Sec[Section] 1. Be it enacted by the people of the state of Illinois represented in the general assembly That John Manchester Horatio N Maning Miran Leslie Bezaleel Gillett and Charles Collins and their associates successors and assigns, are hereby created a body corporate and politic under the name and style of the Jacksonville and Naples Rail road company ^for the term of fifty years^ and by that name may be and hereby are made capable in law and equity to sue and be sued plead and be impleaded defend and be defended in any court or courts of record or in any other place; to make have and use a common seal and the same to renew and alter at pleasure; and shall be and are hereby vested with all the powers privileges and immunities which are or may be necessary to carry into affect the purposes & objects of this act as hereinafter set forthAnd the said company are hereby authorised and empowered to locate construct and finally complete a railroad from the Town of Naples up Wolf run (so called, to the Town of Jacksonville in Morgan county, upon the most illegable and proper route. And for this purpose said company are authorised to lay out ^their said^ a road wide enough for a single or double
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tract through the whole length and for the purpose of cutting embankments, stone and gravel may take as much more ^land^ as may be necessary for the proper construction and security of said rail road Provided: all damages that may be occasioned to any person or corporation by taking of such lands or materials for the purposes aforesaid shall be paid for by the company in the maner hereinafter provided.
Sec 2 The capital stock of said company shall consist of two hundred thousand dollars to be divided into shares of one hundred dollars eachThe imediate government and discretion of said company shall be vested in five directors who shall be chosen by the stockholders of said company in the maner hereinafter provided who shall hold their offices for one year after their election and until others shall be duly elected and qualified to take their places as directors. And the said directors, a majority of whom shall form a quorum for the transaction of business shall elect one of their own number to be president of the Board who shall be[...?] also be president of the company

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Sec 3: The said corporation is hereby authorised by their agents surveyors and engineers to cause such examinations and surveys to be made of the ground and country between the said town of Naples and the said Town of Jacksonville as shall be necessary to determine the most advantageous route for the proper line or course whereon to construct their said rail road and it shall be lawful for the said corporation to enter upon and take possession of and use all such lands and real estate as maybe necessary for the construction and maintainance of their said railroad and the accommodations requisite and appertaining to the same and may also hold and dispose of all such lands as they may purchase or receive in any maner ^for the necessary purposes of said road^ provided that all lands or real estate entered ^upon^ and taken possession ^of^ and used by said corporation for the purposes and accomodations of the said railroad or upon which the site for the said rail road shall have been located or determined by the said corporation shall be paid for by the said corporation in damages as if any be sustained by the owner or owners thereof by the use of the same for the purposes of said rail road which damage shall
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be ascertained in the same maner that damages are now ascertained in the case of public roads runing through the lands of individuals some one of the directors acting in the stead of the supervisor in the general road law.
Sec 4. If any person shall wilfully maliciously or wantonly and contrary to law, obstruct the passage of any car on said rail road or any part thereof or any thing belonging thereto or shall damage break or destroy any part of the said rail road or implements or buildings he she or they or any persons assisting shall forfeit and pay to said company for every such offence shall forfeit and pay treble the amount of damages that shall be proved before any court competent to try the same to be sued for in the name and behalf of said company, and such ^offender or^ offenders shall be deemed guilty of a misdemeanor and shall be liable to an indictment in the same maner as other indictments are found in any county or counties where such offence shall have been committed and upon conviction every such offender shall be liable to a fine not exceeding five thousand dollars for the use of such county where such indictment may be found
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Sec 5. The time of holding the annual meetings of said company for the election of directors shall be fixed and determined by the by-laws of said company and at all meetings each stockholder shall be entitled to vote in person or by lawful proxy one vote for each share he she or they may hold bona fide in said stock.
Sec 6. Bezaleel Gillett John Manchester Charles Collins and Miran Leslie are hereby appointed commissioners to open subscription books for the stock of said company and said commissioners or a majority of them are hereby authorised to open subscription books for said stock at such places as they may deem proper and shall give at least thirty days notice of the time and place where and when and where such books will be opened in some newspaper printed in the Town of Jacksonville and shall keep said books open at least five days unless the whole amount of capital stock shall be subscribed sooner than said five days and they shall require each subscriber to pay ten dollars on each share subscribed at the time of subscribing and at the expiration of five days or sooner if said capital stock shall be subscribed the said Commissioners shall call a meeting of the stockholders by giving then days notice
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in some newspaper printed in the said County of MorganAnd at such meeting it shall be lawful to elect the directors of said company and when the directors of said company are chosen the said commissioners shall deliver said subscription books together with all sums of money received by them as such commissioners to said directors, Provided that no person shall be a director unless he shall own at least five shares of the capital stock
Sec 6. Said corporation is hereby authorised to borrow any sum of money not exceeding their capital stock (and to draw and accept Bills of exchange drafts and checks ) and to make all such contracts as said corporation may deem necessary to carry into effect the powers and privileges hereby granted, provided that they shall ^not^ [...?] any drafts or checks ^or other instruments^ to be used as a circulating medium.
Sec 7. That This said road is hereby declared to be a public work [...?] and the state of Illinois may ship transport carry and convey free from tolls all persons or property that the state may at any time wish to transport and convey upon the same
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Sec 8. That the right of way and the real estate purchased for the right of way by said whether by mutual agreement between the said corporation and the owners or owner of such land or real estate on which shall become the property of said corporation by operation of law as herein ^this act is^ provided shall upon the payment of the amount of money belonging to the owner or owners of such lands as a compensation for the same become the property of said corporation absolutely and in fee simple.
Sec 9: The said corporation is hereby authorised to join any other railroad now or hereafter to be incorporated and put in operation; at such place and upon such terms as may be mutually agreed upon by the said companies or in case of disagreement by the said companies upon such terms and at such places as the Court of Chancery of the district where such connection is desired shall decree upon bill filed or suit instituted for that purpose.
Sec. 10. The legislature reserves to itself the right to purchase the stock of said corporation at any time by paying to said company the value of said rail road fixtures cars and other apparatus necessary for carrying on the business of said
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corporation, and for the purpose of ascertaining the value thereof the legislature may appoint two or more commissioners who shall proceed to ascertain by inspection and the oath of witnesses the actual value of the said road fixtures apparatus and cars as aforesaid
Sec 10 The said Corporation may take and transport ^upon the said rail road ^ any person or persons merchandise or other property by the force and power of steam or animals or any combination of them and may fix establish take and receive such rates of tax for all passengers and property transported upon the same as the said directors shall from time to time establish. And the Directors are hereby authorised and empowered to make all necessary rules by-laws regulations and ordinances that they may deem necessary and expedient to accomplish the designs and purposes and to carry into effect the provisions of this act and for the transfer and assignments of its stock; which is hereby declared personal property and transferable transferable in such manner as shall be provided by the bylaws & ordinances of said corporation.

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Sec 11. If the said Corporation shall not commence the work within one year from the passage of this act and complete the same within five years then this act shall thence forth cease, and be void provided however that that portion of a rail road now completed beginning at said Naples on the route aforesaid shall be taken and deemed to be a commencement of this work within the meaning of this act
sec 12. The said corporation are hereby authorised to make a lateral rail road from the main stem to the town of Exeter in said Morgan County and shall have the same power in relation to said latteral rail road as is hereby given to said company for the construction of the main road.
Sec 13th The Legislature [...?] ^reserves^ the power to alter, amend, or repeal this act whenever the public good shall require it: and in case of such repeal, the said company shall exist for the service of two years for the purpose of winding up and closing its business, but not for the purpose of continuing the same; nor for any other purpose.

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[ docketing ]
No 122
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An act to Construct a Rail Road from Naples to Jacksonville
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[01]/[30]/[1837]
To be Engrossed
clk. H R
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Com. Corporations
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Sel com[Select committee]
Hardin
Shields
O, Neille
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Bezaleel

Handwritten Document, 12 page(s), Folder 8, HB 8, GA Session 10-1, Illinois State Archives (Springfield, IL) ,