An Act to incorporate the Grayville and Albion Rail Road company
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Sec[Section]. 1. Be it enacted by the People of the State of Illinois represented in the General assembly That James Gray, Elliott Kerney, William L Wilmans, Robert Coulter, John B Blackford; Squire Riley, Joel Churchill, Alexander Stewart, and David Thomson and their associates successors and assigns are hereby created a body politic and corporate under the name and style of the Grayville and Albion Rail Road Company for the term of fifty years; and by that name may be and are [here?] made capable in law and 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 their pleasure; and shall be and are [hereby?] vested [with?] [?] the powers priviliges and immunities which are or may be necessary to carry into effect the purposes and objects of this act as hereinafter set forth; and the said Company are hereby authorized and empowered to locate, construct, and finally complete a Rail Road from the Town of Grayville in White County, or from some point on the Great Wabash river at or near the said Town of Grayville to the Southern Cross Rail Road from ^Alton to Mount Carmel^ Rail Road at Albion or some point on said Rail Road south or east of Albion, ^the Depot at Albion.^ upon the most eligible and convenient route; and said Corporation is hereby authorized to join and connect with the said Southern Cross Rail Road ^from Alton to Mount Carmel^ Rail Road, and for this purpose the said company are authorized to lay out their road wide enough for a double or single track through the whole length; and for the purpose of cutting embankments and procuring stone and gravel may take as much more land as may be necessary for the proper construction and security of said Rail
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Road
: Provided All damages that may be occasioned to any person or corporation, by taking such lands or materials for the purposes 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 hundred Thousand Dollars to be divided into shares of one hundred Dollars each. The immediate government and direction of said Company 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 the others shall be duly elected and qualified to take their places as directors; and the said Directors a majority of whom shall form a quorum for the transaction of business shall elect one of their number President of the Board, who shall also be President of the Company
Sec. 3. The said Corporation is hereby a[u]thorized by their agents surveyors and engineers, to cause such [?] surveys of the ground and country to be made between said points as shall be necessary to determine the most advantageous route for the proper line or course whereon to construct their said Rail Road; and it shall be lawful for the said corporation to enter upon and take possession of and use all such lands and Real estate as may be necessary to the construction and maintenance of their said Rail Road and the accomodations requisite 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 accomodations of the said Rail Road

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or upon which the site for the said Rail Road shall have been located and 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 thereof by the use of the same for the purposes of said Rail Road; 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 car on said rail road, or any part thereof, or any thing belonging thereto; or shall damage break or destroy any part of said Rail road or implements or buildings, he she or they or any person assisting, shall forfeit and pay to such company for every such offence treble the amount of damages that shall be proved before any court competent to try the same, to be sued for in the name of said 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 any county or counties where such offence shall 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 of holding the annual meetings of the said Company for the election of directors shall be fixed and determined by the by laws of said Company; and at all meetings each stockholder shall be entitled to vote, in person or by
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lawful proxy, one vote for each share he she or they may hold in said stock.
Sec. 6. William L Wilmans, James Gray, and Elliott Kerney are hereby appointed commissioners to open subscription books for the subscription of said ^the^ stock of said company; and said commissioners or a majority of them are hereby authorized to open books subscription books for said stock, at such place or 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 some paper printed at the Seat of Government of this State, and shall keep said Books open at least five days, unless the whole amount of Capital stock shall be subscribed before the expiration of the said five days; and they shall require each subscriber to pay five dollars on each share subscribed, at the time of subscribing; and at the expiration of the said five days, when 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 a newspaper printed at the seat of Government of this State; and at such printing 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 the said subscription books, together with all sums of money received by them as such 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
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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 real estate purchased for the rights of way by said Company, whether by mutual agreement between the said Corporation and the owner or owners of said Land or real estates, or which shall become the property of the said company by operation of law as in this act provided, shall upon the 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, shall proceed to ascertain by inspection and the oath of Witnesses the actual value of the road fixtures apparatus and cars as aforesaid.
Sec. 9. The Corporation may take and transport on the said Rail Roa[d] any person or persons, merchandize or other property, by the force and power of Steam or animals, or any combination of them; and may fix and establish take and receive such rates of toll for all passengers and property transported upon the same, a[s the?] directors shall from time to time establish; and the directors are hereby authorized and empowered to make all necessary rules and regulations by laws and ordinances that they may deem necessary and expedient to accomplish the designs and purposes
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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 by laws and ordinance of said Company Corporation.
Sec. 10. If the said company shall not Commence the work within four years from the passage of this act and complete the same within eight years then this act shall cease and be void.
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No[Number] 29
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12
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A Bill for
An Act to incorporate the Grayville and Albion Rail Road Company.
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[12]/[21]/[1838]
2
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[01]/[21]/[1839]
On Engrossment, [?]
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[12]/[21]/[1838]
Com. In. Im.
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[01]/[02]/[1839]
C. W. H.[Committee of the Whole House]
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Report [?]
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12/22/[1838]
Decr[December] 22d
1Edwin B. Webb introduced HB 48 in the House of Representatives on December 19, 1838. On December 21, the House referred the bill to the Committee on Internal Improvements. The Committee on Internal Improvements reported back the bill on January 2, 1839, with a report. The House referred the committee’s report and the bill to the Committee of the Whole and made it the order of the day. On January 21, the House discharged the Committee of the Whole from further consideration. The House refused to engross the bill for a third reading by a vote of 32 yeas to 51 nays, withAbraham Lincoln voting yea.
Journal of the House of Representatives of the Eleventh General Assembly of the State of Illinois, at Their First Session, Begun and Held in the Town of Vandalia, December 3, 1838 (Vandalia,IL: William Walters, 1838), 113, 125, 156-57, 254-55.

Handwritten Document, 6 page(s), Folder 39, HB 48, GA Session 11-1, Illinois State Archives (Springfield, IL) ,