Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That Samuel Maulkes, John Sterns, Harvey Clendennen, 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 direct-

---

ed, 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 one hundred and fifty thousand dollars, divided into shares of fifty 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 organise 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 powers to appoint agents, clerks, treasurers, surveyors, engineers, superintendants, 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 time to time 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 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 ofdollars 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 powers 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, and 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 newspapers printed in this State, and in such notice appoint a time and place for the stockholders to meet and elect seven directors, who shall be stockholders and citizens of this State, which election shall be conducted by two judges appointed by the stockholders present, and the persons having a plurality of votes given and counted in public, shall be declared duly elected. In all elections, each stockholder shall be entitled to a vote for each share not exceeding ten, and for every five shares above ten, and votes may be given by the persons owning the same, or by one of any partners, or by the husband, father, mother, administrators, or executor, trustee or guardian, or by any authorised agent of any corporation or State; and every person having a right to vote, may vote by proxy.

Sec. 8. It shall be the duty of the directors elected as above, 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 organised.

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 stockholders 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 lawful to hold the election on another day.

Sec. 10. Certificates of stock shall be given to the stockholders, which shall be evidence of the stock held; they shall be signed by the President, and countersigned by the clerk. The stock shall be transferrable on the books of the corporation only, personally or by an agent, or attorney, or by the trustee, executors, or guardian, but such stock 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 powers 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 days previous notice in some newspaper printed in this State, or by giving written notice to the stockholders. In all such notices the amount on each share demanded, and the time and place of payment shall be set fourth; and if any stockholders 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 month interest thereon, for such detention; 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 thereon, and the same shall thereby be absolutely forfeited to the corporation.

Sec. 12. The corporation shall require of all officers and others in their employ, bonds with security to their satisfaction, 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 powers from time to time, to examine, survey, mark, and locate the route for a rail road, for a single or double track, commencing in 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, to the nearest and most convenient point of junction with 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. 14. 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 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, labor, property, stone, gravel, wood, or other materials for the benefit of said corporation, and all such contracts, relinquishments, donations, gifts, grants, and bequests 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 corporation may have their action at law in any court of competent jurisdiction, to compell 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. 15. That in all cases where any person through whose land the road may run, shall refuse to relinquish the same, or where a contract between the said parties cannot be made, it shall be lawful for the corporation to give notice to some justice of the peace in the county where the difficulties occur, that such facts do exist, and such justice shall thereupn summon the owner of said land to appear before him on a particular day, within ten days thereafter, and shall appoint twelve disinterested persons of the neighborhood, who shall, after taking an oath faithfully and impartially to assess the damages, and shall file a report thereof, with such justice, whereupon said justice shall enter judgment thereon, unless for good cause shown, and in case 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 directed, who may report at that or the succeeding term, at the discretion 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, or into the county treasury for the use of such owner or owners 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 fee-simple of the right to said land, and shall have the sole use and occupancy of the same; and no person, body politic or corporate, 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 ten years from its commencement.

Sec. 18. 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 cause ways, so that the free use of said road, shall not be obstructed, and in all cases where any persons shall own land 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 of such land shall have the right, free of any charge, to cross the same, and to make such causeway as may be necessary for the convenience of such owner; Provided, That such owner of land shall not injure or obstruct said road.

Sec. 19. 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 powers, for the transportation of passengers, for all kinds of produce, lumber, goods, wares, merchandise, 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, on 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 and 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 rates of toll 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. At the expiration of every ten years thereafter the same proceeding may be had.

Sec. 20. Annual dividends of so 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 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.

Sec. 21. That if any person or persons shall willfully and knowingly, injure or obstruct, said road, or any part thereof, or shall break, 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 costs of suit, to be recovered by the corporation before any court having competent jurisdiction; Provided, That all actions commenced by the corporation for the recovery of damages, shall be commenced within six months from the time of such cause of action accrued, and not after.

Sec. 22. 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 authorize, by an order, as much of the stock to be taken as they may think proper.

Sec. 23. 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, or at any other general meeting of the stockholders.

Sec. 24. Should the capital herein granted not be sufficient to accomplish the intended work, the corporation may increase the same, and the stockholders 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.

Sec. 25. The corporation shall in no case, directly or indirectly, engage in any kind of trade, or deal in merchandize, other than such as may be necessary to carry into effect the object contemplated by this act; nor shall said corporation, under any pretence whatever, enter into banking business for the purpose of receiving deposits, making discounts, or issuing bills of credits, or bills of receipts, of any description, to pass as a circulating medium.

Sec. 26. The charter is limited to forty years 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 their proceedings and expenditures, verified by the affidavit of at least two of them, which report shall be filed in the office of the secretary of State.

Sec. 27. If the Legislature of this State shall, after the expiration of ten years from the completion of said road, make provision by law for the re-payment 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 the 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 appurtenances, shall vest in and become the property of the people of this State.

Sec. 28. This act to be in force from and after its passage, and shall be taken to be a public act.

Approved 1st March, 1837.