Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the president,

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directors and stockholders, and such other persons as may hereafter become presidents, directors and stockholders agreeably to the provisions of this act, in the incorporation hereby created, shall be continued 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. The said corporation shall have the power, right, and privilege to construct, build, and make, and during its existence to continue in repair a rail road or rail roads, 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 merchandise 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 term of sixty years from the passage of this act.

Sec. 3. The said corporation by the name and style aforesaid, shall, for the term aforesaid, have continued succession, and shall be capable in law and equity to sue and be sued, and to plead and be impleaded in all manner of actions whatsoever, and may make and use a common seal, and alter the same at pleasure.

Sec. 4. 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 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, powers, privileges, and immunities of the said corporation under this act, shall be null and void.

Sec. 5. If the said corporation should only construct and 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 and immunities as they otherwise would do should the said rail road be constructed and completed from Knoxville to Liverpool: Provided, That the privileges granted by this charter shall not extend to that part of the road between Canton and

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Knoxville for a longer period than is specified for the completing that part of the road which lies between Canton and Liverpool.

Sec. 6. The capital stock of said corporation shall be one hundred thousand dollars, which shall be divided into shares one hundred dollars each, which shall be deemed personal property, and shall be transferrable 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. That for the purpose of carrying into execution so much of the provisions of this act as relates to the first subscription of stock, Samuel Brooks, Myron Phelps, William Elliott, jr., Robert E. Little, Charles Kettell, D. W. Viltum, Thomas J. Little, Jonas Rawalt, and Joel Wright be, and they 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 may be designated by the said commissioners, or a majority of them, to open books to receive subscriptions 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, which 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 stockholders, 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 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

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over the subscription books together with all moneys by them received for and on account of subscription, to the directors so chosen.

Sec. 8. 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 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.

Sec. 9. The directors chosen as aforesaid shall, as soon as may be, after election, choose out of their own number a president, who shall preside until the next annual election thereafter and until another president shall be chosen, and in case of the death or resignation of the president or of any director, the vacancy 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.

Sec. 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 and 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 con-

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stitution 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 may, by their agents, engineers, aud 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 accommodations 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, to aid in the construction, maintenance and accommodation of the said single or double rail road. The said corporation are also empowered to purchase, receive, and appropriate to the construction, building and making of said track or railway, 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; and 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; where-

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upon, the said clerk shall have power, and is hereby authorised and directed to issue, under the seal of the said court, a notice in writing to the other party, informing him of the filing of said petition as aforesaid, with the time and place of the commencement of the 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, and 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 lease twenty days before the said sitting of the court. The said clerk shall be authorised 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 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, unbiassed, and disinterested eommissioners, 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 herein after 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 the proof as aforesaid, for benefit and 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 authorised to administer any oaths to witnesses of either party for the purpose aforesaid. The said commissioners may be appointed and 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

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by the commissioners. The said corporation shall pay all the expenses necessarily incurred in ascertaining said appraisment, unless they shall have previously to the commencement of the proceedings herein before mentioned, tendered a sum of money to the owner of said land, which shall be at least equal in amount 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. The said judge shall make an 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 allegations 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 provisions of this section of this act, and all other facts necessary to a compliance with this 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 non-resident 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 conditions as the other expenses in the thirteenth section of this act.

Sec. 15. Said corporation is hereby authorised to construct said rail road of such size and dimensions as they may deem proper, and shall have power to regulate the time and manner in which goods or any articles, or passengers shall be transported, taken, and carried on the same. And also to have power to exact and maintain toll houses and other buildings and appendages for the ac-

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commodation 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 track 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 authorised to be constructed, erected, built, made and used, and to take and receive tolls upon any point of said route whenever and as fast as sections of five miles are fully completed and 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 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 imprisoned 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. 19. 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 payments 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.

Sec. 20. This act shall be deemed a public act and

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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.

Approved March 1st, 1837.