Sec.[Section] 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That all such persons as shall hereafter become stockholders in the incorporation hereby created, shall constitute a body corporate and politic, by the name of “The Wabash and Mississippi Union Rail Road Company;” with power to construct a single, double, or treble rail road or way; from such points at the eastern boundary line of this state, as will admit of connecting it with the western termination of any similar rail road, or way, from the town of Lafayette, or from any other point in the state of Indiana, at the eastern boundary line of this state, and thence to the town of Danville, in the county of Ver-

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milion; thence to the town of Shelbyville, in the county of Shelby, in said state of Illinois; and thence to such point on the river Mississippi, as shall be determined by said company, after a survey shall have been made of the route, to be the most eligible, proper, and convenient point therefor, with power to transport, take, and carry, property, and persons upon the same, by the power and force of steam, of animals, or of mechanical or of 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 and style aforesaid, shall, for the term aforesaid, have continued succession, and shall be capable in law and equity, to sue and be sued, and to plead and be impleaded, in all manner of actions whatsoever; and may have and use a common seal, and alter the same at pleasure.

Sec. 3. If the said corporation, hereby created, shall not, within five years from the passage of this act, commence the construction of the said rail way, and spend, within two years thereafter, the sum of forty thousand dollars thereon; and shall not, within ten years from the passage of this act, construct, finish, and put in operation, one-fourth part of the said rail way; and shall not, within fifteen years from the passage of this act, construct, finish, and put in operation, one-half of the said rail road or way; and shall not, within twenty years from the passage of this act, complete, and 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 and 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, 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 and taken, under the direction of such persons as the directors shall, for that purpose, appoint: and whenever they shall direct one or more books to be opened for such purpose, the same shall and may be taken in such manner as the said board of directors shall have, for that purpose, appointed.

Sec. 5. That for the purpose of carrying into execution so much of the provisions of this act, as relates to the first subscription of stock, John D. Whiteside, of Monroe coun-

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ty; William W. Rowan 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 in this 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, shall be paid at the time of subscribing. So soon as said capital stock is subscribed, and books closed, the commissioners present, shall give notice for a meeting of the stockholders, at such time and 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 and there made 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 and surveys for said rail road, as may be necessary to the selection of the most advantageous line or lines, for the location of said road: and the said directors shall, after such examinations and surveys shall have been made, select, and by certificate under their hands and 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, build and make, their single, double or treble rail road, as hereinafter mentioned.

Sec. 7. The company hereby incorporated, shall first construct, lay down and 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

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rails of any part or portion of the second line or track, of said road.

Sec. 8. The directors chosen as aforesaid, shall, as soon as may be, after every election, choose out of their own number, a president, 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 directors shall have power to appoint a president, pro tempore, who shall have and exercise such powers and 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 and 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, and with such securities as the directors shall prescribe, and shall hold their offices during the pleasure of a majority of such directors. Said directors may also make, ordain, establish, and put in execution, such bye-laws, ordinances, and regulations, as may be necessary for the efficient and prudent management of the affairs and objects of the said corporation. 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, and until others shall be chosen; and ever thereafter, on the first Monday of November, in each and every year, at such time and 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 election shall be held under the inspection of three stockholders, not being directors, who shall be previously appointed. All elections shall be by ballot, and a plurality of the votes given, shall constitute a choice. In case of an equal number of votes 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 authorised and 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.

Sec. 13. The corporation is hereby empowered to purchase, receive and hold, such real estate as may be necessary and convenient in accomplishing the object for which this incorporation is granted; and may, by their agents, engineers and surveyors, enter upon, and take possession of, and use all such lands and real estate, as may be necessary and indispensable for the construction and maintenance of their single, double or treble rail road, and the accommodations requisite and appertaining thereto; and may also receive, hold and take all such voluntary grants and donations of land and real estate, as shall be made to the said corporation, for the purposes aforesaid, to aid in the construction, maintenance and accommodation of the said single, double, or treble rail road. But all lands or real estate thus entered upon, which are not donated, 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 such lands, the said corporation, or owners of said lands, may apply by petition, to the judge of the circuit court of the county in which such lands may lie—particularly describing the land 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 and place of hearing the parties; at which time and place, upon proof that the notice directed has been given, said judge shall prescribe the manner of ascertaining the damage 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, and residents of the county in which the lands described in the said petition, are situated; and who shall, under the direction of the said judge, make appraisement, and determine said damages, and report in writing, under their hands, to the said judge, who shall examine the same, hear the parties in relation thereto, if he should 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 land appraised. The commissioners shall be allowed three dollars for their services, per day, upon proof to the judge aforesaid, to be made within thirty days after his de

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termination 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 land; 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 be, 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 married woman, infant, idiot, or insane person, or non-resident of this state, who shall not appear after such notice, 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.2

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 track aforesaid, of said road; or with 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, 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 terms as may be agreed upon by the directors of said company.

Sec. 16. Said corporation is hereby authorised to construct, erect, build, and make and use a single, double or treble rail road or way, of suitable width and 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, whereupon to construct, erect, build and make the same; and shall have power to regulate the time and manner in which goods and passengers shall be transported, taken and carried on the same; and shall have power to erect and maintain toll houses, and other buildings and appendages, for the accommodation 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 course, or any road,

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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, to its former state, or in a sufficient manner not to have impaired its usefulness.

Sec. 18. It shall be lawful for the company hereby incorporated, from time to time, to fix, regulate and receive, the tolls and charges by them to be received, for the transportation of property or persons, on the single, double or treble rail road or way aforesaid, hereby authorised to be constructed, erected, built, made and used, and to take and receive tolls upon any point 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 anything appertaining to the same, shall be stopped, obstructed, impaired, weakened, injured, or destroyed, every person so offending, 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 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 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 the beneficial purposes therein intended; and all printed copies of the same, which shall be printed by, or under the direction of the general assembly, shall be admitted as good evidence thereof, in the courts aforesaid, without any other proof whatever: and this act shall take effect, and be in force, from and after its passage.

Approved, Jan. 18, 1836.