Sec[Section] 1. Be it enacted by the people of the state of Illinois, represented in the General assembly That Thomas Wilbourn, Wm W Babb, Wm Bassett, Isaac C Spence, N. B. Thompson and B. W Schneider of Beardstown, H. H. Hall, Redrick Horn, Amos S. West, Robert Crawford and Stephen Lee of Morgan County, John B. Broadwell, Elijah Iles, Archer ^G^ Herndon, Caps Wharton Ransdell, Henry B. Truett, Peter Vanburgen, Jesse B. Thomas and Bela C. Webster of Springfield, and all such persons as shall become stockholders, according to the provisions of this act, shall be, and they are hereby constituted a body corporate, by the name of the “Springfield and Beardstown Rail Road Company” and shall continue for the term of fifty years from and after this act.
Sec. 2. The corporation shall have the right and power to construct, and during its existence, to maintain and continue, a single or double rail road or way, or a single or double trackway, with such appendages and appurtenances, as may be necessary for the convenient use of the same, from Springfield in the county of Sangamon, and running thence to such point in the Town of Beardstown in the Illinois River, now in the county of Morgan, as the directors of said company shall direct; 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, or by a combination of them, as said company shall, choose to employ: and by their name aforesaid they are vested with the right and privilege of erecting, building and making a single or double rail road or way or a single or double trackway, for the purpose aforesaid, and the right of useing
<Page 2>the same in the manner hereby provided, for and during the term of fifty years.
Sec 3. If the said corporation hereby created, shall not, within four years, from the passage of this act, commence the construction of said road or way, and expend at least 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 single or double rail road, or way; or trackway, then the said corporation shall forever cease, and this act shall be null and void.
Sec 4. The capital stock of said corporation hereby created, shall be Two Hundred ^thousand^ Dollars, with liberty for said company if they shall deem it necessary to increase the same to any amount ^which^ they may think necessary to finish the work; which shall be divided into shares of fifty dollars each, and which shall be transferable, in such manner as said corporation may direct, and the same shall be deemed personal property.
Sec 5. Thomas Wilbourn, Wm W Babb, Wm Bassett ^Isaac C Spence,^ N. B. Thompson, H. H. Hall, Redrick Horn, Amos S. West Robert Crawford, Stephen Lee, John B. Broadwell, Elijah Iles, Archer G Herndon, Capt Wharton Ransdell Henry B Truett, Peter Vanburgen, Jesse B Thomas and Bela C Webster of springfield shall be the commissioners, the duty of whom, or a majority of whom, it shall be within one year from the passage of this act, at the towns of springfield, Virginia & Beardstown, or in any other towns, cities or other places, as said company may deem expedient to open books; and receive subscriptions to the capital stock of said corporation; and twenty days ^public^ notice of the time and place of opening such books, shall be previously given in the newspapers
<Page 3>^printed in ^^springfield^ or elsewhere; and the said commissioners shall, at the time of subscription, by any person or persons for the capital stock of said corporation, require the payment to them by the person or persons so subscribing, of five dollars towards and upon, every share of fifty dollars so subscribed, and unless the same ^shall^ be paid, the subscription shall be invalid; and in case a greater amount of capital stock shall be subscribed, than two hundred thousand dollars, the said commissioners may either retain the subscriptions as an enlargement of the capital stock (provided said subscriptions do not exceed the cost of said rail road or trackway) or shall distribute the stock in such manner as a majority of them may think most advantageous to ^the interest of^ said company. But in case the capital stock should not be subscribed for, then the said commissioners shall be authorized to reopen said books for the subscription of stock, at such times and places, and in such manner, and after such notice, as they or a majority ^of them^ shall direct.
Sec 6. Whenever said capital stock shall have been subscribed, and distribution thereof made, as aforesaid, or as soon as Twenty five thousand dollars of said stock shall be taken; it shall be the duty of said commissioners, to give twenty days public notice, in some newspaper, printed in Springfield, for a meeting of the stockholder[s] of said company to meet in Springfield, to choose nine Directors, and such election shall then and there be made by such of the stockholders as shall attend, either in person, or by lawful1 proxy: each share of the capital stock, owned ten days previous to the day on which any election for directors shall take place, shall entitle the owner and holder to one vote, either pers[o]nally or by proxy; said commissioners shall be inspectors of
<Page 4>the first election of directors of said company, and shall certify, under their hands, the name of those duly elected, and deliver over the subscripti[o]n money, Books, and papers, to said directors; and the time of holding the first meeting of the directors shall be fixed by the said commissioners.
Sec 7. The said directors shall cause such examinations and surveys, for the said rail road or trackway, to be made, as may be necessary to the selection, by them of the most a[d]vantageous line, course, or way, for the said rail road or trackway, on the route set forth in the second section of this act; and, and shall, after such examinations and surveys shall be made, select, and by certificates under their hands and seals designate, the line, course, or way, which they, or a majority of them shall deem most suitable, and advantageous for said Rail Road or trackway: one report, surveying courses and distances, with a certificate of the directors annexed thereto, shall be filed in the offices of the Recorders of the counties of morgan and sangamon, and by them recorded and preserved, which line, cause or way, so selected, certified, filed and recorded, shall be deemed the line, course, or way, on which the corporation shall construct, erect, build or make the rail road or trackway above described.
Sec 8. The first directors to be chosen, shall hold their offices until the first Monday in June, in the year next succeeding their election, and until others shall be chosen; and every election of directors thereafter, shall be held annually at Beardstown on the first Monday of June, in each and every year; notice of the same being first given twenty days previous thereto in a public newspaper printed in Beardstown or springfield.
Every election shall be held, under the inspection
<Page 5>of three stockholders not being directors, who shall be previously appointed by the board of directors. All elections shall be held by ballot, and a plurality of votes given shall constitute a choice. No stockholder shall be eligible to the office of director, unless he shall own stock to the amount of, at least, of one Hundred dollars. In case an equal number of votes shall be given for any two or more for directors, the remainder ^of the directors^ shall, by ballot, determine, who shall be entitled to a seat at the board.
Sec 9. In case it should happen at any time happen that an election of directors shall not be made, on any day pursuant to this act, it ought to have been made, the corporation shall not for that cause be dissolved; but such election may be held at any other time directed by the by laws of the corporation within sixty days after the day on which it should have been held, and the directors shall continue to act until a new board is elected.
Sec 10. The corporation is hereby empowered, to purchase, receive, and hold such real estate as may be necessary and convenient for the accomplishing the objects, for which this act of incorporation is granted, and may by their agents, surveyors, and Engineers, enter upon, and take possession of and use all such lands and real estate, and materials as may be indispensable for the construction, and maintainence of their rail road or trackway, and the accommodations and appurtenances thereto; and may required, and appertaining thereto; and may also receive, hold and take, all such voluntary grants, and donations of land and real estate, and materials for the purposes of said road, as shall be made to the said corporation, by the General of State Government, or by any corporation, company or individual or individuals, to aid in the construction, maintenance, and accommodations of the said rail road or trackway: completely vesting in said company and corporation, absolutely in fee simple, the same;— but all lands and real estate thus entered upon, for materials or
<Page 6>otherwise, which are not donations, or owned by the said company, shall be purchased by the said corporation, of the owner, or owners thereof, at a price to be agreed upon, mutually, by the company and the owner or owners. In case of disagreement as to price, and before the taking any materials, or making any part of said road, on said land in controversy; it shall be lawful for the commissioner, superintendant, or authorized person, or persons, ^of said company^ to apply to some Justice of the peace of the county in which such case may occur; who shall cause five free holders to be summoned, who, after being sworn faithfully, and impartially to examine the materials or ground to be pointed out to them by the commissioners superintendant, or, other authorized persons or persons, and reasonable notice having been given to the owner of the property: said free holders shall assess the damages which they shall believe such owner or owners will sustain, over and above the additional value which such land will derive from the construction of such road, and make a report, signed by at least a majority of them: one of which they shall deliver to the commissioner, Superintendant, or other authorized person or persons, requiring said view and assessment, and the other to the Justice of the peace; and the amount of damages and costs, being paid, to the owner, or owners, which shall have been assessed, or deposited with the Justice of the peace,—the road may be constructed, located, and materials taken. If either party shall be dissatisfied with the valuation, where lands are in question; an appeal may be taken in twenty days to the Circuit court of the proper county, by petition, setting forth the facts of the case, describing the lands and premises, and the necessity of such land, for making said rail road or trackway; and the attempt, and failure to purchase the same, with the name, and residence of the owner of the
<Page 7>same, and the reasons why the purchase cannot be made; and the circuit court aforesaid, sitting, and acting as a court of chancery, shall direct, such notice to the owner and parties, as Shall be ^deemed^ reasonable, of the time andplace of hearing the parties. (Provided that in case the appellee shall have had seven days notice of the taking of the appeal, no further notice shall be necessary, but said court shall proceed to hear and determine said cause as speedily as practicable) and upon proof of the service of notice, of the appeal, and upon hearing the testimony of the parties, — which may be taken orally or by dispositions, it shall make such order and decree in the premises, as to it may seem proper and equitable; and may either increase or diminish the amount of damages assessed, or reject said petition altogether; and shall also make such order for the payment of costs as may be just and proper, and shall order a conveyance of the land in controversy to be made, when the decree shall be complied with, on the part of the corporation. Whenever said order or decree shall be fully complied with, on the part ofthe^and in behalf of said^ corporation, it shall be possessed of the land in controversy, and enter upon, and take possession of, and use the same for the purposes of said road. Where a difficulty shall arise, as to the value of materials which may be needed to construct said work, or the amount of damages done to land, in collecting materials aforesaid, there shall be no appeal to the circuit court: but in case the parties, or either of them shall be dissatisfied, and it shall appear to the Justice that it is right and necessary to the the Justice; he may set aside the first valuation, provided the same shall be done in three days after said valuation, and appoint five other commissioners to appraise and value
<Page 8>the materials, or damages last aforesaid, whose award in the premises shall be final, and who shall apportion the costs, as may appear just, on one of both of the parties.
Sec 11. In case any married woman, infant, idiot, or insane person, or non resident of this state, who shall not appear after such notice, shall be interested, in any such land or real estate; the circuit court, or Justice of the peace shall appoint some competent person and suitable person to appear before said commissioners or said circuit court, and act for and in behalf of such married woman, infant, insane person, idiot, or non resident of the state.
Sec 12. The said corporation is hereby authorised and empowered to regulate the time and manner, in which Goods, passengers, and property; shall be transported, taken, and carried on said Rail Road or Trackway; and shall have power to erect and maintain, toll houses, and other buildings, necessary for the accommodation of their concerns, and from time to time, fix, regulate, demand, and receive, the tolls and charges, by them to be received, for transportation of passengers ^or property^ on said rail road or way, on said double or single trackway.
Sec 13. Five directors of the said corporation, shall form a board, and they, or a majority of them, shall be competent to transact all the buisiness of the said corporation; and they shall have full force and power, to make and prescribe, all such rules, by laws, and regulations, as to them shall appear needful and proper, touching the management and disposition of the stock, property, and estate of the said corporation; the transfer of shares, and touching the duties and conduct
<Page 9>of their officers and agents, and elections of directors, and all other matters whatsoever, which may appertain to the concerns of said corporation.
It shall also be lawful for said directors to require payment of the sums to be subscribed to the capital stock, at such times, and in such proportions, and on such conditions, as they shall deem fit and right; under the penalty of the forfeiture of all previous payments thereon, and shall give notice of the payments thus required, and of the place and time, when and where the same are to be paid, at least twenty days previous to the payment of the same, in some public newspaper, printed in Springfield or Beardstown.
Sec 14. If any person or persons shall willfully 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 matter or thing pertaining to the same, shall be stopped, obstructed, impaired, weakened, injured or destroyed; the person, or persons so offending, shall forfeit and pay to to the said corporation, treble the amount of the damages sustained, by means of such offence or injury to be recovered in the name of said corporation, with costs of suit, by action of debt; and shall likewise be subject to be indicted, for injuries and offences against the property of ^[
...?]^ said corporation, as fo[r in]juries ^or offences^ done to the property of Individuals.
Sec 15. It shall be lawful for any rail road company, which may hereafter be incorporated, to join and unite with the rail road or trackway hereby created and incorporated, at any point at which the directors of the company hereafter to be created and incorporated, may think adviseable, and on such terms, as the directors of the two companies
<Page 10>may respectively agree upon; and in case of a disagreement between the directors of said companies, then upon such terms as the circuit court of Sangamon County, shall, upon a full view and hearing of all the facts, connected with the case, determine to be equitable and just between said companies.
Sec. 16. The corporation hereby created, under the name of “The Springfield and Beard[stown] Rail Road company”” Shall have the right to sue in any court of law or equity in this state, having jurisdiction of the case; and prosecute the same to judgement and recovery, and defend when sued, plead and be impleaded, both at ^the^ law, and in chancery, and shall be entitled to all the privileges, and rights, which such a corporation, by the common or statute laws, governing the case, ought, and should of right have; and may have a common seal, which they may alter and change at their pleasure. The whole of the stock of the corporation, shall be deemed personal property; and, together with all tools, implements, and machinery, and apparatus of every description, used and employed, or on hand, and belonging to said Company, shall be liable to be seized, executed and sold, after judgment, or decree; to make good, any contract, agreement, or stipulation, made by any agent, superintendant, or other authorised agent person or persons of said company; and it shall be a sufficient service of process, or notice, in all cases, to leave a copy of the same, with the president of the board of directors, or the secretary of the company, or in case of his absence from the county
<Page 11>to leave a copy of ^the^ same, at the office thereof.
Passed the Senate Feby 25J B Thomas Jr
A bill Entitled “An act to incorporate the Beardstown and Springfield Rail Road Company”
to be enrolled
Handwritten Document, 12 page(s), Folder 475, SB 231, GA Session 10-1, Illinois State Archives (Springfield, IL) ,