Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all persons who shall become stockholders pursuant to this act, are hereby constituted a body corporate and politic, by the name of the White Hall and Albany turnpike road company, for the term of fifty years.

Sec. 2. The capital stock of said company shall be thirty thousand dollars, which shall be divided into shares of one hundred dollars each, and Rescarick Ayres, Dennis Hoagland, Sherman Goss, and Henry M. Blanchard shall be commissioners to open books and receive subscriptions for said stock.

Sec. 3. The said corporation may construct a turnpike road and all necessary bridges on the most eligible route from the town of White Hall in the county of Greene, to the town of Albany on the Illinois river in said county.

Sec. 4. Any stockholder or director of said corporation may, with the consent of the directors, become interested in any contract necessary for the construction and completion of said turnpike road, and the works connected therewith.

Sec. 5. When the said turnpike road shall be completed, the said corporation shall be authorised to erect one full toll gate or two half toll gates for every ten miles, and to receive at such full toll gate or half toll gate, the following tolls, to wit: for every chariot, coach, and coachee,2 Pheaton, or other pleasure carriage, drawn by two horses or other beasts, twenty-five cents, and for each additional horse or other beast, six and one fourth cents, for every chair, sulky, or other pleasure carriage drawn by one horse or other beast, eighteen and three fourth cents, and for every additional horse or other beast, six and one fourth cents, for every stage, hack, post coach, or stage wagon, drawn by two horses or other beast, eighteen and

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three fourth cents, and for each additional horse or other beast, six and one fourth cents, for every sleigh or sled drawn by two horses or other beasts, twelve and a half cents, and for every additional horse or beast, six and one fourth cents, for every sleigh or sled, drawn by one horse or other beast, twelve and one half cents, and for every additional horse or other beast, cents, for every horse and rider, twelve and one half cents, for every score of cattle, horses, or mules, sixty cents, for every score of sheep or hogs, twenty cents, and so in proportion for greater or less number of cattle, horses, mules, sheep, and hogs, for every wagon drawn by two oxen or horses, twenty-five cents, and for every additional two oxen, six and one fourth cents, one half of the above amount of tolls to be collected at half toll gate, and the full amount at every full toll gate.

Sec. 6. The said commissioners shall at some suitable place in the said county of Greene, open books to receive subscription to the capital stock of said corporation, and said commissioners shall give twenty days notice by posting up written or printed notices in four of the most public places in the said county of Greene, of the time and place of opening such books of subscription, and the said commissioners shall require the sum of ten dollars to be paid upon every one hundred dollars of the capital stock subscribed for at the time the said subscription shall be made, and in case of neglect or refusal on the part of any subscriber or subscribers to pay the sum so required, their subscription shall be invalid, and so soon as fifteen thousand dollars of the capital stock shall have been subscribed the said commissioners shall give notice in the same manner as is herein provided, in case of opening the books of subscription, for a meeting of the stockholders to choose five directors, and such election shall be made at the time and place appointed by such of the stockholders as shall attend for that purpose, either in person or by lawful proxy, each share of the capital stock entitling each stockholder to one vote, and the said commissioners shall be the inspectors of the first election of directors of the said corporation, and shall certify, under their hands and seals, the names of those duly elected, and deliver over the subscription books and all subscription monies, and the time of holding the first meeting of the directors shall be fixed by the said commissioners.

Sec. 7. It shall be lawful for the said directors to require payment of the sums subscribed to the capital stock, at such times and in such sums, and on such conditions, as they or a majority of them shall deem fit, under the penalty of the forfeiture of all previous payments thereon,

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and shall give notice of the payments thus required and of the place where, and the time when the same are to be paid, at least twenty days previous to the payment of the same, by posting up notices in writing to that effect, in four of the most public places in said county of Greene.

Sec. 8. That in case it should at any time happen that an election of directors shall not be made at any time when in pursuance of this act it ought to have been made, the said corporation shall not, for that cause, be deemed to be dissolved, but the said election may be held at any other time, directed by the by-laws of said corporation.

Sec. 9. That five directors of said corporation, shall form a board, and that a majority of three shall be competent to transact the business of the said corporation and they shall have full power to make and prescribe such by-laws, rules, and regulations as to them shall appear necessary and proper touching the management and disposition of the stock, property, estate and effects of said corporation, the transfer of shares and touching the duties and conduct of their officers and servants, and the electing of directors, and all other matters whatsoever, which may appertain to the concerns of said corporation.

Sec. 10. That the said corporation be and they are hereby authorised by their agents, surveyors and engineers to cause such examination and surveys to be made upon the route and site of said turnpike 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 may be indispensible for the construction and maintainance of said road, and the accomodations requisite and appertaining thereto, and may also hold and take all such voluntary grants and donations of land and real estate as shall be made to the said corporation, to aid in the construction, maintenance, and accommodation of their said road, Provided, That all land or real estate thus entered upon and taken possession of, and used by said corporation, and which are not donations, shall be purchased 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, it shall be the duty of the county commissioners court of Greene county to appoint commissioners, disinterested freeholders of said county of Greene, to determine the damages which the owner or owners of the land so entered upon by said corporation, has or have sustained by the occupation of the same, and upon the payment of such damages together with the costs and charges attending the appointment by the said corporation, then the said corporation shall be deemed to be seized and possessed of the fee simple of all such lands or real estate

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as shall have been appraised by the said commissioners, and it shall be the duty of said commissioners or a majority of them, to deliver to said corporation a written statement of the appraisement by them made, with a description of the land appraised, to be recorded in the recorder’s office of said county of Greene.

Sec. 11. That if any person or persons shall wilfully do or cause to be done, any act or acts whatsoever, where by any building or buildings, construction, or works of said corporation, shall be impaired, weakened or destroyed, the person or persons so offending shall forfeit and pay to said corporation double the amount of damages sustained by means of such offence or injury, to be recovered in the name of such corporation with costs of suit by action of debt, to be brought in any court in the county where such offender lives, or in the county where the injury was committed or done.

Sec. 12. This act to take effect from and after its passage.

Approved January 31, 1837.