Sec.[Section] 1. Be it enacted by the people of the State of Illinois represented in the General Assembly, That James M. McLean, Abner Greer, and James Nabb of Lawrence county; John Occletree, Peter Green and William H. Hanes of Clay county; Benjamin Vermilion, Mark Tully and Rufus Ricker of Marion county; John M. Webster, John Scott, and Thomas Bond of Clinton county; James Riggin, Wm. W. Roman and John Starkey of the county of St. Clair, 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 bye-laws, rules and regulations, to enable them to carry into effect the provisions of this act, and the 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, superintendents, artists and all other officers, and persons necessary to carry into effect this act; they shall keep a journal of all their proceedings in which shall be entered all bye-laws, rules and regulations, and all orders for the payment of such allowances, as may be made to their offices, and all 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 adjournment, 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 opened for subscription to the capital stock at such time and such place or places as they may choose; one notice of which shall be given in some public newspaper in this state; in each of which books, the following entry shall be made: “We the undersigned, promise to pay the sum of dollars for each share of stock set opposite our names, in such manner and proportions, and at such times as the President and Directors of the Wabash and Mississippi Turnpike Company may direct. Witness our hands this day of

Sec. 6. It shall be lawful for all persons of lawful age, or for the agent of any corporate body, to subscribe for any amount of the capital stock, and the said corporation may by an agent, offer for sale in every other state any amount of stock upon such terms and conditions as may be thought advisable; and they shall have power on their own credit, to borrow money upon such terms as may be agreed on by the parties. The corporation may require such sum of money to be paid at the time of subscribing, not exceeding five 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 further payments on the stock shall be under the control of the corporation.

Sec. 7. As soon as five hundred shares are subscribed for, and five dollars paid on each share, it shall be the duty of the corporation to give three weeks notice thereof in some newspaper in this 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 superintendence 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 holder to one vote only, to be given by the person owning the same, or by 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, may vote by proxy.

Sec. 8. It shall be the duty of the 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 Monday in 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 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 by the president and countersigned by the clerk. The stock shall be transferable on the books of the corporation only, 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 dues from the holders thereof to the corporation, or for any sums that may thereafter become due on a contract made prior to such transfer.

Sec. 11. The corporation 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 times and places as they 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 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 such 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 thereon; 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 corporation is fully satisfied. The corporation shall require of all officers and others in their employ, bonds with security as they may think proper for the faithful performance of their duties.

Sec. 12. The corporation by their agents, shall have power from time to time, to examine, survey, mark and locate the road for a turnpike road, from a point on the Wabash river opposite Vincennes in the state of Indiana, thence to Lawrenceville in Lawrence county; thence to

---

Maysville in Clay county; thence to Salem in Marion county; thence to Carlyle in Clinton county; thence to Belleville in St. Clair county; and thence to a point on the Mississippi river opposite the city of St. Louis in Missouri; with full power to diverge from a direct line between the points named, where more favorable ground can be had for the construction of said road, the same to be not more than sixty feet in width. It is further provided that the said road be divided into four sections as follows, to wit: all that part of said road from the Wabash to Lawrenceville, shall be taken and considered the first section; that part from Lawrenceville to Maysville to be taken and considered the second section; that part from Maysville to Carlyle to be taken and considered the third section; and that part from Carlyle to St. Louis, to be taken and considered as the fourth section of said road. And the said corporation shall have full power and authority to open books for the subscription of stock for the entire construction of said road its whole length; or the said corporation may open books for the subscription of stock to be subscribed for the constructing and completing the first, second, third and fourth sections of said road as the case may be, beginning with the first divisional section, as the said corporation may deem most advisable under the regulations and provisions of this act.

Sec. 13. And for 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 construction 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 contract for stone, gravel, timber and other materials that may be obtained from any lands near thereto; to receive by donations, gifts, grants or bequests, lands, money, labor, 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 and entered into, in writing by any person or persons able in law to contract, made in conside-

---

ration 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, 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 neighborhood, 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 said report with said justice; whereupon, said justice shall enter judgment thereon unless for good cause shown; and in case either party shall shew sufficient cause why judgment shall not be be entered, the justice may grant a review of the premises either with or without costs: Provided either party may at any time after the rendition of 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 day fixed for 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 or awarded against either party at the discretion of of the justice.2

Sec. 17. If it shall be 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 county road: Provided however, 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 years, and complete the same within twenty years from its commencement: Provided, 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 and keep the same in good repair; and in no case shall the ascent in the road be greater than 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. As soon as the said corporation shall have completed the road as aforesaid, or any section thereof, or 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 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 traveling said road the tolls allowed by this act: Provided, That whenever that portion of the said turnpike road, as lies between the Wabash river and Lawrenceville, shall be completed, the said company may erect toll-gates, and demand and receive tolls for travel thereupon, at the rates herein allowed pro rata, should the distance between said points be less than ten miles.

Sec. 24. The following shall be the rates of toll 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 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 cent: 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 toll: 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 any turnpike gate, which

---

shall be enclosed pursuant to this act, or shall practise 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 any 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 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 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 nor less than five dollars for every such offence, to be recovered in an action of debt at the suit of the state of Illinois, 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 travelers in consequence of any such unlawful damage or obstruction of the road. All damages and costs under this section shall inure to the parties entitled to the same, and shall be collected by execution without 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 any justice of the peace, forfeit and pay a sum not 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 of 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 incuring the same; and the defendant or defendants in any such suit or 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 received; 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 tolls received, shall equal the cost and expenses 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 agent of the state appointed for that purpose by the legislature; and if the said corporation shall neglect or refuse 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 authorised and empowered to demand and receive the same toll and proceed in the same manner to collect the same from the drivers, 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 authorise 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.3

Approved, Jan. 13, 1836.