An Act, supplemental to an Act to incorporate the Mount Carbon Coal Company, to encrease the Capital of said Company to one Million of Dollars, for the purposes herein after mentioned
Sec. [Section]I Be it enacted by the people of the State of Illinois represented in the General Assembly, That the Mount Carbon Coal Coy are hereby authorised and empowered to locate, construct and finally complete a Rail Road for a double or single tract ^not exceeding ten rods in width on level ground^ commencing at the said Coy’s coal Mines on the Big Muddy River in Jackson County, thence to the Mississippi River or any other navigable stream in said County; ^ and for this purpose said Coy are authorised to lay out said road not less ^ and for the purpose of cuttings, embankments, stone, wood and gravel, may take as much more land as may be necessary for the proper security and construction of said rail road; Provided that all damages that may be occasioned to any person or persons or corporations by the taking of such land or materials for the purposes aforesaid shall be paid for by said Company in the manner hereinafter provided.
Sec. II. The capital stock of said Company shall be encreased to one Million of Dollars divisible into shares of $50 each on the terms and under the conditions & provisions specified and contained in the originial Act of Incorporation of said Coy
Sec III A toll is hereby granted and established for the sole benefit of said Company, upon all passengers & property of all descriptions which may be conveyed or transported on said Rail road, at such rates per mile as may be agreed upon and established from time to time by the Directors of said Coy; and they are hereby authorised to erect Toll Houses, buildings, establish gates, and demand Toll upon the road when completed, and upon such points thereof as shall from time to time be completed
Sec. IV The said Coy shall be holden to pay all damages that may arise to any person or corporation by taking their Land, stone, wood & gravel for the use of said Rail Road, when the same cannot be had by voluntary
<Page 2>
agreement, to be estimated and recovered in the manner provided by law for the recovery of damages happening by the laying out of highways
Sec. V When the Lands or other property or estate of any married woman, infant, or person non compos mentis shall be necessary for the construction of said Rail Road the husband of such married woman, and the guardian of such infant or person non compos mentis, may release all damages in relation to the Land, or other property to be taken and appropriated as aforesaid, as fully as they might do if the same were holden in their own rights respectively
Sec. VI If any person shall wilfully do or cause to be done, any act or acts whatsoever, whereby any building, construction, or work of said Company, or any engine, machine or structure, or any matter or thing appertaining to the same shall be stopped, obstructed, impaired, weakened, injured or destroyed, the person so offending shall be deemed guilty of a misdemeanor, and shall forfeit & pay to said corporation, triple1 the amount of damages sustained by means of such offence & injury, to be recovered in the name of said corporation with costs of suit by action of debt, and shall be subject to indictment and punishment for high crimes & misdemeanors as in other cases
Sec. VII The said Company shall commence the Rail Road hereby authorised to be made within two years from and complete the same within ten years, otherwise this act shall be null and void.
Sec VIII The said Corporation is hereby authorised to join any other Railroad, now or hereafter to be incorporated and put in operation, at such place and on such terms as may be mutually agreed upon by the said Companies, or in case of disagreement by said Companies upon such terms and at such places as the Court of Chancery of the District where such connection is desired shall decree upon Bill filed or suit instituted for that purpose.

<Page 3>
Sec. IX That the quantity of Land authorised to be held by said Company shall be encreased from two thousand acres to seven thousand acres.
Sec X That if, after the necessary surveys for the construction of said Rail Road shall have been made, it shall appear to said Company that a Canal from their said mines to said Mississippi River or the making navigable the said Big Muddy River is preferable that then and in that case said Company are hereby authorised to lay off and construct a Canal from their said Mines to the said Mississippi River, or make navigable the said Big Muddy River, and the above enactments so far as the same are aplicable shall and the same are hereby declared to be in full force and effect.
Sec XI This Act shall be deemed and taken as a public Act, and as such shall be taken notice of by all Courts of Justice in this State, without the necessity of pleading the same.
Section. . . At the next general meeting the directors may adjourn to such place as will be adapted to promote the interest of the Company and for the convenience of the directors.
[ certification ]
02/12/1841
Passed House Reps
Feby 12th 1841
J Calhoun Clk [Clerk]H. Reps

<Page 4>
[ docketing ]
House R
A Bill for An act supplemental to an act to Incorporate the Mount Carbon Coal Company to increase the Capital of said Company to One Million of dollars, for the purposes herein after mentioned.
[ docketing ]
2
[ docketing ]
[02]/[23]/[1841]
Incpt[Incorporations]
[ docketing ]
[02]/[03]/[1841]
Judiciary
[ docketing ]
11
[ docketing ]
[02]/[03]/[1841]
read 1
[ docketing ]
[02]/[03]/[1841]
red 2
[ docketing ]
[02]/[03]/[1841]
Judiciary
[ docketing ]
[02]/[12]/[1841]
Engd[Engrossed]
[ docketing ]
[02]/[24]/[1841]
Passed Senate
[ docketing ]
7
[ docketing ]
passed
1“treble” changed to “triple”

Handwritten Document, 4 page(s), Folder 113, HB 163, GA Session:12-2, Illinois State Archives (Springfield, IL),