Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That John Tillson, Jr.[,] William F. Thornton, Stephen Griggs, Christian B. Blockburger, Thomas B. Trower, William Fithian, Nathaniel Buckmaster,2 and their associates, successors, and assigns be, and they are hereby created, a body corporate and politic, under the name of the “Alton, Wabash and Erie Rail Road Company,” and by that name, shall be and are hereby made capable in law, to sue and be sued to final judgment and execution, plead and be impleaded, defend and be defended in any Courts of Record, or in any other place whatsoever; to make, have and use a common seal, and the same to break, renew or alter at pleasure, and shall be and are hereby vested with all the privileges, powers and immunities, which are or may be necessary to carry into effect the purposes and object of this Act, as hereafter set forth—and the said company are hereby authorised and empowered to locate, construct and finally complete a Rail Road leading from Alton on the Mississippi river in this State, commencing at or near the termination of the Springfield and Alton Rail Road, and either running through Hillsboro’ or within one half mile, through Shelbyville and through Danville, or within one half mile of it, to the line of the State terminating at the Wabash and Erie Canal, on the Wabash river in Indiana, in such manner and form as they shall deem to be most expedient, and for this purpose, the said Company are authorised, to lay out their said Road, not exceeding six rods wide, through the whole length, and for the purpose of cutting embankments and procuring stone, and gravel, may take as much more land, as may be necessary, for the proper construction, and security of said Road; Provided, however, that all damages that may be occasioned to any person or corporation, by the taking of such land or materials for

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the purposes aforesaid, shall be paid for by said Corporation in the manner hereafter provided.

Sec. 2. The capital stock of said Company, shall consist of twenty thousand shares, of one hundred dollars each, and the immediate government and direction of the affairs of the said Company shall be vested in a board of not less than five Directors, who shall be chosen by the members of the Corporation, in the manner hereinafter provided, and shall hold their offices until others be duly qualified to take their places, as Directors, a majority of whom, shall form a quorum for the transaction of business, shall elect one of their own number to be President of the board, who shall also be President of the Company, and shall have authority to choose a clerk, who shall be sworn to the faithful discharge of his duty, and a Treasurer, who shall give bonds to the Corporation, with sureties, to the satisfaction of the Directors in a sum not less than twenty thousand dollars, for the faithful discharge of his trust.

Sec. 3. The President and Directors, for the time being, are hereby authorised, and empowered, by themselves, or their agents, to exercise all the powers herein granted to the Company, for the purpose of locating, constructing and completing said Rail Road, and for the transportation of persons, goods, and merchandize, and all such other powers and authority, for the management of the affairs of the Company, not heretofore granted, as may be necessary and proper, and to carry into effect the object of this grant, to purchase and hold land, materials, engines, cars and other necessary things in the name of the Corporation, for the use of said Road, and for the transportation of persons, goods, and merchandize, to make such equal assessments from time to time, on all the shares of said Company as they may deem expedient and necessary in the execution and progress of the work, and direct the same to be paid to the Treasurer of the Company and the Treasurer shall give notice of all such assessments, and in case any subscriber shall neglect to pay his assessments, for the space of thirty days after due notice by the Treasurer of said Company, the Directors may order the Treasurer, to sell such share or shares at public auction after giving due notice thereof, to the highest bidder, and the same shall be transferred to the purchaser, and such delinquent subscriber, shall be held accountable to the Company for the balance if his share or shares sell for less than the assessment due thereon, with interest and costs of sale, and shall be entitled to the overplus if his share or shares, shall sell for more, than the assessment due with interest and costs of sale; Provided, however, that no assessment

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shall be laid upon any shares in said Company, of a greater amount than one hundred dollars on a share.

Sec. 4. The said Company shall have power to make, ordain and establish, all such laws, rules, regulations and ordinances, as they shall deem expedient and necessary to accomplish the designs and purposes, and to carry into effect the provisions of this Act, for the assignment and transfer of its stock, and for the well ordering, regulating and securing of the interest and affairs of the Company: Provided, the same be not repugnant, to the Constitution and laws of this State, and the United States.

Sec. 5. A toll shall be and is hereby granted and established for the sole benefit of said Company, upon all passengers and property of all descriptions, which may be conveyed or transported upon said Road, at such rates per mile as may be agreed upon and established from time to time by the Directors of said Company. The transportation of persons and property, the construction of wheels the form of cars, and carriages, the weight of loads, and all other matters and things, in relation to the use of said Road, shall be in conformity to such rules, regulations and provisions, as the Directors from time to time prescribe and direct, and said road may be used by any persons who shall comply with such rules and regulations: Provided, however, that if at the expiration of ten years, from and after the completion of said Road, the nett income or receipts for tolls and other profits, taking the ten years aforesaid, as the basis of calculation shall have amounted to more than ten per cent. per annum, upon the cost of the Road; the Legislature may take measures to alter and reduce the rates of toll and other profits in such manner as to take off the overplus for the next ten years, calculating the amount of transportation, upon the road to be the same as the ten preceding years, and at the expiration of every ten years thereafter the same proceedings may be had: Provided further, that the Legislature shall not at any time so reduce the toll and other profits as to produce less than ten per cent. upon the cost of the said Rail Road, without the consent of said Corporation.

Sec. 6. The Directors of said Company for the time being, are hereby authorized to erect toll houses, establish gates, appoint toll gatheries, and demand toll upon the Road, when completed and upon such parts thereof, as shall from time to time be completed.

Sec. 7. The said Company shall be holden to pay all damages, that may arise to any person or persons, corporation or corporations, by taking their land for said Rail Road, when it cannot be obtained, by voluntary agreement to be estimated and recovered in the manner provided by law, for

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the recovery of damages, happening by the laying out of highways.

Sec. 8. That when the lands or other property or estate of any feme covert, infant, or person non compos mentis, shall be necessary for the construction of said Rail Road, the husband of such feme covert, and the guardian of such infant or person non compos mentis, may release all damages, for any lands or estate taken or appropriated as aforesaid, as they might do, if the same were holden by them in their own right respectively.

Sec. 9. That if any person, shall wilfully, maliciously, or wantonly and contrary to law, obstruct the passage of any carriage on said Rail Road or in any way, spoil, injure or destroy said Rail Road, or any part thereof, or any thing belonging thereto, or any material or implements to be employed in the construction, or for the use of said Road, he, she or they, or any person or persons assisting, aiding or abetting in such trespass, shall forfeit and pay to said Company, for every such offence, treble such damages, as shall be proved before the Justice, Court or Jury, before whom the trial shall be had, to be sued for and recovered before any Justice or any Court proper to try the same, by the Treasurer of the Company, or other officer whom they may direct, to the use of said Company, and such offender or offenders, shall be liable to indictment, by the grand inquest for the county, within which such trespass shall have been committed, for any offence or offences, contrary to the above provisions, and on conviction thereof, before any court competent to try the same shall pay a fine not exceeding one hundred dollars, nor less than thirty dollars to the State, or may be imprisoned for a term not exceeding one year, at the discretion of the Court, before whom the conviction may be had.

Sec. 10. The annual meeting of the members of said Company shall be held on the first Monday of May, at such time and place as the Directors for the time being, shall appoint, at which meeting the Directors shall be chosen by ballot, each proprietor being entitled to as many votes as he holds shares: Provided, that no vote shall be given by any proprietor, by reason of any share held by him, exceeding one tenth part of the whole number of shares—and the person first named in this Act, or any two of the persons named therein, are hereby authorised to call the first meeting of said corporation, by giving notice in the Alton Spectator and the ——— of ——— of the time and place and purpose of such meeting at least fifteen days before the time mentioned in such notice.

Sec. 11. If said Rail Road in the course thereof, shall

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cross any river, canal, turnpike, or highway or other private way, the said Corporation shall so construct said Rail Road, as not to obstruct the safe and convenient use of such river, canal, turnpike, or other highway, or private way.

Sec. 12. That if said Company shall not have been organized, and the location of the route filed with the County Commissioners of the county in which the land proposed to be taken, for the use of said Rail Road is situate, previous to the first of August in the year of our Lord, 1838, and if the said Corporation shall fail to complete the said Rail Road on or before the first day of January 1846 in either of the above named cases, this Act shall be null and void.

Sec. 13. The said Rail Road Company, shall constantly maintain, in good repair, all bridges, with their abutments, and embankments, which they may construct, for the purpose of conducting their Rail Road, over any canal, river, turnpike or other highway, or any private way.

Sec. 14. That it shall be in the power of the State, at any time, during the continuance of this charter, after the expiration of twenty five years, from the opening for use of the Rail Road herein provided to be made to purchase of the said Company, the said Rail Road, and all the franchise rights and privileges of the said Company by paying them therefor, the amount expended in making said Rail Road, and in case at the time of such purchase the said Company shall not have received a nett income, equal to ten per cent per annum, on the said expenditures, from the time of payment thereof by the stockholders; by paying the Company such additional sum, as together with the tolls and profits, which they shall have received, from the said Rail Road, will be equal to a nett profit, of ten per cent per annum, on the cost of said Road from the date of the payment thereof by the stockholders of the said Company, to the time of such purchase: and after such purchase, the limitation, provided in the fifth section of this Act, shall cease and be of no effect; and it shall be the duty of said Company from year to year, to make report to the Legislature, of their acts, and doings, receipts and expenditures, under the provisions of this Act.

Sec. 15. The Corporation is hereby impowered 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 no more.

Approved, Jan. 16, 1836.