A Bill for
An act to Incorporate the [?]
New Canton & Piketon Rail Road Company
Sec[Section] 1 Be it enacted by the people of the State of Illinois represented in General Assembly That David B Bush Jonathan Piper Robert W. Taylor Charles T. Brewster Joseph Jackson David Dutton & Nathan WintersTheir associates Successors and assigns, are hereby created a body politic under the
name and Style of The New Canton & Piketon Rail Road Co. and by that name Shall be and are hereby made capable in law and Equity to Sue and
be Sued, plead and be impleaded, defend and be defended in any Court or Courts whatsoever
To make and use a Common Seal the Same to alter and [repeal?] at pleasure and by that name and Style be capable in law of contracting and being
contracted with purchasing holding and conveying, real and personal Estate for the
purposes and uses of said Corporation as herein after limited and [?] be and are hereby vested [?] all the powers and privileges [?]
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immunities which are [?] be necessary to carry into [?] the purposes and objects of this act, as hereinafter Set forth [?] and the Said Company are hereby authorized and empowered to locate construct and finally [complete?] a Rail Road for [?] tract . . . on the Mississippi River near [?] Ware House of David Dutton [?] Thence through New Canton to Pittsfield and for this purpose Said Company are authorised
to lay out the Road not exceeding eight Rods Wide, through the whole length and for
the purpose of [?] Embankments, Stone Wood and Gravel may take as much or more land as may be necessary
for the proper Security and construction of Said Rail Road Provided that all damages that may be occasioned to any person or persons or Corporation by the taking of Such land, and materials, for the purpose [aforesaid?] shall be paid for [?] the [?] provided.
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Sec. 2.
The Capital Stock of Said Company Shall consist of Five thousand Shares of Fifty dollars each share [?] and the immediate [?] direction of the affairs of said Company shall be vested in a board of not [?] than five directors, who Shall [?] by the members of the Corporation [?] manner hereinafter provided —and Shall hold their office until others Shall be duly
elected and qualified to take their places as Directors and the Said Directors, a
majority of whom Shall form a quorum for the transaction of business: Shall elect
one of their number to be president of the board, who Shall also be President of
the Company and have authority to choose [?] Secretary, who Shall be Sworn to the faithful discharge of his duty. And a Treasurer
who shall give bond to the Corporation with [Securities?] to the Satisfaction of the Directors. in a Sum not less than Twenty Thousand Dollars
for the faithful discharge of his trust.
Sec 3 The President and Directors for the time being are hereby authorized and empowered
by themselves [?]
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their agents; to execute all powers herein granted to the Company and all Such other powers & authority for the management of the affairs of Said Company, not heretofore granted; as may be proper and necessary to carry into effect the
objects of this act, and to make such [?] assessments from time to time [?] all Shares of the Company as [?] may deem expedient and necessary and direct the Same to be paid to the Treasurer
of the Company. Provided That no assessment Shall be [?]upon any Share in Said Company of a greater amount in the whole than Fifty Dollars on a Share.
Sec 4. The Said Company Shall have power to make, ordain and establish all Such Bye Laws, rules and regulations and ordinances, as they may deem Expedient, and necessary,
to accomplish the designs, and purposes, and to carry into effect the provisions of
this act And for the transfer and assignment of the Stock The payment of assessments
and the Conveyance of [?] and the [?] or [?] and Securing of the interest and affairs of Said Company.
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provided, the Same Shall not be repugnant to the constitution and laws of this State or of the United States
Sec 5. A Toll is hereby granted and established for the Sole benefit of Said Company upon all passengers and property of [?] descriptions which may become [?] transported on Said road, at Such rates per Mile as may be agreed upon, and established
from time to time by the directors of Said Company. Provided however that if the [?] income and receipt from tolls, from and after the Completion of Said [road?] Shall exceed twelve per cent per annum The legislature may take measures to reduce Said rate of tolls, So as to
take all the overplus. And Said Directors may loan on Bond and Mortgage, or other
Security any Surplus funds of the Company which may be at any time unappropriated at a rate of Interest not exceeding Twelve
per cent per annum.
Sec. 6. The Directors of Said Company, for the time being, are hereby authorized to erect Toll Houses, Buildings, Establish
Gates, and demand toll upon [?]
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road when completed and upon Such parts thereof — as shall from time to time be completed.
Sec 7. The Said Company Shall be [holden?] to pay all damages, that may [?] to any person or corporation by taking their land, Stone, wood or Gravel for the
use of said Rail Road. When the Same Cannot be had by Voluntary agreement to be estimated
and recovered the manner provided by law for the recovery of damages happening by
the laying out of Highways.
Sec. 8. When the land or other [?] or estate [?] infant or person non [compos mentis?] Shall be necessary for the construction of Said Rail Road. The Husband of Such married woman and the Guardian of Such infant or person non compus mentis may release all damages, in relation to the land, or other property to be taken
and [?] as aforesaid. [?] might do of the same were [?] in their own rights, respectively.
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Sec 9 If any person Shall wilfully do or cause to be done any [?] whatsoever, Whereby any Building construction or [work?] or any Engine [Machine?]
[?] or any matter or thing [?] to the Same. Shall be Stopped, [?], impaired, weakened, injured or destroyed, The person so offending Shall be deemed
guilty of a misdemeanor and Shall forfeit and pay to Said Corporation, treble the amount of damages Sustained by means of Such offence, and injury, to
be recovered in the manner of Said Corporation with costs of Suit, by action of debt. and Shall be Subject to indictment and punishment
for high crimes and misdemeanors as in other cases.
Sec 10 The annual meeting of the members of Said County shall be holden on the first monday of November in each year at Pittsfield aforesaid or at Such other place as the Directors for the time being may appoint
at which meeting the Directors Shall be chosen by ballot, Each proprietor being Entitled
to as many votes as he holds Shares, and any two person named in this act are hereby
authorised to call the first meeting
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of the Said Company by giving notice in the News papers published at Jacksonville and Quincy of the time and place & purpose of Said meeting at least ten days before time mentioned
in Said notice.
Sec 11 The Said Company shall
[...?]
the Rail Road hereby authorized to be constructed within Two years and complete the
Same within ten years thereafter
[...?]
otherwise this act is declared null and void.
Sec 12
This act Shall be deemed and taken as a public act and as Such Shall be taken notice
of by all Courts of Justice in this State. without the necessity of pleading the Same
and Shall be in force from and after its passage. Provided, however that the Legislature
may at any time upon departure from or violation of the provisions of this act alter
amend or repeal the Same as in their judgment the public good may require
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Sec 12 The Said Corporation is hereby authorised to join any other Rail Road, Now or hereafter to be incorporated and put in operation at Such place and upon
Such terms as may be mutually agreed upon by the said Companies, or in case of disagreement
by the Said Companies upon Such terms and at such places as the Court of Chancery
of the district where Such connexion is desired Shall decree upon bill filed or Suit instituted for that purpose
Sect 13. This act Shall be deemed, and taken as a public act, and as Such Shall be taken
notice of by all courts of Justice in this State, without the necessity of pleading the same, and Shall be in force from and after
its passage. Provided however that the Legislature may at any time upon departure from or violation
of the provisions of this act alter amend or repeal the same as in their judgment
the public good may require.
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[02]/[25]/[1837]
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Handwritten Document, 10 page(s), Folder 204, HB 218, GA Session 10-1, Illinois State Archives (Springfield, IL) ,