An act to incorporate the Liberty and Pinckneyville Rail Road Company

Sec.[Section] 1. Be it enacted by the people of the State of Illinois repres[ented] in the General Assembly, That Samuel Mausker, John Sternes, Harvey Clendinnen[,] Josiah. B. Denning[,] and Gabriel Jones of Randolph County and James Bradley, Daniel B. Tuttle[,] and William Limerick of Jackson County, and Humphrey B Jones[,] William Edwards, William Murphy[,] and David Baldridge of Perry County And their successors in office duly elected as hereinafter directed are hereby constituted and appointed a body politic and corporate and by the name and style of the “Liberty and Pinckneyville Rail Road Company[”] shall be able and capable in law and equity to sue and be sued[,] plead and be impleaded[,] defend and be defended[,] answer and be answered unto in any Court of Competent jurisdiction to make and[use?] a common seal and the same to alter[,] change[,] or renew at pleasure and shall be able and capable in law to make contracts and enforce the same and to make and enforce the necessary by-laws[,] rules, and regulations to enable them to carry into effect the provisions of this act and the objects contemplated by the same not inconsistent with the laws and constitution of this state and of the United States.

Sec 2. The Capital Stock of said Corporation shall be Dollars divided into shares of Dollars each

Sec 3. the above named persons or a majority of them may meet at such time and place as they may agree on and organize said Corporation by electing one of their own body to be president. and after such organization any three of the board shall form a quorum, but after an election for directors it shall require five to form a quorum

[Sec?] 4 The corporation shall have power to appoint agents[,] clerks[,] treasurers[,] surveyors[,] engineers[,] superintendents[,]1 artists[,] and all other officers and persons necessary to carry into effect the objects of this act they shall keep a journal of their proceedings in which shall be entered all by laws[,] rules[,] regulations and all other orders for the payment of such allowances as may be made to their officers and all others in their employ which journal shall from [?] be read by the board and if found correct shall be signed by the president, when the president is absent they may appoint a president pro tempore They shall fill all vacancies that may happen to their own body

Sec 5 The Corporation shall cause books to be opened for subscription to the Capital Stock at such time and place or places as they may choose Due notice of which shall be given In each of which books the following entry shall be made “We the undersigned promise to pay the sum of Dollars for each share of Stock set opposite our names in such manner and proportions and at such time and place as the president and directors of the said Rail Road Company may direct witness our hands this day of A.D. 183

[Sec?] 6 It shall be lawful for all persons of lawful age for the agent of any corporate body for the agent of any state on behalf of the same to subscribe for any amount of Capital Stock [and the books?] shall be kept open for such space of time and at such place or places as the Corporation shall choose and they shall have power on their own credit to borrow money on such terms as may be agreed on by the parties the corporation may require such sum of money to be paid at the time of subscribing not exceeding five dollars on each share as they may think proper, which requisition shall be equal on all and made known in the notice for opening the books

Sec 7 As soon as [?] are subscribed [?] five Dollars paid on each share it shall be the duty of the Corporation to give two weeks notice thereof in one of the nearest papers printed in this State and in such notice appoint a time and place for the Stock holders to meet and elect [...?] ^seven^ directors who shall be stock holders and citizens of this state, which election shall be conducted by [?] appointed by the Stock holders present And the persons having a plurality of votes given and counted in public shall be declared duly elected. In all elections each stock holder shall be entitled to a vote for each share not exceeding [?]And for every five shares above ten and not exceeding and votes may be given by the persons owning the same or by one of any partners or by the husband[,] father[,] mother[,] administrator[,] or executor[,] trustee[,] or guardian or by any authorized agent of any corporation or state and any person having a right to vote may vote by proxy.

Sec 8. It shall be the duty of the directors elected as above to to meet as soon thereafter as they conveniently can and elect one of their own body president and the president and directors thus elected shall continue in office until the next annual election and until their successors are appointed and organized

Sec 9. All elections after the first shall be held on the first Monday of October annually under the direction of any three stockholders to be appointed by the Stock holders present, provided that if from any cause whatever there should be no election held on the day appointed by this act, or by the directors for the first election it shall be law ful to hold the election on another day

Sec 10. Certificates of stock shall be given to the stock holders which shall be evidence of the stock held. They shall be signed by the president and countersigned by the clerk The stock shall be transferable on the books of the Corporation only, personally or by an agent or attorney or by the trustee[,] executor[,] or guardian but such stock

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shall at all times be holden by the corporation for any dues from the holders thereof to the Corporation or for any sum that may thereafter become due on a contract made prior to such transfer

[Sec?] 11. The Corporation shall have power to call for such proportions of the stock subscribed not exceeding twenty five per cent of the amount of Stock every six months as they may think proper to be paid at such time and place as they may designate, by giving twenty day previous notice in some newspaper printed in the state or by giving written notice to stock holders. In all such notices the amount on each share demandedAnd the time and place of payment shall be set forth and if any stockholder shall neglect or refuse to pay such requisition, within ten days after the time mentioned for such payment the Corporation may bring suit against such delinquent for the amount due in any court of competent jurisdiction and recover the amount with two per cent per cent per [annum?] interest thereon for such [?] and if the amount cannot be made on execution or if such delinquent is out of the state then the corporation may three months thereafter by an order on their books declare such stock forfeited to the corporation with whatever amount may have been paid upon it thereon and the same shall thereby be absolutely forfeited to the corporation.

[Sec?] 12 The Corporation shall require of all [...?] officers [?] bonds with security to [?] with such penalties as they may think proper for the faithful performance of their respective duties

Sec 13. The Corporation by their agents shall have full power from time to time to examine[,] survey[,] make[,] and locate the route for a Rail Road for a single or double track conveyance at Liberty in the County of Randolph and running on the best ground for the interest of the Company and convenience of the public by Pinckneyville in Perry county the nearest and most convenient point of [junction?] [?]

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the Central Rail Road with full power in all cases to diverge from a direct line where more favourable ground can be had for the construction of the said Road.

Sec 142. It shall be lawful for the corporation either before or after the location of any section of the road to obtain from the person or persons through whose land the same may pass a relinquishment of so much land of said land as may be necessary for the construction and location of the road as [also?] the stone[,] gravel[,] timber[,] or other materials that may be obtained on said route and may contract for stone[,] gravel[,] timber[,] and other materials that may be obtained from any other land near thereto and it shall be lawful for said corporation to receive by donations[,] gifts[,] grants[,] or bequests[,] land[,] money[,] labour[,] property[,] stone[,] gravel[,] wood[,] or other materials for the benefit of said corporation. and all such contracts[,] relinquishments[,] donations[,] gifts[,] grants[,] and bequest, made and entered into in writing by any person or persons capable in law to contract and any contract made in consideration of such location and for the benefit of the corporation shall be binding and obligatory. and the [said?] corporation may have their action at law in any court of competent jurisdiction to compel the observance of the same provided [that] all such contracts[,] relinquishments[,] donations[,] gifts[,] grants[,] and bequests shall be fully and plainly made in writing and signed by the party making the same

Sec 153. That in all cases where any person through whose land the road may run shall refuse to relinquish the same or when a contract between the parties cannot be made it shall be lawful for the corporation to give notice to some justice of the peace in the County4 where the difficulties occur that such facts do exist and such justice shall therefore summon the owner of said land to appear before him on a particular day within ten days thereafter and [?] appoint twelve disinterested persons of the neighbourhood who shall after taking an oath faithfully and impartially to assess the damages and shall file a report

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thereof with such justice, whereupon said justice shall enter judgment thereon unless for good cause shown, and in ca[se] either party should show sufficient cause why judgment should not be entered the justice may grant a review of the premises either with or without costs provided that either party may appeal to the circuit court of the proper county as in other cases and such court shall appoint reviewers as above [?] at that [?] succeeding term [?] of the court and the judgment of the court shall be final. and the corporation shall thereupon pay the amount of said judgment to the owner or owners or to the guardian or guardians of such owner or owners if they are infants whose property [...?] shall belong to [...?] corporation ^or into the county treasury for the use of such owner or own^ ers if they are unknown

[Sec?] 16. That when said corporation shall have procured the right of way as herein before provided for they shall be seized in [?] of the right of said to said land and shall have [?] of the [?] no person[,] body corporate[,] or politic shall in any way interfere therewith[,] molest[,] ^or^ disturb [...?] any of the rights and privileges hereby granted or that would be calculated to detract from or affect the profits of said corporation.

Sec 17. The corporation shall commence the construction of said road any time within five years and from time to time construct so much towards the point of destination as may be within the ability and to the interest of the company and shall complete it within fifteen ^ten^ years from its commencement

Sec 185 It shall be the duty of said Corporation whenever any state or county road now established shall cross or may hereafter cross the rail Road to make and keep in repair good and sufficient causeways so that the free use of said road shall not be obstructed and in all cases where any persons shall own lands on both sides of said Rail Road and there shall not be any causeway for a public road leading from one tract to the [other] the [owner]

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of such land shall have the right free of any charge to cross the same and to make such causeways as may be necessary for the convenience of such owner provided that such owner of land shall not injure or obstruct said road.

Sec 196 It shall be lawful for said Corporation to place on or prescribe the kind of carriages that may be used on said road whether propelled by steam or other power for the transportation of passengers for all kinds of produce[,] lumber[,] goods[,] wares[,] or merchandize or any other kind of property and the corporation may charge and receive such tolls and freights for the transportation of persons[,] commodities[,] and carriages on said Road or any part thereof or bridges connected therewith as shall be for the interest of the company and the same to change[,] lower[,] or raise at pleasure provided that the rates established from time to time shall be posted up in some conspicuous place or places on said road. provided also that if at the expiration of ten years from & after the completion of said Road the nett income or receipts from tolls taking the ten years aforesaid as a basis of calculation shall have amounted to more than twelve per-centum per annum upon the cost of the road the legislature may take measures to alter and reduce the rate of tolls in such manner as to take off the overplus for the next ten years calculating the amount of transportation on the road to be the same as the ten preceding years out the expiration of every ten years thereafter the same proceedings may be had.

sec 20. Annual dividends of as much of the profits as the corporation may deem expedient shall be made on the first Mondays of January annually, unless the directors fix on a different day, and paid to the stockholders as soon thereafter as can with convenience be done but no dividend shall be made to a greater extent amount than the nett profits after deducting all expenses, and the directors may reserve such proportion of the profits as a contingent fund to meet subsequent expenditures as they shall deem proper

[?] 1. that if any person or persons shall wilfully and knowingly injure or obstruct said Road or any part thereof or shall brak[,] destroy[,] or deface any work[,] edifice[,] device[,] toll[,] or warehouse belonging thereto such person or persons so offending shall pay to the corporation five times the amount of damages actually done with cost of suit to be recovered by the corporation before any court having competent jurisdiction[?] all actions [?] by the [?] the recovery of damages shall be [commenced?] within six months from the time of such cause of action accrued and not after.

[?] 27 It shall be lawful for the county commissioners of each and every county through which said Road may pass for and on behalf of said county to authorise by an order as much of the stock to be taken as they may think proper

[?] It shall be the duty of the corporation to cause a full statement of the affairs of the company to be made and exhibited to the stockholders at every annual election as they may think proper or at any other general meeting of the Stockholders

[?] should the capital therein granted not be sufficient to accomplish the intended work the corporation may encrease the same and the stock holders may at any general meeting reduce the number of Directors to any number not less than five, three of whom shall form a quorum for business

[?] the corporation shall in no case directly or indirectly engage in any kind of trade or deal in merchandise other than such as may be necessary to carry into effect the objects contemplated by this act, nor shall said corporation under any pretense whatever enter into banking business for the purpose of receiving deposits making discounts or issuing bills of credits or bills or receipts of any description to pass as a circulating medium

Sec 26 the charter is limited to [...?] ^ forty ^ ^forty^ years in duration and the Corporation shall cause to be kept a fair record of the whole expense of making said Rail Road or any section thereof with all incidental expenses, and also a fair account of the tolls received. and the directors of said company shall make an annual report in detail of the proceedings and expenditures verified by the affidavit of at least two of them which report shall be filed with office of the secretary of State and

Sec 27. If the legislature of this state shall after expiration of ten years from the completion of said road, make provisions by law for the repayment to the said company of the amount expended by them in the construction of said road together with all moneys expended by them for permanent fixtures for the use of said Road with interest on such sums at a rate of ten per cent per annum together with all moneys expended by said company for repairs or otherwise for the purposes of said Road after deducting the amount of tolls received on said Road then the said Road with all its fixtures and appertenances shall vest in and become the property of the people of the state

sec 28. This act to be in force from and after its passage [?] shall be taken to be a public act.