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 become stockholders, agreeably to the provisions of this act, in the corporation hereby created, shall be, and for the term of sixty years from and after the passage of this act, shall continue to be a body corporate and politic, by the name of the “Galena and Chicago Union Rail Road Company,” and by that name shall have succession for the term of years above specified; may sue and be sued, complain and defend in any court of law or equity; may make and use a common seal, and alter the same at pleasure; may make bye-laws, rules and regulations for the management of its property, the regulation of its affairs, and for the transfer of its stock, not inconsistent with the existing laws and the constitution of this state, and of the United States; and may moreover appoint such subordinate agents, officers and servants as the business of the said corporation may require, and allow to them a suitable compensation, prescribe their duties, and require bond for the faithful performance thereof, in such penal sums and with such sureties as they may choose, who shall hold their offices during the pleasure of a majority of the directors of the said corporation.

Sec. 2. The said corporation shall have the right to construct, and during its continuance to maintain and continue

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a rail road with a single or double track, and with such appendages as may be deemed necessary for the convenient use of the same, from the town of Galena, in the county of Joe Daviess, to such point at the town of Chicago, as shall be determined, after a survey shall have been made of the route, to be the eligible, proper, direct and convenient therefor.

Sec. 3. The capital stock of the said corporation shall be one hundred thousand dollars, which shall be deemed personal property, and shall be divided into shares of one hundred dollars each. The capital stock of said corporation may at any time hereafter be increased to a sum not exceeding one million of dollars, if the same shall be judged necessary to the completion of the said work, and the same shall be subscribed for and taken under the direction of the directors of the said corporation, whenever they shall direct one or more books to be opened for such purposes, and shall be subscribed and taken in such manner as the directors of the said corporation, for that purpose, shall order and appoint.2

Sec. 4. William Bennett, Thomas Drummond, J. C. Goodhue, Peter Semple, J. M. Turner, E. D. Taylor and J. B. Thomas, jr., shall be commissioners for receiving subscriptions to the capital stock of said corporation, who shall give notice within twelve months after the passage of this act, of the time and place where books will be opened at Galena and Chicago, and such other places as they may deem necessary, in some public newspaper printed at the said places, at least thirty days previous to the opening such books for the receiving subscriptions to the capital stock of said corporation. The majority of the commissioners shall attend at the time and place appointed by such notice for the opening of said books, and shall continue to receive such subscriptions to the capital stock of the said corporation, from all persons who will subscribe thereto, until the whole amount thereof shall have been subscribed, when the said books shall be closed. Each subscriber, at the time of subscribing, shall pay to the commissioners one dollar on each share of the stock subscribed for by him; and the said commissioners shall, as soon as the directors are elected, deliver to them the whole amount so received.

Sec. 5. The affairs of said corporation shall be managed by a board of seven directors, to be annually chosen by the stockholders from among themselves, as soon as may be, after the stock has been subscribed. The commissioners shall give notice of the time and place at which a meeting of the stockholders will be held for the choice of directors, and at such time and place appointed for that purpose, the

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commissioners, or a majority of them shall attend and act as inspectors of said election; and the stockholders present shall proceed to elect their directors by ballot, and the commissioners present shall certify the result of such election under their hands, which certificate shall be recorded in the books of the corporation, and shall be sufficient evidence of the election of the directors therein named. All future elections shall be held at the time and in the manner prescribed by the bye-laws and regulations of the said corporation. Each stockholder shall be allowed as many votes as he owns shares, at the commencement of each election, and a plurality of votes shall determine the choice; but no stockholder shall be allowed to vote at any election after the first, for any stock which shall have been assigned to him within thirty days previous to the day of holding such election.— The said directors shall hold their offices for one year after their election, and shall elect one of their number president of the said board.

Sec. 6. The said corporation is authorised to construct, make and use, a single or double rail road or way, of suitable width and dimensions, to be determined by said corporation, on the line, course or way which may be designated and selected by the directors as the line, course or way, whereon to construct and make the same; and shall have power to regulate the time and manner in which goods, effects and passengers shall be transported, taken and carried on the same; and to prescribe the manner in which the said rail road shall be used, by what force the carriages to be used thereon may be propelled, and the rates of toll on the transportation of persons or property thereon; and shall have power to erect and maintain houses, toll gates, and other buildings for the accommodation and management of the said road, and transport thereon, as may be deemed suitable to their interest. And they may also construct, maintain and use such other lateral routes as may be deemed advantageous, and expedient and necessary, under the same rights and privileges as by this act is prescribed for the constructing of the main route; and it shall be lawful also for the said corporation to unite with any other rail road company already incorporated, or which may be incorporated, upon any part of the route of the said rail road, upon such terms as may be agreed upon by the directors of said companies, and also to construct such other and lateral routes, as may be necessary to connect them with any other route or routes, which may be deemed expedient.

Sec. 7. If at any time after the passage of this act, it shall be deemed advisable by the directors of the said corporation, to make and establish a good permanent turnpike road, up

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on any portion of the route of the rail road, by this act authorised to be constructed, then said directors are hereby authorised and empowered to construct a turnpike on any portion of the said route, of the following dimensions:—not less than one hundred feet wide, twenty-two feet of which shall be based with stone or gravel, or other hard substance, well compacted together, and of sufficient depth to secure a good foundation, where necessary, the whole of which shall be faced with gravel or stone, of a depth not less than six inches, in such manner as to secure a firm and even surface, rising in the middle by a gradual arch; and where other roads may intersect, it shall be so constructed that carriages may conveniently pass over the turnpike road. And the said corporation is hereby authorised to erect, at both ends of said road, and at such other points upon the line thereof, as many gates as shall be deemed necessary thereon.

Sec. 8. It shall be lawful for said corporation to appoint toll gatherers, to collect and receive of and from all persons using said road, the following rates of toll, to wit:—for each and every mile of transport or travel upon said turnpike road, for a man and horse, two cents, or for a single person, one cent; for four or six horse or ox wagon and driver, loaded, three cents, and for the same empty, two cents; for all four horse carriages and driver, five cents; for a two horse wagon, or one yoke of oxen and wagon, three cents; for two horse pleasure carriages, four cents; for a one horse carriage or gig, two cents; for horses, mules or cattle in droves, half a cent per head; for hogs, goats and sheep, one mill per head. When sleds are used instead of wheels, one-half of the above specified tolls. And it shall be lawful for any toll gatherer to stop and detain any person from going on said road, until they shall pay to him the toll properly chargeable to him; and when any person shall pay to the toll gatherer the toll chargeable to him, the toll gatherer shall give to him a ticket, authorising him to pass the whole distance of the road for which he has paid. And the president and directors shall cause to be kept upon each gate, in some conspicuous place, where it may be easily read, a printed list of the tolls which may be lawfully demanded. Said corporation shall cause to be erected mile posts or stones, to be maintained; and also erect guide posts, at the intersection of all highways, leading into or from said turnpike road, on which shall be inscribed the name of the town or public place to which it leads; and if any person shall wilfully cut down such posts, or shall wilfully break or throw down any of the said gates, or turnpike, or shall dig or spoil any of the said road, or any thing thereunto belonging, or shall forcibly pass either of the gates, without first having paid the legal tolls,

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such persons shall pay and forfeit for every such offence and injury, the sum of twenty-five dollars, to be recovered by the said corporation in an action of debt, before any justice of the peace of the county where the offender or offenders may be found; and if any person shall turn out of the said road, and pass any of the gates, and again enter upon such road, to avoid the payment of tolls, he shall forfeit to the corporation the sum of five dollars, to be recovered in like manner.

Sec. 9. If any toll gatherer shall unreasonably delay or hinder any traveler or passenger, or shall demand more toll than by this act is allowed, he shall forfeit and pay to the person injured the sum of five dollars, in the manner provided in the preceding section; and if he shall be unable to pay it, the corporation shall be held responsible therefor.

Sec. 10. As soon as any five miles of the turnpike shall be completed, said corporation may erect gates thereon, and collect the toll allowed by this act. And it shall be the duty of said corporation, when said road shall have been completed, to keep it in good repair; and whenever, from any cause whatever, the same shall become injured, said corporation shall immediately proceed to repair the same.— And it shall be lawful for the said corporation to commence the construction of the said rail road or way, or turnpike, at such points on any part of the aforesaid route or routes, heretofore described, as in its judgment may appear expedient and proper. Said corporation are authorised to borrow any sum of money, which may, in their discretion, be deemed necessary, not exceeding its capital stock, to aid in the construction of the said roads; and if it shall at any time appear to the said corporation that any part thereof, or any surplus funds is not necessary to be retained, the same may be loaned on such terms as the directors of the said corporation may deem proper, not however, at a higher rate of interest than that now allowed by the laws of this state.

Sec. 11. In case the corporation shall not be able to acquire the title to the lands through which the said road shall be laid, by purchase or voluntary cession, it shall be lawful for the said corporation to appropriate so much of said lands as may be necessary for its own use, for the purposes contemplated by this act, on complying with the provisions of the six following sections.

Sec. 12. The directors may present a petition to the judge of the circuit court of the county in which the said land may be situated, setting forth by some proper description, the lands which are wanted for the construction of said rail road, or turnpike, or the appendages thereto, and the names of the owners thereof, if known, distinguishing with conveni-

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ence, if it can be done, the parcels claimed in severalty by the respective owners, and praying for the appointment of appraisers to assess the damages which the owners of such land will severally sustain, by reason of the appropriation thereof, by the said corporation, to its own use.

Sec. 13. On the presentment of said petition, said circuit judge shall appoint a day for the hearing of the parties in interest, and shall direct such notice as he shall deem reasonable, to be given of the time and place of hearing; and in case it shall appear that any of the owners of said lands is a feme covert, an infant, or insane, or otherwise incompetent to take proper care of his or her interest, it shall be the duty of the said judge to appoint some discreet and reputable person, to act in the premises, in his or her behalf.3

Sec. 14. At the time appointed for such hearing, the said judge shall appoint three disinterested persons, freeholders, residents of the county in which said lands may lie, for the purposes of assessing such damages, and in the order in which they were appointed, shall direct and specify what lands are proposed to be appropriated and occupied by the said corporation, for the purposes aforesaid.

Sec. 15. Said appraisers, after being duly sworn before some officer, properly authorised to administer oaths, honestly and impartially to assess such damages, shall proceed, by viewing said lands, and by such other evidence as the parties may produce before them, to ascertain and assess the damages which each individual owner will sustain, by the appropriation of his land for the use or accommodation of such rail road or turnpike, or their appendages.

Sec. 16. The said appraisers shall make a report to the said judge, in writing, under their hands, reciting the order for their appointment, and specifying the several parcels described therein, with all necessary certainty—the names of the owners of the respective parcels, if known, and if not known, stating that fact, and specifying also the damages which the owners of the respective parcels will sustain, by reason of the appropriation of the same, for the purposes aforesaid; and in case either of the parties is dissatisfied with the assessment, the said judge may, on the hearing of the parties, and interest, modify the assessment, as to him shall appear just.

Sec. 17. On the payment of the damages thus assessed, together with the expenses of assessment, as the same shall be settled by said judge; or on depositing the amount thereof, for the use of such owners, in such bank or monied incorporation as the said judge shall direct, the said corporation shall immediately become entitled to the use of the said lands, for the purposes aforesaid; and the report of the

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said appraisers, with the order of said judge, modifying the same, if the same shall have been modified, shall be recorded in the office of the recorder of the county in which said lands shall be situated, in the same manner, and the like effect, as deeds are recorded, without any other proof than the certificate of the said judge, that the report is genuine.

Sec. 18. And when the said order shall have been so recorded as aforesaid, the said corporation shall be seized and possessed of such land or real estate, and may enter upon, and take possession, and use the same for the purposes herein before recited.

Sec. 19. Said corporation shall be bound to repair all public highways, bridges, and water courses, which may be injured in constructing the said rail road or its appendages, and shall restore them, as far as practicable, to as good a condition as they were in before they were injured.

Sec. 20. The said corporation shall be allowed three years from the passage of this act, for the commencement of the construction of the said rail road and turnpike; and in case the same shall not be completed within ten years thereafter, the privileges herein granted shall be forfeited.4

Sec. 21. Any person who shall wilfully injure said road, or any of the appendages thereto, shall be deemed guilty of a misdemeanor, and shall forfeit to the use of the corporation, a sum equal to three times the amount of damages occasioned by such injury, to be recovered, with costs of suit, in the name of such corporation, in an action of debt, before any court having cognizance thereof, or before any justice of the peace in the county where injury or offence may have been committed.

Sec. 22. This act shall be deemed and taken as a public act, and shall be construed beneficially for all purposes herein specified or intended, and all copies thereof printed, by or under the direction of the general assembly of this state, shall be received in all courts and places whatsoever, in said state, as sufficient evidence thereof, without further proof.

Approved, Jan. 16, 1836.