Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That all such persons as shall become subscribers to the stock hereinafter mentioned, shall be and they are hereby constituted a body politic and corporate, by the name and style of the “Grafton and Carrolton Turnpike Company,” from and after the passage of this act; and by that name, they and their successors shall have succession and a common seal, and shall in law be capable of suing and being sued, pleading and being impleaded, in all courts and places where justice is judicially administered; and they and their successors may also, by that name and style, be capable in law of purchasing (and) holding real and personal estate for the use and accommodation of said corporation: Provided, That said company shall purchase no other real estate than one section in width where said turnpike is to be or shall be made, and said company shall sell all such real estate within three years after said turnpike road shall be finished and ready for use.

Sec. 2. The said corporation shall have full power and authority to locate and construct a turnpike road, commencing at the town of Grafton, in Green county, on the Mississippi River, from thence to Carrollton, thence to Whitehall, thence to Manchester, and from thence to Jacksonville in Morgan county, with power and authority, if said corporation should deem it expedient, to continue the same to Springfield, in Sangamon county, and may also, in case said road should not run through the town of Jerseyville, construct a lateral branch to said town.

Sec. 3. The capital stock of said corporation shall be one hundred thousand dollars, divided into one thousand shares, of one hundred dollars each, with power to increase the capital stock, if necessary to accomplish the objects herein contemplated, which stock shall be deemed personal property, and negotiable and transferrable in such manner as said corporation shall by their by-laws direct.

Sec. 4. The said turnpike road shall be divided into three sections or parts, as follows; to wit: The first section shall commence on the Mississippi river at Grafton, and end at Carrolton; the second section shall commence at Carrolton, and end at Jacksonville; the third section shall commence at Jacksonville, and end at Springfield; and if either of the sections of said road shall be constructed or finished, the said company shall never be liable to a forfeiture of the section finished, or any part of said road that may be finished.

Sec. 5. That T. Dugget, Edward M. Daily, Lewis W. Link, Colby Young, Jacob Frye, and William Lane shall be commissioners, whose duty it shall be to open books for the purpose of receiving subscriptions to the capital stock of said company, at some proper place in the towns of Grafton, Jerseyville, Carrolton, Whitehall, Manchester, Jacksonville, and Springfield, at such times as said commissioners shall think proper, by their giving sixty days notice, by posting up advertisements in each of the towns aforesaid, and such other places as they may think proper. Said books shall remain open three days at each place, and in case the whole capital stock of said company shall not be subscribed for, at the aforesaid places, the said commissioners are further authorized to open or cause to be opened a book for the subscription of the capital stock not subscribed for in any place or places in the United States, and at such times as they shall think proper. Any three of said commissioners shall at any time be competent to transact any business; and they shall exact of each person subscribing, at the time he shall subscribe, the sum of ten dollars on each share of stock subscribed.

Sec. 6. As soon as one half of the capital stock shall have been subscribed, the said commissioners shall give twenty days notice, by posting up two or more notices in each of the aforesaid towns, that an election will be held by the stockholders to choose five directors, and such election shall be held at the time and place previously notified and appointed by said commissioners, by such of the stockholders as attend for that purpose, either in person or by proxy. Each share of stock shall entitle

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the holder to one vote. And the said commissioners, or a majority of them, who are present shall be inspectors of said election, and shall certify under their hands the names of those duly elected by a majority of votes, and they shall then deliver over the subscription books to the said directors, which said directors, and also those chosen at any annual election, shall choose one of their members president of the board of directors, and they shall have power to fill vacancies that may occur until the next annual election. And said stockholders shall once in each year hold an election for a board of directors as aforesaid, who shall have all the powers of their predecessors: the time and place of election to be fixed on by the by-laws of the corporation; and such directors and all other officers shall continue in office until their successors shall be chosen; and all instruments of writing that shall be directed to be drawn and signed by the president, shall be binding on the stockholders, and on any person or persons entering into any contract or agreement with the directors of said company.

Sec. 7. A failure to hold an election for the choice of directors or other officers shall in no case be deemed in dissolution of the company, but the directors may appoint another time, and so on in succession, for a choice of directors and other officers, and such elections shall be valid and effectual.

Sec. 8. The said directors shall have power to appoint a secretary, treasurer, superintendents, surveyors and all subordinate officers of said corporation, to fix their compensation, define their powers, and prescribe their duties; require of them such bonds, in such penal sums, and with such securities as the board of directors shall prescribe; and they shall hold their offices during the pleasure of a majority of the directors. The said board of directors may from time to time ordain and establish such by-laws and ordinances as to them shall seem meet and proper for the efficient and prudent management of the affairs and objects of said incorporation. Said directors may contract with a surveyor to view, locate, and survey the most suitable and advantageous route for said road from Grafton to Carrolton near the centre of the sixteenth section, in township six north, range twelve west of the third principal meridian, as to them may seem most advantageous, and may enter into contracts with all and every such person and persons as they may think proper; and said directors shall have power to divide the shares of stock into half and quarter shares, and to make them all negotiable in such mode as they shall deem proper.

Sec. 9. That the said corporation be and they are

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hereby authorized by their agents, surveyors and engineers, to cause such examinations and surveys to be made of the ground within the limits aforesaid as prescribed by this act, as shall be necessary to determine the most advantageous route for the line whereon to construct said 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 necessary for the construction and for the keeping up of said road, and for the accommodation thereof, and may also take, hold, and occupy all such voluntary grants and donations of land and real estate as may be made to said corporation, to aid in the construction, maintenance, and accommodation of said road: Provided, That all lands or real estate thus entered on and taken possession of, and used by said corporation, and which are not donations, shall be purchased by said corporation of the owner or owners of the same, at a price mutually agreed upon between them; and in case of disagreement as to the price or value of such lands, it shall be the duty of the county commissioners of the county in which such lands are situated, on notice in writing of such disagreement being given to them by the said corporation or the secretary thereof, to appoint three disinterested freeholders, who after being sworn to act impartially in the premises, shall proceed to determine and assess the damages, which the owner or owners of the lands so entered upon has or may sustain thereby, and also in like manner to assess and value the advantages to the individuals, by having such road run through or across his land, and shall strike the balance, and shall report such balance to the county commissioners in writing, who appointed them, and such report shall be the measure and only measure of damages sustained; and if the owner or owners of such land shall feel themselves aggrieved by such report and decision, and should prefer to sell the land to such company or incorporation not exceeding one section in width on the route through which said road shall or may pass, said three disinterested freeholders, sworn as aforesaid, shall appraise and value said land, and the improvements if any, and make return to the county commissioners aforesaid; and the board of directors of said company may either purchase the land or pay the damages assessed as aforesaid. And upon the payment of such valuation by the said company, on depositing the amount in the county treasury of the county within which said lands lie or are situated, together with the costs and charges incurred by such valuation, and upon the county treasurer giving notice to the owner or owners of such land, that such deposite is made and is

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subject to his order or control, whenever he pleases, said corporation shall be deemed to be and are hereby seized and possessed in fee simple of such land and all the appurtenances to the same belonging. And it shall be the duty of the said three disinterested freeholders to deliver to the board of directors of said company, as soon as practicable, a written statement of their award or assessment with a description of the land appraised, which shall be recorded in the recorder’s office of said county; and if any of said owners of such land should be infants or minors, feme covert, insane, or non compos mentis, at the time of such valuation, the said corporation shall allow interest at the rate of six per cent. for their benefit, from the time of such valuation until the time of payment.

Sec. 10. That the said corporation shall be and are hereby authorized to construct and use a road of suitable width and dimensions, to be determined by said directors within the powers prescribed by this act, and shall have the power to declare the time that said road or any part thereof shall be ready for use, and may establish toll gates every ten or five miles thereon, as said directors shall think advisable, as well as the mode of collecting tolls, and are authorized to erect toll-houses and other buildings for their accommodation, and may ask, demand, and receive tolls upon any part of said road, as soon as the same may be finished and completed.

Sec. 11. It shall be lawful for the directors to require payment of the several sums subscribed to the capital stock, at such times and in such proportions, and on such conditions as they may think fit, observing uniformity therein, under the penalty of a forfeiture of all previous payments thereon, and shall give notice of the payments required; and of the time and place when and where the same are to be paid at least forty days previous thereto, by posting up two written notices in each of the towns through which said road may pass, and also in some one of the newspapers in this State, and also in the several cities where the books of subscription may have been opened for obtaining subscriptions to the capital stock.

Sec. 12. That whenever it shall be necessary in the construction of the aforesaid turnpike road, to intersect or cross any water course, or any other road or highway, or to run on in the same direction of any public or private road, lying between the points designated for the aforesaid turnpike, it shall be lawful for this incorporation to construct their road across, or on the same.

Sec. 13. That if any person or persons shall wilfully or designedly do or cause to be done any act, whereby

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any building, construction, or work of said corporation, or any engine, or machine, or structure, or any matter or thing appertaining to the same, shall be stopped, obstructed, impaired, injured, or destroyed, each and every person or persons, so offending, shall forfeit and pay to the said corporation treble damages by occasion of such offence or injury, to be recovered by said corporation, with costs of suit, by action of debt or tresspass on the case, to be cognizable in the circuit court of the county where such offence may be committed, or before any justice of the peace, where the amount of damages claimed shall not exceed one hundred dollars with a right of a jury trial, as in other cases; and, moreover, all such persons shall be liable to indictment for a misdemeanor, and liable to fine or imprisonment, at the discretion of the court before whom such conviction shall be had; and if any person or persons shall wilfully obstruct in any manner whatever, said turnpike road, or any part thereof, such person or persons shall be liable to indictment as at common law for creating a common nuisance, and on conviction shall be fined not less than fifty nor more than five hundred dollars, and shall be imprisoned not exceeding six months; and it shall be the duty of the court before whom any conviction shall be had, to direct by an order for that purpose the sheriff of the county, with his posse comitatus, to repair to the place, and effectually prostrate and abate such nuisance.

Sec. 14. The said corporation are hereby empowered to borrow any sum of money which they in their discretion may deem necessary to aid in the construction of said road, not exceeding the amount of their capital stock. And if it shall at any time appear to the president and directors that any portion of the money borrowed as aforesaid, or any portion of surplus capital shall not be needed for immediate use, the same may be loaned out on legal interest to individuals. Said road to be commenced within two years from the passage of this act, and completed in fifteen years. The commissioners selected to open books for subscriptions for stock, the president and directors, and all other officers on being elected or appointed, shall each of them before entering on the duties of their office take an oath or affirmation, to be administered by some person authorized by law to administer oaths, well, faithfully, and impartially to execute their duties according to law, and to the best of their skill and understanding, and on the wilful violation thereof shall be subject to an indictment as in cases of wilful and corrupt perjury.

Sec. 15. The following shall be the rates of toll for each and every ten miles of said road, viz:

It is hereby made the duty of the president and directors to commute with such persons as live on and near such turnpike road, and who have frequent occasion to use the same for a yearly sum for themselves, their families, their teams and animals: Provided, That ministers of the gospel, and all persons going and returning from public worship on the first day of the week, commonly called Sunday, shall be exempt from all toll whatever; and, also, all persons, male and female, under twenty-one years of age, attending any school, or institution for literary or moral instruction, shall also, under all circumstances, be exempt from tolls. The said corporation shall have a right, if they should deem it expedient, to establish toll-gates every five miles, which shall be considered as half toll-gates, and entitled to demand and receive only one half of the aforesaid rates of toll; and no tolls are to be demanded of any person who commutes or pays by the year. And the said board of directors shall have a printed or plainly written list of the rates of tolls posted up at all the gates or places where tolls are demanded, for the inspection of all persons whomsoever.

Sec. 16. That when the said turnpike shall be completed the board of directors shall make out a full report, containing a full account of the cost of constructing said road and all things incidental thereto, which report shall be sworn to as true by the president of the board. Said report shall be filed in the secretary’s office of this State, and shall annually thereafter report in like manner

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the expenditures of the company, and the amount of tolls received, and also file them in the secretary’s office as aforesaid.

Sec. 17. The said company shall have a right to build a toll-bridge over Macoupin creek, by the consent of the county commissioners of Greene county; and they may establish the rates of toll for the same: they may take a part of the stock for the county, or commute with said company for the county of Greene.

Sec. 18. The said company shall continue a body corporate, if the legislature shall not think fit, or be inclined, to purchase the stock of the company for the use of the State, at par, and also obtaining twelve per cent. per annum for money expended; but if the legislature should decline purchasing out the stock as aforesaid, the said company shall continue until the tolls shall have re-imbursed the capital stock, and twenty per cent. on the same. But if the State should purchase up the stock as aforesaid, then the said company shall surrender their charter, and all their interest in said road, to the people of this State.

Sec. 19. This act shall be a public act, and shall be construed favorably and benignly in all courts and places to carry into effect every beneficial purpose herein intended, and shall take effect and be in force from and after its passage.

Approved 2d March, 1837.