Sec[Section] 1. Be it enacted by the people of the state of Illinois represented in the General Assembly, That James M. M^cLean, Abner Greer, and James Nabb of Lawrence county, John Occletree, Peter Green, and William H Hance of Clay county, Benjamin Vermillion, Mark Tully and Rufus Ricker of Marion county, John M Webster, John Scott and Thomas Bond of Clinton county, James Riggin, William W Roman and John Starkey of the county of S^tClair, and their successors in office duly elected as hereinafter directed are hereby constituted and appointed a body politic and corporate, and by the name and style of “The President and Directors of the Wabash and Mississippi Turnpike Company” shall be able and capable in law and equity to defend and be defended, answer and be answered unto in any, and all courts of justice whatever; to make and use a common seal and the same to alter, change or renew at pleasure; and shall be able in law to make contracts and enforce the same, and to make and enforce the necessary Byelaws rules and regulations, to enable them to carry into effect the provisions of this act and the

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objects contemplated by the same, not inconsistent with the laws and constitution of this state.

Sec 2. The capital stock of said corporation shall be five hundred thousand dollars divided into shares of fifty dollars each, with power to increase the capital stock, if necessary, to accomplish the objects herein contemplated.

Sec 3. The Directors in this act named or a majority of them, shall meet at such time and places as they may agree on and organize said corporation by electing one of their own body to be President and after such organization any three of said Board shall be a quorum to do business. But after an election for directors it shall require five to form a quorum.

Sec 4. The corporation shall have power to appoint agents, clerks treasurers, surveyors, engineers, superintendants, artists and all other officers and persons necessary to carry into effect this act. They shall keep a journal of their proceedings, in which shall be entered all Byelaws, rules and regulations and all orders for the payment of such allowances as may be made to their officers and all

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others in their employment: which journal shall from time to time be read, corrected and signed by the President. They may sit on their own adjournments, or on the call of the President. When the President is absent, they may appoint a President pro tempore. They shall fill all vacancies that may happen in their own body.

Sec 5. The corporation shall cause books to be

2	opened for subscription to the capital stock at
3	such time and such place or places as they
4	may choose, one notice of which shall be given
5	in some public newspaper in this state; in
6	each of which books the following entry shall
7	be made: “we the undersigned, promise to
8	pay the sum of dollars for each
9	share of stock set opposite our names in such
10	manner and proportions and at such time
11	as the President and directors of the Wabash
12	and Mississippi Turnpike Company may
13	direct, witness our hands this day of ”

Sec 6. It shall be lawful for all persons of lawful

2	age, for the agent of any corporate body to subscribe
3	for any amount of the capital stock; and
4	the said corporation may, by an agent, offer
5	for sale in every other state any amount of
6	stock upon such terms & conditions as may
7	be thought advisable; and they shall have
8	power on their own credit to borrow money
9	upon such terms as may be agreed on by
10	the parties. The corporation may require such
11	sum of money to be paid at the time of subscribing
12	not exceeding X dollars on each share

as they may think proper; but the amount required shall be made known at the notice for opening the books, and any future payments on the stocks shall be under the control of the corporation

Sec 7. As soon as five hundred shares are

2	subscribed for, and X dollars paid
3	on such share, it shall be the duty
4	of the corporation to give three weeks

notice thereof in some newspaper in this

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state, and in such notice appoint a time and place for the stockholders to meet and Elect eleven directors, who shall be stockholders and citizens of this state, and which election shall be by ballot, conducted under the superintendance of one inspector and two judges appointed by the stockholders present, and the persons having the highest number of votes for directors shall be declared duly elected. No share shall confer a right to vote at any Election unless the same shall have been held one month previous to the Election; in all elections each share shall Entitle the holon to one vote only, to be given by the person owning the same, only one of any partners, or by the husband, father, mother, administrator or Executor, or trustee, or guardian, or by the agent of any corporation, or any person having a right to

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may vote by proxy.

Sec 8. It shall be the duty of the Ele directors elected as above, and those elected at all subsequent elections, to meet as soon thereafter as may be convenient, and Elect one of their body to be president. The President and directors thus Elected, shall continue in office, until the next annual election, and until their successors are Elected and qualified.

Sec 9. All elections after the first shall be held on the first mondays of January annually, under the direction of the stockholders present; of which election notice shall be given; but should no Election be held on the day appointed by this act, or by the directors for the first Election, it shall be lawful to hold the election on any

Sec 10 other day.

Sec 10. Certificates of stock shall be given to the stockholders, which shall be evidence of the stock held; they shall be signed

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by the President, and countersigned by the clerk. The stock shall be transferable on the books of the corporation only, or by an agent or attorney, or by the administrator, executor, trustee, or guardian; but such stock shall be at all times holden by the Corporation for any ones from the holder thereof to the corporation; or for any sums that may thereafter become ones on a contract made prior to such transfer.

Sec 11 The corporations shall have power to call for such portions of the stock subscribed, not exceeding twenty five per centum Every six months, as they may think proper, to be paid at such time and place as they may think proper, may designate, by giving sixty days notice in some newspaper of this state, or by giving written notices to the stockholders, in which shall be specified the amount demanded on Each

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share, and the time and place of payment; and if any stockholder shall neglect or refuse to pay such requisition, within ten days after the time named for such1 payment, the corporation may bring suit against such delinquent, for the amount due and called for, in any court of competent jurisdiction, and recover the amount with two per centum interest thereon per month, and if the amount cannot be made on execution, or if such delinquent is out of the state, then the corporation may, by an order on their books, declare such stock forfeited to the corporation with whatever amount may have been paid there on; and no such delinquent, before the forfeiture of his stock, shall have the right to vote for directors, or receive any dividend on his, her, or their stock, until the whole corporation is fully satisfied. The corporation shall require of all officers and others in their employ, bonds with security as they

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may think proper for the faithful performance of their duties.

Sec 12. The corporation by their agents shall have power,

2	from time to time, to examine, survey, mark and
3	locate the road for a Turnpike Road from a point
4	on the Wabash River opposite Vincennes in the state
5	of Indiana, thence to Lawrenceville in Lawrence
6	county; thence to Maysville in Clay county; thence to
7	Salem in Marion County; thence to Carlysle in
8	clinton county; thence to Belleville in StClair
9	county, and thence to a point on the Mississippi
10	River, opposite the city of StLouis in Missouri;
11	with full power to diverge from a direct
12	line between points named, where more
13	favourable ground can be had for the con
14	struction of said road, the same to be not
15	more than sixty feet in width. It is fur
16	ther provided that the said road
17	be divided into four sections as follows
18	to wit all that part of said road from
19	the Wabash to Lawrenceville shall be <Page 10>
20	taken and considered the first section; that
21	part from Lawrenceville to Maysville to be taken
22	and considered the second section; that part
23	from Maysville to Carlysle to be taken and
24	considered the third section, and that part
25	from Carlysle to StLouis to be taken and
26	considered as the fourth section of said road.
27	And the said corporation shall have full
28	power and authority to open books for the
29	subscription of stock for the entire con
30	struction of said road its whole length
31	or the said corporation may open books
32	for the subscription of stock to be subscribed
33	for the constructing and completing the first,
34	second, third sections of said road as
35	the case may be begining with the first

divisional section, as the said corporation may deem most advisable under the regulations and provisions of this act.

Sec 13. And the purpose of making such examination and location, it shall be lawful for the corporation, by their agents or persons in their employ, to enter upon any land to make surveys and estimates, and for the purpose of searching for stone, gravel, wood, or other materials necessary for the constructing of said road; but no stone, gravel, or other materials shall be taken away from any land without the consent of the owner thereof, until the rate of compensation shall be ascertained and paid

Sec 14. It shall be lawful for the corporation, either before or after the location of any section of the road, to obtain from the person, or persons through whose lands the same may pass, a relinquishment of so much of said land as may be necessary for the construction of said road, as also the stone, gravel, timber, and other materials that may be obtained on said route; and may

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contract for stone, gravel, timber and other materials that may be obtained on said route from any lands near thereto, to receive by donations, gifts, grants, or bequests, lands money, labour, property, stone, gravel, wood or other materials for the benefit of said corporation; and all such contracts, relinquishments, and donations, gifts, grants, or bequests, made & entered into in writing by any person or persons able in Law to contract, made in consideration of such location, and for the benefit of the corporation, shall be binding and obligatory; and the corporation may and shall have their action at Law in any court of competent jurisdiction, to compel a compliance thereto, Provided, that all such contracts, relinquishments, donations, gifts, grants &c and bequests, shall be made in writing by the party making the same

Sec 15. That in all cases where any person, through whose land the road may run, shall refuse to relinquish the same, or where a contract between the parties cannot be made, it shall be lawful for the corporation to give notice to some justice of the peace, in the county where such circumstances occur or may exist, and such justice shall thereupon summon the owner of said land to appear before him upon a particular day within ten days thereafter, and shall appoint twelve disinterested persons of the neighbourhood, who shall, after taking an oath faithfully and impartially to assess the damages, if any, view the land or materials, and after having taken into consideration, the advantages as well as disadvantages, the road may be to the same, report thereon whether such person is entitled to damages or not, and if so, how much, and shall file such

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with said justice; whereupon said justice shall enter judgment thereon, unless for good cause sheron; and in case either party shall shew sufficient cause, why judgment shall not be entered, the justice may grant a review of the premises either with or without costs, Provided, either may, at any time after the rendition of the judgment, appeal to the circuit court of the proper county, as in other cases, and such court shall appoint reviewers as above directed, who may report at that or the succeeding term, in the discretion of the court, and the judgment of the circuit court shall be final when rendered.

Sec 16. And in all cases, where the owner or owners of such land or materials, shall be minors, insane persons, or reside out of the county where such land may be, such justices shall cause three notices of the application made and of the deed fixed for

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the appointment of viewers, to be posted up in three of the most public places in the county, and if no person should appear on the day named in said notices, such justice shall adjourn the same until that day two weeks, at which time he shall proceed, ^as^ if such person or persons had been duly notified to attend; and on such judgment being rendered, and the corporation complying therewith by the payment of costs or damages or both according to the award against them, the corporation shall be seized of the land or materials; costs shall be allowed [00?] awarded against either party at the costs ^discretion^ of the justice.

Sec 17. If it shall ne found necessary to the construction and location of said road the corporation shall have the right to lay the same along and upon any state or country road, Provided, however,

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before such location is made the corporation shall apply to the county commissioners in their respective counties through which the said road will run, for said right; and the said County Commissioners are hereby vested with power to grant to said corporation such right, and shall enter the same on the records of said county or counties as the case may be.

Sec 18. That when said corporation shall have procured the right of way, as herein provided, they shall be seized in fee simple of the right to such land, and shall have the sole use and occupancy of the same, for the purposes aforesaid, and no person, body politic or corporate, shall in any way interfere with, molest, injure, or disturb any of the rights and privileges hereby granted.

Sec 19. The corporation shall commence the construction of said road within five

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years, and complete the same within twenty years from its commencement, Provided, however, that if any one of the sections of said road shall be completed within the time aforesaid, the charter shall not be forfeited as to that part of said road so completed, although the residue of said road may not have been completed within the time aforesaid

Sec 20. The corporation shall cause said road to be opened not exceeding sixty feet wide; at least twenty feet of which shall be made an artificial road composed of stone, gravel, or other suitable materials well compacted together, in such manner as to secure a firm, substantial and even road, rising in the middle with a gradual curve, and shall maintain & Keep the same in good repair; and in no case shall

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the assent in the road be greater than five an elevation of five degrees

Sec 21. That when said road or any particular section thereof shall be located, it shall be the duty of said Corporation to cause a plat or plats thereof to be deposited in the office of the secretary of state, and after that time it shall ^not^ be lawful for said corporation to alter or change any part thereof, unless said corporation pay the owner or owners of land on said route the amount of damages they may sustain by such change.

Sec 22. That if said road after its completion or any section thereof shall be suffered to go to decay, or be impassable for one year, unless when the same is repairing this charter shall be considered as forfeited.

Sec 23. So soon as the said corporation shall have completed the road as aforesaid, or any section thereof, or

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ten miles of any section, beginning at the Wabash opposite vincennes, and so on from time to time as often as ten continuous miles of said road shall be completed, an agent shall be appointed by the Legislature is Governor if not otherwise directed by the Legislature, (who) shall on the application of the corporation examine the same and report his opinion in writing to the corporation; and if such report shall state the road or any ten continuous miles of the same to be completed agreeably to the provisions of this act, the corporation may then erect a gate or gates at suitable distances apart, not less than ten miles, and demand and receive of persons travelling said road the tolls allowed by this act.

Sec. 24. The following shall be the rates of tolls for each and every ten miles of said road, and in the same proportion for a greater or less distance, to wit: for every four wheeled carriage, wagon, or other vehicle, drawn by one horse or other animal, Eighteen and three fourth cents; for every horse or other animal in addition, six and one fourth cents; for every cart, chaise, or other two wheeled carriage or vehicle, drawn by one horse or other animal, twelve and a half cents; for every horse or other animal in addition, six and a fourth cents; for every sled or sleigh, drawn by one horse or other animal, twelve and a half cents; for every horse or other animal in addition six and a fourth cents; for every coach, chariot, or other four wheel pleasure carriage drawn by one horse, twenty five cents, for every additional horse twelve and a half cents; for every horse and rider six

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six and a fourth cents; for every horse mule or ass six months old or upwards, led or driven three cents; for every head of neat cattle, six months old and upwards, one cen, —Provided, that all persons going to and returning from public worship, and all Militia men going to, and returning from musters, and all funeral processions shall pass said road, free of tolls, Provided, also, that the Legislature may at any time after the expiration of ten years, from the time of the completion of said road or any section thereof, make any reasonable alteration in the rates of toll aforesaid.

Sec 25. If any person or persons using said road shall, with intent to defraud said company, or to evade the payment of toll, pass through any private gate or bars, or along any other ground near to

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any turnpike gate, which shall be enclosed pursuant to this act, or shall practice any fraudulent means with intent to evade or lessen the payment of such toll, or if any person shall take another off said road with an intent to defraud said corporation, each and every person concerned in such fraudulent practice, shall for every such offence, forfeit and pay to the corporation the sum of five dollars without any stay of execution, to be recovered with costs of suit in an action of debt, at the suit of the corporation, before any justice of the peace of the County, Provided That nothing in this act shall be so construed as to prevent persons residing on said road, from passing thereon, about their premises between the gates, for common and ordinary business.

Sec 26. If the said corporation shall fail, for ten days in succession, to keep

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said road in repair, and complaint be made thereof to a justice of the peace of the county, it shall be his duty forthwith to summon three disinterested, judicious freeholders to examine the same; and he shall give notice to the toll gatherer at the nearest gate, of the time when said freeholders will proceed to examine that part of said road complained of and the said freeholders, after having taken an oath or affirmation, to act, impartially, shall proceed in the Examination, and if they shall find the same out of repair, they shall certify it to a justice of the peace, who shall immediately transmit a copy of said certificate to the nearest toll gatherer, where such defective part of the road lies; and from the time of receiving such notice, no toll shall be demanded or received for such part of the road until the same shall be put in complete repair, under the penalty of five dollars

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for every such offence, to be recovered of said corporation with costs of suit and for the use of the party agrieved.

Sec 27. If any person shall wantonly or wilfully destroy or in any manner injure, or obstruct any part of said road, or any gate thereon, otherwise than in the just and lawful use thereof, every person shall on conviction thereof before a justice of the peace of the county, be liable to a fine of not more than fifty or less than five dollars for every such offence, to be recovered in an action of debt at the suit of the state of the Ill^s, to go to the county seminary fund in the county where the injury may have been committed, and such offender moreover shall be liable for all such damages to the corporation, and for injury accruing to travellers in consequence of any such unlawful damage to or obstruction of the road. All

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damages and costs, under this section shall inure to the parties entitled to the same, (and) shall be collected by Execution, without any delay or stay of execution, before any court having competent jurisdiction thereof.

Sec 28. The company shall put up a post or stone at the end of Each mile, with the number of miles from fairly cut or painted thereon, and also in a conspicuous place, near each gate shall be placed a board with the rates of toll fairly painted Thereon, and such other matter in relation to direction as may be necessary.

Sec 29. Any person wilfully destroying, defacing or removing any guide board mile post or stone, or list of rates of toll, erected on said road, shall on conviction thereof before a justice of the peace, forfeit and pay a sum, not

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exceeding ten dollars, to be recovered with costs of suit, in an action on the case, at the suit, and for the use of the corporation.

Sec 30. If any toll gatherer on said road, shall unreasonably detain any passenger, after the toll has been paid or tendered, or shall demand or receive greater toll than is by this act allowed, he shall for every such offence, forfeit and pay a sum not exceeding ten dollars to be recovered with costs of suit before any justice of the peace having competent jurisdiction, at the suit after the party injured, Provided, that no suit or action shall be brought against any person or persons, for any penalty incurred under this section, unless such suit or action shall be commenced within thirty days from the time of incurring the same; and the defendant or defendants in any such suit or

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action, may plead the general issue, and give this act in evidence with any other special matter.

Sec 31 The corporation shall cause to be Kept a fair account of the whole expense of making and repairing said road, or any section thereof, with all incidental expenses; and also a fair account of the toll receiver; and the state shall have the right to purchase the stock of said company at any time after twenty years, on paying said corporation a sum of money, which, together with the toll received, shall equal the costs and expense of said turnpike road as aforesaid, with an interest of twelve per centum per annum; and the books of the corporation shall always be open for the inspection of any ag^t[agent] of the state appointed for that purpose by the Legislature; and if the said corporation, shall neglect or refuse

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exceeding ten dollars, to be recovered with costs of suit. to exhibit at any time their accounts agreeably to this section, when thereto required then all the rights and privileges granted by this act, shall cease and be at an End.

Sec 32. The said corporation shall be, and are hereby authorized and empowered to demand and receive the same toll and proceed in the same manner to collect the same from the driver, owner or owners of any stage, carriage or sleigh, in which shall be conveyed the mail of the united states, as they have, by this act a right to do, from the drivers of similar carriages and sleighs, drawn by the same number of horses, in which no mail is carried, any law to the contrary notwithstanding, Provided, that nothing herein contained shall be so construed as to empower said corporation, their agent or agents, to stop or detain any person, carriage, sleigh or horse, while actually employed in the conveyance of the said mail.

Sec 33. It shall be lawful for the county commissioners of each and every county through which the said road may run or pass, for, and on behalf of such county to authorize by an order, as much of the stock to be taken as they may think proper.

Sec 34 This charter is to be limited to fifty years in its duration.

Sec 35 This act to be in force from and after its passage, and shall be taken and considered a public act in all courts of record within, and out of this state, as also in courts of Justices of the peace, and shall be beneficially construed.