of countytreasurer nually or semi annually accruing on said bonds, and to discharge the principal of said bonds within the time specified in the same for their payment; and this provision shall be faithfully complied with. Said tax shall be levied on the assessments made by the assessors of the respective townships, cities and towns, as provided by the revenue laws of this state for assessing property, and shall be extended on the collector's book of such county, township, city or town, as a special railroad tax, and collected by the respective Levy special tax collectors of such counties, townships, cities or towns at the same time and in the same manner as provided by law for collecting state and county tax; which special tax shall be paid by the respective collectors to the county treasurer of the county in which the tax is collected, deducting therefrom one per cent. only for collecting; and the respective county treasurers shall be liable on their bonds for the faithful application of said tax to the payment of the interest Liabiliy and principal of said bonds which said special tax was levied and collected to pay, and shall receive therefor, in full compensation, a commission of one per cent. only, for receiving and paying out said tax. The corporate authorities of their respective counties and townships shall certify to the county clerk of the proper county the rate per cent. to be levied for each year for such special tax, and the said county clerk shall extend the same on the collec- Rate per cent. tor's book for such county or township, as a special railroad of tax levied. tax, at the rate so certified for each year, in the same man ner and on all the property on which state and county tax is extended, and shall receive the same pay therefor as for like service for state and county purposes; and the respective authorities of such cities and towns shall levy and collect such special railroad tax in the same manner as other tax is levied in and for such cities and towns: Provided, that in case the said authorities for any such county or township shall fail to certify to such clerk the rate per cent. Clerk's duties. to be levied for any year before the time required by law for said clerk or shall certify to a less amount than will pay the same, then the said county clerk shall extend such tax as will pay the interest and principal due for such year on all such bonds issued by the respective counties and townships. 20. The county courts of the several counties through swamp lands. which said railroad shall pass are authorized and empowered, upon such terms and conditions as they may deem best for the public good, to grant and convey to said railroad company the swamp lands or any other lands or property, real or personal, belonging to such counties, to aid in the construction of said railroad: Provided, that in no case shall such lands be conveyed to said company or the title thereto vest in said company until said railroad shall be completed into or through the county granting the same, Vol. III-3 Issue of bonds prima facie evidence. over Bridge Wabash river. as may be agreed upon by and between said county and said railroad company: And, provided, further, that in no case shall such lands be conveyed to said company or the title thereto vest in said company until a majority of the legal voters of such counties shall have so voted at an election to be held in accordance with the provisions of section 17 of this act. § 21. When payments of subscriptions to the capital stock of this company shall be made by counties, cities, towns or townships, under this act, all such bonds issued or negotiated by the proper authorities and appearing regular on the face thereof, shall, in the hands of said company, or any other bona fide holders thereof, be deemed and taken, in all courts and elsewhere, as prima facie evidence of the regularity of everything required by this act in relation to the issuing such bonds to be done preliminary to the issuing and negotiation of said bonds. 22. It shall be lawful for the said railroad company to build, maintain and use, for railroad purposes and as a public highway, a bridge over the Wabash river or that portion within the jurisdiction of the state of Illinois, according to its present limits, in such manner as shall not materially obstruct or interfere with the free navigation of said river, and to connect such bridge, by railroad or otherwise, with any railroad or other public road within the state of Illinois or Indiana; and to contract with any corporation or municipal authorities, in either of said states, for the construction and maintenance of said bridge, and to Construction of. establish rules and regulations for the government, use and management thereof; and the said railroad company shall have the exclusive right to do and perform all the acts in this section enumerated: Provided, the work upon said bridge shall commence within ten years and be finished within twenty years from the passage of this act. § 23. And this shall be deemed a public act, and shall be liberally construed for all the purposes therein expressed and declared, and shall be in force from and after its passage. APPROVED March 26, 1869. In force March 31, 1860. corporators. AN ACT to incorporate the Fayette County Railroad Company. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Beverly W. Henry, Tevis Greathouse, Perry Devore, Ferris Ferman, Samuel Fogler, John W. Springer, Alfred Griffith, John P. Van Dorston, Samuel G. Harris, William Hawkins, and Henry Goodman, their associates, successors and assigns, are hereby created a body politic and corpo ers rate under the name and style of "The Fayette County Name and style. Railroad Company;" and, by that name, be known; and they are hereby made capable, in law and equity, to sue Corporate pow and be sued, plead and be impleaded, defend and be defended, in all courts of law and equity in this state or elsewhere; to make, have and use a common seal, and the same to renew or alter at pleasure; and they are hereby authorized to make and publish all necessary rules, regu lations or by-laws for the carrying out of the purposes intended by this act, and to alter and change the same at pleasure. tal stock. § 2. The capital stock of said company shall be two hun- Amount capidred and fifty thousand dollars, which may be increased by said company to any sum not exceeding one million of dollars, which may be divided into shares of fifty dollars each, which shall be deemed personal property, and may be issued and transferred in such manner as the board of directors of said company may prescribe. road. § 3. The corporation hereby created shall have power to Construction of locate, furnish, maintain, construct and operate a railroad, with one or more tracks, commencing at the point deemed by them most convenient, between the stations of Tonti and Edgewood, on the Chicago Branch of the Illinois Central Railroad, in this state; to run from such point, when and where designated by said board of directors, to some Route of road. point, so to be selected by said board of directors, on the St. Louis, Vandalia and Terre Haute Railroad, at Vandalia, or between Vandalia and Howard's Point, on the line of said St. Louis, Vandalia and Terre Haute Railroad, to intersect with and be a connecting link between the Chicago Branch of the Illinois Central Railroad and the St. Louis, Vandalia and Terre Haute Railroad, on the main line of the Illinois Central Railroad, at Vandalia, and with all the necessary side tracks, turnouts, switches, depots, stations and all necessary buildings, erections and structures; and, for the purpose of obtaining stone, gravel and other material for building, ballasting or repairing the same, and of a right of way to said material, the said company be and they are hereby authorized and empowered to take, condemn and Condemn land. use the same, under the provisions of "An act to amend an an act entitled an act to incorporate the St. Louis, Vandalia and Terre Haute Railroad Company," approved February 8th, 1867, and passed general assembly of the state of Illinois; and they are further vested with all of the powers ne cessary for the purchasing, taking, holding and selling and transferring property, real and personal, as natural persons, as the board of directors may deem necessary to carry out this act. Connect with § 4. Said company shall have power to unite, connect or consolidate its railroad with any other continuous lines other roads. of railroad, constructed or which may hereafter be con structed in the state, upon such terms as may be mutually agreed upon between the companies so uniting, connecting or consolidating, and, for that purpose, full power is hereby given to said company to make and execute such contracts with any other company as will secure the objects of such Lease railroad. connection or consolidation, and the said corporation may, furthermore, lease or purchase, upon such terms as may be agreed upon, any other roads or parts of roads, either wholly or partially constructed, which may constitute or be adopted as a part of their main line, and by such lease or purchase they shall acquire and become vested with all the rights and franchises pertaining to such road or part of road, so leased or purchased, in the right of way, construction, maintenance and working thereof. May money. borrow to secure pay § 5. The said company is hereby authorized, from time to time, to borrow such sum or sums of money as may be necessary for the completing, equipping, furnishing and maintaining their said railroad, and to issue and dispose of the bonds, at such rate of interest and at such discount as may be thought for the benefit of the company, and to Deed of trust mortgage their corporate property and their franchises or ment of bonds. Convey the same, by deed of trust, to secure the payment of any debt contracted by said company for the purpose aforesaid; and the directors of said company may confer on any bondholder of any bond issued for money borrowed, as aforesaid, the right to convert the principal due or owing thereon into stock of said company, at any time, and may further authorize the holder of any such bond to vote at any and all elections for the election of officers for said corporation, under such regulations as the directors of said Sale of bonds. company may see fit to adopt; and any such bonds that may be sold or disposed of at a less rate than par shall be as valid and binding on said company as if the same were sold for the par value thereof. Powers of the directors. First board. § 6. All the corporate powers of said company shall be vested in and exercised by a board of directors, to consist of not less than five nor more than eleven members, and of such officers and agents and servants as they shall appoint. Vacancies in the board of directors may be filled by a vote of two-thirds of the directors remaining such appointees to continue in office till the next annual election of directors; which said annual election shall be held at such time and place as may be designated and fixed by the by-laws of said company, thirty days' printed notice being given in two newspapers having circulation in Fayette county. $ 7. Samuel Fogler, Tevis Greathouse, Beverly W. Henry, John P. Van Dorston, Perry Devore, Samuel G. Harris, and Henry Goodman, shall be the first directors of said corporation, and shall hold their offices, respectively, until their successors are elected and qualified. The first election for officers to fill their places to be held at such time as they or a majority of them may fix, within two years after the passage of this act, and elections for directors subsequently to be annually thereafter. § 6. This act shall be deemed a public act, and take take effect from and after its passage. APPROVED March 31, 1869. AN ACT to incorporate the Freeport, Monroe and Superior Railroad In force June Company. 19, 1869. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That John Corporators. W. Steward, Charles Foster, Andrew Hinds, Charles Moore, Abraham Power, Thomas Pollock, William A. St. John, Charles Reitzell, Frederick Balender, John H. Addams, Thomas Kockeral, James H. Addams, Adrian W. Lucas, James Mitchell, Col. John W. Shaffer, John F. Smith, and John H. Brewster, are hereby made and constituted a body corporate and politic, by the name and style of "Freeport, Monroe and Superior Railroad Com- Name and style. pany," with perpetual succession; and, by that name and style shall be capable, in law, of taking, purchasing, hold Corporate powing, leasing, selling and conveying estate and property, whether real or personal or mixed, so far as the same may be necessary for the purposes hereinafter mentioned, and no farther; and, in their corporate name, to sue and be sued; to have a common seal, which they may renew or alter at pleasure; and may have and exercise all powers, rights, privileges and immunities which are or may be necessary to carry into effect the purposes and objects of this act, as the same are hereinafter set forth. ers. Construction of railroad. § 2. The said company are hereby authorized and empowered to locate, and, from time to time, alter, change, relocate, construct, reconstruct and fully to finish, perfect and maintain a railroad, with one or more tracks, commencing at or near Freeport, on the Illinois Central Railroad, or on any other railroad now built or that hereafter may be built, in Stephenson county; thence, on the most eligible Route of road. route, to some point or points on the north line of this state, in Stephenson county, in the valley of the Richland creek, on said state line; thence, to connect with any road or roads that are or may hereafter be constructed in the state of Wisconsin, to said state line; and the said company are further authorized to use and operate said railroad, and shall have power and authority to regulate the time and manner in which goods, effects and persons shall be transported on the same, and to prescribe the manner in which. |