An act to incorporate the Pekin & Tremont Rail Road Company

Sec[Section] 1^st, Be it enacted by the people of the state of Illinois represented in the General Assembly, that Madison Allen, Harlan Hatch, J L [...?] James, John H Harris, George W Brodrick and Aronet Richmond, their associates, successors or assigns shall be and are hereby constituted a body corporate, by the name and style of the Tremont & Pekin rail road Company and shall continue for the term of Forty years from and after the passing of this act. Provided that the state of Illinois or county of Tazewell, shall have the privilege of the expiration of the period aforesaid, of purchasing the rail way and other property authorizing this act, to be held by the said company at the cost thereof and six per ^cent per^ annum interest thereon

Sec 2^d The corporation shall have the right & power to construct and during its existence to maintain and continue a single or double rail road or way, or a single or double track way, with such appendages or appurtenances as may be necessary for the convenient use of the same from the town of Tremont in Taz-

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ewell County to the Banks of the Illinois river at or near the Town of Pekin in said county, to transport take and carry persons and property on the same, by the power and force of steam, of animals, or any mechanical or other power, or a combination of the same of them as said company shall choose to employ: and by the name aforesaid they are vested with the right & privileges of erecting, building, or making a single or double rail road or way, or single or double trackway, for the purpose aforesaid, and the right of using the same in the manner hereafter provided

Sec 3^rd If the said corporation hereby created shall not within one year ^fro^ commence the from the passage of this act commence the construction of said Rail Road or way & complete the same ^and^ within Three years from the passage of this act construct, finish, and put in operation the said single or double rail road or way or trackway from the river aforesaid to Tremont, then the said corporation shall forever cease and this act shall be null & void

Sec 4 The capital stock of said company shall be Fifty Thousand Dollars with liberty to increase the same

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to One Hundred & Fifty Thousand Dollars to be held in the first instance as follows: to the aforementioned members of the corporation hereby created jointly Three fourths, and to such bona fide citizens of Tazewell county as shall on or before, the 1^st day of March next 1836 subscribe for the same, one fourth of the capital aforesaid, Provided that should the entire one fourth part of the said stock remain unsubscribed for it shall be allotted to the aforesaid numbers of the corporation hereby created

Books for the subscription of the citizens of Tazewell County shall be opened at the Town of Tremont in said county on the first Monday of February 1836 and remain open for the period of Ten days, the shares to be in the sum of One Hundred Dollars each

Sect[Section] 5^th
The Corporation is hereby empowered to purchase receive & hold such real estate as may be necessary and convenient for the accomplishing the objects for which this 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 necessary for the construction and maintainance of their rail

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road or trackway and the accommodations and appurtenances required appertaining thereto: and may also receive hold and take all such such voluntary grants of land and real estate and materials for the purpose of said road as shall be made to the said corporation by the General or State Government or by any corporation, company, individual, or individuals to aid in the construction maintainance, and accommodation of said rail road or trackway completely vesting in said company and corporation absolutely in fee simple the same: but all lands and real estate thus entered upon for materials or otherwise which are not donations or owned by the company, shall be purchased by said corporation of the owners or owners: In case of disagreement as to price and before taking any materials or making any part of said road on said land in controversy it shall be lawful for the commissioners superintendants or other authorized person or persons of said company to apply to some Justice of the peace of the county of Tazewell who shall cause five free holders to be summoned, who after being sworn to faithfully and impartially to exam

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examine the materials or ground to be pointed out to them by the commissioner, superintendant, or other authorized person or persons: and reasonable notice being given to the owner of the property said freeholders shall assess the damages which they believe such owner or owners will sustain over and above the additional value such land will derive from the construction of such road, and make a report signed by at least a majority of them, one of which they shall deliver to the Commissioner, superintendant or other authorized person or persons requiring said view and assessment and the other to the justice of the peace, and the amount of damage and cost being paid to the owner or owners, which shall have been assess^d[assessed], or deposited with the justice of the peace the road may be constructed, located, and, the materials taken. If either party shall be dissatisfied with the valuation where lands are in question an appeal may be taken in twenty days to the Circuit Court of said county of Tazewell by a petition setting forth the facts of the case, describing the lands and premises and the necessity of such land for making said rail road or trackway and the attempt and failure to purchase the same, with the name and residence of the owner of the same, and the reason why the

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purchase cannot be made, and the Circuit Court aforesaid, acting and sitting as a court of chancery shall direct such notice to the owner and parties as shall be deemed reasonable of the time of hearing the parties, (Provided that in case the appeller shall have had seven days previous notice of the taking of the appeal, no further notice shall be necessary, but said court shall proceed and determine said case as speedily 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 the damages assessed or reject said petition altogether, and shall also make such order for the payment of the costs as may be just and proper. It 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

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use the same for the purpose 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 to the circuit court: But in case the parties or either of them be dissatisfied, and it shall appear to the justice ^that it is^ right ^that^ and necessary to justice, he may set aside the first valuation, (provided the same shall be done in three days after said valuation) and appoint five other Commissioners, to appraise and value the materials or damage last aforesaid, whose award in the premises shall be final, and who shall apportion the cost as may appear first on one or both of the parties. In case any married woman, infant, idiot, or insane person, or non-resident of the state who shall not appear after such notice, shall be interested in any such land or real estate, the Circuit Court 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 marrid woman, infant, insane person, idiot, or non-resident of the state

Sec 6 The said Corporation is hereby authoriz^d[authorized] and empower^d[empowered] to regulate the time and manner in which goods, passengers, and property shall be taken and carred on said rail road, or trackway and shall have power to erect and maintain toll houses, and other buildings necessary for the accommodations of their concerns, and from time to time fix, regulate, demand, and recind the tolls and charges by them to be received for transportation of persons or property, on said single or double rail road or way or said single or double trackway.

Sec 7 If any persons shall wilfully do or cause to be done any act or acts whatsoever, whereby any buildings construction or work of the said corporation or any Engine, machine or structure, or any matter or thing pertaining to the same, shall be stopped, obstructed, weakened, or impaired, or destroyed, the person or persons so offending shall forfiet and pay to the 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 likewise be subject to be indicted for injuries and offences against the property of said Corporation as for injuries or offences done the property of individuals

Sec 8. Whenever it shall be necessary for the construction of the rail road or track way to intersect or cross any stream of water or water course or 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 rail road or track way across or upon the same, but the corporation shall restore the stream or water course or roads or highway thus intersected to its former state or in a sufficient manner not to impair its usefulness

Sec 9
The Corporation created in this act known by the name and style of the Pekin and Tremont rail road Company shall have the right to sue in any court of law or equity in the State having jurisdic of the case, and prosecute the same to judgement and recovery, and to defend when being sued, to implead and be impleaded, both in law and in chancery and shall be entitled to all the privileges and rights which such a corporation by statues or common law governing the case ought and should of right have, and may have a common seal, alter and change the same at their pleasure. The whole stock of the Corporation aforesaid shall be deemed personal property and together with all tools, implements, machinery, and apparatus of every description, also

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used employed or in hand and belonging to said Company, and shall be liable to be seized and executed, and sold after the judgement or decree, to make good any contract, agreement, or stipulation, made by any agent superintendant, or authoriz^d person, or persons in the employment of said company: and it shall be a sufficient service of process or notice in all cases to lease a copy of the same with the President of the Board of Directors or the Secretary of the Company, or in case of absence from the county of Tazewell to leave a copy of the same at the Office thereof

Sect 10
The Company aforesaid shall have power to make all the regulations and Bye-laws requisite for the transaction of all business appertaining to their affairs provided such Bye-Laws and regulations are in not in contraversion of the provisions of this act, nor of the laws or Constitution of the United States nor of the State of Illinois. The Corporation aforesaid shall have power to negociate for a loan or loans in aid of the purpose provided for in this act, to pledge their ^capital stock^ or other property for ^the^ security thereof provided that said loan do not exceed the amount of said capital

Sect. 11. A violation of any of the provisions of this charter shall forfeit the same to be determined in due course of Law The Books provided to be opened by the fourth section of this act shall be under the charge of Benjamin Mitchell[,] William Brown[,] A N Deming, Charles Oakley, and Edward Jones of the County of Tazewell who shall receive all subscriptions by bona fide male citizens of the county aforesaid of Lawful age Provided a greater number than one hundred & twenty-five shares be subscribed as afoofferdresaid, the said commissioners shall reduce the number to be allotted to each subscriber, so that not less than one share shall be apportioned to each. Provided also if a greater number of shares is subscribed for by a less number of persons than one hundred and Twenty five, then the said commissioners shall reduce the shares. pro. rata