Sec.[Section] 1 Be it enacted by the people of the state of Illinois represented in the General assembly That all such persons as may become stockholders agreeable to the provisions of this act, their 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 union Turnpike Company” and by that name shall be and hereby made capable in law to sue and be sued, 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 pleashure, and shall be and are hereby vested with all necessary privileges powers and immunities to carry the purposes and objects of this act into effect, and are made capable of purchaising, holding and conveying real and personal Estate, of contracting and being contracted with as herin after set forth, and the said corporation are herby authorized and empowered to locate, construct and finaly complete a turnpike road commencing near the City of Chicago from thence to the west Bank of Salt creek by way of the Cazenovia bridge where the State road crosses said creek in such manner and form as they shall deem to be most expedient, and for this purpose the said company are hereby authorized to lay out their road eighty feet in width 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

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aforesaid shall be paid for by said company in the manner herein after 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 corporation shall be twenty thousand dollars which shall be divided into eight hundred shares, of twenty five 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 board 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. The said board shall also elect a clerk, who shall be sworn to the faithful discharge of the duties, of his office, and also a Treasurer, who shall given bond to the said corporation, with security to be approved by the directors, in a sum not less than two 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 duly appointed, to exercise all the powers herein granted to the company for the purpose of locating, constructing and completing said road, and for the benefit of said corporation, to erect toll houses, establish gates and demand and receive toll, at the

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rates herein after provided, and may have and exercise all such other power and authority for the management of the affairs of the company, not herein before granted as may be necessary and proper to carry into effect the objects of this act, to purchase and hold lands, materials waggons, 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. That Lloyd Stearns, Charles Hail, Alexander Spencer, and Benjamin. W. Raymond are hereby appointed commissioners to receive subscription for the capital stock of the said company, who shall cause books to be opened in the city of Chicago within twelve months after the passage of this act, sixty days notice shall be given in some public newspaper printed in said city of Chicago, of the time and place of the opening of said books, in which said notice the amount of percentage, (which amount shall not exceed ten percent) required to be paid down at the time of receiving said subscriptions shall be stated.

Sec. 5. The stock holders of said company shall meet at some convenient place in said city of Chicago, as soon as convenient after an amount equal to two thirds of the whole amount of said capital stock is subscribed for, and shall proceed to elect by ballot the directors of said company each proprietor being entitled to as many votes as he holds shares, after which the said stockholders shall meet annually at such time and place as shall be designated

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by the directors, for the election of directors, notice of the time and place of such meeting shall be given in some public newspaper printed in Chicago.

Sec. 6. The said corporation shall have power to make, ordain and establish, all such rules by laws 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. 7. The said company shall be holden to pay all damages that may accrue 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 arising from the laying out of highways.

Sec. 8. When the 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 to said company for any lands or estate taken and appointed as aforesaid, as they might do if the same were holden by them in their own night respectively

Sec 9 The said Company are hereby authorized to construct the said turnpike road across any water course, road or highway, subjecting themselves to any damage that may be incurred in so doing.

Sec. 10. It shall be lawful for the said company, after the said turnpike shall have been completed as herein after mentioned to demand and received the following toll, towit, for every carriage or sleigh drawn by two horses or other animals twenty five cents, for each additional horse or other animal six and one fourth cents for every carriage drawn by one horse or other animal eighteen and three fourth cents, for each horse and rider twelve and a half cents, for each horse, mule, or ass of the age of six months or upwards four cents, for each head of neat cattle two cents, for every head of sheep or hogs less than one hundred in a drove, one cent, for each head where the number in a drove exceeds one hundred one half cent footmen shall pass free.

Sec. 11. If any traveller or other person using said road shall with intent to defraud said company, pass off, of the track of said turnpike for the purpose of avoiding any gate erected by said company, and shall be thereof duly convicted before any Justice of the Peace of the county in which such toll gate shall be situated, shall forfeit and pay to said corporation the sum of five dollars. Provided that persons residing upon the said road shall have the privilege of using said road between gates without the payment of toll.

Sec. 12. If the said turnpike, shall at any time get out of repair so as to injure the safety of passengers

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carriages, stock, or other property, it shall not be lawful for the said company during the time it so remains out of repair to charge any toll, and on complaint made on oath, to any Justice of the Peace of the County in which the defective part of such road lies, that any part of such road is out of repair the said justice shall immediately issue a summons to any constable of his County to summons six householders of the neighbourhood to view said road, who shall proceed to view the same, and make immediately a report in writing to said justice, and if the said jury shall report against the said road the Justice shall cause a notice of said report to be served upon the keeper of the nearest toll gate, and if, after service of such notice, the said company shall charge toll upon said road, before the same is repaired, they shall for every such offence, forfeit and pay the sum of ten dollars, to be collected by action of debt before any Justice of the Peace of the proper County.

Sec. 13. It shall be lawful for said company to establish any number of toll gates not exceeding three upon said road, but the amounts of toll charged at each gate, shall not exceed in the aggregate exceed the amount allowed for the whole distance by section ten of this act. Provided that it shall be lawful for said company to charge toll in proportion to the distance, as soon as six miles of such road shall be completed.

Sec. 14. If any person or persons shall wilfully do or cause to be done any injury to said turnpike road or carriage, machine, toll house, gate or to any building or structure whatever belonging to said

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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 costs of action, before any Court of competent jurisdiction in this state.

Sec. 15. 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. 16. It shall be lawful for the said company to lay said turnpike road upon the track of any State or County road, provided the consent of the county commissioners Court of the proper County be first obtained, and provided further that if any bridges are used by said company, for their turnpike road, which have been erected by individual, subscriptions, or by any County the same shall be appraised, and the value of the same paid by said company to the builders, or into the Treasury of the County as the case may be.

Sec. 17. It shall be lawful for the Legislature of this state at any time during the continuance of the charter of said turnpike road, after the expiration of twenty years from the passage of this act, to purchase of the said company by paying to the said company the value of said turnpike road. the said company shall appoint an appraiser and the Legislature another and in case of difference of opinion said two appraisers shall choose an umpire, not being a resident of the County

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through which said road passes whose valuation shall be final.

Sec. 18. It shall be lawful for said company if it shall be thought expedient, to increase the capital stock of said company to sixty thousand dollars, for the purpose of Macadamizing or otherwise improving said road, which increase of capital stock shall be divided into shares, and subscribed for according to the provisions of this act.

Sec. 19. The clerk of said company shall keep a record of the proceedings of the board of directors, the names of officers and superintendants, the amount of their pay, and the amounts allowed to workmen.

Sec. 20. The company incorporated by this act shall commence the said turnpike road within eighteen months after the passage of this act, and complete the same within three years after the said commencement.

sec. 21. This act shall be deemed and taken a public act from and after its passage.