have and use a common seal and the same alter break change and renew at pleasure, and may also make ordain and establish and put in execution such by Laws ordinances rules and regulations as shall be necessary for the Government of said corporation and the prudent and Efficient management of its concerns, and it shall be sufficient service of any process against said corporation to serve the same either on the President of the Board of Directors or the Secretary of the Company , and in case of their absance, to Leave a copy of the same at the office of Said Secretary.

Sec 19 The whole of the stock of said company shall be deemed personal property and together with all the Tools impliments and machienery, apparatas of every Description used or employed or on hand belonging to the company, shall be Liable to be seized executed and sold after Judgement to make good any contract agreement or stipulation made by any agent superintendant or other authorized Person.

Sec 20. That when said Rail Road shall be completed the President and directors shall make out a minute full and detailed statement of the expenses of constructing the same, which report shall be under the oath of the president and Directors and shall be filed in the Secretarys office of this state, and from thenceforth shall annually make a report in Detail of their proceedings and expenditures and all tolls received on said Rail Road verified by affidavit and file the same in the office of the Secretary of State

Sec 21
That the directors shall as soon as may be after every election choose out of their own number one President and one other person to be vice President and fix their salaries, and in case of the death resignation or removal of the president vice president or of any director such vacancy or vacancies, may be filled for the remainder of the year by the Board of Directors, and in case of the absence of the President or vice president, shall

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have power to appoint a President pro-tem

Sec 22.
It shall be Lawful for any Rail Road company which heretofore has or hereafter may be incorporated, to Join or unite with the Rail Road hereby created and incorporated at any point at which the directors of said companies may think advisable on such terms, as the Directors of the two companies may think advisable and agree upon and in case of a disagreement between the directors of said companies there upon such terms as the circuit Court of the county, where said Road may meet upon a full view and hearing of all the facts connected with the case may determine to be equitable and Just between said companies.

Sec 23.
The said Directors when chosen as aforesaid shall have power and are hereby authorized to construct either the whole or any part or parts of said Rail Road and between any of the points designated as aforesaid in the discretion of said directors and as they may determine most avantageous to the interest of said company, Provided they shall complete one half of the whole of said Rail Road as required in the forth section of this Bill.

Amendments to the Bill

Insert in the 6^th line of the first Section after the word county the following
Robert H. Burton, James M^cCroskey, and Edward Doyle of Schuyler County

^to go on Journal M^r Maxwell’s am^d[amendment] off^d[offered] in Senate^ Strike out the following in the latter part of the third section after the words Sangamon County (to wit) thence to (to wit) Jacksonville in Morgan County County thence to Meridosia [...?] in said County

And insert in lieu thereof the following
Beardstown in Morgan County thence to Rushville.

Insert after Springfield in the 6^th line of the 6^th Section, Rushville

Insert after the word Springfield in the 9^th line of the 10^th Section, Rushville

Insert the word Rushville after the word Springfield in the last line of the 16^th Sec^t[Section].

am^dts[amendments] offered by com^te[committee] & not concurred in