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proxy, casting as many votes as each may own shares of stock. The first election of directors shall be held at the time and place appointed by the acting commissioners; and all subsequent elections shall be held and regulated according to the by-laws of said company:
Š 6. Upon the election of directors and the organization of the board, the said commissioners shall deliver to the said directors all moneys received by them, on subscriptions of stock, and the books of subscription, and all other books, papers and property of the company.
$ 7. The said corporation is authorized, as soon as the Construction, etc. board of directors are elected, to proceed to the construction of said road and bridge, and, as soon as any three miles of said road shall be completed, they may erect toll gates thereon, and collect the foll allowed by this act; and when said bridge shall be completed, tolls may be collected for passing thereon, as hereinafter provided. Said company are authorized to borrow such sum or sums of money, not exceeding the capital stock of the company, as, in their opinion, may be necessary to aid in the construction of said road, and to pay any rate of interest thereon, not exceeding ten per cent., and to pledge and mortgage the said road and its appendages, or any part thereof, or any other property or effects of the company, as security for any loan of money, and interest thereon, and to dispose of the bonds issued for such loan, at such rates and on such terms as the board of directors may deterinine.
$ 8. The said corporation shall have power to fix and Toil: regulate the tolls to be charged and paid for passing over said road and bridge, provided they do not exceed the following rates, viz: For passing over the road-for every vehicle drawn by one animal, two cents per mile; every vehicle drawn by two animals, three cents per mile; and one cent additional for each mile for every animal in a team more than two; for every five of neat cattle, one cent per mile; and for every ten or less of sheep or swine, one cent per mile; and for every horse and rider, or led horse, one cent per mile; and for passing over the bridge-for every vehicle drawn by one animal, ten cents; for every vehicle drawn by two animals, fifteen cents; and five cents additional for every animal more than two in a team; for every head of horses, mules or cattle, under and to the number of twenty, not driven in team, three cents; and for all over twenty, two cents each ; for every head of swine or sheep, one cent; for each horse or other animal and rider, five cents; for each foot passenger, three cents. It shall be lawful 'for every toll-gatherer on said road or bridge to stop and detain any person going on said road or over said bridge, until the toil properly chargeable shall be paid ; and any person who shall use said road or bridge and refuse to pay such toll, shall forfeit and pay, for each refusal, the sum of five dollars, to be
collected by said corporation, by action of debt, before any
justice of the peace, or other court having jurisdiction. May take land.
§ 9. The said corporation is authorized to locate, construct and maintain said plank or turnpike road and branches and bridge over any lands owned by this State or individuals or incorporated companies, on the route of said road, and over any county or State roads, with the consent of the county courts of Alexander or Pulaski counties. shall pay all damages that may arise or accrue to any person or persous, by reason of taking their lands, timber, rock, stone or gravel, for the use of said road; and when the same cannot be obtained by consent of owners, upon reasonable terms, said damages shall be estimated and recovered in the manner provided by the ninety-second chapter of the Revised Statutes of the State, entitled“ Right of Way,” and the
amendments thereto. May use existing
§ 10. The county courts of Alexander and Pulaski highways. counties, or either of them, may, by an order entered on
their records, authorize said company to use, for the construction of said plank or turnpike road, any of the public highways of said county; and the said county courts, or either of them, and the county court of Union county may subscribe to the capital stock of said company, to such an amount as they or either of them may deem expedient, and shall have all the rights of stockholders.
§ 11. Any person who shall willfully injure or obstruct adul bridgemont said road or bridge, or any portion of either, or their append.
ages, shall be deemed guilty of a misdemeanor, and shall forfeit to the use of the company three times the amount of damages occasioned by such injury or obstruction, to be recovered in an action of debt, in the name of said company, with costs of suit, before any justice of the peace or other court having jurisdiction thereof, or by indictment in the proper court; and on conviction, under indictment, such person or persons shall be liable to imprisonment, not ex
ceeding three months, and to pay the costs of prosecution. Penalty for fast § 12. Any person or persons crossing the bridge to be riding on bridge. erected by said company over Cache river, with any beast
or animal, at a gait or speed faster than a walk, shall forfeit and pay to said company three dollars, which may be recovered in an action of debt, with costs of suit, before any justice of the peace or other court: Provided, notice to that effect shall be kept up at each end of said bridge in
some conspicuous place. Tine for comple
$ 13. The said corporation shall be allowed three years, from the
passage of this act, for the commencement of said road and bridge ; and in case the same shall not be completed in five years thereafter the privileges herein granted shall be forfeited.
APPROVED February 21, 1863.
Injury to road how redressed.
AN ACT to incorporate the St. Charles and Geneva Railroad Company.
In force April 16,
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That William F. Way, Seth Marvin, William F. Moore, Dennis McCauley, and John G. Wilkie, of the town of St. Charles, in the county of Kane, and State of Illinois, and their associates, successors and assigns, are hereby created a body corporate and politic, under the name and style the “St. Charles Name and powand Geneva Railroad Company;" and by that name and style shall have perpetual succession; and said company are hereby made capable of suing and being sued, of pleading and being impleaded, of defending and being defended, in all courts, in law and' equity, and in other places; of contracting and being contracted with. And said company shall have authority to make, use and have a common seal, and the same to renew and alter at pleasure; and shall be and are hereby vested with all the powers, privileges 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, establish, construct and finally to complete and use a railroad, commencing at some convenient point on or near Main street, on the west side of Fox river, in the corporate limits of the town of St. Charles, Kane county, Illinois, and running from thence southerly, on the most eligible and practicable route, to connect with the Galena and Chicago Union Railroad Company's road, with what is usually known as the Dixon Air Line of said company's road. And the said company are hereby empowered, in the construction of said railroad, to lay out said railroad of the width of sixty feet; and in case of embankments and crossings, if more than sixty feet shall be necessary, then the said company may take and use as much more ground, rock, stone or gravel, on the sides of the same, as shall or may be necessary for the proper construction and security of their said railroad.
§ 2. The capital stock of said company shall be fifteen Capital stock. thousand dollars; which may be increased, if thought advisable by said company, to thirty thousand dollars—to be divided into shares of one hundred dollars each. All the corporate powers of said company shall be vested in and executed by a board of 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, and until their successors shall be elected and qualified, and shall have power to appoint all necessary clerks, a secretary, treasurer and all other officers deemed necessary in the transaction of the business of the said company.
§ 3. The said company is hereby authorized, by their way enter upon agents, surveyors and engineers, to enter upon any lands lands. and make all necessary examinations and surveys, for the
location of said railroad or its appendages, and shall be responsible only for the actual damage done to any such land or premises in so doing, and it shall be lawful for said company to enter upon and take and hold all the lands necessary for the construction of said railroad and its appendages; and in all cases where said company shall not be able to acquire the right of way through any lands or premises they may wish to occupy for the purpose of said railroad or its appendages, by purchase or voluntary cession, the same may be obtained in a mode provided by the ninety-second chapter of the Revised Statūtes of the State of Illinois, entitled “Right of Way;" or said company may obtain such right of way by the provisions of the twenty-second section of an act entitled "An act to provide for a general system of railroad incorporations,” passed Nov. 5, A. D. 1849; and said company shall be entitled to all the beneficial provisions of said act and the amendments to the same; or said company may proceed to obtain such right of way by the provisions of an act entitled "An act to amend the law condemning the right of way for the purposes of internal improvement," in force June 2, A. D. 1852, and said company shall be entitled to all the beneficial provisions of said act.
The said company are authorized and empowered to borrow, from time to time, such sum or sums of money, not exceeding the capital stock of said company, as they may deem necessary, to aid in the construction of said road, and to pay any rate of interest, not exeeeding ten per cent. per annum therefor, and to pledge and to mortgage said railroad and its appendages, or any part thereof, or any other property or effects, rights or credits of said company, as security for any loan of money and interest thereon, and to dispose of the bonds issued for such loan at such rates or on such termis as the board of directors
determine. $ 5. The time of holding the annual meeting of said company, for the election of directors, shall be fixed and determined by the by-laws of said company; and at all meetings such stockholders shall be entitled to vote, in person or by lawful proxy, vote for each share of the stock he, she or they may hold, bona fide, in said company.
§ 6. The persons named in the first section of this act, scription to be hereby appointed commissioners, who, or a majority of whom,
are hereby authorized to open subscription books for said stock, at such place or places as they may deem proper, and shall give at least ten days' notice of the time and place where and when such books shall be opened in five of the most public places in the said town of St. Charles; and shall keep said books open until the sum of four thousand dollars of the capital stock of said company shall be taken. Said commissioners shall require each subscriber to pay five dollars on each share subscribed by him at the time of subscribing; and, when the said sum of four thousand dollars shall
have been subscribed, the said commissioners shall call a meeting of the stockholders, at some place in said town of St. Charles, by giving at least ten days' notice of the time and place of such meeting, by posting notices in five public places in said town of St. Charles, for the purpose of choosing the number of directors aforesaid for said company; and when said directors of said company are chosen, the said commissioners shall deliver such subscription books, with all sums of money received by them, as commissioners, to said directors. No person shall be a director in said company unless he shall be a stockholder thereof. At the time and place hereinbefore mentioned for such meeting and election, the said commissioners, or a majority of them, shall attend and act as inspectors of said election; and the stockholders present shall proceed to elect five directors, by ballot; and Directors – their the said inspectors, or a majority of them, shall certify the ties. result of such election, under their hands, which certificate shall be recorded in the record book of said company, and shall be sufficient evidence of the election of the directors therein named. Said directors shall have the same powers and authority, and perform the same duties, and be governed by the same rules conferred upon and required of the directors of the Galena and Chioago Union Railroad Company, and now in force. Said directors, so elected, shall elect from their number one president, who shall hold his office for one year, and until his successor is elected and qualified, and who shall have the same power, and be governed by the same rules, as are now conferred upon and required of the president of said Galena and Chicago Union Railroad Company by law. A majority of said directors, including the president, shall constitute a quorum.
§ 7. The right of way and real estate purchased for the Right of way. right of way and depot grounds, by said company, whether by mutual agreement or otherwise, or which shall become the property of the company, by operation of law, as in this act provided, shall, upon the payment of the amount of money belonging to the owner or owners of said lands, as a compensation for the same, become the property of said company, in fee simple.
$ 8. The said corporation may take and transport, upon May use horses or said railroad, any person or persons, merchandise or other mules as motive property, by the force and power of horses or mules, and may fix, establish, take and receive such rates of toll, for all passengers and property transported upon the same, as the said directors shall, from time to time, establish; and the directors are hereby authorized and empowered to make all necessary rules, by-laws, regulations and ordinances that they may deem necessary and expedient to accomplish the highest designs and purposes, 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 transferable