An Act To incorporate the St. Clair Rail Road Company.

Sect[Section]. 1. Be it enacted by the people of the state of Illinois, in General Assembly represented, that James Mitchell, Adam W. Snyder, Thomas Harrison, William Kinney, Samuel Ogle, William H. H. Stuart, & William M^cClintock, and their successors and assigns, shall be & are hereby constituted a body corporate, by the name & style of the “St. Clair Rail Road Company;” and shall continues for the term of fortyyears, from and after the passage of this Act, Provided, that the state of Illinois or county of St. Clair shall have the privilege, at the expiration of the period aforesaid of purchasing the same Rail Road, and other property authorized by this act to be held by the said company, at the cost thereof, and six per cent. interest per annum thereon.

Sect. 2. The Corporation shall have the right and power to construct and maintain and continue a single or double Rail Road or way, with such appendages as may be necessary for the use of the same, from the East side of the Public square, or near thereto, in the town of Belleville, in St. Clair county, to the bank of the Mississippi river, at or near the town of Illinois, in the county aforesaid, with the privilege of extending it lateral rail ways along the foot of the hills or Bluffs, to the distance of ten miles on each side of the point or place where the road from the river aforesaid, shall reach the bluffs: To transport, take and carry persons, and property, on the same by the power and force of steam, of animals, or any mechanical or other power, as said Company may choose to employ, and by their name aforesaid, they are vested with the right & privilege of erecting or building a single or double Rail Road, for the purpose of using the same in manner provided by this act.

Sect 3. The Capital Stock of s^d[said] Company shall be One hundred and fifty thousand dollars, with liberty to increase the same to three hundred thousand dollars; and Books for the subscription of the same, shall be opened at the town of Belleville aforesaid, at such time as the Commissioners appointed by this Act shall direct, or a majority of them, and remain open for a period of twenty days, or, until all the stock first authorized, shall be taken—which stock shall be divided into shares of One hundred dollars each.

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Sect. 4. If the said corporation shall not within two years after the passage of this act, commence the construction of said road, & shall not within five years thereafter, open the same for use, from the river aforesaid to Belleville, then this act shall be null and void.

Sect. 5. The corporation is hereby empowered to purchase, receive & hood such real estate, and personal property, as may be necessary and convenient for accomplishing the objects of this charter, and may by their agents, take possession of and use all such lands, & real estate, and materials, as may be necessary for the construction & maintenance of their Rail Road; and may lay off said road, not exceeding eight rods wide, for the whole length and may hold and receive all grants & donations of land & materials to aid in the construction of said Rail Road— Provided, however, that all lands & real estate thus entered upon, for materials or otherwise, ^c/w. are not donations or owned by the said Company, when it cannot be obtained by voluntary agreement, shall be paid for, estimated & recovered, in the manner provided by law, for the recovery of damages happening by laying out highways.

Sect. 6. When the lands or other property or estate of any feme covert, infant, or person non compos mentis, shall be necessary for the construction of said Rail Road, the husband of such feme covert; and the guardian of such infant or person non compos mentis, may release all damages for any lands or real estate taken or appropriated as aforesaid, as they might do, if the same were holden by them in their own right, respectively.2

Sect. 7. The said corporation is hereby authorized and impowered to regulate the time and manner in which, goods, persons & property, shall be transported, taken and carried on said rail road, and shall have power to erect and maintain, Toll houses & other buildings, necessary for their business; and from time to time fix, regulate, demand and receive the tolls, and charges by them to be received for transportation of persons or property on said rail road, provided, that . . .

Sect. 8. If any person shall wilfully do, or cause to be done, any act or acts, whatsoever, whereby, any building, construction, or work of the said corporation, or any engine, machine or structure, or any thing pertaining to the same, shall be stopped, obstructed, impaired, injured, or destroyed, the person or persons so offending, shall forfeit and pay to said corporation, with costs of suit, treble the amount of damages sustained by means of such offence, or in^jury^

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injury, to be recovered in the name of said corporation, by action of debt, and shall likewise be subject to be indicted for injuries & offences, against the property of said Corporation, as for injuries and offences done to the property of individuals

Sect. 9. Whenever it shall be necessary for the construction of the Rail Road, to intersect or cross any stream of water, or water courses, or any road, or highway, it shall be lawful for the corporation to construct said Rail Road, across or upon the same, but the corporation shall restore the stream, or water course, or highway, thus intersected, to its former state, or in a sufficient manner not to impair its usefulness.

Sect. 10. The Corporation created by this act, under the name & style of the, “St. Clair Rail Road Company,” shall have the right to sue and be sued, plead and be impleaded in all courts and places, and may have a common seal, alter and change the same at their pleasure

Sect. 11. The Company aforesaid, shall have power to make all the bye-laws rules and regulations, requisite and necessary for the transaction, of all business necessary and appertaining to their affairs, provided, they are not in contravention of the laws of this state or the united states. The corporation shall have power to negotiate for a loan, or loans, in aid of the purposes of this act; to pledge their capital stock or other property for the security thereof

Sect. 12. Said Rail Road shall be commenced at the town of Belleville, and may also be commenced at the Mississippi River, and made towards the centre of the rout. The books provided to be opened by the third section of this act, shall be under the charge of James Mitchell, Adam. W. Snyder, Thomas Harrison, William Kinney, Samuel Ogle, William M^cClintock & William H. H. Stuart, who shall receive all subscriptions offered, provided, that should a greater number offer than the whole amount of stock be subscribed, as aforesaid; the said commissioners shall reduce the number to be allotted each subscriber, so that not less than one share be apportioned to each. One dollar on each share so subscribed, shall be paid by the subscriber, at the time of subscribing. Public notice of the time and place when and where said books shall be open[ed] for the purpose aforesaid, shall be given in two or more newspap[ers] [?]

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general circulation in the state, besides the paper published in Belleville.

Sect. 13. The immediate government and direction of the affairs of said Company, shall be vested in a board of not less than seven directors, who shall be chosen by the members of the Corporation, in the manner hereinafter provided; and shall hold their offices, until others be duly elected & qualified, to take their places as directors. And the said directors, a majority of whom shall constitute a quorum for the transactions of business, shall elect one of their number to be president of the board, who shall also be president of the Company; and shall have power to chuse a clerk, who shall be sworn to the faithful performance of his duty, & a treasurer, who shall give bonds to the corporation with sureties, to the satisfaction of the directors, for the faithful discharge of his trust.

Sect. 14. That the said president & directors for the time being, are hereby authorized and empowered, by themselves or their agents, to exercise all the powers herein granted to the Company, for the purpose of locating, constructing and completing said Rail Road, and for the transportation of persons, goods and merchandize; and all such other powers and authority, for the management of the affairs of the company, not heretofore granted, as may be necessary and proper to carry into effect the objects of this act; to purchase and hold lands and materials, engines, cars, and other necessary things, in the name of the company, and for their use, for the transportation of persons, goods and merchandize—to make such equal assessments, from time to time, on all the shares in said corporation, as they may deem expedient and necessary, in the execution & progress of the work; and direct the same to be paid to the treasurer of the Company: and the treasurer shall give notice of all such assessments; and in case any such subscriber shall neglect to pay his assessment for the space of thirty days, after due notice by the treasurer of said company, the directors may order the treasurer to sell such share or shares at public auction, after giving due notice thereof, to the highest bidder; and the same shall be transferred to the purchaser; and such delinquent subscriber shall be accountable to the company for the balance of his share or shares shall sell for less than the assessment due thereon, with interest and cost of sale, and shall be entitled to the overplus, if his share or shares shall sell for more than the assessment due, with interest and costs of sale—provided, however, that no assessments shall be made upon any shares in said Company of a greater amount in the whole, than one hundred dollars on a share; and the stock of said company shall be transferable and assignable in such manner and in ^on^ such terms as the directors may prescribe and shall be considered as personal property and liable to be sold on execution as personal property

Sect. 15. As soon as fifty thousand dollars shall have been subscribed, there shall be an election of seven directors, chosen from the number of stock holders, which election shall be conducted by the seven persons named in the first section of this act, in Belleville, St. Clair county, after due notice shall have been first given in one or more newspapers. Such election shall be made by ballot, either in person or by proxy, and the persons having the highest number of votes shall be duly elected. Each share shall be entitled to one vote; and in case two or more persons, shall have an equal number of votes for directors, then the directors who shall have been duly elected, shall proceed by ballot and by a plurality of votes determine between them; and any vacancy, which may happen in the Directory, may be supplied [...?] for the time being by the remaining directors. The directors so chosen shall continue as such until the first monday in June, 1838, and until others are duly elected—which election shall take place on ^at^ the same time annually thereafter, subsequent to due notice having been given for at least thirty days previous thereto, in one or more public newspapers of the county or State. This act shall be is hereby declared a public act, & shall be recognized by all courts as such.

Provided, that the state of Illinois hereby reserves the right & privilege of purchasing of the said Company, the said Rail Road, & appendages thereunto belonging, at any time after the completion of the said road, by paying to the said Company the amount expended in the construction thereof, together with twelve per Centum per annum interest thereon, deducting the amount of the tolls received on said road.