Sect.[Section] 1 Be it enacted by the people of the state of Illinois represented in the general Assembly that Benjamin W Brooks, James L. Hodges Willis willard, James Reed Sidney S. Candan Winstead Davie John S Hacker John Russel Michael Craver, Elijah Willard Samuel Reed Jefferson McKinney Augustus Rixleben Rober[t] Hargrave David Arendell John Dougherty and Caleb Frick ^& William C Whitlock^ and such other persons as may associate themselves with them for that purpose be and they are hereby constituted a body politic and corporate by the name of the “Jonesboro’ and Missisippi rail road Company” for the purpose of constructing a rail road from Hamburg on the Missisippi river in Union County, to Jonesboro’ and from thence if they shall deem it proper to some suitable point on the central rail road, to take transport [...?] and carry property and persons upon the same, by the power and force of steam animals of of any mechanical or other power, or by a combination of them which the said corporation may choose to employ and by that name they and their successors shall be and are hereby vested with the right and privelege of constructing and using the said Road for the purpose aforesaid, from and to the points comprised in the limits before mentioned and may have succession and shall be persons in law, may sue and be sued contract and be contracted with, plead and be impleaded in all courts of law and equity and in all manner of actions, and they and their successors may have and use a common seal, and may change and alter the same at pleasure

sect. 2^[nd?] That if the said corporation hereby created ^does not^ commense the said rail road within five years, and finish the same within twenty years from the passage of this act, then the said corporation shall thence forth forever cease and this act be null and void.

sect. 3 The capital stock of said company shall be fifty thousand dollars with liberty to increase the same from time to time by new subscriptions in such manner and form as they shall think proper, to any amount not exceeding one hundred thousand dollars for the purpose of fulfilling the intent of this act; which said capital stock shall be distributed into shares of one hundred dollars each, which shall be deemed personal property and transferable in such manner as the said corporation shall direct by law direct.

sect. 4 That Benjamin W Brooks, James L. Hodges Willis Willard James Reed Sidney S. Candan Winstead Davie John S. Hacker John Russel Michael Craver, Elijah Willard Jefferson M^cKinney Augustus Rixleben Robert Hargrave David Arendell John Dougherty and Caleb Frick & William C Whitlock shall be commissioners the duty of whom shall be or a majority of them it shall be at some suitable place in New orleans Philadelphia and New York and in the Towns of Jonesboro, ShawneeTown, Springfield Alton, Brownsville and in Frankfort, in the state of Illinois or at such of said places

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as a majority the said commissioners may deem necessary to open books, to recive subscriptions to the capital stock of said Corporation and to do such other things, as in their opinion is best calculated to get the said stock taken up. sixty days notice shall be given by said commissioners of the time and place of opening said books; in one of the public newspapers in or near each of the said places, The Commissioners shall recive no subscriptions unless one dollar on each share subscribed be paid at the time of subscribing. And as soon as the capital stock shall be subscribed, to give a like notice, for a meeting of the stockholders, to choose five directors, and such election shall be made at the time and place appointed by such of the stockholders, as shall attend for that purpose, either in person or by lawful proxey, each share of the capital stock entitling each stockholder to one vote And the said Commissioners shall be inspectors of the first election, of directors of said corporation and shall certify under their hands the names of those duly elected, and deliver over the subscription books to the said directors. And the time and place of holding the first meeting of the directors shall be fixed by the said Commissioners. And the directors to be chosen at such meeting, or at such annual election, shall as soon as may be after every election, choose out of their number, one president, and one other person to be vice president; and in case of the death resignation, or removal of the president, vice president, or of any director such vacancy or vacancies may be fill for the remainder of the year, whenever they may happen by the directors; and in case of the absence of the president and vice president the board of directors, shall have power to appoint, a president protempore, who shall have and exercise such powers and functions as the bye-laws of the said corporation may provide.

sect. 5^th It shall be lawful for the directors to requires payment of the sums subscribed to the capital stock at such times and place in such proportions, and on such conditions as they shall deem fit under the penalty of the forfeiture of all previous payments, theron and shall give notice of the previous payments thereon required, and of the place and time, where and when the same are to be paid, at least ninety days previous to the payment, of the same in some public newspaper, of this state and in the several cities where the books of the company may have been opened for subscription to the capital stock

sect. 6 That in case it should at any time happen that an election of directors shall not be made on any day on which, in pursuance of this act, it ought to be made, the said corporation shall not for that cause be deemed to be [...?] dissolved; but such election may be held at any other time directed by the bye laws of said corporation.

sect. 7. That ^a majority^ [...?] of the directors of the said corporation, shall form a board and they, and they or a majority of them shall be competent, to transact all the business of the corporation, and they shall have full power to make and prescribe such bye laws, rules and regulations, as to them shall appear, needful and proper, touching the management, and desposition of the stock property and effects of said corporation the transfer of shares, and touching the duties and conduct of their officers and servants, and the electing of directors and all other matters whatever, which may appertain to the concerns of the said corporation, and also shall have power, to appoint a secretary and as many clerks and servants as to them shall seem proper, and to establish and fix such salaries and allowances to them, and also to the president and vice president as to the said board may appear proper.

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and allowances to them and also to the president and directors vice president as to the board may appear, proper.

sect 8^th That the said corporation be and they are hereby authorised by their agents, surveyors and engineers ^to^ cause such examinations and surveys to be made of the ground lying within the aforesaid limits prescribed by the first section of this act as shall be necessary to determine the most advantageous route for the proper line or course wheron to construct, their said road and it shall be lawful for the said corporation to enter upon and take possession of and use all such real estate as may be indispensable for the construction and mantainance of their said road and the accommodations requisite and appertaining to them and may also hold and take all such voluntary grants and donations of land and real estate as shall be made to the said corporation to aid in the construction, mantainance and accommodation of their said road, provided that all lands and real estate thus entered and taken possession of and used by said corporation, and which are not donations shall be purchased by said corporation, of the owners of the same at a price mutually agreed upon between them and in case of disagreement as to price it shall be the duty of the Governor of this state, upon a notice given him by Said corporation, to appoint three commissioners, who shall be persons not interested in the matter to be determined by them, to determine the damages which the owner or owners of the land or real estate so entered upon by the said corporation, has or have sustained by the occupation of the same, and upon the payment of such damages, together with the costs and damages attending the appraisement by the said corporation the commissioners being

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being allowed three dollars per day while thus employed; or upon the said corporation depositing in the treasury of the county in which the land lies, the amount, of said damages together with the costs and charges aforesaid to the credit of the person or persons to whom the commissioners may have awarded them the said county treasurer shall give notice to such person or persons by letter of such deposite being made by the said corporation; then the said corporation shall be deemed to be seized and possessed of the fee simple of all such lands or real estate, as shall have been appraised by the said, commissioners; and it shall be the duty of said commissioners or a majority of them, to deliver to the said corporation a written statement of the award or awards they shall be make with a description of the land or real estate appraised to be recorded by the said corporation in the clerks office of the county in which the land or real estate may be. That in case any owner, or owners of land or real estate so appraised, shall be femes covert under age or non compus mentis or out of this state, then and in that case the said corporation shall pay the amount, which shall have been awarded as due, to the last, mentioned owners respectively whenever, the same shall be lawfully demanded together with interest at the rate of six per cent, per annum

sect. 9 That the said corporation be and they are hereby authorised to construct, and use a road of suitable width and dimensions, to be determined by the said corporation, within the limits prescribed in the first section of this act, and shall have power to regulate the time and manner in which goods and passengers shall be transported, taken and carried on the same

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as well as the manner, in which they shall collect all tolls and dues on account of transportation and carriage, and shall have power to erect and mantain, toll houses, and other buildings for the accommodation of their concerns as they may deem suitable to their interests and to collect tolls as soon as any part therof shall be finished.

sect. 10. The president and directors of said Company (if it shall be so decided by a full majority of all the stockholders, therin voting as [...?] hirin before provided) shall cause to be constructed, a double or single rail road or way along the same route, as they may think proper, which shall be subject to the same rules & regulations as herin provided

sect. 11. That whenever, it shall be necessary for the construction of the said rail road to intersect, any stream of water, or water course or any road or highway, between the places mentioned in the second section of this act it shall be lawful for the corporation corporation to construct said rail road or track way, across or upon the same, but the corporation shall restore the stream or water course, or road or highway thus intersected, to its former state sufficiently so, as not to obstruct its navigation or usefulness in any respect whatever.

sect. 13. That if any person or persons shall wilfully do or cause to be done, any act or acts whatever, whereby any building construction or work of the said corporation or any engine, machine, or structure or any matter or thing appertaining to the same shall be stopped, obstructed impaired weakened injured or destroyed the person or persons so offending shall forfeit and

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pay to the said corporation, double the amount of the damages sustained by means of such offense or injury, to be recovered in the name of said corporation, with costs of suit by action of debt to be brought before any court of record in this state or before any justice of the peace, in the counties where such injuries may have accrued, and the person or persons so offending, shall be deemed guilty of a misdemeanor, and liable to fine and imprisonment for a term not exceeding one month.

sect. 14 This act shall be deemed a public act and shall be favorably construed for the purposes therin expressed and declared in all courts and places whatever. And the Legislature reserve the right to alter amend or repeal this act at pleasure when the public good shall require the same provided that should the legislature repeal this act the said company shall have three years to wind up their business