Whereas, By an instrument bearing date the thirty-first day of March, one thousand eight hundred and thirty-seven, and now on file in the office of the Secretary of State, the Mount Carmel and Alton railroad company relinquished upon certain conditions therein contained, to the State of Illinois, their right to construct a railroad from Mount Carmel to Alton, as conferred upon them by an act entitled “An act to incorporate the Mount Carmel and Alton Railroad Company,” approved, sixteenth of January, one

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thousand eight hundred and thirty-six; and it being manifest that it will be impracticable for the State to comply with the terms upon which said relinquishment was made, therefore,

Sec. [Section]1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the assent of the State be, and it is hereby given to a recession of said relinquishment, and that the Mount Carmel and Alton railroad company be, and they are hereby authorized to construct said road, as originally contemplated by the terms of their charter, any thing in said instrument relinquishing their light so to do to the State to the contrary notwithstanding.

Sec. 2. That within ninety days from the passage of this act, it shall be the duty of the Governor to appoint one competent person, and the president and directors of said company one other person, whose duty it shall be, after being duly sworn, to ascertain and examine the amount of work done, and materials furnished by the State, on and for the construction of said road; they shall estimate the then value of such work and materials, and report the amount to the Governor, and to the president and directors of said company.

Sec. 3. That upon such report as is provided for in the preceding section, being made, it shall be the duty of the president and directors of said company to issue a certificate of stock in favor of the State of Illinois, equal to the amount thus reported.

Sec. 4. That the State of Illinois, in the government of the affairs of said company, shall be entitled to the same number of votes and influence that an individual would be entitled to who might own the same amount of stock; and it shall be the duty of the Governor of the State, by himself, or his agent, to represent the stock owned by the State, in all elections which may take place under the authority of the act incorporating said company.

Sec. 5. That all the rights and privileges conferred upon said company by their original act of incorporation, are hereby confirmed to them, and the time limited in said act for the completion of said road, shall be extended to ten years from the passage of this act: Provided, That in the apportionment of the profits of said road, the State shall be entitled to dividends in proportion to the amount of stock it may own, and be paid thus at the time other stockholders are paid: And Provided, further, That said company shall expend in the construction of said road the sum of twenty thousand dollars annually, until they shall have expended an amount equal to that subscribed or owned by the State, the time to commence from and after the first day of January, one thousand eight hundred and forty-two, and if said company shall fail to expend such sum in any one year, so much of the work and materials as may have been furnished by the State, shall revert to it. The said company shall make out annually

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after the first day of January, one thousand eight hundred and forty-two, a statement to he verified by the oath of some proper officer of the company, exhibiting the amount expended by said company during that year: said statement to be laid before the Governor of the State.

Approved, February 27, 1841.