Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That Jesse C. Lockwood, Abraham Irvine, Gilbert Griswold, Lewis Lane, and John Marshall of the county of Hamilton, Joel Pace, Robert A. D. Willbanks, and Samuel Cummings2 of Jefferson county; Willis Hargrave of Gallatin county; Isaac Ferguson, Isaac Prickett, J. T. Hudson, J. C. Bruner, J. S. Carrigan, and all 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 “Shawneetown and Alton Rail Road Company;” for the purpose of constructing a rail road from Shawneetown, on the Ohio river, by the way of McLeansboro’ in Hamilton county, Mount Vernon in Jefferson county, Carlyle in Clinton county, Edwardsville in Madison county, to Alton on the Mississippi river, to transport, take and carry property and persons, upon the same, by the power and force of steam, of animals, or of mechanical or other power, or of any combination of them, which the said corporation may choose to employ; and by that name, they and their successors shall be, and they are hereby 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, sueing and being sued, pleaded and being impleaded, in all courts of law and equity, and in all manner of actions;—and that they and their successors may have a common seal, and may alter and change the same at pleasure.

Sec. 2. That if the corporation hereby created, shall not within ten years from the passage of this act, construct, and finish, and put in operation, the said road or any part thereof, as shall be deemed expedient by said corporation, then the said corporation shall thenceforth and forever cease, and this act be null and void.

Sec. 3. The capital stock of said company shall be one million of 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 fifty dollars each, which shall be deemed personal property and transferable in such manner as said corporation shall by law direct.

Sec. 4. That Jesse C. Lockwood, Abraham Irvine, Gilbert Griswold, Lewis Lane, John Marshall, Joel Pace, Robert

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A. D. Wilbanks, Samuel Cummings3, Willis Hargrave, John S. Carrigan, Joseph Duncan, Isaac Ferguson, Isaac Prickett, J. T. Hudson and J. C. Bruner, shall be commissioners, the duty of whom, or a majority of them, shall be, at some suitable place in the cities of New York, Philadelphia, Baltimore and St. Louis, and in the towns of Alton, Shawneetown, and Equality, in Illinois, to open books, to receive subscriptions, to the capital stock of said corporation: and to do such other things as in their opinion are necessary and best calculated to get said stock taken up. Sixty days public notice shall be given by said commissioners of the time and place of the opening of said books, in one of the public newspapers in Shawneetown and Alton. The commissioners shall receive no subscriptions, unless at least, one dollar on each share subscribed, be paid at the time of subscription, and as soon as the same shall be subscribed, to give a like notice, for a meeting 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 duly elected, and deliver over the subscription books, to the said directors; and the time and place of holding the first meeting of the directors, shall be fixed on by said commissioners, and the directors to be chosen at such meeting, or at such annual elections, 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 in case of the death, resignation or removal of the President or Vice president, or of any director, such vacancy or vacancies may be filled for the remainder of the year, whenever they may happen, by the board of directors:—and in case of the absence of the president or vice president, the board of directors shall have power to appoint a president pro tempore, who shall have, and exercise such powers and functions, as the bye-laws of the said corporation may provide.

Sec. 5. It shall be lawful for the directors to require payment of the sums subscribed to the capital stock, at such time, 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 times, where and when, the same are to be paid, at least ninety days previous to the payment of the same, in some public newspapers in this state, and in the several cities where the books of the

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company may have been opened for subscriptions to the capital stock.

Sec. 6. That in case 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 made; the said corporation shall not for that cause be deemed to be dissolved, but such elections 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 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 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 election of directors, and all other matters whatsoever, which may appertain to the concerns of said corporation, and also shall have power to appoint a secretary, and so many clerks, and servants, as to them shall seem meet, and to establish such salaries and allowances to them, and also to the president and vice president, as to said board, shall appear proper.

Sec. 8. 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 in the aforesaid limits prescribed in the first section of this act; as shall be necessary to determine the most advantageous route for the proper line, or course, whereon to construct said road, and it shall be lawful for the said corporation, to enter upon, and take possession of, and use, all such lands and real estate, as may be indispensable for the construction and maintenance of said road, and the accommodations requisite, and appertaining to them, and may also hold and take, all such voluntary grants, and donations of land, and real estate, as shall be made to said corporation, to aid in the construction, maintenance, and accommodation of their said road; Provided, that all lands, or real estate, thus entered and taken possession of, and used by said corporation, which are not donations, shall be purchased by said corporation, of the owner or owners of the same, at a price mutually to be agreed upon between them, and in case of disagreement as to price, it shall be the duty of the governor of this state, upon notice given to him by 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 said land, or real estate, so entered upon by said cor-

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poration, 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 two dollars per day whilst thus employed, or upon the corporation depositing in the Treasury of the State, the amount of such damages, together with the costs and charges aforesaid, to the credit of the person or persons, the commissioners may have awarded the same; the proper officer of such treasury, giving notice to such person or persons by letter, of such deposite 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 been appraised by the said commissioners; and it shall be the duty of said commissioners, or a majority of them, to deliver to said corporation a written statement of the award or awards they shall make, with a description of the lands, or real estate appraised; to be recorded by the said corporation, in the clerk’s office of the county commissioners’ court, 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 feme covert, under age, non compos mentis, or out of this State;4 then in such case the said corporation shall pay the said last mentioned owner or owners, respectively, whenever the same shall be lawfully demanded, together with interest at the rate of six per cent. per annum.

Sec. 9. That the said corporation be, and they are hereby authorised to construct, and use a road of suitable width and dimensions; to be determined by said corporation, within the limits prescribed by the first section of this act; and shall have power to regulate the time, and manner in which goods, and passengers, shall be taken, transported and carried on the same as well as the manner, in which they shall collect all dues, on account of transportations; Provided, the same shall not amount to more than twelve per cent. upon the capital stock paid in; and shall have power to erect houses and other buildings, for the accommodation of their concerns; as they may deem suitable to their interests, and to collect tolls, as soon as any part thereof is finished.

Sec. 10. That whenever it shall be necessary for their rail road to cross or intersect any water course, or other highways, lying between the points aforesaid; it shall be lawful for the said corporation, to construct their rail road across, or upon the same; Provided, the corporation shall restore the highway thus intersected, to its former state, or in a sufficient manner not to impair its usefulness.

Sec. 11. It shall be lawful for any rail road company, which may hereafter be incorporated, to join with the rail

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road company hereby created, at any point they may think advisable; on such terms as the companies respectively may agree upon, in case that a disagreement between the directors, then upon such terms as the Circuit Court of the county in which such difficulty may take place, shall upon a full view of the premises and facts connected with the case determine to be equitable and just, between the said companies.

Sec. 12. That if any person or persons, shall wilfully do, or cause to be done, any act or acts, whereby any building, construction or work of said corporation, or any engine, machine or construction, or any matter or thing appertaining to the same; shall be stopped, obstructed, injured or destroyed, the person or persons so offending, shall forfeit and pay the said corporation, double the amount of damages sustained by means of such offence, to be recovered in the name of said corporation, with costs of suit by action of debt; to be brought in any court of record in this State, or before 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 imprisonment.5

Sec. 13. That the said corporation, shall have the liberty of taking and receiving in payment of the stock subscribed to said corporation, a conveyance in fee simple, of any land or town lots, and the same together with any such donations as above provided, to sell and convey in such manner, and on such terms, as may be thought necessary, and most advantageous to the said corporation.

Sec. 14. When one tenth part, or more of the stock of said company shall be subscribed, the said commissioners shall make an election, at such time and place, as they may direct, for the election of directors, as herein provided; and the said directors, shall receive from the said commissioners, all the books, papers and money which they may have received, and thereafter the directors shall receive subscriptions to the said capital stock, until the whole amount shall be subscribed.

Sec. 15. The said corporation may, if in the opinion of the president and directors, the same may be deemed to the advantage of said company, cause the route of the said rail road to vary from the points between Shawneetown and Alton; and run the said road by the way of Equality, or on the most advisable route between Shawneetown and Alton.6

Sec. 16. This act shall be deemed a public act, and shall be favorably construed for the purposes therein expressed and declared, in all courts and places whatever.

Approved, Jan. 18, 1836.