Sec.[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, Robert Hargrave, David Arendall, John Dougherty, Caleb Frick and William C. Whitlock, and such other persons as may associate with them for that purpose, be, and they are hereby constituted a body politic and corporate, by the name of the “Jonesboro’ and Mississippi Rail Road Company,” for the purpose of constructing a rail-road from Hamburg on the Mississippi 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, or 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 privilege, of constructing and using the said road, for the purpose aforesaid, from and

---

to the points comprised in the limits beforementioned; 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.

Sec. 2. That if the said corporation hereby created does not commence 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 thenceforth forever cease, and this act be null and void.

Sec. 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 transferrable in such manner as the said corporation shall by law direct.

Sec. 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 McKinney, Augustus Rixleben, Robert Hargrave, David Arendall, John Dougherty, Caleb Frick and William C. Whitlock, shall be commissioners, the duty of whom, 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 as the said commissioners may deem necessary, to open books to receive 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 receive 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 proxy, 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 filled for the remainder of the year, whenever they may happen, by the directors; and in case of the absence of the presi-dent and vice president, the board of directors shall have power to appoint a president pro tempore, who shall have and exercise such powers and functions, as the by-laws of the said corporation may provide.

Sec. 5. It shall be lawful for the directors to require payment of the sums subscribed to the capital stock, at such times, and in such proportions, and on such conditions, as they shall deem fit, 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, 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.

Sec. 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 dissolved, but such election may be held at any other time directed by the by-laws of said corporation.

Sec. 7. That a majority of the directors of the said corporation shall form a board, and shall be competent to transact all the business of the corporation, and they shall have full power to make and prescribe such by-laws, rules and regulations, as to them shall appear needful and proper, touching the management and disposition 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 board may appear proper.

Sec. 8. That the said corporation be, and they are hereby

---

authorized, 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, whereon 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 maintainance 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, maintianance 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 the 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 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 make, with a description of the land or real estate appraised, to be recorded by the said corporation, in the clerk’s office of the county in which the land or real estate may lie; that in case any owner or owners of land or real estate so appraised, shall be femes covert, under age, non compos 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, wherever the same shall be lawfully demanded, together with interest at the rate of six per cent. per annum.2

Sec. 9. That the said corporation be, and they are hereby authorized to construct and use a road, of suitable width and dimensions, to be determined by the said corporation, within the limits prescribed within 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, 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 maintain 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 thereof shall be finished.

Sec. 10. The president and directors of said company, if it shall be so decided by a full majority of all the stockholders therein voting, as hereinbefore 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 and regulations as herein provided.

Sec. 11. That whenever it shall be necessary for the construction of the said rail road, to intersect any stream of water, or watercourse, or any road or highway, between the places mentioned in the second section of this act, it shall be lawful for the corporation to construct said rail road or trackway, 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.

Sec. 12. 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 pay to the said corporation double the amount of the damages sustained by means of such offence or injury, to be recovered in the name of said corporation, with cost 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.

Sec. 13. This act shall be deemed a public act, and

---

shall be favorably construed for the purposes herein expressed and declared in all courts and places whatever.

Approved 3d March, 1837.