Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That John Lacy, Lewis W. Ross, S. H. Pitkin, W. H. Van Eps, A. Freeman, Caleb Dillworth, E. S. Pekin, and their associates, successors, and assigns, be, and they are hereby, created a body corporate and politic, for the term of thirty years, under the name of “The Fulton Turnpike Road Company,” and, by that name, shall be and are hereby made capable, in law, to sue and be sued to final judgment and execution, plead and be impleaded, defend and be defended, in any court of record, or in any other place whatsoever; to make, have, and use a common seal, and the same to alter and renew at pleasure; and shall be and are hereby vested with all the privileges, powers, and immunities,

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which are or may be necessary to carry the purpose and objects of this act into effect; and are made capable of purchasing, holding, and conveying, real and personal estate; of contracting and being contracted with, as hereafter set forth. And the said corporation are hereby authorized and empowered to locate, construct, and finally complete, a turnpike road commencing at or near the junction of the Spoon river with Illinois river; from thence to the bluffs of the Illinois and Spoon river, in such a manner and form as they shall deem to be most expedient; and for this purpose said company are hereby authorized to lay out their road not exceeding eight rods wide through its whole length; and, for the purpose of cuttings and embankments, and procuring stone and gravel, may take as much more land as may be necessary for the proper construction and security of said turnpike road: Provided, however, That all damages that may be occasioned to any person or corporation by taking of such land or materials for the purpose aforesaid, shall be paid for by said company, in the manner hereinafter provided: And provided, further, That the real estate of said corporation shall not exceed one hundred and sixty acres.

Sec. 2. The capital stock of said company shall consist of two thousand shares of fifty dollars each; and the immediate government and direction of the affairs of said company shall be vested in a board of not less than five directors, who shall be chosen by the members of the corporation in the manner hereinafter provided, and shall hold their offices until 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 to be president of the board, who shall also be president of the company, and shall have authority to choose a clerk, who shall be sworn to the faithful discharge of his duty, and a treasurer, who shall give bond to the said corporation, with securities to the satisfaction of the directors, in a sum of not less than ten thousand dollars, for the faithful discharge of his trust.

Sec. 3. The president and directors for the time being are hereby authorized and empowered, by themselves or their agents, to exercise all the powers herein granted to the company for the purposes of locating, constructing, and completing said road, and for the transportation of persons, goods, and merchandize, and other property of all descriptions; and to establish, for the benefit of said company, such rates of toll as they may agree upon from time to time, under such rules and regulations as said directors may prescribe and direct; and may erect toll-houses, establish gates, and demand toll upon the road when completed; and may have all such other power and authority for the management of the affairs of the company, not heretofore granted, as may be necessary and proper to carry into effect the object of this act; to purchase

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and hold lands, materials, wagons, and other necessary things for the use of the road, and to make such equal assessment from time to time on all shares in said company as they may deem expedient and necessary, and direct the same to be paid to the treasurer of the company.

Sec. 4. The said company shall have power to make, ordain, and establish all such by-laws, rules, and regulations as they may deem expedient and necessary 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, the conveyance of property, and payment of assessments, and the well ordering and regulating, and securing of the interest and affairs, of said company; Provided the same are not repugnant to the laws of this State or of the United States.

Sec. 5. The said company shall be holden to pay all damage that may arise to any person or corporation by taking their land for said turnpike road, when it cannot be obtained by voluntary agreement, to be estimated and recovered in the same manner provided by law for the recovery of damages happening by the laying out of highways.

Sec. 6. When the same or other property or estate of any feme covert, infant, or person non compos mentis, shall be necessary for the construction of the said turnpike, the husband of such feme covert, and the guardian of such infant or person non compos mentis, may release all damages for any lands or estate taken and appropriated as aforesaid, as they might do if the same were holden by them in their own right, respectively.

Sec. 7. The said company are hereby authorized to construct the said turnpike road across any water-course, road, or public highway, subjecting themselves to any damage that may be incurred in so doing.

Sec. 8. If any person or persons shall wilfully do, or cause to be done, any injury to said turnpike road, or carriage, machine, toll-houses, or other building, or any structure whatever belonging to said corporation, the person so offending shall forfeit and pay the said corporation double the amount of damages sustained by means of such offence or injury, with all the costs of action, before any court of record in this State.

Sec. 9. The annual meeting of the members of said corporation shall be holden on the first Monday in November in each year at such place as the president and directors for the time being may appoint; at which meeting the directors shall be chosen by ballot, each proprietor being entitled to as many votes as he holds shares; and any two of the individuals named in the first section of this act are hereby authorized to call the first meeting of the said company, by giving notice, in some newspaper published in such paper (place) within the State as may be agreed upon by them, of the time, place, and purpose of such meeting, at least ten days before the time mentioned in such notice.

Sec. 10. Any person may pay the amount of his subscription of stock of said company in labor or materials for the construction of said turnpike road, provided it be done at such time and place as the president and directors, or superintendents of said company, may direct.

Sec. 11. It shall be lawful for the Legislature of this State, at any time during the continuance of the charter of the said turnpike road after the expiration of twenty years from the opening for the use of the turnpike road herein provided to be made, to purchase of the said company, by paying to the said company the amount expended in making said turnpike road, and twelve per cent. interest upon the same from the time of payment by the stockholders: Provided, however, That the nett income from tolls shall not have amounted to twelve per cent. per annum at the time of purchase by the State.

Sec. 12. This act shall continue in force for the term of fifty years; and upon departure from, or violation of, any provision of this act, the Legislature may alter, amend, or repeal the same, if they deem the public good shall require it; and shall be deemed and taken a public act from and after its passage.

Approved, March 2, 1839.