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, Samuel Shryock, Henry Merriweather, Robert L. Hill, Hiram Keach, T. Fry, James Reno, William

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B. Pregram, David Pierson, and Elias 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 construct, and during its existence to maintain and continue a single or double rail road 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 shall wish so to 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 force of steam, 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 toll gates, and receive such tolls as may be fixed by said company, provided, Said company shall not collect tolls on said road, unless said road or that part for which they exact toll, shall have been completed, and by the name aforesaid, they are invested with the right and privilege of erecting, building and making a single or double rail road or way, or single or double track way, or a turnpike road for the purposes aforesaid, and the right of using the same, in the manner 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 thereon, and shall not within eight years from the passage of this act, construct, finish, and put in operation the said single or double rail road or way, or track way, or turnpike road, then the said corporation shall forever cease, and this act shall be null and void.

Sec. 4. The capital stock of said corporation hereby created, shall be one hundred and fifty thousand dollars, with liberty for said company if they shall deem it necessary, to increase the same to two hundred 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,

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Ward Eldred, Jourdan Calvin, Robert B. Scott, Samuel Shryock, Henry Merriweather, Robert L. Hill, Hiram Keach, Jacob Fry, James Reno, William B. Pegram, David Pierson, Elias Eldred, shall be commissioners the duty of whom, or any five of whom it shall be, within one year from the passage of this act, at the town of Carrollton, to open books and receive subscriptions to the capital stock of said corporation, and twenty days public notice of the time and place of opening such books shall be previously given in some newspaper 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 subscribed for than one hundred and fifty thousand dollars, the said commissioners may either retain the subscriptions as an enlargement of the capital stock: provided, Said subscription does not exceed 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 authorised 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 subscribed 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 newspaper 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 on which any election for directors shall take place, shall entitle the owner and holder to one vote, either personally or by proxy, said 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 the 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 rail road, track way, or

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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 route 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, of 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 annexed thereto, shalt be filed in the office of the recorder of Green 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 corporation shall construct, erect, build, or make the rail road, track way, or turnpike road as above described.

Sec. 8. The first directors to be chosen, shall hold their office until the first Monday in June in the year next succeeding their election, and until others shall be chosen; and every election of directors thereafter, 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 Green county. Every election shall be held under the inspection 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 shall be given to any two or more for directors, the remainder of the directors shall by ballot determine who shall be entitled to a seat at the board.

Sec. 9. In case it should at any time happen that an election of directors shall not be made on any day when pursuant to this act it ought to have been made, the said corporation shall 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 it should have been held, and the directors shall continue to act until 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

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materials as may be indispensable for the construction and maintenance of their road, and the accommodations and appurtenances 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 government, or by any corporation, company, individual, or individuals, to aid in the construction, maintenance and accommodation 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 otherwise, which are not donations or owned by the company, shall be purchased by the said corporation of the owner or owners thereof, at a price to be agreed on mutually by the company and the owner or owners. In cases of disagreement as to price and before 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 authorised person or persons of said company, to apply to some justice of the peace of the county of Green, 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 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 the additional value which such 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, surperintendent, or other authorised person or persons requiring 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 Green county by petition, stating the facts of the case, describing the land and premises, and the necessity of such land for making such road and the attempts and failure to purchase the same, with the name and residence of the owner of the same, and the reasons why the purchase cannot be made; and the circuit court aforesaid, acting and setting 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 the ap

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pellee 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 said case as speedily as possible, and upon proof of the service of notice of the appeal, and upon 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 seem proper and equitable, and may either increase or diminish the amount of damages assessed, or reject said petition altogether; and shall also make such orders for the payment of such 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. Whenever 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 take possession of, and use the same for the purposes 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 to appraise and value the materials as 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 non 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 woman, infant, insane person, idiot, or non-resident of the State.

Sec. 12. The said corporation is hereby authorised 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 maintain toll gates and toll houses, and other buildings necessary for the accommodation of their concerns, and from time to time fix, regulate, demand, and receive the tolls, and the charges by them to be received for transportation of persons or property on said road.

Sec. 13. Five directors of said corporation shall form

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a board, and they or a majority of them shall be competent to transact all business of said corporation; and they shall have full force and power to make and prescribe all such rules, by-laws, and regulations as to them shall appear needful and proper, touching the management and disposition of the stock, property, and estate of the said corporation, the transfer of shares, and touching 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.

Sec. 14. If any person or persons shall willfully 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 matters or things pertaining to the same, shall be stopped or obstructed, 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 indicted 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 so to continue said road, but if they should not wish so to continue said road, they are hereby authorised and vested with full power to construct a canal from Bluffdale to the Illinois river.

Sec. 16. It shall be lawful for any rail road company that is now or may hereafter be incorporated, to open and unite with the rail road track-way, turnpike road, hereby created and incorporated at any point at which the directors of the company hereafter to be created and incorporated may think advisable, 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, then upon such terms as the court of Greene county, shall upon a full view and hearing of all

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facts connected with the case, determine to be equitable and just between said companies.

Sec. 17. The corporation hereby created under the name of the Carrollton and Bluffdale rail road 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 judgment 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 stock of the corporation shall be deemed personal property, and together with all tools, implements, machinery, and apparatus of every description used and employed, or on hand and belonging to said company, shall be liable to be seized, executed, and sold after judgment or decree, to make good any contract, agreement, or stipulation made by any agent surperintendent, or other authorised person or persons of said company, and it shall be a sufficient service of process or notice in all cases to leave a copy of the same (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 liberally construed in every particular.

Sec. 19. The legislature hereby reserves the right to alter, amend, or repeal this charter, whenever the public good shall require it.

Approved 27th Feb., 1837.