Sec [Section]1 Be it enacted by the people of the State of Illinois, represented in the General Assembly, That William C Anderson his associates, successors and assigns shall be, and are hereby constituted a body corporate, by the name and style of the Pittsburg and Mississippi Railroad Company” and shall continue for the term of forty years from and after the passage of this act: Provided, that the State of Illinois or the county of St. Clair, shall have the privilege at the expiration of the period aforesaid of purchasing the Rail way and other property authorized by this act to be held by the said company at the cost thereof, and six per centum per annum interest thereon.

Sec2 The company shall have the right and power to construct, and during its existence, to maintain and continue, a single or double Railroad or way, or a single or double track way, with such appendages and appurtenances as may be necessary for the convenient use of the same, from the town of Pittsburg in St. Clair county to the bank of the Mississippi river, at or near the town of Illinois, in the county of St. Clair, with the privilege of extending it along the foot of the hills or bluffs on the eastern edge of the American Bottom, to the distance of one mile on each side of the point or place where the road from the river aforesaid shall reach the bluffs to transport, take[,] and carry, persons and property on the same, by the power and force of steam, of annimals or any mecha[nism?] or other power, or by a combination of them [?] company shall chose to employ: and by [the?] name aforesaid, they are

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vested with the right and privilege of erecting, building or making a single or double Railroad or single or double ^track^ way, for the purpose [of?] using the same in the manner herein provided.

Sec 3 If the said corporation hereby created, shall not, within two years after 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 five years of the passage of this act, construct, finish and put in operation, the said single or double Rail road or way, or track way, from the river aforesaid to Pittsburg, then the said corporation shall forever cease, and this act shall be null and void.

Sec 4 The capital stock of said company shall be two hundred thousand dollars, with liberty to increase the same to three hundred thousand dollars.

Sec 5 The corporation is hereby authorized^empowered^ to purchase, receive[,] and hold, such real estate as may be necessary and convenient for 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 indispensible for the construction and maintainance of their Rail road or track way, and the accommodations and appurtenances 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 purpose of said road, as shall

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be made to the said corporation by the General or State Government, or by any corporation, company, individual[,] or individuals, to aid in the construction[] maintainance and accommodation of said Rail-road or track way, 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 otherwise which are not donations or owned by the 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 disagreements 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, superintendent or other authorized person or persons of said company to apply to some Justice of the county of St. Clair, 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 commissioner, superintendent or other authorized person or persons, and reasonable notice having been given to the owner of the property, said free holders shall assess the damages which they 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 reports, signed by at least a majority of them, one of which they shall deliver to the commissioner, superintendent or other authorized person or persons requiring said view and [?] and the other to the Justice

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of the Peace; and [?] 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 within twenty days to the Circuit Court of St. Clair county, by petition, setting forth the facts in the case, describing the land and premises and the necessity of such land for making said rail roads or track way, and the attempt and failure to purchase the same, with the name and residence of the owner of the same, and the reasons why the purchase cannon be made; and the Circuit Court aforesaid, acting and sitting as a Court of chancery, shall direct such notice to the owner and parties as shall be deemed reasonable, of the time of hearing the parties: Provided, that in case the appellee shall have had seven days previous 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 deposition, it shall make such order and decree in the premises as to it may seem proper & 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. It shall also order a conveyance of the land in controversy to be made when the decree shall be complied with on the part of the

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corporation. Whenever said order and decree shall be fully complied with, on the part and behalf of the corporation it shall be posessed of the land in controversy, and may 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 damage done to land by the agents of the company, passing through said land 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 Justice, he may set aside the first valuation; ^(^Provided the same shall be done within three days after the said valuation^)^ and appoint five other commissioner to appraise and value the materials or damages last aforesaid, whose award in the premises shall be final, and who shall apportion the [?]as may appear just, on one or both of the parties [?] case a married women, infant, insane person, or idiot or non-resident of the State, who shall not appear after such notice, shall be interested in any such land, or real estate, the Circuit Court of Justice of the Peace, shall appoint some competent and suitable person to appear before said commissioners of said Circuit Court and act for and in behalf of such insane person, married woman, infant, idiot or non-resident of the State.

Sec 6 The said corporation is hereby authorized 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 track way, and shall have power to erect and maintain

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toll-houses and the [buildings?] necessary for the accommodation of their [?] from time to time to fix, regulate, demand and receive the tolls and charges by them to be received, for transportation of persons or property on said single or double Rail-road or way, or on said single or double tranck way.

Sec 7 If any person or persons shall 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, stopped, obstructed, impaired, weakened, injured or destroyed, the person or persons so offending shall forfeit and pay to the said corporation [?] the amount of damages sustained by means of such offence or injury, to be recovered in the name of the 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 for injuries and offences done to the property of individuals.

Sec 8 Whenever it shall be necessary for the construction of the said Railroad or track way to intersect or cross any stream or water course, or any road or highway between the placed mentioned in the second section of this act, it shall be lawful for the said corporation to construct said Railroad or track way across or upon the same; but the corporation shall restore the stream or water course; road or high-way thus intersected, to its former state, or in a sufficient manner not

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to impair their usefulness.

Sec 9 The corporation created by this act, under the name and Style of “Pittsburg and Mississippi Railroad company,” shall have the right to sue in any Court of Law or equity in the State, having jurisdiction of the case, and prosecute the same to judgment and recovery; and to defend when being sued; plead and be impleaded, both at law and in chancery; and shall be entitled to all the privileges and rights, which such a corporation by Statutes or common law governing the case, ought and should of right have; and may have a common seal and alter and change the same at their pleasure.

Sec 10 The company aforesaid shall have power to make all the regulations [and?] by-laws requisite for the transactions of all business appertaining to their affairs: Provided, such by-laws and regulations are not in contravention of the provisions of this act, nor of the laws or Constitution of the United States, nor of the State of Illinois. The corporation aforesaid shall have power to negotiate for a loan or loans in aid of the purposes provided for in this act; to [release?] their capital stock, or other property for the security thereof: Provided, that said loans do not exceed the capital stock.

Sec 11 That in addition to the rights, privileges[,] and immunities hereinbefore [?]the said corporation are hereby authorized [?]to carry on the business of mining coal in [?] Bluffs in the

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vicinity of the said town of Pittsburg; and of transporting the [?]market on their said Rail way, and to dispose of the same in such manner as shall be deemed most advisable by the said company.

Sec 12 Nothing in this act shall be so construed as to prevent the State from constructing a Rail-road or Rail-roads, turnpike roads or other roads contiguous to the same company Rail way or intersecting or crossing the same, any where between the bluffs and the Mississippi river.