Sec.[Section] 1. Be it enacted by the people of the state of Illinois represented in the General Assembly, That Lewis W. Link[,] Lindsey H. English, Ward Eldred, Jourdan Calvin, Robert B. Scott, Sam^l Shryock, Henry Merriweather, Robert L Hill, Hiram Keach[,] T. Fry Virgil James Reno[,] William B Pregram[,] David Pierson William Eldrid and [Elen?] Eldred, and all such persons as shall become stockholders, agreeably to the provisions of this act, Shall be and they are hereby constituted a body Corporate by the name of “The Carrollton and Bluffdale Rail or Turnpike Road Company” and shall continue for the term of fifty years from and after the passage of this act.

Sec. 2. The Corporation shall have the right and power to cons[truct] and during its existence to maintain and continue a single or do[uble] railroad or Turnpike road or a Single or double track way, with such appendages and appurtenances as may be necessary for the convenient use of the same from Carrollton in the county of Greene and running thence to the town of Bluffdale in said county and thence to the Illinois ^River^If said company^to do so^ shall wish it so to do ^extend said road it shall be lawful for them so to do^ to transport, take, and carry persons and property on the same by the power and fource of steam of animals or any mechanical or other power or by combination of them as said company shall choose to employ or if said company shall construct a turnpike road ^as empowered in this act^ they shall have power to construct and erect such toal gates and receive such tolls toals to wit as may be fixed by said company provided said company shall not collect toals on said road unless said road, or that part for which they exact toal, Shall ^have^ been compleated
and by the name aforesaid they invested with the right and privelege of erecting[,] building and making a single or double railroad or way or single or double trackway or a turnpike road for the purpos aforesaid and the right of using the same in the mann[er] hereinafter provided for and during the term of fifty years.

Sec. 3. If the said Corporation hereby created shall not within four years from the passage of this act commence the construction of said road or way and spend at least Ten thousand Dollars theron and shall not within Eight years from the passage of this act construct finish and put in opperation the said single or double railroad or way or trackway or turnpike road, then the said corporat[ion] shall forever cease and this act shall be null and void

Sec. 4. The capital stock of said corporation hereby created Shall be

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one hundred ^& fifty^ thousand dollars with liberty for said company if they shall deem it necessary to increase the same to Three hundred ^& fifty^ thousand Dollars, which shall be divided into shares of fifty dollars each which shall be transferable in such manner as Said corporation may direct and the same shall be deemed personal property

Sec. 5. That Lewis W. Link, Lindsey H. English, Ward Eldred, Jourdan Calvin, Robert B. Scott, Sam^l Shryock, Henry Merriweather, Robert L. Hill, Hiram Keach, Jacob Fry[,] James Reno, William B. Pegram, David Pierson, William Eldred, and [Elen?] Eldred shall be commissioners the duty of whom ora majority ^any five^ of whom it shall be within one year from the pasage of this act at the town of Carrollton to open books and receive subscriptions to the capital Stock of said corporation, and twenty days publick notice of the time and place of opening such books shall be previously given in three news papers printed in ^Carrollton^ Jacksonville ^or Alton^ and the said commissioners shall at the time of subscription by any person or persons for the capital stock of said corporation require the payment to them by the person or persons subscribing of five dollars towards and upon every share of fifty dollars so Subscribed and unless the same shall be paid the subscription Shall be invalid. And in case a greater amount of capital stock shall be subscrib[ed] for than one hundred ^& fifty^ thousand dollars the said commissioners may either retain the subscriptions as an enlargement of the capital stock (provided said subscription does not ecede two hundred thousand dollars) or shall distribute the stock in such manner as a majority shall deem most advantageous to the interest of said corporation. But in case the capital stock shall not be subscribed for then the said commissioners shall be authorized to re-open said book for the subscription of stock at such times and places and in such manner and after such notice as they or a majority of them shall direct.

Sec. 6. Whenever said capital stock shall have been subscrib[ed] and distribution made thereof, as aforesaid or as soon as twenty five thousand Dollars of said stock shall be taken it shall be the duty of said Commissioners to give twenty days public notice in some news paper printed in ^Carrollton^ Jacksonville ^or Alton^ for a meeting of the stockholders of said company to meet in Carrollton to choose nine directors and such election shall then and there be made by such of the stockholders as shall attend either in person or by lawful proxy each share of the capital stock owned ten days previous to the day

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day on which any election for directors shall take place shall entitle the owner & holder to one vote either personally or by proxySaid Commissioners shall be inspectors of the first election of directors of said Company and shall Certify under their hands the names of those duly elected and deliver over this subscription money books and papers to said directors and the time of holding the first meeting of the directors shall be fixed by the said Commissioners.

Sec 7. The said directors shall cause such examinations and Surveys for the said Railroad trackway or Turnpike road to be made as may be necessary to the selection by them of the most advantageous line course or way for the said road on the rout set fourth in the second Section of this act, and shall after such examinations and surveys shall be made select and by certificates under their hands and seals designate the line course or way which they or a majority of them shall deem most suitable and advantageous for said road one report survey courses and distances with a certificate of the directors anexed thereto shall be filed in the office of the Recorder of Greene County and by him recorded and preserved which line course or way so selected[,] Certified[,] filed and recorded Shall be deemed the line course or way on which the corporate shall construct erect build or make the rail road trackway or turnpike road as above described.

Sec 8 The first directors to be chosen shall hold thier office untill the first Monday in June in the year next succeeding their election and untill others shall be chosen and every election of directors there after shall be held annually at Carrollton on the first Monday of June in each and every year notice of the same being first given twenty days previous thereto in a public Newspaper printed in ^Carrollton or^ Jacksonville, or by sticking up Notices of the same in Several of the most notorious places in Greene countyEvery election shall be held under the inspections of three Stockholders not being directors who shall be previously appointed by the board of directors. All Elections shall be held by ballot and a plurality of votes given shall constitute a choice. No stockholder shall be eligible to the office of director unless he shall own stock to the amount of at least one hundred Dollars. In case an equal number of votes should be given for any two or more for directors the remainder of the directors shall by ballot determined who shall be entitled to a seat at the board

Sec. 9. In case it should at any time happen that an enlection of d[irec]-

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tors shall not be made on any day when pursuant to [?] act it ought to have been made the said corporation sha[ll] not for that cause be dissolved but such election may be held at any other time directed by the by-laws of the corporation within sixty days after the day on which it should have been held and the directors shall continue to act untill a new board is elected

Sec. 10. The Corporation is hereby empowered to purchase receive and hold such real Estate as may be necessary and convenient for the accomplishing the object for which this act of incorporation is granted and may by their agents[,] surveyors and engineers enter upon and take possession of and use all such lands and real estate and materials as may be indispensable for the construction and maintenance of their Road and the accommodations and appurtances required and appertaining thereto and may also receive hold and take all such voluntary grants and donations of lands and real estate and materials for the purposes of said road as shall be made to the said corporation by the General or State Goverment or by any corporation[,] or Company[,] Individual or individuals to aid in the construction maintanance and accomodation of the said Road completely vesting in said company and corporation absolutely in fee simple the same but all lands and real estate thus entered upon for materials or other use which are not donations or owned by the Company shall be purchased by the said corporation of the owner or owners therof at a price to be agreed on mutually by the Company and the owner or owners. In case of disagreement as to price and before the taking any materials or making any part of said road on said land in controversy it shall be lawful for the Commissioners[,] Superintendent or other authorized person or persons of said Company to apply to some Justice of the peace of the county of Greene who shall cause five freeholders to be summoned who after being sworn faithfully and impartially to examine the materials or ground to be pointed out to them by the Commissioner[,] Superintendent or other authorized person or persons and reasonable notice having been given to the owner of the property said freeholders shall assess the damages which they shall believe such owner or owners will sustain over and above the aditional value which said land will derive from the construction of such road and make a report signed by at least a majority of them one of which they shall deliver to the Commissioner[,] Superintendent or other

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authorised person or persons and reasonable notice having been given to the owner of the property said freeholders shall assess the damages which they shall believe such owner or owners will sustain over and above authorized person or persons requireing said view and assessment and the other to the Justice of the peace and the amount of damages and costs being paid to the owner or owners which shall have been assessed or deposited with the Justice of the peace the road may be constructed located and materials taken. If Either party shall be dissatisfied with the valuation when lands are in question an appeal may be taken in twenty days to the Circuit Court of Greene County by petition listing the facts of the case describing the land and premises and the necesity of such land for making such road and the attempt and failure to purchase that land with the name and residence of the owner of the same and the reasons why the reasons why the purchase cannot be made and the circuit court aforesaid acting and sitting as a court of chancery shall direct such notice to the owner and parties as shall be deemed reasonable of the time of hearing the parties provided that in case of the appellee shall have had seven days previous notice of the taking of the appeal no further notice shall be necessary but said court shall proceed to hear and determine sa[id] ca[se] as speedily as practicable) and upon proof of the Service of notice of the appeal and uppon hearing the testimony of the parties which may be taken orally or by deposition) it shall make such order and decree as to it may seem proper and Equitable and may either increas or diminish the amount of damages assessed or reject said petition altogether and shall also make such order for the payment of costs as may be Just and proper. It shall also order a conveyance of the land in controversy to be made when the decree shall be complied with on the part of the Corporation (When ever said order and decree shall be fully complied with on the part and behalf of said corporation it shall be possessed of the land in controversy and may enter upon and tak possession of and use the same for the purpose of said road, when a difficulty as to the value of materials which may be needed to construct said work or the amount of damages done to land by the agents of the company there shall be no appeal to the Circuit Court but in case the parties or either of them shall be dissatisfied and it shall appear to the Justice that it is right and necessary to Justice he may set aside the first valuation (provided the same shall be done in three days after said valuation) and appoint five other commissioners

turn to

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to appraise and value the materials las aforesaid whose award in the premises shall be final who shall apportion the costs as may appear Just on one or both of the parties.

Sec. 11. In case any married woman[,] infant[,] idiot or insane person or no-resident of the State who shall not appear after such notice shall be interested in any such land or real estate the circuit court or Justice of the peace shall appoint some competent and suitable person to appear before said commissioners or said circuit court and act for and in behalf of such married women[,] infant[,] insane person[,] idiot or non-resident of the State

Sec. 12. The said corporation is hereby authorized and empowered to regulate the time and manner in which goods, passengers and property shall be transported[,] taken and carried on said road, and shall have power to erect and mentain toal gates and toal houses and other ^buildings^ necessary for the accomodation of their concerns and from time to time fix[,] regulate[,] demand and receive the tolls and charges by them to be received for transportation of persons or property on said road.

Sec. 13. Five directors of said corporation shall form a bord and they or a majority of them shall be competent to [tran]sact all business of said corporation and they shall have full force and power to make and pr^s^cribe all such rules by-laws and regulations as to them shall appear needful and proper tuching the management and dispotion of the Stock[,] property and estate of the said corporation the transfer of shares and tuching the duties and conduct of their officers and agents and election of directors and all other matters whatsoever which may appertain to the Concerns of said Corporation. It shall also be lawful for said directors to require payment of the Sums to be Subscribed to the Capital Stock at such times and in such proportions and on such conditions as they Shall deem fit and right under the penalty of the forfeiture of all previous payments thereon and shall give notice of the payments thus required and of the place and time when and where the same are to be paid at least twenty days previous to the payment of the same in some public newspaper published in Jacksonville[,] Alton or Carrollton if one Continues to

Sec. 14. If any person or persons shall wilfully do or cause to be done any act or acts whatsoever whereby any building Construction or work of the said Corporation or any engine[,] machine or Structure or any matter or thing pertaining to the same shall be stopped or obstructed[,]

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impaired[,] weakened[,] injured or destroyed the person or persons so offending shall forfeit and pay to the said corporation treble the amount of damages sustained by means of such offence or injury to be recovered in the name of said corporation with costs of suit by action of debt and shall likewise be subject to be indited for injuries and offences against the property of said corporation as for injuries or offences done to the property of individuals.

Sec 15. If said Company shall wish to continue the road from Bluffdale to the Illinois river it shall be lawful for them to do so ^so to continue s^d[said] road^But if thy should not wish so to do ^continue said road^ they are herby auther[ised] ^& vested with full power^ to construct a canal from Bluffdale to the Illinois ^river^ at any p[oint] that said company may deem most competent

Sec 16. It shall be lawful for any railroad Company that is now or may hereafter be incorporated to Join and unite with the railr[oad] trackway or turnpike road hereby created and incorporated at a[ny] point at which the directors of the company hereafter to be created and incorporated may think adviseable on such terms as the directors of the two companies may respectively agree upon and in case of a disagreement between the directors of said companies the upon such terms as the court of Greene county shall upon a full view and hearing of all the facts connected with the [?] determin to be equitable and Just between said compan[ies]

Sec 17. The corporation hereby created under the name of “The Carrollton and Bluffdale RailroadTrackway or turnpike ^road^ Company” shall have the right to sue in any Court in law or equity in this State having Jurisdiction of the case and prosecute the same to Judgement and recovery and defend when sued[,] plead and be impleaded both at Law and in chancery and shall be entitled to all the privileges and rights which Such a corporation by the common or statute laws governing the case ought and should of right have and may have a common seal which they may alter and change at their pleasure. The whole of the Capital Stock of the Corporation shall be deemed personal property and together with all tools[,] implements[,] machinery & apparatus of every description used and employ^d[employed] or on hand and belonging to said company shall be liable to be seized[,] exicuted and sold after Judgement or decree to make good any contract[,] agreement or stipulation made by any agent[,] superintendent or other authorized person or persons of said company and it shall be a sufficient Service of process or notice in all cases to leave e copy of the same

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with the president of the board of directors or the secretary of the company, or in case of his absence from the county of Greene to leave a copy of the same at the office thereof

Sec. 18. This act to be a public act and shall be favorably and liberly construed in every particular.

Sec. 19. The Legislature hereby reserves the right to alter amend or repeal this charter when ever the public good shall require it.

with the president of the board of directors or the Secretary of the company, or in case of his absence from the county of Greene to leave a copy of the same at the office thereof 1