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Stock subscriptions.

notice.

to grant any such company or companies the right to construct and use any portion of said road hereby authorized to be constructed, upon such terms as may be mutually agreed upon between the said company or companies; but no sale or transfer of the permanent rights, privileges or franchises of said company in said road, or any part thereof, shall be made by the directors of said road without the assent of the majority of the stockholders in interest voting at an annual or regularly called meeting of the stockholders.

§ 17. Notice shall be published in the papers printed within the counties through which the said road is located Publication of for subscriptions to capital stock and election of directors and calls for installments to be paid upon capital stock, and all meetings of stockholders. All matters intended for the action of stockholders by the directors or stockholders authorized to call meetings, shall be published in the notice given for the meetings before which said matters will be brought.

Repair highways.

completion

of

§ 18. The said corporation shall be bound to repair all public highways, bridges and water courses which may be injured in constructing said railroad or its appendages, and shall restore them, so far as practicable, to as good condition they were in before they were injured.

Time of com- 19. The said company shall be allowed three years mencement and from the passage of this act for the commencement of said railroad, and in case the same shall not be completed in ten years thereafter the privileges herein granted shall be forfeited.

road.

20. This act shall be deemed and taken as a public act, and shall be construed beneficially for all purposes herein specified or intended.

APPROVED March 4, 1869.

In force April AN ACT to incorporate the Rock Island and Illinois River Railroad Com9, 1969.

Corporators.

pany.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Henry Dart, George Vinton, Andrew Crawford, Joseph A. Sawyer, J. N. Wilson, James M. Allen, and George E. Wait, and their associates, successors and assigns, be and they fare hereby created and constituted a body politic and corName and style. porate, by the name of "The Rock Island and Illinois River Railway Company," with perpetual succession; and, Corporate pow-by that name, be and are hereby made capable, in law and equity, of suing and being sued, pleading and being im

ers.

pleaded, defending and being defended, in any court of law and equity in this state or elsewhere; and may make, have and use a common seal, and alter the same at pleasure; and shall be and are hereby invested with all powers, privileges and immunities incident to corporations, for the purpose hereinafter mentioned.

Construction

2. The said company are hereby authorized and empowered to locate, and, from time to time, to alter, change, of raiiread. relocate, construct, reconstruct and fully finish, perfect, equip and maintain a railway, with one or more tracks, from the city of Rock Island, in the county of Rock Island, Route of read. to any point on the Illinois river, between the city of Peoria and the town of Hennepin, or either of said places, on said river, by such route or to such point as the directors of said company may deem most feasible and eligible, making the city of Geneseo a point on the line thereof, and also to extend, construct and operate lateral branches from said main line in any direction, not exceeding ten miles, and, for this purpose, said company is authorized to lay out and construct said road and branches, in width not exceeding one hundred feet, throughout their whole length; and for the purpose of cuttings, embank- Materials, ete. ments and obtaining stone, sand and gravel, and for constructing and erecting shops, depots and other suitable, . proper and convenient fixtures in connection with and ap purtenant to said railway and all necessary and proper uses, may take as much more land as may be needed for the construction, operation and security of said road and branches.

Said capital

§ 3. The capital stock of said company shall be one Amount capital million dollars, which may be hereafter increased, by a vote stock. of the majority of the directors of said company, to any sum, not exceeding three million dollars. stock shall be divided into shares of one hundred dollars each, which shares shall be deemed personal property, and shall be transferable only in such manner and upon such terms as shall be prescribed by the by-laws of said company.

subscrip

$4. The persons named in the first section of this act Open books are hereby appointed commissioners for receiving subscription. tions to the capital stock of the corporation, who, or a majority of them, are hereby authorized to cause books to be opened, at such times and places as they may deem proper, for receiving subscriptions to said capital stock; and it shall be lawful for any person of lawful age, or any incorporated body, to subscribe any amount to the capital stock of said company; and the said company is hereby authorized to receive, in payment for stock, any land lying within ten miles of their said road or branches. A majority of said Vacancies. commissioners may fill any vacancies that may occur in their number, by death, resignation or otherwise.

Vol. III-25

directors.

Management. § 5. The immediate government and direction of said Powers of the Corporation shall be vested in a board of directors of not less than seven nor more than thirteen members, who shall be chosen by the stockholders of said corporation, in the manner hereinafter provided, who shall hold their office for one year after their election and until others are duly Quorum to do qualified as such; and the said directors, a majority of whom shall form a quorum for the transaction of business, shall elect one of their number president of said corporation; they shall also elect a secretary and treasurer, and may choose such other officers or agents as they may think proper; and in case a vacancy shall happen in said board of directors, it may be filled by the remaining directors or as the by-laws may prescribe.

business.

Annual election.

6. The time of holding the annual meetings of said. corporation, for the election of directors, shall be fixed by the by-laws of said company; and at all meetings each stockholder shall be entitled to vote, in person or by proxy, one vote for each share of the stock he or she may hold in said corporation; and in case of any corporation, town, township, city or county being a stockholder in said company, then the president of such corporation, or any person duly qualified by such towns, townships, counties or cities, shall represent and cast the vote to which they may be enFirst election titled to. The first election of directors shall be holden

of directors.

Payment for land taken.

as soon as may be after the sum of one hundred thousand dollars of stock shall have been subscribed. The commissioners shall give notice of the time and place at which a meeting of the stockholders will be held for the choice of directors, by publication in a newspaper published in any one or more of the counties along the line of said railroad, at least thirty days before the day set for such organization. At the time and place appointed for that purpose, the commissioners, or a majority of them, shall act as judges of said election.

87. All lands and real estate entered upon and taken possession of and used by said corporation for the purpose of the accommodation of said railway and branches or upon the site upon which said railway and its branches. shall have been located and determined by said corporation, shall be paid for by said company in damages, if any are sustained by the owner or owners thereof by the use of the same for the purpose of said railway; and all lands entered upon and taken for the use aforesaid, either corporate or private, which are not donated to said company, shal! be paid for by said company at such price as may be Application of mutually agreed upon by the parties; and in case of disagreement between the corporation and the owner or owners of such land, the price shall be fixed and recovered in the manner provided for under any general law now in force or hereafter in force on that subject; and said corpo

general laws.

ration shall have and possess all the powers, privileges and immunities provided in and by any general law now in force providing for a general system of railroad corporations or acts amendatory thereof or supplemental thereto.

S. The right of way and other real estate purchased Right of way. by said company, as well as the same taken, condemned or appropriated, as aforesaid, shall, upon due fulfillment by said company of the conditions prescribed by law, be held by them in, fee simple.

bridges.

It shall be lawful for the company hereby created Construction of to build and maintain bridges over the Illinois and Rock rivers, at such places as said company may select for crossing the same, and to take, as heretofore provided, such land as may be necessary for the approaches to the same: Provided, that such bridges shall not be constructed so as to materially impede the navigation of said rivers.

and

Towns cities may take

§ 10. The several counties in which any part of said railway or any of its branches may be hereafter located, stock. and the several townships in said counties and the cities and incorporated towns in said counties, are hereby authorized to subscribe and take stock in said company or make donations thereto in the same manner and with like effect as is provided in an act entitled "An act to incorporate the Peoria and Rock Island Railway Company," in force March 7, 1867, and the amendments thereto, in reference to such subscription, and sections 9 to 14, inclusive, with the amendments, are hereby incorporated and made a part of this act: Provided, however, that no subscriptions or dona- Conditions of tions made in aid of said railway shall be valid and binding subscriptions. against such counties, cities, towns or townships, so subscribing or donating, until said railway shall be finished so that a train of cars shall have passed over the same, through such counties, cities, towns or townships, nor shall any bonds be issued to pay for such stock as subscribed or donations made, until said railway shall be completed so that a train of cars shall have passed as aforesaid.

money.

§ 11. The said company are authorized and empowered May borrow to borrow money, from time to time, to an amount not exceeding the capital stock of said company, and to pledge and mortgage said road, or any property, effects or franchise of the said company, as security for any such loan or loans, and may dispose of the bonds by said mortgage secured at such price as the board of directors may deem advisable.

§ 12. The said company shall have power to regulate Transportation the tolls, charges and rates of transportation of freight and rates. passengers upon said road, and may change and alter the same at pleasure; and no forfeiture shall take place, by reason of the non-completion of the whole of said road, but the said company may, from time to time, build said railway in sections of not less than ten miles, and when so much is completed may be operated by the company.

13. This act shall be deemed and taken to be a public act, and shall take effect and be in force from and after its passage.

APPROVED April 9, 1869.

In force Feb. 10, 1869.

Corporators.

ers.

of railroad.

AN ACT to incorporate the Sonora Railroad Company.

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SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Robert McClaughry, John G. Fonda, William Patterson, William Timberman, Guy Wells, John A. McDowell, Daniel G. Luce, James Wilson, Christopher Smith and George Edmonds, jr., be and are hereby created a body corporate, by Name and style. the name and style of "The Sonora Railroad Company; and, by that name and style, they and their associates, successors and assigns, shall have perpetual succession; shall Corporate pow- have a common seal; may contract and be contracted with, sue and be sued, plead and be impleaded, defend and be defended, in all courts and places. The capital stock of said company shall be any sum that said corporators shall determine, not exceeding five hundred thousand dollars, to be divided into shares of one hundred dollars each. Construction Said corporation is hereby authorized to locate, construct and operate a railroad, with single or double track, from Hamilton, Hancock county, to Sonora, in said county, and may extend, locate, construct and operate said railroad to and connect with any railroad or roads in said county of Hancock, and may locate, construct and operate side or spur tracks to any quarry or quarries in said county. Said road shall, in all respects, be constructed and operated as other railways in Illinois, and shall, in all respects, as to tariff of freights, be subject to the laws now in force or hereafter to be in force, the same as railroads now in existence are or may hereafter be, and not otherwise. Said company may organize, by the election of a president and secretary and such other officers as said corporators shall determine, but shall not condemn lands for the use of said road until twenty-five thousand dollars shall be subscribed to the capital stock of said company.

Organization.

May acquire title to lands.

§ 2. Said company may acquire, by gift, purchase, condemnation or otherwise, any property necessary to the use of said company for the location, construction and operation of said road, and may hold or sell or exchange the same at pleasure; and in making condemnation said company may proceed under the Revised Statutes of 1845, relating to the right of way, or under any other law of Illinois in force relating to right of way. Said company may borrow money

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