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30 		Sec[Section] 1st Be it enacted by the People of the State of
Illinois Represented in the General Assembly,
That Parrish Mason[,] Alfred Caverly[,] John Wyatt
William Craig, and such other persons as may
associate with them for the purpose of constructing
a rail Road from the town of Springfield in
the county of Sangamon by the way of Millville
or Herideths Mills on or near the head of Lick
Creek, in said county, and by or near Point
Pleasant at or near the head of Ofall Creek
in the county of Morgan1 and through the Town
of Caralton in the county of Green, to the Town
of Grafton on the Mississippi River in said county
of Green. And also from the town of Jacksonville
in the county of Morgan through the Town of
Franklin to such point upon the aforesaid main
route from Springfield to said Grafton, so as
the commissioners in this act named or a majority
of them shall designate, ^(^be^)^ and are hereby constituted
a Body corporate by the name of the Mississippi ^&^
Springfield, ^(^and Jacksonville^)^ Rail Road
Company and by that name may sue and be sued,
defend and be defended in Law and equity in all courts
whatsoever, and by that name shall be capable of
Succession, may have and use a common seal and
make and establish such by Laws, rules and regulations
as shall from time to time appear necessary to the said
[cor]poration for the government of said corp[ora]tion,
and may transport upon said railroad pro[per]ty or
persons or passengers by the force of steam, or animal
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Power, or any mechanical power or by a combination
of the same
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9 		Sec. 2. And be it further enacted that Elihue
Walcot[,] Bezaleet Gillet, Samuel S Prosser, John Calhoun,
William, William Craig, Jacob Fry, Paris Mason,
and Alfred W Cavarly, shall be commissioners
whose duty it shall be to open books for the purpose
of receiving subscriptions to the capital stock of
said company, at some proper place, in the town
of Springfield, Carrolton, Grafton and Jack
sonville aforesaid; at such times as the said
commissioners shall in their discretion deem proper, by their giving ninety days notice in the public newspapers printed at said Springfield, and in the newspapers printed at said Jacksonville and in the newspaper printed at Carrolton aforesaid, and at one or more public place or places in the aforesaid town of Grafton; and in case no paper shall be printed at the aforesaid places, then and in that case the said commissioners shall put up notice at one more public place or places such of the ^(^aforesaid^)^ towns as may not at the time, provided for the giving of such notice have a newspaper published. And the books aforesaid shall remain open at each of said places for the space of ten days; and in case the whole of the capital stock of said company shall not be subscribed for at the aforesaid places, the aforesaid commissioners are further authorized to open, or cause to be openened, books for the
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subscription of the capital stock not subscribed for, in any place or places in the United States, and at such times, as in their discretion they shall think proper. Any four of the above named commissioners shall at any time be competent to transact any business
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6 		Sec 3. The capital stock of said company shall
first be eight hundred thousand dollars, and the
said company shall have power to increase the capital
stock from time to time by new and further subscriptions
as the said commissioners or a majority of them shall
deem proper. Which said capital stock shall be
divided into shares of one hundred dollars each, which shall be deemed personal property, and transferable in such manner as the said corporation shall provide and direct.
Sec 4. And be it further enacted, that the said corporation may and are hereby authorized to make, and cause to be made, such examinations and surveys on the aforesaid Rail Road route ^(^or routes^)^ as said corporation shall deem necessary and proper, for the purpose of carrying into effect the object of said corporation, and they are hereby authorized to enter upon and take possession of, and use all such lands as may be deemed necessary for the construction, and maintenance of said Rail Road; And may also hold and take all voluntary grants, and donations of land to aid in the construction, maintainance and accommodation of their said Rail Road. And all lands entered upon and taken for the use of the said corporation, which are not
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donated to said Corporation shall be paid for by the said corporation at such price as may be mutually agreed upon by said corporation and the owner or owners of such land; And in case of disagreement, the price shall be fixed by three, or more commissioners to be appointed by the Governor of the State, which said commissioners shall be sworn, by any person, within this state, authorized by law to administer Oaths, faithfully and impartially to appraise such land, which appraisement, so made, by said commissioners shall be binding upon said corporation and upon the payment of the same, the said land shall be vested in said corporation in fee Simple.
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12 		Sec 5. And the said corporation are also author-
ized and impowered to borrow any sum or sums of
money which they in their discretion may deem
necessary to aid in the construction of said road not
exceeding the amount of their capital stock; And if it
shall at any time appear to the Directors of said Cor-
poration, that any portion of the money borrowed as
aforesaid, or any portion of surplus capital, shall not
be required to be retained for such purposes, the
same may be loaned at such rate of interest as
is now by law allowed to be taken by individuals
or may be reimbursed according to the discretion
of said Directors. ^proviso^
Sec. 6th And be it further enacted that ten percent of the capital stock shall be paid at the time of
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subscription and so soon as one half of the capital stock shall have been subscribed the aforesaid commissioners shall give notice in the same manner as is required in the second section of this act in relation to the opening of the subscription books at Least twenty days before a meeting of the stockholderrs to choose five Directors and such election shall be made at the time and place previously notified and appointed by said commissioners, by such of the stockholders as attend for that purpose either in person or by Lawful Proxys, each share of the capital stock entitleing each Stockholder to one vote and the said commissioners or a majority of those present 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 shall deliver over the subscription Books to the said Directors; which said Directors, or those chosen at any annual election, shall choose one of their number to preside over their deliberations and shall fill all vacancies that may occur in their Board, and it shall further be the duty of the said Directors of said corporation to cause an election of Directors to be holden once in every year in such manner as may be provided in the by Laws of said corporation.
Sec 7th It shall be Lawful for the directors to require payment of the sums subscribed to the Capital Stock at such times and in such proportions, provided it be not Less than ten dollars per share as they shall deem fit, under the penalty of the forfeiture of all previous
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payment thereon in the case of failure so to pay as above directed and the directors shall give notice of the payments thus required and2 of the place and time when and where the same is to be paid at Least sixty days previous to the payment of the same in some public newspaper of this state and in each of the several cities where the books of the company may have been opened for subscription to the capital stock.
Sec 8th If an Election of directors shall not at any time take place as is required by this act, the said corporation shall not for this cause be deemed dissolved.
Sec 9th That the said corporation may be and are hereby authorized to take such quantity of Land of sufficiant width for the construction of a Rail Road, as they may deem necessary and proper, under the conditions prescribed in the preceeding section, and that the said corporation shall have power to regulate the time, and manner for the transportation of goods and passengers on the said Rail Road, as well as the manner of collecting tolls and dues on account of transportation and carriage to erect and mantain toll house and all other buildings for the accommodation of their concerns and to collect tolls so soon as any part of said Rail Road shall be finished
Sec. 10 The said company are hereby authorized to construct the said Rail Road across any water course road, or other public high way,
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subjecting themselves to any damages that may be incured by so doing
Sec 11th
If any person or persons shall willfully do or cause to be done, any injury to said Rail Road, or to any carriage car, engine, machine toll house or other building or any structure whatever belonging to said corporation, the person or persons so offinding shall forfeit and pay the said corporation double the amount of damages sustained by means of such offense or injury, with all the costs of action, before any court of record in this state; and the person or persons so offending shall be further declaired guilty of a misdemeanor and and Liable to five and imprisonment
[ certification ]
12/21/1835
Passed H. R. Decr 21st 1835.
D. Prickett Clk[Clerk] H. R.
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[ docketing ]
An act for the incorporation of the Mississippi and Springfield and Jacksonville ^Carrollton^ Rail Road company.
[ docketing ]
01/09/1836
Sel.[Select] Com[Committee]
Weatherford
Herndon
Rattan3
[ docketing ]
[12]/[14]/[1835]
Engrossed
[ docketing ]
[01]/[16]/[1836]
to be Enrolled as amended
Clk. H. R.
1Point Pleasant was located east of Winchester in what is now Scott County.
2“and” written over “of”
3These legislators formed the select committee that considered the bill in the Senate.
Illinois Senate Journal. 1835. 9th G. A., 2nd sess., 200.

Handwritten Document, 8 page(s), Folder 6, HB 6, GA Session: 9-2, Illinois State Archives,