Surveys and examinations.

May

m.ney.

borrow

Powers of the d' rectors.

or upon conveyance in case of gift, to the extent of the proper title.

4. The said company are hereby authorized, by their engineers, agents and surveyors, to enter upon any land for the purpose of making the necessary surveys and examination of said road, and to enter upon and take and hold all lands necessary for the construction of said road, by first making just compensation to the owner thereof for damages that may arise from the appropriation thereof to the uses aforesaid; and in case said company cannot obtain title to the land required by purchase or voluntary cession, then they may proceed to condemn the same and acquire it under the general laws in force for that purpose.

§ 5. The capital stock of said company shall be one million of dollars, and may be increased by the directors of said company, from time to time, to any amount necessary to the completion and equipment of said road. Said stock shail be divided into shares of one hundred dollars each, shall be deemed personal property, and to be transferable in such manner as the company shall provide.

6. The powers of said company may be vested in a board of directors, not exceeding ten in number, to be chosen annually by the stockholders, who shall hold their office for one year and till their successors are elected ; and the company may, by their by-laws, determine the time, place and manner of electing such directors. The corporators above named shall act, with all the powers of directors, till the organization of said company is effected and direc Who entitled tors chosen. And at all elections each share shall be entitled to one vote in the election of directors, and may be cast by proxy or in person by the owner. Said board shall elect one of their number president of the company, and may elect all necessary clerks. secretary, treasurer and other officers, as may be necessary for the transaction of the business of the company, and to fill all vacancies that may occur in their board until the next election, in such manner as the board shall provide.

to vote.

Election of officers.

subscription.

Open books for 87. The corporators may cause books to be opened for subscription to the capital stock, in such manner as a majority of them shall of record determine.

When act to be void.

Privileges.

8. The said company may be organized and directors elected, when thirty thousand dollars shall have been subscribed to their capital stock; and if said company is not organized and work commenced within ten years from the date of approval of this act this charter shall be inoperative

and void.

§ 9. The said company shall be entitled to all the privileges, immunities and protection as other railroad companies in this state are, and shall be subject to all penalties and restrictions that are or may be provided by general

law.

10. Said corporation shall transport fire-wood and Articles offered fuel, of every description, over its railroad, whenever the for transportasame 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.

g 11. This act shall be taken as a public act, and shall be in force from and after its passage. APPROVED March 29, 1869.

AN ACT to incorporate the Oquawka and Geneseo Railroad Company.

In force March

ers

26, 1869.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Corporators. Solon Kendall, George E. Waits, N. Gaines, Justin F. Dreper, Wright Kidder, Robert Hodson, William H. Phelps and Edward H. N. Patterson, Robert Moir, John McKinney, jr., Cephas Park, Wm. Hanna, John Rowley, and their associates, successors and assigns, be and are hereby created a body corporate, by the name and style of "The Name and style. Oquawka and Geneseo Railroad Company.' Said incorporation, by that name and style, shall have perpetual succes- Corporate powsion, have a common seal, alter the same at pleasure; may contract and be contracted with, sue and be sued, plead and be impleaded, defend and be defended, in all courts and places. Said incorporators shall organize said company, open books for subscriptions to the stock thereof, and, when fifty thousand dollars shall be subscribed to said stock, shall call a meeting of stockholders, who may elect seven directors; and said directors may elect one of their number president, and may elect or appoint such other officers as they shall determine, fix their duties and salaries, and may make any by-laws, not inconsistent with the laws of this state. But no person shall be a director, unless he shall, at the time of his election, be the bona fide owner of five hundred dollars of the stock of said company.

stock.

2. The capital stock of said company shall be one Amount capital million dollars, to be divided into shares of one hundred dollars each; and the directors of said company may increase it to any sum not exceeding twenty-five thousand dollars per mile of the main line of said road. And said company, after the subscription of fifty thousand dollars to the stock of said company, may and is hereby authorized to establish, locate, construct and operate a railroad, with single or double track, from any point on the Chicago, Rock Route of road. Island and Pacific Railroad, near Geneseo, to the Carthage and Burlington Railroad, at any point in Henderson county, by such route as said directors shall deem most advisable;

Transportation

of freight.

Articles offered

tion.

may acquire, hold or convey rea! and personal property, by said directors deemed necessary for the use of said company; may condemn the right of way, in accordance with the provisions of the general laws now in force or which may hereafter be in force relating to the condemnation of land for the purposes of internal improvement.

§3. This company, as to rates of freights and passage, shall be subject to any general law of this state now in force or hereafter to be in force, the same as other railroad companies now in existence, and not otherwise.

4. Said corporation shall transport fire-wood and fuel, for transporta- 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.

6. This act shall be a public act, and take effect and be in force from and after its passage. APPROVED March 26, 1869.

In force March 26, 1889.

Corporators.

ers.

AN ACT to incorporate the Paris and Danville Railroad Company.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That James A. Eads, William Kile, C. W. Levings, John W. Blackburn, John Tenbrook, N. B. Stage, Allen Varner, John L. Tincher, L. L. Davis, Sansfield Clark, Benjamin Canaday, Samuel Scott, and Simpson Thompson, and their associates, successors and assigns, are hereby created a body politic Name and style. and corporate, by the name and style of "The Paris and Danville Railroad Company," with perpetual succession; Corporate pow- and, by that name, be and are hereby made capable, in law and equity, to sue and be sued, plead and be impleaded, defend and be defended, in any court of law and equity in this state or in any other place; to make and use a common seal, and to alter or renew the same at pleasure; and shall be and are hereby vested with all 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 said company are hereby authorized and empowered to locate, construct and complete a railroad, with a single or double track, from a point in the town of Paris, in Edgar county, to the city of Danville, in the Route of road. County of Vermilion, by the most eligible route.

Said

company shall, also, have power to extend, construct, and equip the line of their said road, to a point at or near the city of Vincennes, in the state of Indiana, upon the most practicable route, upon the same terms, and with like

road.

powers as they are hereby authorized to construct the same to Danville, whenever an amount shall be subscribed to the capital stock of said company for that purpose which, in the judgment of the board of directors, shall be suficient for that purpose; and, for this purpose, the said company Location of are authorized to lay out and locate their said road, not exceeding one hundred feet in width, through the whole length of said route, and for the purpose of cuttings or embankments, stone or gravel, or other material, may take and appropriate as much more land as may be necessary for the construction and security of said road.

stock.

§ 2. The capital stock of said company shall be one Amount capital million of dollars, which may be increased to any amount not exceeding the actual or estimated cost of construction and equipment of said road, to be divided into shares of one hundred dollars each. All the corporate powers of said company shall be vested in and exercised by a board of not less than five, nor more than thirteen directors, who shall be chosen by the stockholders of said company in the manner hereinafter provided, who shall hold their offices for one year or until their successors shall be elected and qualified; and said directors, or a majority of them, shall form a quorum for the transaction of business; shall elect one of their number president of the company; and said board of directors shall have power to appoint all necessary clerks, secretary, treasurer, and all other officers deemed necessary in the transaction of the business of said company.

examinations.

§ 3. Said corporation is hereby authorized, by their Surveys and agents, surveyors and engineers, to cause such examinations and surveys to be made of the ground and country as shall be necessary to determine the most desirable route whereon to construct their said railroad; and it shall be lawful for said company to enter upon and take possession of and

use all such lands and real estate as will or may be neces- Condemn land. sary for the construction and maintenance of the said railroad, its depots, sidings, water stations, engine houses, machine shops, and such other buildings and appendages as are or may be necessary for the construction and use of said road: Provided, all lands or real estate entered upon or taken possession of by said corporation, for the use and accommodation of said railroad, or upon which the site of the same shall have been located or determined by said corporation, shall be paid for by said company in damages, if Payments for any be sustained by the owner or owners thereof, by the land taken. use of the same for the purposes of said railroad; and all lands entered upon and taken for the use of said corporation, which are not donated to said company, shall be paid for by said corporation at such prices as may be mutually agreed upon between the said corporation and the owner or owners of such lands; and, in case of disagreement, the price shall be estimated, fixed and recovered in the manner Vol. III-19

Injury to road, penalty for.

Open books for subscription.

stockholders.

provided by the general laws now in force or which may hereafter be in force, providing for condemnation of land for purposes of internal improvement.

4. If any person shall willfully, maliciously, or wantonly obstruct the passage of any car on said railroad, or any part thereof, or anything belonging thereto, or shall damage or destroy any part of the said road, implements, or buildings, he, she or they, or any person, confederate or assisting, shall forfeit and pay to said company, for each offense, treble the amount of damages that shall be proven to have been sustained, which may be sued for in the name and behalf of said company; and such offender or offenders shall be deemed guilty of a misdemeanor, and shall be liable to an indict:nent in the same manner as other indictments are found, in any county where such offense shall have been committed, and, upon conviction, every such offender shall be liable to a fine not exceeding five thousand dollars for the use of the county where such indictment may be found, and may be imprisoned in the county jail for any time, not exceeding six months, at the discretion of the court.

§ 5. The persons named in the first section of this act are hereby appointed commissioners, who, or a majority of them, are hereby authorized to open or cause to be opened subscription books for the stock of said company, at such time and places as they may deem proper; also to appoint one or more agents to open such books and receive such Meeting of the subscriptions; and whenever fifty thousand dollars shall be subscribed, the said commissioners may call a meeting, by consent of all or a majority of the stockholders, by giving ten days' notice in some newspaper printed in Danville and Paris, or, by giving personal notice of such meeting, it shall be lawful for the stockholders to elect the directors of said company and transact any other necessary business. And when the directors are chosen and qualified, the said commissioners shall deliver the subscription books, papers and all moneys and assets belonging to said corporation in their hands or in the hands of their agents, as commissioners, to said directors; and no person shall be a director unless he is a bona fide stockholder in said company.

Additional subscriptions.

7. The directors of said company, after the same is organized, are hereby empowered to take and receive subscriptions to their capital stock, on such terms and in such amounts as they may deem for the interests of said company and as they prescribe by their by-laws and regulations, from individuals, from any other railroad or corporation, or from any county, town or village, township or city, making the same; and may acquire, by donation, stock subscription or purchase, and dispose of and convey real estate, mineral and coal lands.