Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That Thomas T. January, Matthew Stacy, Newton Forsythe, Alexander Brother, Porter Clay, A. H. Buckner, J. P. Wilkinson, Joseph Duncan, and Ira Davenport, and all such persons as shall become stockholders, agreeably to the provisions of this act, shall be, and they are hereby constituted a body corporate, by the name of “The Jacksonville and Meredocia Railroad Company,” and shall continue for the term of fifty years from and after the passage of this act.

Sec. 2. The corporation shall have the right and power to construct, and during its existance, to maintain and continue a single or double railroad or way, or a single or double trackway, with such appendages and appurtenances as may be necessary for the convenient use of the same, from Jacksonville, in the county of Morgan, and running thence to such point in the town of Meredocia, on the Illinois river, as the directors of said company shall direct, to transport, take, and carry persons and property on the same, by the power and force of steam, of animals, or any mechanical or other power, or by a combination of them, as said company shall choose to employ, and by their name aforesaid, they are vested with the right and privilege of erecting, building and making a single or double railroad or way, or single or double trackway, for the purpose afore-

---

said, and the right of using the same, in the manner hereinafter provided, for and during the term of fifty years.

Sec. 3. If the said corporation hereby created, shall not, within four years from the passage of this act, commence the construction of said road or way, and expend at least the sum of ten thousand dollars thereon, and shall not, within eight years from the passage of this act, construct, finish and put in operation the said single or double railroad, or way, or trackway, then the said corporation shall forever cease, and this act shall be null and void.

Sec. 4. The capital stock of said corporation hereby created, shall be one hundred thousand dollars, with liberty for said company, if they shall deem it necessary, to increase the same to two hundred thousand dollars, which shall be divided into shares of fifty dollars each, and which shall be transferable in such manner as said corporation may direct, and the same shall be deemed personal property.2

Sec. 5. Thomas T. January, Matthew Stacy, Aylett H. Buckner, Alexander Brother, P. Clay, Newton Forsythe, Joseph Duncan, Ira Davenport, and John P. Wilkinson, shall be commissioners; the duty of whom, or a majority of whom, it shall be, within one year from the passage of this act, at the towns of Jacksonville and Meredocia, to open books and receive subscriptions to the capital stock of said corporation, and twenty days public notice of the time and place of opening such books, shall be previously given in the newspaper printed in Jacksonville; and the said commissioners shall, at the time of subscription, by any person or persons, for the capital stock of said corporation, require the payment, to them, by the person or persons subscribing, of five dollars towards and upon every share of fifty dollars so subscribed, and unless the same shall be paid, the subscription shall be invalid. And in case a greater amount of capital stock shall be subscribed for than one hundred thousand dollars, the said commissioners may either retain the subscriptions as an enlargement of the capital stock, (provided said subscriptions do not exceed two hundred thousand dollars,) or shall distribute the stock in such manner as a majority of them shall deem most advantageous to the interests of said corporation. But in case the capital stock shall not be subscribed for, then the said commissioners shall be authorized to re-open said books for the subscription of stock, at such times and places, and in such manner, and after such notice as they or a majority of them shall direct.

Sec. 6. Whenever said capital stock shall have been subscribed, and distribution made thereof, as aforesaid, or as soon as twenty-five thousand dollars of said stock shall be

---

taken, it shall be the duty of said commissioners to give twenty days public notice in some newspaper printed in Jacksonville, for a meeting of the stockholders of said company to meet in Jacksonville to choose nine directors, and such election shall then and there be made by such of the stockholders as shall attend, either in person or by lawful proxy; each share of the capital stock, owned ten days previous to the day on which any election for directors shall take place, shall entitle the owner and holder to one vote, either personally or by proxy; said commissioners shall be inspectors of the first election of directors of said company, and shall certify, under their hands, the names of those duly elected, and deliver over the subscription money, books, and papers, to said directors; and the time of holding the first meeting of the directors shall be fixed by the said commissioners.

Sec. 7. The said directors shall cause such examinations and surveys, for the said railroad or trackway, to be made as may be necessary to the selection, by them, of the most advantageous line, course or way, for the said railroad or trackway, on the route set forth in the second section of this act, and shall, after such examinations and surveys shall be made, select, and by certificates, under their hands and seals, designate the line, course or way, which they or a majority of them, shall deem most suitable and advantageous for said railroad or trackway; one report, survey, courses and distances, with a certificate of the directors annexed thereto, shall be filed in the office of the recorder of Morgan county, and by him recorded and preserved, which line, course or way, so selected, certified, filed and recorded, shall be deemed the line, course or way, on which the corporation shall construct, erect, build, or make the railroad or trackway above described.

Sec. 8. The first directors to be chosen, shall hold their offices until the first Monday in June in the year next succeeding their election, and until others shall be chosen, and every election of directors thereafter, shall be held annually at Jacksonville, on the first Monday of June in each and every year, notice of the same being first given twenty days previous thereto, in a public newspaper printed in Jacksonville. Every election shall be held under the inspection of three stockholders, not being directors, who shall be previously appointed by the board of directors. All elections shall be held by ballot, and a plurality of votes given, shall constitute a choice. No stockholder shall be eligible to the office of director, unless he shall own stock to the amount of at least one hundred dollars. In case an equal number of votes should be given for any two or more,

---

for directors, the remainder of the directors shall, by ballot, determine who shall be entitled to a seat at the board.

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 dissolved; but such election may be held at any other time, directed by the by-laws of the corporation, within sixty days after the day on which it should have been held; and the directors shall continue to act until a new board is elected.

Sec. 10. The corporation is hereby empowered to purchase, receive, and hold such real estate as may be necessary and convenient for the accomplishing the objects for which this act of incorporation is granted, and may, by their agents, surveyors and engineers, enter upon and take possession of, and use all such lands and real estate and materials as may be indispensable for the construction and maintenance of their railroad or trackway, and the accommodations and appurtenances required and appertaining thereto; and may, also, receive, hold, and take all such voluntary grants and donations of land and real estate and materials, for the purposes of said road, as shall be made to the said corporation, by the General or State Government, or by any corporation, company, individual or individuals, to aid in the construction, maintenance, and accommodation of the said railroad, or trackway, completely vesting in said company and corporation, absolutely in fee simple, the same; but all lands and 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 thereof, at a price to be agreed on, mutually, by the company, and the owner or owners. In case of a disagreement as to price, and before the taking any materials, or making any part of said road on said land in controversy, it shall be lawful for the commissioner, superintendent, or other authorized person or persons of said company, to apply to some justice of the peace of the county of Morgan, who shall cause five freeholders to be summoned, who, after being sworn faithfully and impartially to examine the materials or ground to be pointed out to them by the commissioner, superintendent, or other authorized person or persons; and reasonable 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 land will derive from the construction of such road, and make a report, signed by at least a majority of them, one of which they shall deliver to the commissioner, superintendent, or other authorized

---

person or persons, requiring said view and assessment, and the other to the justice of the peace, and the amount of damages and costs being paid to the owner or owners, which shall have been assessed, or deposited with the justice of the peace, the road may be constructed, located, and materials taken. If either party shall be dissatisfied with the valuation, where lands are in question, an appeal may be taken in twenty days to the circuit court of Morgan county, by petition, setting forth the facts of the case, describing the land and premises, and the necessity of such land for making said railroad or trackway, and the attempt and failure to purchase the same, with the name and residence of the owner of the same, and the reasons why the purchase cannot be made; and the circuit court aforesaid, acting and sitting as a court of chancery, shall direct such notice to the owner and parties as shall be deemed reasonable, of the time of hearing the parties, (provided, that in case the appellee shall have had seven days previous notice of the taking of the appeal, no further notice shall be necessary, but said court shall proceed to hear and determine said case as speedily as practicable,) and upon proof of the service of notice of the appeal, and upon hearing the testimony of the parties, (which may be taken orally or by deposition,) it shall make such order and decree in the premises as to it may seem proper and equitable, and may either increase or diminish the amount of damages assessed, or reject said petition altogether; and shall also make such order for the payment of costs as may be just and proper. It shall also order a conveyance of the land in controversy, to be made when the decree shall be complied with on the part of the corporation. Whenever said order and decree shall be fully complied with on the part and behalf of said corporation, it shall be possessed of the land in controversy, and may enter upon and take possession of, and use the same for the purposes of said road; where a difficulty shall arise as to the value of materials which may be needed to construct said work, or the amount of damages done to land by the agents of the company passing through said land in collecting materials aforesaid, 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, that it is right and necessary to justice, he may set aside the first valuation, (provided, the same shall be done in three days after said valuation,) and appoint five other commissioners to appraise and value the materials or damages last aforesaid, whose award in the premises shall be final, and who shall apportion the costs as may appear just on one or both of the parties.

Sec. 11. In case any married woman, infant, idiot, or in-

---

sane person, or non-resident of the State, who shall not appear after such notice, shall be interested in any such land or real estate, the circuit court, or justice of the peace, shall appoint some competent and suitable person to appear before said commissioners, or said circuit court, and act for and in behalf of such married woman, infant, insane person, idiot, or non-resident of the State.3

Sec. 12. The said corporation is hereby authorized and empowered to regulate the time and manner in which goods, passengers, and property shall be transported, taken and carried on said railroad or trackway, and shall have power to erect and maintain toll houses and other buildings necessary for the accommodation of their concerns, and from time to time, fix, regulate, demand and receive the tolls and charges by them to be received for transportation of persons or property, on said single or double railroad or way, or said single or double trackway.

Sec. 13. Five directors of the said corporation shall form a board, and they, or a majority of them, shall be competent to transact all the business of the said corporation, and they shall have full force and power to make and prescribe all such rules, by-laws, and regulations as to them shall appear needful and proper, touching the management and disposition of the stock, property, and estate of the said corporation, the transfer of shares, and touching the dutis and conduct of their officers and agents, and election of directors, and all other matters whatsoever, which may appertain to the concerns of said corporation. It shall also be lawful for said directors to require payment of the sums to be subscribed to the capital stock, at such times and in such proportions, and on such conditions as they shall deem fit and right, under the penalty of the forfeiture of all previous payments thereon, and shall give notice of the payments thus required, and of the place and time, when and where the same are to be paid, at least twenty days previous to the payment of the same, in some public newspaper printed in Jacksonville.

Sec. 14. If any person or persons shall willfully do, or cause to be done, any act or acts whatsoever, whereby any building, construction, or work of the said corporation, or any engine, machine or structure, or any matter or thing pertaining to the same, shall be stopped, obstructed, impaired, weakened, injured or destroyed, the person, or persons so offending, 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 said corporation, with costs of suit, by action of debt; and shall likewise be subject to be indicted for injuries and offences

---

against the property of said corporation, as for injuries or offences done to the property of individuals.

Sec. 15. Whenever it shall be necessary for the construction of the railroad or trackway to intersect or cross any stream of water, or water courses, or any road or highway, betwixt the places mentioned in the second section of this act, it shall be lawful for the corporation to construct said railroad or trackway across or upon the same; but 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 impair its usefulness.

Sec. 16. It shall be lawful for any railroad company which may hereafter be incorporated, to join and unite with the railroad or trackway hereby created and incorporated, at any point at which the directors of the company, hereafter to be created and incorporated, may think advisable, on such terms as the directors of the two companies may respectively agree upon; and in case of a disagreement between the directors of said companies, then upon such terms as the circuit court of Morgan county, shall, upon a full view and hearing of all the facts connected with the case, determine to be equitable and just between said companies.

Sec. 17. The corporation hereby created under the name of “The Jacksonville and Meredocia Railroad Company,” shall have the right to sue in any court of law or equity in this State having jurisdiction of the case, and prosecute the same to judgment and recovery, and defend when sued, plead and be impleaded, both at law and in chancery, and shall be entitled to all the privileges and rights which such a corporation, by the common or statute laws governing the case, ought and should of right have, and may have a common seal, which they may alter and change at their pleasure. The whole of the stock of the corporation shall be deemed personal property, and, together with all tools, implements, machinery, and apparatus of every description, used and employed, or on hand and belonging to said company, shall be liable to be seized, executed and sold, after judgment or decree, to make good any contract, agreement, or stipulation made by any agent, superintendent, or other authorized person or persons of said company, and it shall be a sufficient service of process, or notice, in all cases, to leave a copy of the same with the president of the board of directors, or the secretary of the company, or in case of his absence from the county of Morgan, to leave a copy of the same at the office thereof.

Sec. 18. It shall be lawful for said company, at any time, when, to them it shall seem proper, to construct, erect, and

---

maintain a lateral railroad or trackway, to such point in the town of Naples, as said directors shall select, and in the erection, construction, maintenance, and management of which, they shall be subject to the same restrictions, and use and enjoy the same privileges as are provided for in the foregoing sections of this act.

Approved, Feb. 5, 1835.