Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That Robert M'Queen, Michael Crane, Jonathan Nichols and John Curts, of Shokokon; Lewis R. Chaffin, William Smith, Jonathan Wassom, George Coulson, Joseph W. Nudd, Henry Compstock, Abraham Harpe Jun., Joy Sperry and Lewis C. Maynard of La Harpe; Jeremiah Smith, of Burlington, Wis-

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consin Territory; Hart Fellows, James R. Fayerweather and James McCrosky, of Rushville, and all such persons who may associate with them for that purpose, be, and they are hereby constituted a body politic and corporate, by the name of the Shokokon and Rushville Rail Road Company, for the purpose of constructing a rail road from Shokokon, on the Mississippi river, opposite the town of Burlington, Wisconsin Territory, by the way of the town of La Harpe, in Hancock county, and Rushville, in Schuyler county, to the Illinois river, at the most suitable point, so as to connect, as near as practicable, the Jacksonville and Meredocia rail road; to transport, take and carry property and persons upon the same, by the power and force of steam, of animals, or of mechanical or other power, or any combination of them, which the said corporation may choose to employ; and by that name they and their successors shall be, and they are hereby vested with the right and privilege of constructing and using the said road, for the purposes aforesaid, from and to the points comprised within the limits before mentioned; and may have succession, and shall be persons in law capable of contracting and being contracted with, suing and being sued, plead and being impleaded, in all courts of law and equity, and in all manner of actions; and that they and their successors may have a common seal, and may alter and change the same at pleasure.

Sec. 2. That if the corporation hereby created shall not, within ten years from the passage of this act, construct and finish, and put in operation, the said road, or any part thereof, as shall be expedient by said corporation, then the said corporation shall thenceforth and forever cease, and this act be null and void.

Sec. 3. The capital stock of said company shall be two hundred thousand dollars, with the liberty to increase the same from time to time, by new subscriptions, in such manner and form as they shall think proper, if such increase shall be found necessary to fulfil the intent of this act; which said capital stock shall be divided into shares of fifty dollars each; which shall be deemed personal property, and transferrable in such manner as said corporation shall by law direct.

Sec. 4. That Lewis R. Chaffin, William Smith, Robert McQueen, Michael Crane, Jeremiah Smith, Lewis C. Maynard, George Coulson, Jonathan Wassom, Joseph W. Nudd, Joy Sperry, Abraham Harper Jr., John Curts, Jonathan Nichols, Henry Comstock, Hart Fellows, James R. Fayerweather and James McCrosky, shall be commissioners, the duty of whom, or a majority of them, shall be, at some suitable place, in the cities of Boston, New York,

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Philadelphia, Baltimore, Louisville, New Orleans and St. Louis, and in the towns of Alton, Rushville, La Harpe, and Shokokon in Illinois, to open books to receive subscription to the capital stock of said corporation, and to do such other things as in their opinion are necessary and best calculated to get said stock taken up; sixty days public notice shall be given by said commissioners, of the time and place of the opening of said books, in one of the public newspapers in Alton and Rushville. The commissioners shall receive no subscription unless at least one dollar on each share subscribed be paid at the time of subscription; and as soon as the same 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 the 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 on by said commissioners; and the directors to be chosen at such meeting or at such annual elections, shall, as soon as may be after every election, choose out of their own number one president and one other person to be vice president; and in case of the death, resignation or removal of the president or 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 board of directors; and in case of the absence of the president or 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 time 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 times, where and when the same are to be paid, at least ninety days previous to the payment of the same, in some public newspaper in this state, and in several cities where the books of the company may have been opened for subscriptions 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

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said corporation shall not, for that cause, be deemed to be dissolved, but such elections may be held at any other time directed by the by-laws of said corporation.

Sec. 7. That five of the directors of said corporation shall form a board, and they, or a majority of them, shall be competent to transact all the business of the said 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, estate and effects, of said corporation; the transfer of shares, and touching the duties and conduct of their officers and servants, and the election of directors, and all other matters whatsoever, which may appertain to the concerns of said corporation; and also shall have power to appoint a secretary, and so many clerks and servants as to them shall seem meet; and to establish such salaries and allowances to them, and also to president and vice president, as to said board shall 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 in the aforesaid limits, prescribed in the first section of the act, as shall be necessary to determine the most advantageous route for the proper line or course 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 maintenance of 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 said corporation (for the) maintenance and accommodation of their said road; Provided, That all lands or real estate, thus entered and taken possession of and used, by said corporation, which are not donations, shall be purchased by said corporation, of the owner or owners of the same, at a price mutually to be agreed upon between them; and in case of disagreement as to price, it shall be the duty of the Governor of this state, upon notice given to 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 said land or real estate, so entered upon by said corporation, have sustained by the occupation of the same; and upon payment of such damages, together with the costs and charges attending the appraisement by the said corporation, the said commissioners being allowed two dollars per day whilst thus

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employed, or upon the corporation depositing in the treasury of the state the amount of such damages, together witn the costs and charges aforesaid, to the credit of the person or persons the commissioners may have awarded the same, the proper officer of such treasury giving 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 said corporation a written statement of the award or awards they shall make, with a description of the lands or real estate appraised, to be recorded by the said corporation in the clerk’s office of the connty commissioners’ court 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 feme covert, under age, non compos mentis, or out of this state, then, in such case, the said corporation shall pay the said last mentioned owner or owners, respectively, whenever the same shall be lawfully determined, together with interest at the rate of six per cent per annum.

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 said corporation, within the limits prescribed by the first section of this act, and shall have power to regulate the time and manner in which goods and passengers shall be taken, transported and carried on the same, as well as the manner in which they shall collect all dues on account of transportations; and shall have power to erect 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 is finished.

Sec. 10. That whenever it shall be necessary for their rail road to cross or intersect any water course, or other highways, lying between the points aforesaid, it shall be lawful for the said corporation to construct their rail road across or upon the same; Provided, The corporation shall restore the highway thus intersected to its former state, or in a sufficient manner not to impair its usefulness.

Sec. 11. It shall be lawful for any rail road company which may hereafter be incorporated, to join with the rail road company hereby created, at any point they may think advisable, on such terms as the companies respectively may agree upon; in case that a disagreement between the directors, then, upon such terms as the circuit court of the county in which such difficulty may take place, shall, upon a full view of the premises and facts connected

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

Sec. 12. That if any person or persons shall wilfully do, or cause to be done, any act or acts, whereby any building, construction or work, of said corporation, or any engine, machine or construction, or any matter or thing appertaining to the same, shall be stopped, obstructed, injured or destroyed, the person or persons so offending, shall forfeit and pay the said corporation double the amount of damages sustained by means of such offence, to be recovered in the name of said corporation, with costs of suit, by action of debt, to be brought in any court of record in this state, or before any justice of the peace in the counties where such injury may have accrued; and the person or persons so offending shall be deemed guilty of a misdemeanor and liable to fine and imprisonment.

Sec. 13. That the said corporation shall have the liberty of taking and receiving in payment of the stock subscribed to said corporation, a conveyance in fee simple of any land or town lots, and the same, together with any such donations as above provided, to sell and convey in such manner and on such terms, as may be thought necessary and most advantageous to the said corporation.

Sec. 14. When one-tenth part of more of the stock of said company shall be subscribed, the said commissioners shall make an election, at such time and place as they may direct, for the election of directors as herein provided, and the said directors shall receive from the said commissioners all the books, papers and money, which they may have received, and thereafter the directors shall receive subscriptions to the said capital stock, until the whole amount shall be subscribed.

Sec. 15. This act shall be deemed a public act, and shall be favorably construed for the purposes therein expressed, and declared in all courts and places whatever.

Approved 28th Feb. 1837.