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Be it enacted by the people of the State of Illinois, Represented in the General ^assembly that^ James B. Husband James C. Calhoon William Flernoy John F. Harriss William W Lay Charles A. Shelly John Simpson Isham Clay James Green Isham Teague J. H. G. Wilcox Mark Rentfro Joseph Kuykendall and F E Henday and their associates successors and assigns shall be and hereby are constituted a
body Corporate by the name and stile of the Fort Massac Rail road Company and by that name may be and hereby are made capable in Law and Equity to sue and
be sued to plead and be impleaded defend and be defended in any Court or place whatever
and to contract and be contracted with to make have and use a common Seal the same
to break renew and alter at pleasure and shall and may be and hereby are vested with
all the powers priviledges and immunitys ^that^ are or may be necessary to carry into affect the purposes of this
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Act the said Company are hereby authorised and impowered locate construct and finally complete build and occupy a Rail Road with single or double track at their option Commencing at Fort Massac on the Ohio River in the County of Johnson from thence on the Best rout to the central Rail Road to intercect the same at or near the town of Franklin in Franklin County Or at some other convienant point on the Said central Rail Road the said Company are authorised to Lay out the said Road Six rods wide the whole lenth and wider where it is absolutly necessary for the proper construction and use thereof and may take so much sand stone
gravel and Other materials which may be necessary for the construction use and occupancy
thereof
Sec[Section] 2d The capital Stock of the said company shall consist of five hundred thousand dollars devided into shares of one hundred Dollars each and the immediate Government and direction
of the affairs of the said Company shall be vested in not less than five Directors who shall be chosen by the members
of the company in the maner here in after provided who shall hold their offices for the term of one year and
until others shall be duly Elected and Qualified to take their place as directors
and the said directors or a majority of them shall forma Quoram
...?] give bond and security to the satisfaction of the directors
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Shall form a Quoram for the transaction of business and they shall Elect one of their number to be President
of the Company and they shall have power to choose a clerk who shall be sworn to faithfully discharge
the dutys of clerk and they shall choose a Treasurer who shall [Sec 3d The President and Directors for the time being are hereby authorised and impowered by themselves or their agents to exersise all the powers and authority herein granted for the purpose of Locating constructing
and completing said Rail Road and all such other powers and authority for the management of the affairs of said
company not heretofore granted as may be necessary to carry into affect the objects of this
grant to purchase and hold Lands and other Materials and other necessary things in the name of the Company for the use of the said Road to make such equeal assessments from time to time on all the shares in said company as they may deem exspediant and necessary in the progress and execution of the work and direct the same to be
paid to the treasurer of the company and the treasurer
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Shall give Notice of all such assessments the Board of Directors Shall have power
to call special meetings of the Stockholders of the company and to adopt Rules and by Laws regulating the maner and time of payment of all assessments they may order as they may deem exspediant
Sec 4th Said company shall be holden to pay all damages that may arise to any person or persons corporation
or corporations by taking their Land stone gravel or other thing for the use of said
Rail Road when the same cannot be obtained by volentary agreement to be estimated and recovered in maner provided by law for the recovery of Damages happening by the laying out of Highways
Sec 5th When the Lands or other property or estate of any married Woman Infant or person
non compos mentis Shall be necessary for the construction of said Rail Road the Husband of such married Woman and the Gaurdian of such infant or person non compos mentis may release all damages in relation to the Land or esstate to be taken and appropriated as afforesaid as fully as they might do if the same were holden in their own right resspectively
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Sec 6th If any person shall wilfully maliciously or wantonly and contrary to Law obstruct
the pasage of any car on said Rail Road or any part thereof on or disstroy or enjure any thing belonging to the said Rail Road the Road itself Car Carraiges Buildings machiens or any thing appertaining to thereto he she or they or any person assesting Shall forfiet and pay to said Company for every such offence treble the amount of such damages as shall be proven before
any court competant to try the same to be sued for in the name and behalf of said Company and such offen^d^er or offenders shall be deemed guilty of a misdeanor and Liable to indictment in the same maners as other Indictments are found in any County or Countys whare such offences shall have been commited and apon conviction of such offence shall be liable to fine or imprisonment [...?]
Sec 7th Said Company shall so construct such Rail Road over Rivers canals turpikes and other Public ways so as not to obstruct Hinder or interfer withe pasage navigation and free use of such Public ways and if said Road shall not be so constructed
it shall be lawfull for the persons agreeved to abate the same in the same maner as is provided by Law for the removal of obstructions to public High ways
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Sec 8th The time and place of holding the an^n^ual meeting of the company for the Election of Directors and for other purposes shall be fixed by the by Laws of the said company and at such meeting each proprietor shall be intitled to as many votes as he holds shares and any two persons named in this act are hereby
authorised to call the first meeting of said company by giving Notice in some Public news paper of General circulation within this state of the time and place of holding such meeting at least fifteen days before the time
appointed to hold such Election
Sec 9th The President and Directors Shall have power to make ordain and establish such by Laws rules and regulations as they may deem exspediant and necessary to accomplish the purposes and to carry into effect the provisions
of this act provided the same are not repugnant to the Constitution and Laws of this
state or of the United States
Sec 10th a toll shall be and hereby is granted to the said company and for their sole benifit apon all passengers and property of all and every desscription which may be carryed or transported apon said at such rates per mile as may be agreed apon and esstablished from time to time
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by the direction of said corporation the transportation of persons and property the construction of wheels the form of
cars and carraiges the wieght of Loads and all other matters and things in relation to the use of Said Road shall
be in conformity to such rules and regulations as the said directors shall from time
to time prescribe and direct the Directors of the said Company for the time being are hereby authorised to erect toll Houses and to esstablish toll gates appoint toll gathers demand and receive toll apon the said road or any part therof when completed
Sec 11th This act creating the said Company is to remain in force for the term of forty years and no Longer unless renewed by
Law provided that in case the Said Road be not Located and surveyed and the construction
thereof actually commenced in five years and completed in ten years from the pasage of this act the same shall be null and void
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No 272
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An act to direct the application of an unexpended balance herein named to Incorporate the Fort Massac Rail Road Company”2
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[03]/[03]/[1837]
[03]/[03]/[1837]
not to 2d Rg[Reading]
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Engrossed
1John A. McClernand from the Committee on Internal Improvements introduced HB 238, originally titled
“A Bill to Direct the Application of the Unexpended Balance Herein Named,” in the
House of Representatives on February 11, 1837. The House passed the bill on March 2, and afterwards amended
the title to “A Bill to Incorporate the Fort Massac Railroad Company.” On March 3, the Senate decided against reading the bill a second time.
Illinois House Journal. 1836. 10th G. A., 1st sess., 559, 708, 811, 828; Illinois Senate Journal. 1836. 10th G. A., 1st sess., 596, 607.
2On March 1, 1837, the House of Representatives amended the bill’s title.
Journal of the House of Representatives of the Tenth General Assembly of the State
of Illinois, at Their First Session, 811.
Handwritten Document, 8 page(s), Folder 223, HB 238, GA Session 10-1, Illinois State Archives (Springfield, IL) ,