Sec.[Section] 1. 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 and Pekin Rail Road Company,” and shall continue for the term of forty years from, and after the passage of this act: Provided, that the state of Illinois, or the county of Tazewell shall have the privileges at the expiration of the period aforesaid, of purchasing the rail way, and other property authorised by this act, to be held by said company at the cost thereof, and six per centum per annum interest thereon.

Sec. 2. The corporation shall have the right and power to construct, and during its existance 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 Tazewell county, to the banks of the Illinois river, at 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, as the said company shall choose to employ; and by the name aforesaid they are vested with the right and privilege, of erecting, building or making, a single or double rail road or way, or single or double track-way for the purpose aforesaid, and the right of using the same, in the manner hereafter provided.

Sec. 3. If the said corporation hereby created, shall not within one year from the passage of this act, commence the construction of said rail road or way, 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 track-way from the river aforesaid, to Tremont; then the said corporation shall forever cease, and this act shall be null and void.

Sec. 4. The capital stock of said company shall be fifty thousand dollars, with liberty to increase the same to one hundred and 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 first day of March 1836, subscribe for the same, one fourth of the capital aforesaid; Provided, that should the entire one fourth part of said stock remain unsubscribed for; it shall be allotted to the aforesaid members 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.

Sec. 5. The corporation is hereby empowered, to purchase, receive and hold, such real estate as may be necessary and convenient for the accomplishing the object 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 maintenance of their rail road, or track-way, and the accommodations required or appertaining thereto, and may also receive, hold, and take all 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, maintenance, and accommodation of said rail road, or track-way, 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 owner 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, superintendents or other authorised person or persons of said company, to apply to some justice of the peace of the county of Tazewell, who shall cause five freeholders to be summoned, who, after being sworn faithfully and impartially, to examine the materials or ground to be pointed out to them by the commissioner, superintendent, or other authorised 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

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make a report, signed by at least a majority of them; one of which they shall deliver to the commissioner, superintendant or other authorised person or persons, requiring said view and assessment, and the other to the justice of the peace, and the amount of the damages and costs being paid to the owner or owners, which shall have been 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 the 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 track-way; 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 purchase cannot be made; and the circuit court aforesaid, acting and setting 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 appellee 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 cause as speedily as practicable) and upon proof of service of notice of the appeal, and upon hearing the testimony of the parties, which may be taken orally, or by deposition; 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 use the same, for the purposes 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 should appear to the justice that it is right 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 damages last aforesaid, whose award in the

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premises, shall be final, and who shall apportion the cost as may appear just, 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 married woman, infant, insane person, idiot, or non-resident of the state.

Sec. 6. The said corporation is hereby authorised and empowered, to regulate the time and manner in which goods, passengers, and property, shall be taken and carried on said rail road or trackway and shall have power to erect and maintain, toll houses, and other buildings necessary for the accommodation of their concerns; and from time to time fix, regulate, demand, and receive, 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 track-way.

Sec. 7. If any person shall wilfully do or cause to be done, any act or acts, whatsoever, whereby any building, 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, impaired or destroyed, the person or persons, so offending shall forfeit 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 said rail road or track-way, to intersect or cross any stream of water or water course or courses, or any road or highway, between the places mentioned in the second section of this act, it shall be lawful for said 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 jurisdiction of the case, and prosecute the same to judgment and recovery; and to defend when being sued, to plead and be impleaded, both in

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law and in chancery; and shall be entitled to all the privileges and rights, which such a corporation by statutes or common law governing the case, ought and should of right have, and they 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, used, employed, or in hand and belonging to the said company, and shall be liable to be seized and executed, and sold after the judgment or decrees, to make good any contract, agreement or stipulation, made by any agent, superintendent or authorised person or persons in the employment of said company; and it shall be a sufficient service of process or notice in all cases to leave 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.

Sec. 10. The company aforesaid shall have power to make all the regulations and by-laws requisite for the transaction of all business appertaining to their affairs; Provided, such by-laws and regulations are 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 negotiate for a loan or loans, in aid of the purposes 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.

Sec. 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. Denning, Charles Oakley, and Edward Jones of the county of Tazewell, who shall receive all subscriptions offered, by bona fide male citizens of the county aforesaid of lawful age; Provided, a greater number than one hundred and twenty-five shares be subscribed as aforesaid, 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.

Sec. 12. It shall be lawful for the Pekin, Bloomington, and Wabash rail road company to unite their road with the road herein contemplated, at the town of Tremont, upon such principles and terms, as shall be adjudged just and

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equitable, by the circuit court of Tazewell county whose decision in the premises shall be final and conclusive.

Approved, Jan. 13, 1836.