An Act to incorporate the warsaw Peoria and wawbash railroad Company

Sec[Section]. 1^st
Be it enacted by the people of the state of Illinois represented in the General Assembly That Mark Aldrich James Montague Walter Bagby David Mathews B. F. Marsh Francis Voris, Augustus O Garrett, Cyrus Leland, Andrew Gray, John Dedmon, John C Caldwell, Anson Deming, William S Mans, James Allen, John S Moore, Joel Wright, Isaiah Stillman, Myron Phelps, Thomas W Clark, James M Campbell, Cyrus Walker,

And such other persons who may associate With them for that purpose be and they Are hereby Constituted a body politic and Corporate by the name of the Warsaw Peoria and Wabash Rail Road Company For the purpose of Constructing a Rail Road from Warsaw on the Mississippi in Hancock County by The way of Carthage in said County MCombe In MDonough County to Peoria on the Illinois River in Peoria County, thence to Mackinawtown

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In Tazewell County[,] Bloomington in M^cLean County to a suitable point on the line Dividing the state of Illinois and Indiana In a direction to the termination of the Erie And wabash Canal, To transport take and Carry property and persons upon the same. By the power and force of steam of animals or of any mecanical or other power or of Any Combination of them which the said Corporation may Chose to employ, and by that Name they and their successors shall be and Hereby are vested with the right and privilege of Constructing and using the said road for the Purposes aforesaid from and to the points [Comprised?] Within the limits before mentioned and may have Succession, and shall be persons in law Capable of Contracting and being Contracted with, suing and Being sued pleading and being impleaded in all

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Courts of law and equity and in all manner of Actions and that they and their successors May have a common seal and may change And alter the same at their pleasure

Sec 2^nd That if the said Corporation hereby Created shall not Construct and finish any part or Parts of said road as they may select and Put in opperation the same within ten years From the passage of this act then the said Corporation shall thenceforth and forever Cease and this act be Null and void

Sec 3^rd
The Capital stock of said Company shall be one Hundred and fifty thousand ^Dollars^ with liberty to increase The same from time to time by new subscriptions In such manner and form as they shall think proper If such increase shall be found necessary to fulfil The intent of this act; 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 by law direct.

Sec 4^th That Mark A^l^drich James Montague Walter Bagby B. F. Marsh David Mathews John Dedmon shall be Commissioners the duty of whome or a majority of them shall at some suitable place in philadelphia New yourk, and baltimore And in the towns of Warsaw[...?] Carthage in MCombe Peoria Chicago and bloomington in the state of Illinois or at such of said places as The Commissioners may deem necessary 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 get said stock taken up sixty days public notice shall be given by said Commissioners of the time And place of opening said books in one of the Public news papers in or near each of said places The Commissioners shall receive no subscriptions unless one Dollar on each share subscribed be paid at the Time of subscription and as soon as the Capital stock shall be subscribed to give a like notice for a meeting

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of the stockholders, to Choose five directors and Such election shall be made at the time and place Appointed by such of the stockholders as shall attend For that purpose, either in person or by lawful proxy, Each share of the Capital stock entitling each stockholder to one vote, 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 duely elected and deliver over the ^amend 36^ Subscription books to the said directors and the time And place of holding the firs meeting of the directors shall be fixed by the said Commissioners and the Directors to be Chosen at such meeting, or at each Anual election, shall as soon as may be after every Election Choose out of their number one president And one other person to be vice president and in Case of the deth resignation or removal of the president or vice president or of any director such vacancy or vacancies may be filled the remainder of the year Whenever they may happen, by the board of directors

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and in Case of the absence of the president and vice president the board of directors shall have Power to appoint a president protempore who shall have and exercise such powers and functions as the Bye-laws of the said Corporation may provide

Sec. 5^th
It shall be lawful for the directors to require pay Payment of the sums subscribed to the Capital stock At such times and in such proportions and on such Conditions as they shall deem fit, 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 of where and when the same are to be paid at least ninety days previous To the payment of the same in some public newspaper of this state and in the several Cities where the books of the Company may have [opened?] been opened for subscription to the Capital stock

Sec 6^th That in Cas it should at any time happen That an election of directors shall not be made on any Day on which in pursuance of this act it ought to be

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Made the said Corporation shall not for that Cause Be deemed to be desolved but such election may be held At any other time directed by the bye-laws of said Corporation

Sec 7 That five of the directors of said corporation shall Form time to time a board and they or a majority of Them shall be Competent to transact all the business of The said Corporation and they shall have full power To make and prescribe such bye-laws rules and regulations As to them may shall appear needful and proper touching the management and disposition of the stock property Estate, and effects of said Corporation the transfer of shares And touching the duties and Conduct of their officers And servants and the electing eof directors and all others matters whatsoever which may appertain to The Concerns of the said Corporation, and also shall Have power to appoint a secretary and as many Clerks And servants as to them shall seem propper and to Establish and fix such salaries and allowances to them and Also to the president and vice president as to the said board shall appear proper.

Sec 8^th That the said Corporation be and they are hereby Authorised by their agents surveyors and engineers to Cause such examinations and surveys to be made of the ground lying within the aforesaid limits prescribed by The first section of this act as shall be necessary to Determin the moste advantageous route for the proper Line or Course whereon to Construct their said road and It shall be Lawful for the said Corporation to enter upon and take possession of and use all such and Real estate as may be indispensible1 for the Construction, and maintainance of said road and the accomodations request and appertaining to them and may Also hoald and take all such voluntary grants and Donations of Land and real estate as shall be made To the said Corporation to aid in the Construction Maintainance and accomodation of their said road Provided That all lands or real estate thus entered And taken possession of and used by said Corporation And Which are not donations shall be purchased by said Corporation of the owners of the same at a price to Be mutually agreed upon between them and in case of

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Disagreement as to price it shall be the duty of the Governor of this state upon [If?] a notice given to him By the said Corporation to appoint three Commissioners who shall be persons not interested in the Matter to be determined by them, to determine the Damages Which the owner or owners of the Land or real estate so entered upon by the said Corporation has or have sustained by the occupation of the same and upon payment of such Damages together with the Costs and Charges Attending the appraisement by the said Corporation the said Commissioners being allowed Three dollars per day whilste thus employed or upon the said Corporation depositing in the Treasury of the County in which the Land lies The amount of such damages together with the cost And Charges aforesaid, to the Credit of the person or persons to whome the Commissioners may have Awarded them, the said County treasury shall Give notice to such person or persons by Letter of such deposit being made by the said Corporation then the said Corporation shall be deemed To be seized and possessed of the fee simple of all such lands or real estate as shall have

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Been appraised by the said Commissioners and It shall be the duty of the said Commissioners or A majority of them to deliver to the said Corporation A Written statement of the award or awards They shall make, with a description of the Land or Real estate appraised to be recorded by the said Corporation in the Clerks office of the County in Which the land or real estate may be that in Case any owner or owners of land or real estate so appraised shall be, Femes Covert, under age, non Compos Mentis, or out of this state then and in such Case The said Corporation shall pay the amount Which shall have been awarded as due to the said last mentioned owners respectively whenever The same shall be Lawfully demanded together With interest at the rate of six percent per Anum

Sec 9^th That the said Corporation be and the are Hereby authorised to Construct and use a road of suitable Width and dimensions to be determined

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By the said Corporation Within the limits Prescribed by the first sections of this act and shall have power to regulate the time and manner in Which goods and passengers shall be transported Taken and Carried on the same, as well as the manner In which they shall Collect all tolls and dues on Account of transportation and Carriage: (provided the same shall not amount to more than twelve per cent upon the Capital stock paid in) and shall have Power to erect and maintain toll houses [...?] and other Buildings for the accommodation of their Concerns As they may deem suitable to their interest and to Collect tolls as soon as any part thereof shall Be finished

Sec 10^th
That the president and directors of said Company (if it shall be so decided by a full majority of all the Stockholders therein, voting as above provided) shall Cause to be Constructed a double or single rail Road or way along the same route as they may think Proper, which shall be subject to the same Rules and regulations as herein provided

Sec 11^th That Wherever it shall be necessary for the Construction of their [...?] rail road to intersect or Cross any stream of water or waters courses or any road or highway betwixt the places Mentioned in the second section of this act it Shall be lawful for the Corporation to Construct Said railroad or trackway 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 sufficiently so As not to obstruct the its navigation or usefuulness in any respect whatever.

Sec 12^th
It shall be lawful for any railroad Company which may hereafter be incorporated To Join and unite with the railroad or trackway hereby erected and incorporated at any point at which the directors of the Company hereafter to be Created and incorporated may think advisable on such terms

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As the directors of the two Companies2 May respectively agree upon and in Case of a disagreement between the directors of said Companies3 then upon such terms as The Circuit Court of the County in which The intersection may be shall upon a full view and hearing of all the facts Connected with The Case determine to be equitable and Just Betwen said Companies

Sec 13^th
That if any person or persons shall wilfully Do or Cause to be done any act or acts whatever Whereby any building 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 forfeit and pay to the said Corporation double the amount of damages sustained sustained by means of such offence or injury to Be recovered in the name of such Corporation With Costs of suit by action of debt to be brought In any Court of record in this state or before

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Any Justice of the peace in the Counties where such injury may have accrued and the person or persons so offending shall be deemed guilty of A misdemeanor and liable to fine and imprison imprisonment

Sec. 14^th
That this act shall be deemed a public act and shall be benignly and favorably Construed for the purposes therein expressed And [?]

favorably construed for the purposes therein expressed ^and declared^ in all courts and places whatever