An Act to Incorporate the Liverpool, Canton and Knoxville Rail Road Company

Sec.[Section] 1^st
Be it enacted by the People of the State of Illinois, represented in General Assembly, That the President[,] Directors[,] & Stockholders and such other persons as may hereafter become Presidents[,] Directors[,] & stockholds agree^a^bly to the provissions of this act in the Incorporation hereby created, shall be contuinue and exist for the term of Sixty years from the passage of this act, a body corporate and politic by the name and style of “The Liverpool Canton and Knoxville Rail Road Company.”

Sec. 2^d
The Said Corporation shall have the power[,] right[,] & privilege to construct build & make and during its existence, to continue in repair a rail-road or railroads with a single or double track and with such appendages and appurtenances as may be deemed necessary for the convenient use of the same, from the town of Knoxville in Knox county running near or through the town of Canton in Fulton County, to the banks of the Illinois River at or near the town of Liverpool in Fulton County aforesaid to transport[,] take[,] and carry persons[,] property[,] goods[,] wares[,] and merchandize on the Same by the power and force of steam, of animals, or any mechanical or other power, or a combination of the same, as the said Company shall choose to employ, for the space or terms of Sixty years from the passage of this act.

Sec. 3^d
The said Corporation by the name & style aforesaid shall for the term aforesaid have continued succession and shall be capable in Law [?], to sue and be sued, and to plead and be impleaded in al[l?] manner of actions whatsoever and may make have and use a common seal and alter the same at pleasure.

Sec. 4^th
If the said Corporation hereby created, shall not, within five years from the passage of this Act, commence the construction of the said rail road, and expend within

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two years thereafter, the sum of ten thousand dollars thereon and shall not within ten years from the passage of this act construct[,] finish[,] and put in operation the said rail road from and between Canton and Liverpool, or in the event of the failure of the Company to construct the parts and portions of the said rail road, within either of the times above specified then the rights, po[wers?], privileges[,] & immunities, of the said Corporation [?] act shall be null and void

Secⁿ[Section] 5.
If the said Corporation should only construct & complete the said Rail Road from Canton to Liverpool, it shall not be deemed a forfeiture of the Charter or Act of Incorporation hereby granted; but said Corporation shall have and enjoy the same privileges, rights[,] & immunities as they otherwise would do, should the said rail road be constructed & completed from Knoxville to Liverpool

Secⁿ 6.
The Capital Stock of the said Corporation shall be one hundred thousand dollars, which shall be divided into shares of one hundred dollars each, which shall be deemed personal property, and shall be transferable in such manner as the said Corporation shall, by by-Laws direct.

The Capital Stock of the said Corporation may at any time hereafter, be increased to a sum not exceeding three hundred thousand dollars, if the same shall be deemed necessary by the Directors of the said Corporation to the completion of the said Rail Road, and the same may be subscribed for and taken under the direction of such persons as the directors shall for that purpose appoint; and whenever they shall direct one or more books to be opened for such purpose, the same shall and may be taken in such manner as the said board of directors shall have, for that purpose appointed

Sec 7^th
That for the purpose of carrying into execution so much of the provissions of this act as relates to the first subscription of Stock

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be and are hereby appointed Commissioners, whose duty it shall be within the period of twelve months after the passage of this act at some suitable place that my be designated by the said Commissioners or a majority of them to open books, to receive subscription for the Capital Stock of said Corporation, and thirty days public notice shall be given by said Commissioners of the time and place of opening ^such^ books in one or more of the public newspapers printed in this state; and a majority of the Commissioners shall constitute a board to receive subscriptions, whic^h^ Books shall be closed as soon as said Capital Stock is subscribed. The said Commissioners shall receive no subscription unless one dollar on each share shall be paid at the time of subscribing. So soon as said Capital Stock is subscribed, or at least fifty shares, and books closed, the Commissioners shall give notice for a meeting of the Stock holders at such time and place as they shall appoint; by advertisement in one of the newspapers in this state, thirty days before such Election, to choose, five directors; and such Commissioners are hereby appointed Inspectors of such Election; and such Election shall be then and there made by such of the Stockholders as shall attend for that purpose, in person or by proxy, each shall share of the Capital Stock entitling a stockholder to one vote on such share and said Commissioners shall certify under their hands the names of the persons duly elected, and deliver over the subscription books, together with all moneys by them received for and on account of subscriptions, to the directors, so chosen.

Secⁿ 8^th
The said directors shall have power to appoint and employ ^one^ or more engineers, to cause such examination and surveys for said rail road, as may be necessary to the selection of the most advantageous line or lines, course or courses for the location of said road, and the said directors ^shall^ after such examinations and surveys shall have been made, select, and by certificate under their hands and seals, designate the line[,] course[,] or way they may deem most advantageous for said rail

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road, which said certificate shall be filed in the office of the Secretary of this State, which said line course or way so selected and certified, shall be deemed the line course or way, on which the said Corporation shall construct or cause to be constructed built or made their single or double rail road, as hereinafter mentioned

Secⁿ 9^th
The Directors chosen as aforesaid, shall as soon as may be, after every Election, choose out of their own number a president, who shall preside [u]ntil the next annual Election thereinafter, and until another president shall be chosen; and in case of the Death or Resignation of the President, or of any director, the vancancy thus occurring may be filled for the remainder of the year in which they may happen by the board of directors, and in case of the absence of the 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 10
In Case it should at any time happen that an Election of directors shall not be made on any day when, pursuant to the provisions of this act, it ought to have ^been^ made, the said Corporation shall not, for that cause, be deemed to be dissolved, but such election may be held at any other time within ninety days thereafter

Secⁿ 11.
The said Directors shall have power to appoint a secretary and treasurer; and all subordinate officers of said Corporation fix their compensation, define their powers, and prescribe their duties, who when appointed shall give bonds in such penal sums, with such conditions and with such securities as the said directors shall prescribe, and shall hold their office during the pleasure of a majority of the directors. Said Directors may also make ordain[,] establish[,] and put in execution such by-Laws, ordinances[,]

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^&^ regulations as may be necessary for the efficient and prudent management of the affairs and objects of the said Corporation

No by-Laws[,] ordinances[,] or regulations of the same shall be in any wise contrary to the constitution and existing Laws of this state, or of the United States

Sec 12
The first directors to be chosen shall hold their offices until the first Monday in November in the year one thousand eight hundred and thirty eight, and until others shall be chosen; and ever thereafter on the first Monday of November, in each and every year, at such time and place as the said directors shall appoint, giving twenty days previous notice in the manner prescribed for giving notice by the Commissioners appointed for the opening of the Books. Every Election shall be held under the inspection of three stockholders not being directors who shall be previously appointed by a majority of said directors. All Elections shall be by ballot, and a plurality of the votes given, shall constitute a choice. In case of an equal number of votes for any two or more directors, the president shall have a casting vote, and shall thereby determine who shall be entitled to a seat at the board

Sec. 13
The said Corporation is hereby empowered to purchase, receive[,] and hold such real estate as may be necessary ^for the construction of said Road^ and [...?] in accomplishing the object or objects for which this Incorporation is granted; and may by their agents[,] Engineers[,] and Surveyors, enter upon and take possession of and use all such lands and real estate, as may be necessary and indispensable for the construction and maintenance of the said single or double track or way and the accomodations requisite and appertaining thereto and may also receive, hold and take all such voluntary grants and donations of land and real estate as shall be given granted and ceded to the said Corporation for the purposes aforesaid

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to and ^aid^ in the construction, maintenance, and accomodation of the said single or double Rail Road. The said Corporation are also empowered to purchase receive and appropriate to the construction & building & making of said track or rail way all such timber, stone, earth, or other materials as may be deemed necessary and requisite for the same; But all lands or real estate thus entered upon, and all materials which may be necessary for the Construction and maintenance of said rail road or track, which are not donated, shall be purchased by the said Corporation of the owner or owners of the same, at a price to be mutually agreed upon, between them, and in case of a disagreement as to price either as to the said lands or materials and before making any portion of said road, on such lands, the said corporation or the owners of said lands, may apply by petition to the Judge of the Circuit Court of the County in which such lands may lie, particularly describing the land to be appraised; & said petition shall be filed in the office of the Clerk of the Circuit Court in the county in which such lands may lie, or materials may be, whereupon the said clerk shall have power and is hereby authorised and directed to issue under the seal of said Court a notice in Writing to the other party, informing him of the filing of said petition as aforesaid, with the time & place of the Commencement of th[e] sitting of the Circuit Court then next ensuing, and that an appraisement or assessment of the value of said lands or materials will, at the term of said Court be made, which notice shall be served by the Sheriff of said County or any other person qualified to serve & make affidavit of the service of the same by exhibiting the same, and by serving personally a Copy thereof upon the person so sought to be notified, which shall be deemed a sufficient notice. Said notice shall be so served, at least twenty days before the said sitting of the court. The said Clerk, shall be authorized and is hereby directed upon application of either the said Corporation or the owner of said land or materials to issue a subpoena directed to such

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persons as they may desire, commanding their attendance at said Court to prove the value of said land or materials. The said Judge in case the party so notified as aforesaid shall neglect to appear, upon due proof of the service of said notice as aforesaid shall proceed to appoint three competent unbiased and disinterested commissioners who shall be freeholders and residents of the County in which the lands described in said petition are situated and who shall under the direction of the said Judge, and upon hearing the testimony of witnesses on each side of such as may be sworn as to the value of said land ^or^ & materials or other material facts connected with said appraisement, by the said Judge as hereinafter directed, and upon hearing what may be said by either party or their counsel, make appraisement, and determine the damage, which the owner of said lands will sustain after having deducted such sum or sums as they may deem just and equitable upon proof as aforesaid for benefit & advantage which will accrue to the owner of said land by and in consequence of the construction and making the said Rail Road, or, in the case of said materials in the value thereof which said sum shall be certified by a report under their hands and seals. The said report shall contain an accurate description of the land appraised. The said Judge is hereby authorized to administer any oaths to witnesses, of either party for the purpose aforesaid. The said Commissioners may be appointed & selected from the grand Jury attending said Court or otherwise as the said Judge may determine. The said Commissioners shall be allowed two dollars per day for their services, upon proof to the Judge aforesaid to be made within thirty days after the making said Report by the Commissioners. The said Corporation shall pay all the expenses necessarily incurred in ascertaining said appraisement; unless they shall have, previously to the commencement of the proceedings hereinbefore mentioned, tended a sum of money to the owner of said land, which shall be at least equal in amount

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to that allowed by the said Commissioners, and in case of such tender the expenses attending such proceeding shall be borne and paid by the owner of said land^.^ which shall be. The said Judge shall make and order or decree upon receiving the report of said Commissioners, which said report shall be made as soon as they shall have heard the proof and allegation of both parties to such proceeding, which said report of the Commissioners together with the said order or decree reciting the appraisement of damages, the mode of making it, describing the land, and also a minute or memorandum of the expenses of such proceedings, by whom to be borne or paid, according to the provissions of this ^section of this^ act, and all other facts necessary to a compliance with this act section of this Act; and when the said order or decree shall be filed in the office of the Recorder of the county in which such lands may be, the said corporation shall be seized in fee simple absolute and possessed of such lands or Real Estate, and may enter upon and take possession of and use the same, for the purposes of said road. The said report and decree when filed shall be evidence of the amount due said owner of land and said corporation may be sued in an action of debt for the same

Sec. 14
In Case any married woman, infant, idiot, insane or nonresident person of this state who shall not appear after such notice shall have been returned “non est inventus” by the Sheriff of the County as aforesaid, and shall be interested in any such land or real estate or materials necessary for the building of the said Road as aforesaid the said Judge shall appoint some competent disinterested person to appear before the said Commissioners as Guardians ad Litem, and act for and in behalf of such persons, in this section named, The ordinary fees of the said Clerk and sheriff shall be allowed them, to be paid upon the same condition as the other expenses in the 1[?] of this act

Secⁿ 15
Said Corporation is hereby authorized to construct said Rail Road of such size and demensions as they may deem proper, and shall have power to regulate the time and manner in which Goods or any article, or passengers shall be transported taken and Carried on the same, and also to have power to erect and maintain toll houses and other buildings and appendages for the accomodation of their concerns as they may deem conducive to their interest

Sec. 16
Whenever it shall be necessary for the construction of their single or double rail road or tracks to intersect or cross any stream of water or water courses or any road or highway, it shall be lawful for said Corporation to construct their way or track or tracks across or upon the same; after which the ^said^ Corporation shall restore the stream, water course, road or highway thus intersected, as near as may be to its former state or so as [...?] not to impair its utility

Sec. 17
It shall be lawful for the company hereby incorporated, from time to time to fix, regulate and receive, the tolls and charges by them to be received for the transportation of property of what description soever the same may be, or persons on the single or double rail road or way aforesaid hereby authorized to be constructed, erected, built, made and used, and to take and receive tolls upon any point of said route wherever and as fast as sections of five miles are fully completed & built

Sec. 18.
If any person shall wilfully do, or cause to be done, any act or acts whatever, whereby any building, construction, work or appendages of said corporation, or any engine, machine or structure or any thing appertaining to the same, shall be stopped obstructed, impaired, weakened, injured or

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destroyed, every person so offending shall be deemed guilty of a misdemeanor and shall forfeit and pay to the said corporation treble the amount of damages sustained by means of such offence or injury, to be recovered in an action on the case in the name of said Corporation, with Costs of suit, before any justice of the peace, or before any court of record of this state and to be fined or imprisioned or both in the discretion of the Court, said fine to be not less than fifty nor more than one hundred dollars, and said imprisonment to be in the County Jail of said County for a term not less than one month nor more than three at the discretion of said Court.

Sec 18
It shall be lawful for the Directors to require payment of the sums subscribed or to be subscribed to the Capital Stock at such times, and in such proportions, and on such condition or conditions, as they shall deem fit, under the penalty of the forfeiture of such stock, and of all previous payment thereon; and they shall give notice of the payments thus required on said Capital Stock by an advertisement in one or more of the papers published in this State containing a notice of the time and place when the same are to be paid, sixty days previous to the payment of said stock.

(The Stock of said Company shall, and the same is hereby considered personal property, and may be transferred on the Books of said Company as such)

Said Corporation are hereby authorized to borrow or loan such sum or sums of money as they may deem necessary from time to time. Said sums taken together, at no time however, to exceed two thirds of the whole amount of Capital stock and for the payment of such sum or sums the credit of the said corporation may be pledged

Sec. 19. This Act shall be deemed a public Act, and shall be construed liberally in all courts within this state; for all the beneficial purposes therein intended, and all printed copies of the same which may or shall be printed by, or under the direction of the General Assembly shall be admitted as good Evidence thereof in any Court in this state, without any other proof whatever and this Act shall take effect and be in force, from and after its passage.