trustees or other proper authority may, from time to time, order elections specifying the amount proposed to be subscribed; and such city, town, or county is hereby authorized and required to issue and levy a sufficient tax to pay the interest accruing on such bonds and the principal of the same when due, which tax shall be assessed, levied and collected in the same manner as other taxes are by law required to be assessed, levied and collected.

take stock.

legal voters.

§ 10. Any township under township organization, on Townships may or near the line of the said railroad, may, also, subscribe to the capital stock of said company, in any sum not exceeding one hundred thousand dollars; but no such subscription shall be made until the question has been submitted Submitted to to the legal voters of the town in which the subscription is proposed to be made; and the clerk of each of said towns. is hereby required, upon the presentation of a petition, signed by at least ten citizens, who are legal voters and tax payers of the township for which he is clerk, in which petition the amount proposed to be subscribed shall be stated,

to post up notices in at least three of the most public Notice of elecplaces in said town, which notices shall be posted not less tion. than thirty days before the day of holding such election, notifying the legal voters of said township to meet at the usual places of voting in said township, for the purpose of voting for or against such subscription; which election. shall be held and conducted in the manner provided by law for the election of town officers.

tions.

11. If it shall appear that a majority of all the voters Supervisor to voting on that question have voted for subscription, it mae subscripshall be the duty of the supervisors of each of said townships that shall vote for such subscription to subscribe to the capital stock of said railway company, in the name of the township for which he is supervisor, the amount so voted to be subscribed, and to receive from sid company the proper certificates therefor; he shall, also, execute and Issue bonds. deliver to said company, in the name of said township, bonds, bearing interest not to exceed ten per centum per annum, which bonds shall run for a term not exceeding twenty years, and the interest on the same shall be made payable annually, and which bonds shall be attested by the clerk of the township in whose name the bonds are issued, and it shall be his duty to make a record of the issu ing of said bonds.

§ 12. It shall be the duty of the clerk of each of said Duty of clerk. townships in which a vote shall have been given for subscription, within ten days thereafter, to transmit to the county clerk of the county a transcript or statement of the vote given and the amount voted to be subscribed and the rate of interest named in the bonds.

county clerk.

13. It shall be the duty of the county clerk, annually Duties of the thereafter, to compute and assess upon all the taxable proper

Duties of the treasurer.

ty returned by the assessor of each of said townships which have voted to subscribe, a sufficient sum to pay the interest on all bonds issued by the respective towns, which tax shall be extended upon the collector's books as other taxes are, and the same shall be collected in the same manner that other taxes are collected, and, when collected, shall be paid into the county treasury as county taxes are paid.

§14. It shall be the duty of the treasurer of such counties in which townships have voted for said railway subscription to pay out, on the presentation to him of the bonds. issued by any township, as aforesaid, the amount due upon each of said bonds, as interest, out of any money in his hands for that purpose, and indorse the amount of payment upon said bonds or take such voucher as he may prescribe; Inspection of he shall, also, keep an account with each township of all money received and paid by him on account of said townships, which account shall, at all times, be open to inspection by all persons wishing to examine the same.

books, etc.

Duty of supervisor.

Purchase, hold and convey real estate.

May borrow money.

Issue bonds.

$ 15. At all elections of officers, and on all questions voted upon by the stockholders of said company, the supervisor of the township or townships who may subscribe to the stock of said company, shall represent and cast the vote which said stock is entitled to, in person or by lawful proxy; and in case the supervisor is absent or unable to act and has not appointed a person to act as proxy, then the township clerk shall be vested with the same powers as are herein given to the supervisor.

16. The said corporation is hereby empowered to purchase, receive and hold such real estate as may be necessary and convenient in accomplishing the objects for which this incorporation is granted; and the rights of way and other real estate purchased by said company for any of the purposes aforesaid, shall be held by them, in fee simple; and any such rights of way or real estate taken, condemned or appropriated, as aforesaid, shall, upon due fulfillment by said company of the conditions prescribed by law to be by them performed or observed to entitle them to such property, also be held by said company in fee simple.

17. The said company shall have power to borrow money, on the credit of the company, at a rate of interest not exceeding ten per centum per annum, payable semiannually, and may execute bonds therefor, with interest coupons attached thereto, and secure the payment of the same by mortgage on the whole or any part of said railroad property, income and franchises of the company then existing or thereafter to be acquired; and may annex to said mortgage bonds the privilege of converting the same into the capital stock of said company, at par, at the option of the holders, if such election be signified to the

company in writing three years before the maturity of said

bonds.

$18. The directors of said corporation are hereby au- May sell bond thorized to negotiate and sell the bonds of the said company at such times and in such places, either within or without this state, and at such rates and for such prices as will, in their opinion, best advance the interests of the said company; and if said bonds are so negotiated or sold at a discount below the r par value such sale shall be as valid and binding on the said company, in every respect, as if they were sold or disposed of at their par value.

19. The said company, in securing the payment of Security such bonds by mortgage on the road property, income and bonds issued. franchises of said company, shall have power to execute a mortgage, aforesaid, to secure the payment of the fall amount of the bonds which the company, at the time the said mortgage bears date or at any time thereafter, desired. to sell or dispose of, and may execute and sell, from time to time, such amount of said bonds and of such dates and payable to such persons as the directors of said company may deem desirable, till the whole amount of bonds mentioned in such mortgage is executed and sold; and the said mortgage shall be as valid and effectual to secure the payment of the bonds so executed and sold and every part thereof as if the same and every part had been executed with even date with said mortgage.

20. Whenever it shall be necessary for the construction of said railway to intersect or cross the track of any other railway or stream of water or water course, road or highway, on the route of said railway, it shall be lawful for the said company to construct their railway upon or over the same: Provided, that the said company shall restore the railway, stream of water, water course, road or highway, thus intersected or crossed, to its former state, or in a sufficient manner not materially to impair its usefulness: And provided, further, that said corporation may construct and maintain such kind and form of bridge across the Illinois river as shall not materially obstruct the navigation of said river and shall be sufficient to subserve the purposes of said railway.

for

Crossings, etc.

penalty for.

21. If any person or persons shall willfully or negli Injury to road, gently do or cause to be done any act or acts whatever whereby the said railway or any part thereof or any building, constructure or work of said company, or any engine, machine, structure or matter or thing appertaining to the same shall be stopped, obstructed, weakened or impaired, injured or destroyed, the person or persons so offending shall forfeit and pay to the said company treble the amount of the damages sustained by reason of such offenses, to be recovered, with costs of suit, in the name of said company, by action of debt, and such offender or offenders

Consolidation of railroads.

shall be deemed guilty of a misdemeanor, and be subject to indictment, and punished as in other cases.

22. The said company is hereby authorized, by and with the consent of the owners of three-fourths of the capital stock of said company, to unite or consolidate its railway stock and property with that of any other company or companies whose line or lines of road may intersect or connect by continuous lines or at either terminus or which may be on or near the line thereof, or it may purchase, lease, sell or make any arrangement it may deem proper with any such railway company or with any other company whose line of road may form a continuous line with. the railway hereby authorized to or from either terminus, Name and style. and, in the event of consolidation, the companies so consolidating may take upon themselves any name and style of designation they may think proper, and they shall be vested with all powers, privileges and franchises of each or both or all of the companies, and may borrow money, upon mortgage upon the property of one or all of said companies, at their option: Provided, that this section shall not be so construed as to allow any consolidation or arrangement with any other company which will materially divert the road herein authorized to be built from the line herein contemplated.

Propelling

Rates, etc.

23. The said company may take and transport on power of road. said railway any person or persons, merchandise or other property, by whatever motive or propelling power and force it may deem proper, and may fix, establish, take and Transportation receive such rates of toll or freight for all passengers and property transported upon the same and for the storage of merchandise and other property under their charge, as the directors, from time to time, shall establish, and shall have power to provide all necessary stock and materials for the operation of said railway, and shall have power to erect and maintain all necessary depots, stations, shops and other buildings and machinery, for the accommodation, operation and management of said railway.

Articles offered

tion.

§ 24. Said corporation shall transport fire-wood and for transporta- fuel of every description over its railroad, whenever the same shall be offered for transportation, at rates as low as the rates said company shall charge for the transportation of other freights of a similar class.

25. This act shall be deemed a public act, and shall be favorably construed for all purposes herein expressed and declared, and shall be in force from and after its pas

sage.

APPROVED March 27, 1869.

AN ACT to incorporate the Mendon Railroad Company.

In force March

11, 1869.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Samuel Corporators. R. Chittenden, Abram Benton and Samuel H. Bradley be and they are hereby created a body corporate and poli

tic, by the name and style of "The Mendon Railroad Name and style. Company;" and, by that name and style, may sue and be sned, plead and be impleaded, defend and be defended, in ail courts and places; and may have and use a common seal, which they may alter and renew at pleasure. The Amount capital capital stock of said company shall be one hundred thou- stock. sand dollars, with the privilege of increasing to two hundred thousand dollars, to be divided into shares of one hundred dollars each; and whenever fifty thousand dollars shall have been subscribed to the stock of said company,

said company may proceed to the location and construction Construction of of a railroad from Mendon, in Adams county, to any point roads. on the Chicago, Burlington and Quincy Railroad, at any point at or west of Fowler Station, and to operate the same

money.

by steam or horse power; and may condemn the right of Right of way. way in the manner provided by the general laws of this state now in force or which may hereafter be enacted, providing for the condemnation of lands for purposes of internal improvement, and may locate the same over, along, across or upon any public road between said points. The May borrow said company may borrow money, and mortgage its pro perty and franchises to secure the same; and, in the location, construction and operation of said road, shall have all the powers usual to railroad companies. Said company may lay down upon said road tram rails, and plank or mac adam between said rails, and for two feet each side thereof, and allow the same to be used as a road for common vehicles, under such rules as the directors shall prescribe, and Rates of toll. charge therefor reasonable tolls, to be regulated by the town council of Mendon. Said incorporators shall be directors of said company for one year, and until their successors are elected and qualified; one of whom shall be president. Said company may pass any by-laws not inconsistent with the laws of this state, and may provide for the election of officers and appointment of agents of said company.

2. This act shall be a public act, and shall take effect from and after its passage.

APPROVED March 11, 1869.