Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That Horatio G. Loomis, James Kinze, Isaac D. Harmion, J. McCarty, R. M. Sweet, John Berry, Sherman King, Pierce Downer, Francis C. Sherman, Benjamin Douglass, Hiram Pearsons, Zephna Lake, John R. Livingston, John Holbrook, George W. Snow, and R. K. Potter, and such other persons as shall become stockholders, are hereby constituted a body politic and corporate by the name of the Chicago and Fox River Turnpike road company, for the purpose of constructing a turnpike road from the town of Chicago, to touch at Berry’s point so called, by way of Napersville and to terminate at Aurora, or Fox river.

Sec. 2. The capital stock of said company shall be fifty thousand dollars, which shall be deemed personal property,

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and shall be divided into shares of fifty dollars each. The said capital stock may be increased to a sum not exceeding one hundred thousand dollars, if the same shall be necessary to the completion of the said road, and the same shall be subscribed for and taken under the directors of the said corporation, in the same manner and under the same directions as is provided by this act, for the subscription of the original stock, which said capital stock shall be assignable and transferrable, under such rules and regulations as the directors of the said company may appoint.

Seo. 3. Horatio G. Loomis, Joseph Naper, Julius M. Warren, Zephna Lake, James McCarty, and John Dean Caton, are hereby appointed commissioners to receive subscriptions to the said capital stock, and grant certificates of the same, whose duty it shall be at some suitable places in the town of Chicago, and the village of Napersville in the county of Cook, and at such other places as they may deem expedient, to open books and receive subscriptions of stock, which books shall be kept open during three successive days, but no subscription shall be received unless two dollars shall be paid on each share at the time of subscribing. At least fourteen days notice shall be given by the said commissioners, of the time and place of opening the books, by an advertisement in one of the public newspapers printed in the town of Chicago, where such books shall be opened.

Sec. 4. If fifty thousand dollars of the said stock shall not be subscribed within the said three days, the commissioners may again open the books at such other times and places as they may deem proper, and when such stock shall be subscribed, it shall be the duty of the commissioners to call a meeting of the stockholders for the purpose of choosing nine directors, by giving at least fourteen days notice thereof, in one of the newspapers printed in the said county of Cook. Three or more of the said commissioners shall preside at such election, and each stockholder shall be entitled personally or by proxy, to one vote for every share of stock owned by him. The directors so chosen shall hold their offices until the first Monday in January next following, which shall be the day for choosing directors in each year after such first election.

Sec. 5. The said corporation shall make a good and sufficient road, and shall make the arch of the said road twenty two feet in width, and shall lay out the said road sixty feet in width, and shall construct the same of such materials as the natural surface of the ground may afford. The said corporation shall not be invested with any other powers than are necessary for the purpose of making the said turnpike road and bridge, and for keeping the same in repair, and for receiving the tolls thereon.

Sec. 6. Whenever five miles of the said road shall be finished according to the provisions of this act, the said corporation may erect a toll gate thereon, and demand and receive tolls for passing the same, at the rates hereinafter mentioned, and when any other five miles of the said road shall in like manner be finished, a toll gate may be erected thereon, with like powers.

Sec. 7. If the said corporation do not within two years after the passage of this act, complete three miles of the said road, and within five years thereafter complete the whole of the said road, then this act shall cease and be no longer in force.

Sec. 8. William B. Ogden, George M. Dole, Gurdon S. Hubbard, Walter L. Newberry, and John H. Kinzie, are hereby constituted a body politic and corporate, with a capital not exceeding fifteen thousand dollars, for the purpose of making a turnpike road to connect with the aforesaid turnpike road, and to terminate at the west end of Kinzie street in the said town of Chicago, and they shall be entitled to the same privileges, and rates of toll per mile as is allowed by this bill, to the Chicago and Fox river turnpike road company, which said capital stock of fifteen thousand dollars, may be divided into shares of one hundred dollars each, and made transferrable and assignable in such manner as the said William B. Ogden, George W. Dole, Gurdon S. Hubbard, Walter L Newberry, and John H. Kinzie, their successors and assigns, may direct.

Sec. 9. On each ten miles of the Chicago and Fox river turnpike road, when completed according to the provisions of this act, the company may erect one full toll gate or two half toll gates, and demand and receive thereat, from persons travelling the said road, the following tolls per mile, for passing any full toll gate, and half that sum for passing any half toll gate, to wit: for every bull, bullock, ox, or heifer, two mills; for every sheep or hog, one mill; for every cart or four wheeled carriage drawn by two horses or other beasts, two cents and five mills; and for every additional horse or other beast, five mills; for every carriage drawn by one horse or other beast, one cent and five mills; for every pleasure carriage drawn by two horses, two cents; for every sleigh or sled drawn by two horses or other beasts, one cent; for every sleigh or sled drawn by one horse, five mills; and for every horse or mule led or driven, three mills.

Se. 10. The said Chicago and Fox river turnpike road company, be and they are hereby authorised to erect a toll bridge across the Des Plains river, at the place where the said turnpike road shall cross the said river, and keep rhe same in good repair, and shall allow at all times a spee-

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dy passage to all persons, and their property over it, upon the receipt of the toll as hereinafter provided by this act; the said bridge shall be built in a good and substantial manner, and kept in good repair, and when the said bridge shall be completed, the said Chicago and Fox river turnpike road company shall have the right to place at either end of such bridge, a toll gate, and they are hereby authorised to ask and demand from all persons crossing the same, the following rates of toll, to wit: for each score of hogs, sheep, or goats, twenty-five cents; for each mule, ass, or horse, four cents; for each head of cattle, four cents; for each horse and wagon or other vehicle, twelve and a half cents; for each wagon or other vehicle drawn by two horses or oxen, twenty-five cents; for each wagon or other vehicle drawn by more than two horses or oxen, thirty seven and a half cents; for each man and horse, six and a quarter cents, and for each footman one cent.

Sec. 11. That Julius M. Warren, Richard M. Sweet, and Isaac D. Harmion, all of the county of Cook, shall be and they are hereby appointed commissioners to survey and locate the said turnpike road authorised by this act, who shall make a report of the location of the said road, and file the same with the clerk of the county commissioners court for the county of Cook.

Sec. 12. The said Chicago and Fox river turnpike road company shall be and remain incorporated by virtue of this act for twenty years, and not longer; Provided, The county commissioners for the counties through which the said Chicago and Fox river turnpike road company passes, shall assume the said road, and pay the stockholders of the same, the appraised value of the said road: two appraisers shall be named by the county commissioners, and the third by the stockholders of the said road.

Sec. 13. This act may be at any time amended or repealed.

Approved March 1, 1837.