Section 1 Be it enacted by the People of the State of Illinois represented in the General Assembly, the John Bates Junior, and Edward W. Casey,2 and all such other persons as shall become stockholders, agreeable to the provisions of this Act, in the Corporation hereby created shall be and continue for the Term of fifty years from the passage of this Act; a body corporate and politic, by the name of the Des Plain, and Chicago Rail-Road Company.

Sec[Section] 2 The Corporation shall have the right to construct, and during it’s existence to maintain and continue a Rail Road or ^(^Rail Roads,^)^ with a single or double track, and with such appendages, as may be deemed necessary, for the convenient use of the same, to transport take and carry persons, and their property on the same, by the power or force of Steam, or animals, or any other mechanical, or other power, of or of any combination of them, for the term of fifty years, from the passage of this Act, commencing, at any eligible point, or point in the said Town of Chicago, and County of Cook, and extending from thence on the most eligible and practicable rout to the River. Des Plains. in the vicinity of the present crossing of the Ottawa and Galena Road, to the west Bank of said river. ^Sec 3^ ^3^d ^ If the said Corporation hereby created shall not within the term of two years from the passage of said Act, commence the [construction?] of said Road, and expend at least the sum of five thousand Dollars, thereon and shall not within five years from the passage of this Act, construct, finish, and put in operation, the single or double Rail Road then the said Corporation shall thence forth forever cease, and this Act shall be null and void.

Sec 4 The Corporation is hereby empowered to purchase, receive[,] and hold such real estate, as may be necessary and convenient, in accomplishing the object

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for which this Corporation is granted; and may by their ^Agents^[,] Surveyors[,] and Engineers, enter upon, and take possession, of and use all such lands and real estate, as may be indispensable for the construction and maintenance of the single, or double Rail Road, of way, and the accomodations require, and appertaining thereto, and may also receive hold and take all such voluntary grants and donations of lands, and real estate for the purpose of said Road, as shall be made, to the said Corporation; by any corporation Company, Individual[,] or Individuals, to aid in the construction maintenance and accom[od?]ation, of the said single or double Rail Road or way; completely vesting in said Company and Corporation absolutely the fee-simple to the same; but all lands, or real estate thus entered upon for materials or otherwise, which are not donations, or owned by the Company, shall be purchased, by the said corporation, of the owner or owners, of the same, at a price to be agreed upon mutually by the Company, and the owner or owners; and in case of a disagreement as to price, and before taking any materials, or making any portion of said Road, or said land, it shall be lawful for the Commissioner, superintendant, or other authorised person, to apply to some Justice of the Peace of the County, where the same may occur; who shall cause three free holders to be summoned, and after being sworn faithfully and impartially, to examine the materials, or ground to be pointed out to them, by the Commissioner, Superintendant[,] or other authorised person or persons, and notice having been given, to the owner of the property; Said freeholders shall assess the damages; which they shall believe such owner or owners will sustain over and above the additional value which such lands will derive from the construction of such Road, and make two written reports signed by at least a majority of them, one of which they shall deliver to the Commissioner. superintendant, or other

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person requesting the view; and the other to the Justice of the Peace, and the amount of damages and Costs being ^paid^ to the viewer ^owner^, or deposited with the Justice of the Peace, the Road may be located and constructed, and materials taken but if either party shall be dissatisfied with the value, an Appeal, where lands are in question, may be taken [?] taken the Circuit Court of the County, by petition stating all the facts, and particularly setting forth the [land?] and premises, the necessity of such land for making such Rail-Road, and the attempt and failure to purchase the same, with the name and residence of the owner, and the reasons, why the purchase cannot be made; where the question shall arise as to the materials, to construct the Road; or damage done by passing through lands in collecting the same, there shall be no appeal to the Circuit Court; but in case the parties, or either of them shall be dissatisfied, and it shall appear to the Justice of the Peace to be right, he may set aside the first valuation, and appoint other viewers or Commissioners to appraise and value the materials, whose [award?] shall be final; and the Cost be divided as may appear right and just between the parties, or all against one party;

Sec 6. If any person or persons shall wilfully do or cause to be done any Act or Acts whatever, whereby any buildings, construction[,] or work of the said corporation

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on any engine, machine[,] or [structuring?] or any matter or thing appertaining to the same shall ^be^ stopped, obstructed[,] impaired, weakened, injured[,] or destroyed, the person or persons so offending shall be deemed guilty of a misdemeanor, and shall forfeit and pay to the said Corporation treble the amount of damages sustained by means of such offence or injury to be recovered in the name of the said Corporation, with Costs of suit, by action of Debt, and shall be subject to indictment and punishment for high crimes and misdemenors as [in?] other cases.

Sec. 7 Whenever it shall be necessary for the single or double Rail-Road or way to intersect or cross any stream of water, or water courses, or way any Road or highway being betwixt the place of beginning and termination of the said Road. (Viz) from Chicago to the west banks of the Des Plains River, it shall be lawful, for the said Corporation to construct their single or double Rail Road or ways across or upon the same, but the said Corporation shall restore the stream or water course, or Road or Highway, thus intersected, to it’s former States, or in a sufficient manner not to have [impaired?] it’s usefulness, and shall moreover erect and maintain sufficient fences upon the sides of the Rout of the said Rail Road or track, wherever it passes through enclosed lands.

Sec 8. It shall be lawful for any Rail Road Company which may hereafter be incorporated, to join and unite with the Rail-Road Company hereby created and incorporated at any point at which the Directors of said Company hereafter to be incorporated may think advisable on such terms, as the Directors of the Company respectively may agree upon and in case of a disagreement between the Directors of the said Company thereupon, such sums as the Circuit Court of Cook County in this State shall upon full view of the premises and facts connected with the case determine to be equitable and just between said Companies.

Sec 9 The said Corporation shall have the [?] to bring suit in any Court in the State having [Jurisdiction?] of the Case, and prosecute to Judgement and [recovery?] and defence when sued both at Law and in Equity [and?] shall be entitled to all the rights and priveleges which such Corporation, by the common or Statute laws, [governing?] the case ought and should of right have, and in like and in like manner the Company may be sued in any Court in the State, which according to the Rules of law and Equity, can take cognizance of the Case; the whole of the Stock of the Company and Corporation shall be deemed personal property, and together with all the tools[,] implements, machinery[,] and apparatus of every description, used and employed, or on hand belonging to the Company, shall be liable to be seized, [executed?] and sold, after Judgment, to make good any Contract, agreement, or stipulation made by a [?]intendant or authorised person; an[?]ufficient service of process, to serve the sam[?] any and in case of absence to leave a Copy [?] of thereof.

Sec 10. The Corporation aforesaid [?]tal stock of said Company [?] be of no greater amount, th[?]all be necessary for the ac[?]ishment of the object of this act of incorporation, and as shall for that purpose, be by the Directors thereof so adjudged, and shall be divided into Shares of fifty dollars Each, provided the whole amount thereof Shall never Exceed three hundred thousand dollars, and the said Shares Shall

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be subject to assesments, & payments of instalments from time to time as may be deemed necessary under Such conditions as the Directors Shall prescribe.

Sec 11. The Corporation aforesaid shall have power to make all necessary regulations and by Laws requisite for the organization of the company, the modes of proceeding c[?] and transacting its bus[?]te conduct of its officers [?] and to require securities [?]ful performance of th[?]ut[?] provided the same [?] be contrary to the consti[?] Laws of this state of the [?]uty.