Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That James Black, James T. B. Stapp, Robert K. McLaughlin and Robert Blackwell of Fayette county, Thomas Keys, Seth Blanchard, J. W. Fitch, William S. Wait, James Bradford, William Smith, Lorenzo D. Plant and Duncan Johnson of Bond county, James Reynolds of Madison county, Vital Jarrott, William W. Romann and Benjamin T. Kavanaugh of St. Clair county, and their successors in office duly elected as hereinafter directed, are hereby constituted and appointed a body politic and corporate, and by the name and style of “the Vandalia and Mississippi Turnpike Company,” shall be able and capable in law and equity, to defend and be defended, answer and be answered into, in any and all courts of justice whatever, to purchase or receive donations of land, money, or other valuable thing, to borrow money, and do all matters and things necessary to carry into effect the objects contemplated in this act as full as natural persons could do, for the purpose of raising means to complete the road hereinafter named, but for none other; to make and use a common seal, and the same to alter, change, or renew at pleasure, and shall be able in law to make contracts, and enforce the same, and to make and enforce the necessary by-laws, rules, and regulations, to enable them to carry unto effect the provisions of this act, and the objects contemplated by the same, not inconsistent with the laws and constitution of this State.

Sec. 2. The capital stock of said corporation shall be five hundred thousand dollars, divided into shares of fifty dollars each, with power to increase the capital stock if necessary to accomplish the objects herein contemplated.

Sec. (3.) The directors in this act named or a majority of them, shall meet at such time and place as they may agree on, and organize said corporation by electing one of their own body to be president; and after such organization, any three of said board shall be a quorum to do business, but after an election for directors it shall require five to form a quorum.

Sec. 4. The corporation shall have power to appoint agents, clerks, treasurers, surveyors, engineers, superintendants, artists, and all other officers, and persons necessary to carry into effect this act, they shall keep a journal of all their proceedings, in which shall be entered all by-laws, rules, and regulations and all orders for the payment of such allowances, as may be made to their officers, and all others in their employment, which journal shall from time to time be read, corrected and signed by the president. They may sit on their own adjournment, or on the call of the president. When the president is absent, they may appoint a president pro tempore: they shall fill all vacancies that may happen in their own body.

Sec. 5. The corporation shall cause books to be opened for subscription to the capital stock at such time and such place or places as they may choose, one notice of which shall be given in some public newspaper in this State; in each of which books the following entry shall be made: we, the undersigned promise to pay the sum of dollars for each share of stock set opposite our names, in such manner and proportions, and at such times as the president and directors of the Vandalia and Mississippi turnpike company may direct, witness our hands this day of.

Sec. 6. It shall be lawful for all persons of lawful age, or for the agent of any corporate body, to subscribe for any amount of the capital stock, and the said corporation may, by an agent, offer for sale in every other State any amount of stock upon such terms and conditions as may be thought advisable, and they shall have power on their own credit to borrow upon such terms as may be agreed on by the parties. The corporation may require such sum of money to be paid at the time of subscribing, not exceeding five dollars on each share, as they may think proper, but the amount required shall be made known at the notice for opening the books, and any further payments on the stock shall be under the control of the corporation.

Sec. 7. As soon as five hundred shares are subscribed for, and five dollars paid on each share, it shall be the duty of the corporation to give three weeks notice thereof in such newspaper in this State, and in such notice appoint a time and place for the stockholders to meet and elect eleven directors who shall be stockholders and citizens of this State, and which election shall be by ballot, conducted under the superintendence of an inspector and two judges appointed by the stockholders present, and the persons having the highest number of votes for directors, shall be declared duly elected; no share shall confer a right to vote at any election, unless the same shall have been held one month previous to the election; in all elections each share shall entitle the holder to one vote only, to be given by the person owning the same, or by one of any partners, or by the husband, father, mother, administrator, or executor, or trustees, or guardians, or by the agent of any corporation, or of any person having a right to, may vote by proxy.

Sec. 8. It shall be the duty of the directors elected as above and those elected at all subsequent elections, to meet as soon thereafter as may be convenient, and elect one of their body to be president; the president and directors thus elected, shall continue in office until the next annual election, and until their successors are elected and qualified.

Sec. 9. All elections after the first, shall be held on the first Monday in January, annually, under the direction of the stockholders present, of which election notice shall be given;

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but should no election be held on the day appointed by this act, or by the directors for the first election, it shall be lawful to hold the election on any other day.

Sec. 10. Certificates of stock shall be given to the stockholders, which shall be evidence of the stock held, they shall be signed by the president and countersigned by the clerk, the stock shall be transferrable on the books of the corporation only, by an agent or attorney, or by the administrator, executor, trustee, or guardian, but such stock shall be at all times holden by the corporation for any dues from the holders thereof to the corporation, or for any sums that may thereafter become due on a contract made prior to such transfer.

Sec. 11. The corporation shall have power to call for such portions of the stock subscribed not exceeding twenty five per centum. every six months, as they may think proper, to be paid at such times and places as they may designate by giving sixty days notice in some newspaper of this State, or by giving written notice to the stockholders, in which shall be specified the amount demanded on each share, and the time and place of payment; and if any stockholders shall neglect or refuse to pay such requisition within ten days after the time named for such payment, the corporation may bring suit against (any) delinquent for the amount due, and called for, in any court of competent jurisdiction, and recover the amount with two per centum interest thereon, per month, and if the amount cannot be made on execution, or if (said) delinquent is out of the State, then the corporation may, by an order on their books, declare such stock forfeited to the corporation, with whatever amount may have been paid thereon; and no such delinquent before the forfeiture of his stock shall have the right to vote for directors, or receive any dividend on his, her, or their stock, until the corporation is fully satisfied. The corporation shall require of all officers and others in their employ, bonds with security as they may think proper for the faithful performance of their duties.

Sec. 12. The corporation, by their agents shall have power from time to time to examine, survey, mark, and locate the road for a turnpike road from the termination of the Cumberland road in Vandalia, or in case said road is continued to Alton or elsewhere not on the line proposed in this charter, then from some convenient point on said road to be selected by the president and directors of this corporation, so as to pass by the way of Greenville or to branch at Greenville, and thence to Amity in Bond county, and thence to the Mississippi river in Illinois town, or at a point opposite to the upper ferry, opposite North St. Louis with full power to diverge from a direct line, not exceeding two miles in twenty between the points named, when more favorable ground can be had for the construction of said road, the same to be not more than eighty feet in width, and the said corporation shall

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have full power and authority to open books for the subscription of stock for the entire construction of said road its whole length, as said corporation may deem most advisable under the regulations and provisions of this act.

Sec. 13. And for the purpose of making such examination and location, it shall be lawful for the corporation by their agent or persons in their employ, to enter upon any land, to make surveys and estimates, and for the purpose of searching for stone, gravel, wood, or other materials necessary for the construction of said road, but no stone, gravel or other material shall be taken away from any land without the consent of the owner thereof, until the rate of compensation shall be ascertained and paid.

Sec. 14. It shall be lawful for the corporation either before or after the location of any section of the road, to obtain from the person or persons through whose land the same may pass, a relinquishment of so much of said land as may be necessary for the construction of said road as also the stone[,] gravel, timber, and other materials that may be obtained on said route; and may contract for stone, gravel, timber, and other materials that may be obtained from any lands near thereto; to receive by donations, gifts, grants, or bequests, lands, money, labor, property, stone, gravel, wood, or other materials for the benefit of said corporation; and all such contracts, relinquishments, and donations, gifts, grants, or bequests, made and entered into, in writing, by any person or persons, able in law to contract, made in consideration of such location, and for the benefit of the corporation, shall be binding and obligatory; and the corporation may and shall have their action at law in any court of competent jurisdiction, to compel a compliance thereto: Provided, That all such contracts, relinquishments, donations, gifts, grants, and bequests, shall be made in writing by the party making the same.

Sec. 15. That in all cases where any person through whose land the road may run shall refuse to relinquish the same, or where a contract between the parties cannot be made, it shall be lawful for the corporation to give notice to some justice of the peace, in the county where such circumstances occur or may exist, and such justice shall thereupon summon the owner of said land to appear before him upon a particular day within ten days thereafter, and shall appoint twelve disinterested persons of the neighborhood, who shall, after taking an oath faithfully and impartially to assess the damages if any, view the land or materials, and after having taken into consideration the advantages as well as disadvantages, the road may be to the same, report thereon whether such person is entitled to damages or not, and if so how much; and shall file said report with said justice; whereupon said justice shall enter judgment thereon unless for good cause shown; and in case either party shall show sufficient cause

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why judgment shall not be entered, the justice may grant a review of the premises either with or without costs: Provided, either party may at any time after the rendition of judgment appeal to the circuit court of the proper county, as in other cases, and such court shall appoint reviewers as above directed, who may report at that or the succeeding term, in the discretion of the court, and the judgment of the circuit court shall be final when rendered.

Sec. 16. And in all cases when the owner or owners of such land or materials shall be minors, insane persons, or reside out of the county where such land may lie, such justice shall cause three notices of the application made, and of the day fixed for the appointment (of) viewers, to be posted up in three of the most public places in the county, and if no person should appear on the day named in said (notice) such justice shall adjourn the same until that day two weeks, at which time he shall proceed as if such person or persons had been duly notified to attend; and on such judgment being rendered, and the corporation complying therewith, by the payment of costs or damages, or both, according to the award against them, the corporation shall be seized of the land or materials; costs shall be allowed or awarded against either party at the discretion of the justices.

Sec. 17. If it shall be found necessary to the construction and location of said road, the corporation shall have the right to lay the same along and upon any State or county road: Provided, however, before such location is made the corporation shall apply to the county commissioners in their respective counties through which the said road will run, for said right, and the said county commissioners are hereby vested with the power to grant to said corporation such right, and shall enter the same on the records of said county or counties, as the case may be: Provided also, That said corporation shall not have power to create any toll gate upon any bridge or embankment which shall have been made at the expense of the State or of the county; nor shall they have power to fence up or in any manner obstruct any State or county road now in existence, or which may be in existence at the time when the proposed turnpike road shall be surveyed.

Sec. 18. That when said corporation shall have procured the right of way, as herein provided, they shall be seized in the right of way over such land, and shall have the sole use and occupancy of the same, for the purposes aforesaid; and no person, body politic or corporate shall in any way interfere with, molest, injure, or disturb any of the rights and privileges hereby granted.

Sec. 19. The corporation shall commence the construction of said road within five years, and complete the same within twenty years from its commencement: Provided, That if any one of the sections of said road shall be completed within the time aforesaid, the charter shall not be forfeited

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as to that part of said road so completed, although the residue of said road may not have been completed within the time aforesaid.

Sec. 20. The corporation shall cause said road to be opened not exceeding eighteen (eighty) feet wide, at least twenty feet of which shall be made an artificial road composed of stone, gravel, or other suitable materials, well compacted together, in such manner as to secure a firm, substantial, and even road, rising in the middle, with a gradual curve, and shall maintain and keep the same in good repair, and in no case shall the ascent in the road be greater than an elevation of five degrees.

Sec. 21. That when said road or any particular section, (ten miles constituting a section,) thereof shall be located, it shall be the duty of said corporation to cause a plat or plats thereof to be deposited in the office of the Secretary of State; and after that time it shall not be lawful for said corporation to alter or change any part thereof, unless said corporation pay the owner or owners of land on said route the amount of damages they may sustain by such change.

Sec. 22. That if said road after its completion, or any section thereof shall be sufficient (suffered) to go to decay, or be impassible for (one) year unless when the same is repairing, this charter shall be considered as forfeited.

Sec. 23. As soon as the said corporation shall have completed the road as aforesaid, or any section thereof, or ten miles beginning at Vandalia on the eastern end of said road, and so on from time to time, as often as ten continuous miles of said road shall be completed, an agent shall be appointed by the Governor, if not otherwise directed by the Legislature, who shall on the application of the corporation examine the same, and report his opinion in writing to the corporation; and if such report shall state the road or any ten continuous miles of the same to be completed agreeably to the provisions of this act, the corporation may then erect a gate or gates at suitable distances apart, not less than ten miles, and demand and receive of persons travelling said road the tolls allowed by this act: Provided, That whenever that portion of the said turnpike road as lies between the Mississippi river and the bluffs, east of the American Bottom, shall be completed; the said company may erect toll gates and demand and receive tolls for travel thereon at the rates herein allowed pro rata, should the distance between said points be less than ten miles.

Sec. 24. The following shall be the rates of toll for each and every ten miles of said road, and in proportion for a greater or less distance, to wit: for every four wheeled carriage, wagon, or other vehicle drawn by one horse or other animal cents; for every horse or other animal in addition, six and one fourth cents; for every cart, chaise, or other two wheeled carriage or vehicle, drawn by one horse or other

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animal cents; for every horse or other animal in addition six and a fourth cents; for every sled or sleigh, drawn by one horse or other animal, twelve and one half cents; for every horse or other animal in addition, six and one fourth cents for every coach, chariot, or other four wheeled pleasure carriage, drawn by one horse, twenty-five cents, for every additional horse twelve and a half cents; for every horse and rider six and a fourth cents; for every horse, mule or ass, six months old or upwards, led or driven, three cents; for every head of neat cattle, six months old or upwards, one cent: Provided, That all persons going to and returning from public worship, and all militia men going to and returning from muster, and all funeral processions, shall pass said road free of toll: Provided, also, That the Legislature may at any time after the expiration of ten years from the time of the completion of said (road) or any section thereof, make any reasonable alteration in the rates of toll aforesaid.

Sec. 25. If any person or persons using said road shall with intent to defraud said company, or to evade the payment of tolls, pass through any private gate, or bars, or along any other ground near to any turnpike gate which shall be enclosed pursuant to this act, or shall practice any fraudulent means, with intent to evade or lessen the payment of such toll, or if any person shall take another off said road, with an intent to defraud said corporation, each and every person concerned in such fraudulent practice, shall for every such offence forfeit and pay to the corporation, the sum of five dollars, without any stay of execution, to be recovered with cost of suit in an action of debt, at the suit of the corporation before any justice of the peace of the county: Provided, That nothing in this act shall be so construed as to prevent persons residing on said road from passing thereon about their premises between the gates, for common and ordinary business.

Sec. 26. If the said corporation shall fail for ten days in succession, to keep said road in repair, and complaint be made thereof to a justice of the peace of the county, it shall be his duty forthwith to summon three disinterested judicious freeholders to examine the same; and he shall give notice to the toll-gatherer at the nearest gate, of the time when said freeholders will proceed to examine that part of said road complained of, and the said freeholders, after having taken an oath or affirmation to act impartially, shall proceed in the examination; and if they shall find the same out of repair, they shall certify it to a justice of the peace, who shall immediately transmit a copy of said certificate to the nearest toll-gatherer, where such defective part of the road lies; and from the time of receiving such notice, no toll shall be demanded or received for such part of the road, until the same shall be put in complete repair, uuder the penalty of five dollars for

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every such offence, to be recovered of said corporation with costs of suit, and for the use of the party aggrieved.

Sec. 27. If any person shall wantonly or wilfully destroy, or in any manner injure or obstruct, any part of said road, or any gate thereon, otherwise than in the just and lawful use thereof, every person shall, on conviction thereof, before a justice of the peace of the county, be liable to a fine of not more than fifty, nor less than five dollars for every such offence, to be recovered in action of debt at the suit of the State of Illinois, to go to the county school fund in the county where the injury may have been committed; and such offender moreover, shall be liable for all such damages to the corporation, and for injury accruing to travellers in consequence of any such unlawful damage or obstruction of the road; all damages and costs under this section shall enure to the parties entitled to the same, and shall be collected by execution before any court having competent jurisdiction thereof.

Sec. 28. The company shall put up a post or stone at the end of each mile, with the number of miles from fairly cut or painted thereon; and also, in a conspicuous place near each gate shall be placed a board with the rates of toll fairly painted thereon, and such other matters in relation to direction as may be necessary.

Sec. 29. Any person wilfully destroying, defacing or removing any guide board, mile post, or stone, or list of rates of (tolls) erected on said road, shall, on conviction thereof before any justice of the peace, forfeit and pay a sum not exceeding ten dollars, to be recovered with costs of suit, and for the use of said corporation.

Sec. 30. If any toll-gatherer on said road shall unreasonably detain any passenger after the toll has been paid, or tendered, or shall demand or receive greater toll than is by this act allowed, he shall, for every such offence, forfeit and pay a sum not exceeding ten dollars, to be recovered with costs of suit before any justice of the peace having competent jurisdiction, at the suit of the party injured: Provided, That no suit or action shall be brought against any person or persons, for any penalty incurred under this section, unless such suit or action shall be commenced within thirty days from the time of incurring the same; and the defendant or defendants, in any such suit or action, may plead the general issue and give this act in evidence with any other special matter.

Sec. 31. The corporation shall cause to be kept, a fair account of the whole expense of making and repairing said road, or any section thereof, with all incidental expenses, and also, a fair account of the tolls received; and the State shall have the right to purchase the stock of said company at any time after twenty years, on paying said corporation a sum of money which, together with the tolls received, shall equal the cost and expenses of said Turnpike road as aforesaid, with an interest of ten per centum per annmu, and the books of the

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corporation shall always be open for the inspection of any agent of the State appointed for that purpose by the Legislature; and if the said corporation shall neglect or refuse to exhibit at any time their accounts agreeably to this section, when thereto required, then all the rights and privileges granted by this act shall cease and be at an end.

Sec. 32. The said corporation shall be, and are hereby authorized and empowered to demand and receive the same toll, and proceed in the same manner to collect the same from the drivers, owner, or owners of any stage, carriage, or sleigh, in which shall be conveyed the mail of the United States, as they have by this act a right to do from the drivers of similar carriages and sleighs, drawn by the same number of horses in which no mail is carried, any law to the contrary notwithstanding: Provided, That nothing herein contained shall be so construed as to empower said corporation, their agent or agents, to stop or detain any person, carriage, sleigh or horse, while actually employed in the conveyance of the said mail.

Sec. 33. It shall be lawful for the county commissioners of each and every county through which the said road may run or pass, for and (in behalf of) such county, to authorise by an order as much of the stock to be taken as they may think proper.

Sec. 34. This charter is to be limited to twenty years in its duration.

Sec. 35. Provided, however, That nothing in this act shall be so construed, as to interfere in any manner whatever, with the location by the United States, of the Cumberland Road, between the points designated in this act: Provided also, That if said company or corporation should deem it advisable, they shall have the right and privilege of commencing said work at the town of Greenville aforesaid, and constructing the same to St. Louis in the first instance, and suffer that portion between Vandalia and Greenville, to remain to be finished lastly.

Sec. 26. This act to be in force from and after its passage, and shall be taken, and considered a public act in all courts of record within and out of this State, as also, in courts of justices of the peace, and shall be beneficially construed.