Sec[Section] 1st
Be it enacted by the people of the state of Illinois represented in the General Assembly That John Winstanley A. W. Snyder Gustav P. Koerner Henry OHara,, and Isac Tolin and their Associates. successors and assigns be, and they are herby Created a body corpor^? [?]^ and Politic under the name of the Tamarawa and Mississippi rail road Company and by that name shall be and are herby made capable in law, to sue and be sued to final Judgment and execution plead and be Impleaded defend and be defended in any courts of record or ^in^ any other place whatsoever, to make, have and use a common seal, and the same to renew or alter at pleasure, and shall be and are herby vested with all the priviledges powers and Immunities, which are or may be necessary to carry into effect ^the^ purpose and object of this act. as hereafter set forth and said company are herby authorised and empowered, to locate, construct, and finally complete a rail road Leading from the mississip[pi] river near Wilsons ferry,, to the town of Tamarawa on the Kaskaskia river in such manner and form as they shall deem ^to be moast^ expedient and for this purpose. the said company are authorised to Lay out their said road, not exceeding 6 rods wide through the whole length and for the purpose of cutting
Be it enacted by the people of the state of Illinois represented in the General Assembly That John Winstanley A. W. Snyder Gustav P. Koerner Henry OHara,, and Isac Tolin and their Associates. successors and assigns be, and they are herby Created a body corpor^? [?]^ and Politic under the name of the Tamarawa and Mississippi rail road Company and by that name shall be and are herby made capable in law, to sue and be sued to final Judgment and execution plead and be Impleaded defend and be defended in any courts of record or ^in^ any other place whatsoever, to make, have and use a common seal, and the same to renew or alter at pleasure, and shall be and are herby vested with all the priviledges powers and Immunities, which are or may be necessary to carry into effect ^the^ purpose and object of this act. as hereafter set forth and said company are herby authorised and empowered, to locate, construct, and finally complete a rail road Leading from the mississip[pi] river near Wilsons ferry,, to the town of Tamarawa on the Kaskaskia river in such manner and form as they shall deem ^to be moast^ expedient and for this purpose. the said company are authorised to Lay out their said road, not exceeding 6 rods wide through the whole length and for the purpose of cutting
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embankments and procureing stone and gravel may take as much more land as may be necessary, for the proper construction
and security of said road, provided, however that all Damages that may be occasioned
to any person ^or^ corporation by the taking Land or materials for the purposes aforesaid, shall be
paid for by said corporation in the manner hearafter provided
sec 2. The Capital stock of said company shall consist of two thousand shares of one hundred dollars each, and the Immediate
government and direction of the affairs of said company shall be vested in a board of not less than five Directors, who shall be chosen by
the members of the corporation in the manner hereinafter provided, and shall hold their offices untill others be duly quallified to take their places as directors, a majority of whom, shall form a quorum for the
transaction of business shall elect one of their ^own^ number to be president of the board who shall also be president of the Company, and shall have authority to choose a Clerk who shall be sworn to the faithfull discharge of his duty, and a treasurer who shall give bonds to the corporation with sureties to the satisfaction of the directors in a sum
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not less than twenty ^Ten^ thousand Dollars for the faithful discharge of his trust
Sec 3rd
The president and directors for the time being are herby authorised, and empowered by themselves or their agents, to exercise all the powers herin 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 hertofore granted as may be necessary and proper, and to carry into effect the object of this grant, to purchase and hold land, materials engines, cars, and other necessary things in the name of the corporation for the use of said road and for the transportation of persons goods and merchandize to make such equal assessments from time to time, on all the shares of said company, as they may deem expedient and necessary, in the execution and 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 subscriber shall neglect to pay his assessments, for the space of thirty days, after due notice by ^the^ treasurer of said company,, the Directors may order the treasurer to sell such shares or share at
The president and directors for the time being are herby authorised, and empowered by themselves or their agents, to exercise all the powers herin 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 hertofore granted as may be necessary and proper, and to carry into effect the object of this grant, to purchase and hold land, materials engines, cars, and other necessary things in the name of the corporation for the use of said road and for the transportation of persons goods and merchandize to make such equal assessments from time to time, on all the shares of said company, as they may deem expedient and necessary, in the execution and 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 subscriber shall neglect to pay his assessments, for the space of thirty days, after due notice by ^the^ treasurer of said company,, the Directors may order the treasurer to sell such shares or share at
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public auction after giving due notice therof to the highest bidder, and the same shall be tranferred to the purchaser, and such delinquent subscriber shall be held accountable to the
company for the balance, if his share or shares sell for less than the assessment
due thereon, with Interes[t] and costs of sales and shall be entitled to the overplus of his share or shares,
^shall^ sell for more, than the assessment due ^thereon^ with Interest and costs of sale; Provided however that no assessment shall be laid
upon any shares in said company of a greater amount than one hundred Dollars on a share.
sec. 4 The said Company shall have power to make, ordain ^and Establish^ all such bye laws rules, regulations ordinances, as they shall deem expedient and
necessary to accomplish the designs and purpos[es] and to carry into effect the provisions of this act, for the assignment and transfer
of its stock, and for the well ordering regulating and securing of the Interest, and
affairs of the company. Provided the same be not repugnant to the constitution and laws of this state or of the United states
sec 5.
A toll shall be ^and is^ herby, granted and established for the sole benefit of said company, upon all
A toll shall be ^and is^ herby, granted and established for the sole benefit of said company, upon all
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passengers, and property of all descriptions which may be conveyed or transported
upon said rail road at such rates per mile as may be agreed upon and Established, from time to time by
the directors of said Company. The transportation of Persons and property, the construction of wheels, the form
of cars and carriages, the weight of Loads, and all other matters and things in relation
to the use of said rail road, shall be in conformaty to such rules, regulations and provisions, as the directors from time to time prescribe
and direct, and such rail road may be used by any persons who shall comply with such rules and regulations. Provided
however, that if at the expiration of ten years, from and after the completion of
said road, the nett income or receipts for tolls and other profits taking the ten years aforesaid, as
the basis of calculation, shall have amounted: to more than ten per cent per annum upon the cost of said road, the Legislature may take measures to alter
^and^ reduce the rates of toll and other profits, in such a manner as to take of the overplus
for the next ten years, calculating the Amount of transportation, upon the road, to
be the same, as the ten preceeding years, and at the expiration of every ten years thereafter the same proceedings may
be had Provided further that the Legislature
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the Legislature shall not at any time, so reduce the toll and other profits, as to
produce less than ten per. cent. upon the cost of said rail road, without the Consent of the Corporation.
sec. 6.
The directors of said company for the time are herby authorised to erect toll houses, establish gates, appoint toll gatherers and demand toll upon the road when completed, and upon such parts thereof as shall from time to time be completed.
The directors of said company for the time are herby authorised to erect toll houses, establish gates, appoint toll gatherers and demand toll upon the road when completed, and upon such parts thereof as shall from time to time be completed.
sec. 7. The said company shall be holden to pay all damages, that may arise to any person or persons, Corporation
or Corporations, by taking, their Land for said rail road, when it 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
Sec. 8. That when the Lands, or other property or Estate of any Feme Covert, infant
or person non Compos mentis, ^shall be taken for the use of the road as aforesaid, the husband of such feme covert
or guardian of such infant or person non compos mentis^ may release, all damages, for any Lands, or Estate, taken or appropriated, as aforesaid
as they might do if the same were holden by them in
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their own right respectively.
Sec 9. That if any person shall wilfully, maliciously, or wantonly, and contrary to
law obstruct, the passage of any carriage, on said Rail Road, or in any way spoil, Injure, or destroy said Rail Road, or any part thereof or any thing belonging therto, or any materials, or Implements, to be employed in the construction, or for the
use of said road he, she, or they, or any person or persons, assis[t]ing, aiding or abetting in such tresspass shall forfeit, and pay to said company, for every such offence, treble such damages, as shall be proved before the Justice, court or Jury, before
whom the trial shall be had, to be sued for and recovered before any Justice or any
court proper to try the same by the treasurer of the company, or other officer whom they may direct, to the use of said company, and such offender or offenders, shall be liable to indictment by the grand inquest
for the county, within which such trespass shall have been committed, for any offence or offences, contrary to the above provisions, and on conviction thereof before any court competent
to try the same, shall pay a fine not exceeding
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one hundred dollars, nor less than Thirty dollars to the state; or may be imprisoned
for a term not exceeding one year, at the discretion of the court before whom the
conviction may be had
sec. 10. The annual meeting of the members of said Corporation shall be holden on the first Monday of June, at such time and place as the directors
for time being, may appoint; at which mee^t^ing the directors shall be chosen by ballot each proprietor being entitled to as many
votes as he holds shares: Provided that no vote shall be given by any proprietor,
by reason of any share held by him exceeding one tenth part of the whole number of
shares; and the person, and the person first named, or any two of the persons named therein, are herby authorised to call the 1st meeting of said corporation, by giving notice in the St Clair Gazette, of the time and place and purpose of such meeting, at least fifteen days before
the time mentioned in such notice.
Sec. 11. If said rail road in the course thereof cross any river, canal, turnpike or highway the said corporation shall so construct said ^rail^ road, as not to obstruct the safe and convenient use of such river, canal, or turnpike
or highway.
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Sec. 12. That if said company, shall have been organized, and the location of the route filed with the ^county^ commissioners of the county or counties in which the Land proposed to be taken for
the use of said rail ^road^ is situate, Previous to the 1st of September, in the year of our Lord 1840, and if said rail road corporation shall fail to complete said rail road on or before the first day of January, Eighteen hundred and fifty: in either of the
above named cases, this act shall be null and void
sec 13 The Rail Road company shall constantly maintain in good repair, all bridges, with their abutments, and
embankments which they may construct, for the purpose of conducting their Rail Road over any canal river, or turnpike, or other highway
sec. 14. That it shall be in the power of the ^state^ at any time during the continuance of this Charter, after the Expiration of thirty
years from the opening for use of the Rail Road through, Provided it be made to purchase of said company, the said Rail Road and all the franchises, rights, and priviledges, of ^the^ said company, by paying them therefor the amount expended in making said rail road, with Ten^Twelve^ per cent per annum Interest thereon
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and after such pur^c^hase the limitation, provided in the fifth , section of this act, shall cease and be of no effect: and it shall be the duty of
said company from year to year to make report to the Legislature of their acts and doings, receipts and expenditures, under the provisions of this
act
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12
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3.
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a Bill for An Act to Incorporate the Tamarawa and Mississippi Rail Road Company
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02/[02]/[1837]
02/[02]/[1837]
Read twice and & laid on table
Feb [2?]
Feb [2?]
Handwritten Document, 10 page(s), Folder 411, SB 153, GA Session 10-1, Illinois State Archives (Springfield, IL) ,