a Bill

For an act to incorporate the “Central Branch ^Wabash^ Rail Road Company.

Be it enacted by the People of the State of Illinois, represented in General assembly, That ^John Todd, John Tacket, Thomas Lewis, Harrison Norfolk, Thomas Smith, Henry G. Smith, James Hite, William B. Archer, Uri Manly, James Waters[,] Thomas B. Trower[,] John F. Richardson and Nineveh Shaw^ their associates, successors & assigns are hereby Created a body Corporate & politic, under the name & style of the Central Branch [Wabash?] Rail Road Company, & by that name may be, & hereby are made capable in law and equity, to sue & be sued to final Judgment & execution, plead & be impleaded, defend & be defended, in any Court or Courts of record, or in any other place whatever, to make have & use a common seal, & the same to break, renew & alter at pleasure: to contract & be contracted with and shall be, & hereby vested with all the

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. . . to any person or corporation, by the taking of such Land or materials for the purposes aforesaid, shall be paid for by said Corp in the manner hereinafter provided.

Sec[Section] 2. The Capital stock of said C. shall consist of Five Hundred shares of one Hundred Dollars each & the immediate government & direction of the affairs of said Compy, shall be vested in not less than five Directors who shall be chosen by the members of the Compy, in the manner herenafter provided, who shall hold their offices for one year, & until others shall be duly elected & qualified to take their places as Directors; & the said Directors or a majority of them of whom shall form a quorum for the transaction of business, shall elect one of their number to be President of the Cmpy, & shall have authority to choose a clerk, who

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shall be sworn to the faithful discharge of his duty, & a Treasurer who shall give Bond to the Cmpany, with sureties to the satisfaction of the Directors.

Sec 3. The President & Directors for the time being, are hereby authorized & empowered, by themselves or their agents, to exercise all the powers & authority herein granted for the purpose of locating, constructing & completing said Rail Road, & all such other powers & authority for the management of the affairs of said Company, not heretofore granted, as may ne necessary to carry into effect the objects of this [grant?], to purchase & hold lands, materials & other necessary things, in the name of the Company for the use of the Road to make such equal assessments from time to time, on all the shares in said Co., as they may deem expedient & necessary in the progress & execution of the work

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[as?] they may deem expedient & necessary in the progress and direct the same to be paid to the Treasurer of the Compy & the Treasurer shall give notice of all such assessments. The board of Directors shall have power to call special meetings of the stockholders of the Co. & to adopt rules & by Laws, regulating the manner & time of pamt[payment] of all assessments they may order as they may ^deem^ expedient.

Sec 4. Said Company shall be holden to pay all damages that may arise to any person or persons, Corporation or Corporations, by taking their Land, stone or gravel for the use of said Rail Road, when the same can ^Cannot^ be obtained by voluntary agreement to be estimated & recovered in the manner provided by law for the recovery of Damages happening by the laying out of highways.

Sec 5. When the lands or other property or estate of any married woman, infant orphan non-compos mentis, shall be necessary for the [construction?] of said Rail Road, the husband of such married woman, & the guardian of such infant or person non compos mentis, may release all damages in relation to the land or estate to be taken & appropriated as aforesaid, as fully as they might do if the same were holden in their right respectively.

Sec 6. If any person shall wilfully, maliciously or wantonly & contrary to Law, obstruct the passage of any car on said Rail Road or any part thereof, or any thing belonging thereto, he she or they, or any person assisting, shall forfit & pay to said C^o, for every such offence, treble such damages as shall be proved before any Court Competent to try the same

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to be sued for in the name & behalf of said C^o; and such offender or offenders shall be deemed guilty of a misdemeanor & liable to indictment in the same manner as other indictments are found, in any County or Counties where such offence shall have been committed, & upon conviction, such offenders shall be liable to a fine not exceeding five thousand Dollars, for the use of such County where the indictment may be found or may be imprisoned not exceeding One Year, at the discretion of the Court before whom the Conviction may be had.

Sec. 7. said Company shall so construct their said Rail Road across Rivers Canals Turnpikes & other public ways, so as not to hinder obstruct or interfere with the passage navigation [...?] free use of such public ways: & if said Rail Road shall not be so constructed, it shall be lawful for the

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persons agrieved to abate the same, in the same manner as is now provided by law for the removal of obstructions to public ways.

Sec 8. The time ^& place^ of holding the annual meetings of said Compy for the election of Directors & other purposes shall be fixed & determined by the By Laws of the Compy, and at meetings each proprietor shall be entitled to one vote as many votes as he holds shares, & the two first persons named in this act are hereby authorized to call the first meeting of said Compy by giving notice in the Illinois advocate published at Vandalia, or ^in^ any other paper of general circulation in the state of the time & purpose of such meeting, at least Fifteen days before the time mentioned in such notice.

Sec 9 The President & Directors shall have power to make, ordain & establish such by Laws, rules & regulations & ordinances as they may deem expedient & necessary to accomplish the purposes & to carry into effect the provisions of this act, & for the well ordering, regulating & securing the interests & affairs of said Company, provided the same are not repugnant to the constitution & laws of this state & of the United states.

Sec 10. A toll be & hereby is granted and established for the sole [use?] ^benefit^ of said Company, upon all passengers & property of all descriptions which may be conveyed or transported upon said Road, at such rates per mile as may be agreed upon, & established from time to time by the Directors of said corporation. The transportation of persons & property, the

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construction of wheels, the form of cars and carriages, the weight of loads, and all other matters & things in relation to the use of said Road, shall be in conformity to such rules, regulations & provisions as the Directors shall from time to time prescribe & Direct, provided however that if the nett income & receipts from tolls & other [profits?] from & after the completion of said Rail Road, shall exceed twelve pct per annum. The Legislature may take measures to reduce said rate of tolls & other [?] profits so as to [take] off the overplus. The Directors of said Co for the time being are hereby authorized to erect toll Houses, establish Gates, appoint toll Gatherers & demand toll upon the Road when completed, & such parts thereof as shall from time to time be completed.

Sec 11. The said Compy shall have the route of the proposed Rail Road surveyed within Three years from July next & completed within Seven years thereafter or this and in case of failure ^of [which?] ^ is declared to be null & void.

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two years from August next and the Road completed within their Eight years thereafter otherwise this act is declared null & void.