Sec[Section] 1 Be it enacted by the people of the State of Illinois, [re]presented in the General Assembly, That Ephraim K. Hubbard Geo. W. [?] Walter [Harbery?], Gurdon S. Hubbard, George H. [Halliday?] [?] Charles S. [?] John H. Kinzie and David [Hunter?], and their associates, successors and assigns, are [hereby?] created a body corporate and politic, and [?] [name and style?] of the Chicago and Danville Rail road Company,” for the [term?] of [?] years, and by that name may be and they [?] hereby made capable in [?] equity to sue and be sued, plead and be impleaded, defend and be defended, in any Court or Courts of record; to make, have and use a common seal, and the same to renew and alter at pleasure; and shall be and are hereby vested with all the powers, privileges and [immunities?] which are or may be necessary to carry into effect the purposes and objects of this act, [?] authorized and empowered to locate, [construct?] and finally complete a Railroad from Chicago to Danville at the depot of the Northern Cross railroad, upon the most eligible and ^24^ [convenient?] route; ^(^and said Corporation is hereby ^28^ authorized to join and connect with the [Northern Cross?] Railroad,^)^ and for this purpose the said Company are hereby authorized to lay out their [?] road [?] through the whole length, and for the purpose [?] stone and gravel, may take so much more [?] as may be necessary for the proper construction and [secu-?]

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[?] [Provided?] [?] any person or corporation by [?] such lands or materials for the purpose aforesaid shall be paid for by the company in the [manner?] hereinafter provided.

Sec [2?] The Capital stock of said company shall consist of one million five hundred thousand dollars to be divided into shares of one hundred dollars each; which stock shall be transfe[rable?] under the regulations of said Company. The [?] [government?] and direction of said comp[?] shall be vested in five directors, who shall be chosen by the stockholders of said company in the manner hereinafter provided, who shall hold their offices for one year after their election, and until others shall be duly elected and qualified to take their places as directors; and said directors, a majority of whom shall form a quorum for the tra[nsac?]tion of business; shall elect one of their [mem?]bers President of the board, who shall [?] be the President of the company.

[Sec. 3] The said corporation is hereby authorized by their agents, Surveyors, and Engineers, to cause such examinations and surveys of the ground and country to be made between said [points?] as shall be necessary to determine the most advantagious route for the proper line or course wherein to construct their said Railroad; and it shall be lawful be lawful for the said corpor[ation?] to enter upon and take possession of and [?] such lands and real estate as may be [?] to the construction and maintainance of [their?] said Railroad and the accommodations re[?]

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[and?] appertaining to the same, and may also hold all such lands as they may purchase or receive in any manner for the necessary purposes of said road: Provided, that all lands or real estate entered upon and taken possession of and used by said corporation for the purposes and accommodations of the said Railroad, or upon which the site for the said Railroad shall have been located or [determined?] by the said corporation, shall be paid for ^by^ the said corporation in damages, if any be sustained by the owner or owners [?] by the use of the same for the purpose of said Railroad, which damages shall be ascertained in the same manner that damages are ascertained in the case of Public roads, running through the lands of individuals, some one of the directors acting in the stead of the supervisor of the general [road?] law.

[Sec?] 4 If any person shall wilfully, maliciously, [or?] wantonly and contrary to law, obstruct the passage of any carr on said Railroad, or any part thereof, or any thing belonging thereto; or shall damage, brake or destroy any part of said Railroad or improvements or buildings, he she, or they, or any persons assisting, shall forfeit and pay to said company for every such [?] treble the amount of damages that shall be proved before any Court competent to try the [same?], to be sued for in the manner and behalf [?] company, and such offender or offenders shall be deemed guilty of a misdemeanor, and shall be liable to an indictment [in?] the same manner as other indictments [are?] found in

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[?] counties where such [offences?] have been committed; and upon conviction, such offender or offenders shall be liable to a fine not exceeding one thousand dollars for the use of the county where such indictment may be found.

sec 5. The time and place of holding the annual meetings of the said company, for the election of directors, shall be fixed and be determined by the by-laws of said company, and at all meetings each stockholder shall be entitled to vote in person or by the lawful proxy, one vote [for?] each share he, she or they may hold in said stock.

[?] Ephraim R Hubbard, George W [?] and [?] Cassiday are hereby appointed Commissioners [to?] open subscription books for the stock of said company; and said commissioners, or a majority of them are hereby authorized to open subscription books such stock, at such places as they may deem proper, and shall give at least thirty days notice of the times and places when and where such books will be opened in any papers printed in the cities where the books are opened and shall keep said books open at least ten days, unless the whole amount of capital stock shall be subscribed before the expiration of the said ten days; and they shall equire each subscriber to pay five dollars on each share subscribed, at the time of subscribing; and at the expiration of the said ten days, if the whole of the said capital stock shall be subscribed, the said Commissioners shall call a meeting [of the?] stock holders by giving ten days notice in

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a newspaper printed in Springfield; and at such meeting it shall be lawful to elect the directors of the said company, and when the directors of said company are chosen, the said commissioners shall deliver said subscription books together with all sums of money received by them as said Commissioners to said directors; Provided, that no person shall be a director unless he shall own at least five shares of the capital stock. Said company is hereby authorized to borrow any sum of money not exceeding their capital stock and to make all such contracts as said corporation may deem necessary to carry into effect the powers and privileges hereby granted.

Sec 7 That the rights of way and the real estate purchased for the right of way by said company, whether by mutual agreement between the said corporation and the owner or owners of said land or real estate, or which shall become the property of the said company by operation of law as is in this act provided, shall upon payment of the amount belonging to the owner or owners of such lands, as a compensation for the same, become the property of said corporation, absolutely and in fee simple.

Sec 8 The Legislature reserves to itself the right to purchase the stock of said company at any time by paying the amount actually expended thereon, with the interest at the rate of six per cent. per annum; and for the purpose of ascertaining the value thereof the Legislature may appoint two or more Commissioners, who, being duly sworn,

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[?] to ascertain by inspection [?] the oath of witnesses the actual value of the road, fixtures, apparatus and carrs as aforesaid. The corporation may take and transport on the said Railroad any person or persons, merchandise or other property, by the force and power of steam, or animals or any combination of [them,?] and may fix and establish; take a receive such rates of toll for all passengers and property transported upon the same, as the directors shall from time to time, establish; and the directors are hereby authorized and empowered to make all necessary rules and regulations, byelaws and ordinances, that they may deem necessary and expedient to accomplish the designs and purposes, and to carry into effect the provisions of this act, and for the transfer and [assignment?] of its stock, which is hereby declared personal property, and transferrable in such manner as shall be provided for by the byelaws and ordinances of said corporation.

Sec 9 Said company shall transport the United States mail upon the whole line of said road, whenever required by the Postmaster General. Provided, that if the Postmaster General and the company shall be unable to agree upon the compensation to which said company shall be entitled, the Postmaster General may choose one person and said company shall chose another, who, should they be unable to agree upon the compensation to which said company shall be entitled, shall choose a third person, and the compensation fixed by them or a majority of them, shall be binding upon said company.

Sec 10 If the said company shall not commence the work within three years from the passage of this act and complete it, within eight years, then this act shall thence forth cease and be void.

Sec 11 That an act, entitled “an act to Incorporate the Chicago and Vincennes Railroad company,” approved January 17, 1835, so far as the same authorizes the construction of a Railroad between C[hicag?]o and Danville, be, and the [sa?]me is [?] [re?]pealed.