A Bill
For an act to incorporate the chester and Nashville^Pincknyville^ Rail Road Company
For an act to incorporate the chester and Nashville^Pincknyville^ Rail Road Company
Sec[Section] 1 Be it enacted by the people of the State of Illinois, represented in the General assembly: That Joseph B. Holmes, [Gabriel?] Jones and John W. Dade of the County of Randolph, Joseph Dennis, Henry Varm and Charles McCord of the County of Washington, Hum^phrey^ B. Jones and Levy Green of the County of Perry, their associates successors, and assigns are hereby created a body corporate and
politick under the name and style of the Chester and Nashville ^and Pinckneyville^ Rail Road Company, and by that name may be, and hereby are made capable in law and equity to sue and
be sued to final Judgment and execution, plead and be impleaded, defend and be defended,
in any court or courts of record, or in any other place whatever; to make have and
use a common seal, and the same to break, renew, and alter at pleasure; and shall
be, and are hereby vested with all the powers, priviledges, and immunities, which are, or may be necessary, to carry into effect the purposes
and objects of this act, as hereinafter set forth. And the said Company are hereby authorised and empowered to locate, construct, and finally complete a rail road commencing at the town of Chester in the County of Randolph ; thence to Columbus in said County; thence to Nashville in Washington County, in such manner and form as said company shall deem most expedient; and for this purpose said Company are authorised to lay out their said road at least six rods wide; and for the purpose of cutting
embankments, stone and gravel, may take
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as much more land as may be necessary for the proper Construction and security of
said rail road: Provided, that all damages that may be occasioned to any person or corporation,
by the taking of such land or materials, for the purposes aforesaid, shall be paid
for in the manner hereinafter provided
Sect 2 The Capital stock of said company shall be three hundred thousand dollars with liberty to increase the same from time
to time, by new subscriptions in such manner and form as they shall think proper,
if such increase shall be found necessary to fulfill the intent of this Act, which
said Capital stock shall be divided into shares of fifty dollars each; and the immediate
government and direction of the affairs of said company, shall be vested in five directors, whom shall be chosen by the members of the Company, in the manner hereinafter provided, who shall hold their offices for one year, and
until others shall be duly elected and qualified to take their places as directors;
and the said directors, a majority of whom shall form a quorum for the transaction
of business, shall elect one of their number President of the board, who shall also
be president of the Company, and shall have authority to chose a clerk, who shall be sworn to the faithful discharge
of his duty—and a treasurer, who shall give bond to the Company, with sureties to the satisfaction of the directors
Sect 3 The president and directors, for the time being are hereby authorised and empowered by themselves or their agents, to exercise all the powers and authority
herein gran-
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ted, 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 effect the object of the
grant; to purchase, and hold lands, materials and other necessary things, in the name
of the Company, for the use of the road; to make such equal assesments from time to time, on all ^the^ shares of said Company, as they may deem expedient 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 shall give notice of all such assesments. The board of directors shall have power to adopt rules and and bye-laws, regulating the manner and time of payment of all assesments they may order under such penalties as they may deem proper
Sect 4 Said Company shall be holden to pay all damages that may arise to any person or persons, Corporation
or Corporations, by taking their lands, gravel or stone, for the use of said rail road, when the same cannot be obtained by voluntary agreement, to be estimated and recovered
in the manner provided by law for the recovery of damages happening by the laying
out of highways
Sect 5 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 guardian
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of such infant, or person non Compos Mentis, may release all damages in relation to the land or estate to be taken and appropriated
as aforesaid, as fully as they might do, if the same were holden in their right, respectively
Sect 6 If any person shall wilfully, maliciously, or wantonly and contrary to law, obstruct
the passage of any car on said rail road, or any part thereof, or any thing belonging thereto, he, she, or they, or any person
assisting shall forfeit and pay to said Company, for every such offence, treble such damages as shall be proved before any court
competent to try the same, to be sued for in the name, and in behalf of said Company; and such offender or offenders shall be deemed guilty of misdemeanor, and liable
to indictment, in the same manner as other indictments are found, in any county or
counties where such offence shall have been committed; and upon conviction such offender
or offenders shall be liable to a fine not exceeding five thousand dollars, for the
use of the County where the indictment may be found, or may be imprisoned not exceeding
one year, at the discretion of the Court before whom the the conviction may be had
Sect 7 If the said rail road, in the course thereof, shall cross any river, canal, turnpike or other high way,
the said rail road shall be so constructed as not to impede, or obstruct the safe
and convenient use of such river, canal turnpike, or other highway; And said company hereby created, may construct a lateral road from Pinckneyville in Perry County, through Georgetown in Randolph to the nearest
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practicable pont of said rail road; which lateral rail road may be made and constructed in the same manner and to be subject to the same rules
and regulations when completed that the main road is by this Act
Sect 8 The time of holding the annual meetings of said Company for the election of directors, shall be fixed and determined by the by-laws of said ^Company^; and at all meetings each stockholder shall be entitled to vote in person, or by
proxy, duly authorised, one vote for each share he, or she may own.
Sect 9 That Seth Allen Robert Jones, Robert G. Shannon Darius Greenup, Leviray Carter, Gilbert Nettleton and and William Edwards, are hereby appointed commissioners to open subscriptions books for the stock of said Company. Said commissioners, or a majority of them, are hereby authorised to open subscription books for said stock, at such places as they may deem proper, and shall give at least thirty
days notice of the time and place where such books shall be opened, and shall keep
the same open for five days, unless the whole number of shares of said company shall be sooner subscribed; and they shall require each subscriber to pay one dollar
on each share subscribed, at the time of subscribing; and at the termination of said
term of five days, or sooner, if the whole amount of said shares shall be taken, said
commissioners shall call a meeting of the stockholders, by giving ten days notice
in some publick newspaper printed in this state, of the time and place of such meeting. At such meeting, it shall be lawful to elect
the directors of said company; and when the directors of said company shall have been chosen
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the said commissioners shall deliver said subscription books, together with all sums
of money received by them, to said directors; Provided; that no election shall be
held untill at least one hundred thousand dollars of said stock shall have been subscribed; and
Provided that each director, shall at the time of his election, hold at least two
shares of the capital stock of said company.
Sect 10 Said board of directors shall have power to make, ordain, and establish such
bye-laws, rules and regulations, and ordinances, as they may deem expedient and necessary
to accomplish the purposes, and carry into effect the provisions of this act, and
for the well ordering, regulating and securing the interests and affairs of said company; Provided the same be not repugnant to the Constitution and laws of this state, or of the United States
Sect 11 That if the Corporation hereby created, shall not within ten years from the passage of this act, construct,
and finish, and put in opperation, the ^said^ rail road and lateral branch, or any part thereof, as shall be deemed expedient by
said corporation, then the said corporation shall thence forth and forever cease, and this act be null and void
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No 386
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A Bill For an Act to incorporate the Chester and Nashville ^and Pinckneyville^ Rail Road Company
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Passed
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[02]/13/[1837]
[02]/13/[1837]
Engd[Engrossed]
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5
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[01]/[31]/[1837]
[01]/[31]/[1837]
2d Reading.
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[01]/[31]/[1837]
[01]/[31]/[1837]
Laid on table
Handwritten Document, 8 page(s), Folder 396, SB 138, GA Session 10-1, Illinois State Archives (Springfield),