A bill for an act to incorporate the Wabash and mississippi Union Rail Road Company.

after a survey shall have been made of the route to be the most Eligible proper, & convenient point therefor, with power to transport, take, & carry, property & persons upon the same, by the power & force of steam, of animals, or of mechanical or other power, or any combination of them, for the term of fifty years from the passage of this act.

Sec 2. The said Corporation, by the name & style aforesaid shall for the term aforesaid, have continued succession, and shall be capable in Law & Equity, to sue & be sued, & to plead & be defended, in all manner of actions, and other actions whatsoever, and may have & use a common Seal, & alter the same at pleasure.

Sec 3. If the said Corporation is hereby created, shall not within five years from the passage of this act commence the construction of the said Rail way & spend within two years thereafter, the sum of forty thousand dollars thereon, and shall not

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within two years thereafter within ten years from the passage of this act construct, finish, & put in operation one fourth part of the said Rail Way, & shall not within fifteen years from the passage of this act, construct finish, & put in operation, one half of the said Rail Road or way, & shall not within twenty years from the passage of this act, complete & put in operation the whole of the said Rail Road or way, or in the event of the failure of the Company [...?] to construct the parts of the said Rail Road within either of the times above specified, then the rights & powers of the said Corporation under this act shall be null and void.

Sec 4. The Capital Stock of the said Corporation shall be four hundred thousand dollars, which shall be divided into shares of two hundred dollars ^each^

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which shall be deemed personal property, and shall be transferable in such manner as the said corporation shall by bye Laws direct. The Capital Stock of the said Corporation may at any time hereafter be increased, to a sum not exceeding two millions of dollars, if the same shall be deemed necessary by the directors of the said Corporation, to the Completion of the said Rail Road, and the same may be subscribed for & taken, under the direction of such persons as the directors shall for that purposes appoint, and whenever they shall direct one or more books to be opened for such purpose, and the same shall & may be taken in such manner as the said board of Directors shall have for that purpose prescribed.

Sec 5 That for the purposes of carrying into Execution so much of the provisions of this act as relates

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to the first subscription of stock John D Whitesides of Monroe county, William W Roman, and A W Snyder of st Clair county Benjamin Bond and John Scott of Clinton county, Milton K. Alexander of Edgar County, Jesse B. Thomas of sangamon County, John Vance of Vermillion County and John D Wood of Washington county,

be and are hereby appointed Commissioners whose duty it shall be within the period of twelve months after the passage of this act, at some suitable place to open books to receive Subscriptions for the Capital Stock of said Corporation, and twenty days public notice shall be given by said Commissioners of the time and place of opening such books, in one or more of the public newspapers printed inthis state, and a majority of the commissioners shall constitute a board to receive Subscriptions which books shall be closed as soon as said Capital Stock is subscribed. The Commissioners shall receive no subscriptions unless one dollar on Each share

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shall be paid at the time of subscribing, so soon as Said Capital Stock is Subscribed & books Closed, the commissioners present shall give notice for a meeting of the stockholders, at such time & place as they shall appoint, to choose five directors, and such commissioners are hereby appointed inspectors of such Election, and such election shall be then & there made of by such of the stockholders, as shall attend for that purpose, in person or by proxy. Each share of the Capital stock entitling a stockholder to one vote on such share. And said Commissioners shall certify under their hands the names of the persons duly Elected, and deliver over the subscription books, together with all moneys by them received for subscriptions to the directors so chosen

Sec 6. The said directors shall have power to appoint one or more engineers to cause such examination & surveys for said Rail Road as may be necessary to the selection of the most advantageous line or lines

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for the location of said Road, and the said Directors shall after such examinations and surveys shall have been made, select & by certificate under their hands & seals, designate the line, course or way they may deem most advantageous for said Rail Road, which certificate shall be filed in the office of the Secretary of state of this state, which said Line, course or way so selected, and certified, shall be deemed the line, Course or way on which the said Corporation shall construct a, Erect, build, and make their single, double, or treble rail road, as hereinafter mentioned

Sec 7. The Company hereby incorporated shall first construct, lay down, & complete one line or track of said Road, on the route aforesaid, and shall convey Either passengers or materials thereon, before they shall lay down the rails of any part or portion of the second Line or track of said road.

Sec 8. The Directors chosen as aforesaid

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shall as soon as may be after Every election choose out of their own number one ^a^ President, and who shall preside until the next annual election thereafter, and until another President shall be chosen, and in case of the death or resignation of the President, or of any director, the vacancy thus occurring may be filled for the remainder of the year in which they may happen by the board of directors, and in Case of the absence of the President, the board of the Directors shall have power to appoint a President pro tempore, who shall have & Exercise such powers & functions as the bye Laws of the Said Corporation may provide.

Sec 9. In case it should at any time happen that an Election of directors shall not be made on any day when pursuant to this act it ought to have been made, the said Corporation shall not, for that Cause be deemed to be dissolved, but such Election may be held at any other time within ninety days thereafter.

Sec 10. The said Directors shall have power to appoint a secretary & Treasurer, and all subordinate officers of said Corporation, fix their compensation, define their powers, and prescribe their duties, who shall give such bonds, in such penal sums, with Such conditions & with such securities, as the Directors shall prescribe, and shall holds their offices during the pleasure of a majority of such directors. Said Directors may also make, ordain, establish, & put in Execution such bye Laws, ordinances & regulations as may be necessary any for the efficient & prudent management of the affairs and objects of the said incorporation, no bye Laws, ordinances or regulations of the same shall be in any wise contrary to the Constitution, and existing Laws of this state, or of the United States.

Sec 11. The first directors to be chosen, shall hold their offices until the first monday of November Eighteen hundred and thirty seven,

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and until others shall be chosen, and ever thereafter on the first Monday of November in each and every year at such time & place as the said directors shall appoint, giving twenty days previous notice in the manner prescribed for giving notice by the Commissioners for the opening of the books. Every such election shall be held under the inspection of these stockholders not being directors, who shall be previously appointed. All Elections shall be by balot and a plurality of the votes given shall constitute a choice. In case of an Equal number of vots for any two or more directors the remainder of the directors shall determine who shall be entitled to a seat at the Board

Sec 12. Said Corporation are authorized & Empowered to borrow from time to time such sum or sums of money as in their discretion may be deemed necessary, not exceeding two thirds of the full amount of their capital, to aid in the construction of said work.

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said work, and if it should appear to said Corporation that any part thereof or any surplus fund is not necessary to be retained, the same may be disposed of, on such terms as the Directors of said Corporation may deem proper, on loan at such rate of interest as is now allowed by the Laws of this state to be taken

Sec 13. The Corporation is hereby Empowered to purchase, receive, & hold such real Estate, as may be necessary & convenient in accomplishing the objects for which this incorporation is granted, and may by their agents, Engineers, & surveyors, enter upon & take possession of & use all such lands and real Estate as may be necessary & indispensable for the Construction and maintenance of their single, double, or treble Rail Road, and the accomodation requisite and appertaining thereto, and may also receive hold & take, all such voluntary grants & donations of land, and

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real Estate, as shall be made to the said corporation for the purposes aforesaid to aid in the construction, maintenance & accomodation, of the said single, double, or treble Rail Road, but all lands or real Estate thus Entered upon which are not donations shall be purchased by the said Corporation of the owner or owners of the same at a price to be mutually agreed upon between them, and in case of a disagreement as to price, and before making any portion of said road on said Land, the said Corporation or owners of said land, may apply by petition to the Judge of the Circuit Court of the County in which said Lands may be, particularly describing the lands to be appraised, who upon such application, shall cause such notice to be given to the other party, as shall be deemed proper and sufficient, appointing therein the time & place of hearing the parties, at which time

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& place, upon proof of the that the notice directed has been given, said Judge shall prescribe the manner of ascertaining the damages, which the owner of said land or real Estate will sustain, by the occupation thereof of said corporation. And the said Judge shall appoint three competent and disinterested commissioners, who shall be freeholders & residents of the county in which the lands described in the said petition are situate, and who shall under the direction of the said Judge make appraisement & determine Said damages, & report in writing under their hands to the said Judge, who shall examine the same & hear the parties in relation thereto if he shall deem it expedient, and increase or diminish the damages, if he shall be satisfied that injustice has been done. The report shall contain a minute and accurate description of the

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land appraised. The Commissioners shall be allowed three dollars Each for their services, per day, upon proof to the Judge aforesaid to be made within thirty days after his determination of payment to the owner or of depositing to the credit of the owner in such incorporated monied institution, as the said Judge shall direct, of the amount of said damages, and the payment of all Expenses attending such appraisement. The said Judge shall make an order or decree particularly describing the cause, and reciting the appraisement of damages, and the mode of making it, and all other facts necessary to a compliance with this section of this act, and when the said order or decree shall be recorded, in the office of the Recorder of the county in which such lands may lie, and The said Corporation shall be seized and possessed of such lands or real Estate, and may enter upon and take possession, and use the same for the purposes of said road.

Sec 14. In case any unmarried woman, infant, idiot, or insane person, or non resident of this state, who shall not appear after such notice,

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shall be interested in any such land or real Estate, the said Judge shall appoint some competent, disinterested person to appear before the said Commissioners and act for and in behalf of such persons in this section named

Sec 15. It shall be lawful for the said corporation to unite with any other Rail Road Company, which may be already incorporated by this state on any part of the route or tracks aforesaid of said road, or within any company incorporated or to be incorporated in the state of Indiana or in any other of the United States, for the making of a continuation of the said Rail Road or any other rail road, from the state line of Illinois to the town of Lafayette, or in the state of Indiana, or to any other point in the state of Indiana on the Wabash River, and thence to any other point in the said state of Indiana or other state of the Union, upon such terms as may be agreed upon, by the directors of said company.

Sec 16. Said Corporation is hereby authorized to construct, Erect, build, & make, & use a single, double, or treble rail road or way of suitable width & dimensions to be determined by said Corporation, on the line, course, or way designated by the directors as aforesaid as the line, course, and way whereon to construct, Erect, build, & make the same, and shall have power to regulate the [line?] and manner in which goods and passengers shall be transported taken & carried on the same, and shall have power to Erect and maintain toll houses and other buildings and appendages for the accomodation of their concerns, as they may deem Suitable for their interests.

Sec 17. Whenever it shall be necessary for the construction of their single, double, or treble rail road to intersect or cross any stream of water or water courses, or any road or Highway, it shall be lawful for the said corporation to construct their way or ways across or upon the same, after which the Corporation shall restore the stream or water course or road or highway thus intersected,

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to its former state, or in a sufficient manner not to have impaired it’s usefulness

Sec 18. It shall be lawful for the company hereby incorporated from time to time to fix regulate & receive for transport the tolls & charges by them to be received for the transportation of property or persons on the single, double, or treble rail road or ways aforesaid, hereby authorized to be constructed, Erected, built, made & used, and to take & receive tolls upon any part of said route, whenever and as fast as sections of five miles are fully completed

Sec 19. If any person shall wilfully do or cause to be done any act or acts whatever, whereby any building, construction, or work of the said Corporation or any Engine, machine or structure, or any thing appertaining to the same, shall be Stopped, obstructed, impaired, weakened, injured, or destroyed, Every person so offending

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Shall be deemed guilty of a misdemeanor, and shall forfeit and pay to the said Corporation, double the amount of damages sustained by means of such offence or injury, to be recovered in an action on the case in the name of the Said Corporation, with costs of suit, before any justice of the peace, or before any court of record in this state

Sec 20. It shall be lawful for the directors to require payment of the sums Subscribed or to be Subscribed to the capital Stock, at such times and in such proportions, and on such conditions as they shall deem fit, under the penalty of a the forfeiture of such stock, and of all previous payments thereon, and they shall give notice of the payments thus required, and of the place and time

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when the same are to be paid, ninety days previous to the payment of the same in the Public newspaper published at the seat of Government in this state, and at such other place or places as the said Directors may deem proper.

Sec 21. This act shall be deemed a public act, and shall be construed liberally, in all courts within this state, for all beneficial purposes therein intended, and all printed copies of the same, which shall be printed by or under the directions of the general assembly, shall be admitted as good Evidence thereof

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in the courts aforesaid, without any other proof whatever, and this act shall take Effect and be in force from and after its passage.