highway, railroad, road, street or alley may be held for highway or other purposes.

§ 5. That in all proceedings had or hereafter to be had Condemn land for right of way or condemnation of real estate, for any pur- for right of way pose, to the use of said railroad company, shall proceed in accordance with the general laws now in force or which may hereafter be in force providing for the condemnation of lands for purposes of internal improvement.

gifts, etc.

6. The said corporation are hereby further authorized May receive to receive any subscriptions, donations or gifts to the capital stock of said company, either in money, lands, labor, materiale, cars, locomotives or other articles, personal or real, adapted to the construction or operation of said railroad, or any property that, in the opinion of the board of directors, may be exchanged or converted to such use; and upon receiving full payment, in manner aforesaid, of any such subscription of stock, may issue to such subscriber or subscribers certificates of stock therefor.

and cities may take

§ 7. The several counties in which any part of said rail-Towns road has or may hereafter be located or that may lie on or stock. near the line of said road, and the several townships in said counties which have adopted or may hereafter adopt township organization, and the cities and incorporated towns in said counties, are hereby authorized to subscribe and take stock in said company.

election.

§ 8. Whenever a petition shall be presented to the Request for an county court, signed by fifty legal voters of any such county, setting forth the amount of stock proposed to be taken by any such county, and specifying the time for holding such an election, the county court may order the clerk of such county to give thirty days' notice of the time of holding such election, which shall be the same time as that specified in such petition; and whenever a petition shall be presented to the supervisor of any such township, or to the corporate authorities of any such town or city, signed by twenty-five legal voters of any such township, city or town, setting forth the amount of stock proposed to be taken by any such township, city or town, and specifying the time for holding such election, it shall be the duty of the supervisor of every such township, and the duty of the corporate Notice of elecauthorities of every such city or town, to give thirty days' tion. notice of the time of holding such election in such township, city or town, which shall be the same time as that specified in such petition; which said notices shall be given in the same manner and such election or elections shall be conducted in the same mode and at the places provided for holding general elections in such counties, townships, cities and towns, at which election or elections the qualified voters of the respective counties, township, cities and towns shall legal voters. vote "For subscription" or "Against subscription ;" and the returns of such election or elections shall be made to the

Vol. III-38

Submitted to

Registration.

May levy tax.

county clerk in the same manner and within the same time, and shall be by him opened and declared in the same manner as for elections held for state and county officers; and if a majority of the votes cast at such election, by voters voting on that subject, shall be "For subscription" it shall be the duty of the county court or board of supervisors of every county, the supervisor and clerk of such townships, and the corporate authorities of such city or town, to subscribe, without unnecessary delay, upon the request of said company, for stock in said company to the amount so voted for, and to issue and deliver to said company the same amount as the stock so subscribed of the bonds of such county, township, city or town, as the case may be, payable at any time specified, not exceeding twenty years from date, or sooner, at the option of the county, township, city or town issuing the same, with interest, by coupons attached for the same, at a rate not exceeding ten per cent. per annum, payable annually; which said bonds and interest accruing thereon shall be made payable at such place within the United States as said company may request: Provided, that at any election held under the provisions of this act at any other time than the time for holding general elections for state or county purposes, it shall not be necessary for the several boards of registry to make a new register of the several voting precincts, but the register made of the legal voters at the last general election held for the election of state or county officers may be used: Provided, that any legal voter whose name does not appear on said register shall be received and taken in the same manner that unregistered legal voters' votes are received at any general election.

§ 9. It shall be the duty of the respective authorities of the several counties, townships, cities and towns, which may vote such subscription, and they are hereby required to levy and collect a sufficient special tax on all the taxable property, both real and personal, in such counties, townships, cities and towns, to pay the interest annually accruing on such bonds and to liquidate the principal of said bonds within the time specified in the same for their payment; and this provision shall apply as well to any vote taken by any county, township, city or town on the line of said railroad, for taking stock in the same previous to the passage of this act, as for stock taken under the provisions of this act. Said tax shall be levied on the assessments made by the assessors of their respective counties, townships, cities and towns as provided by the revenue laws of this state for assessing property, and shall be extended on the colleetor's books of such county, township, city or town, as a special railroad tax, and collected by the respective collectors of such counties, townships, cities and towns at the same time and in the same manner as provided by law for collecting state and

county tax; which said 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

county clerk.

of

for collecting; and the said county treasurers shall be, Liability respectively, liable on their bonds for the faithful applica- treasurer. tion of said tax to the payment of the interest and principal of the bonds for which said 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 the 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 Duties of the on the collectors' books for such county or township, as a special railroad tax, at the rate so certified for each year, in the same manner and on all the property on which state and county tax is extended, and shall receive the same pay therefor as for like services 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 and collected in and for such cities and towns: Provided, that in case the said authorities for any such county, townships, city or incorporated town shall fail to certify to such clerk the rate per cent. to be levied for any year before the time required by law for said clerk to extend state and county tax 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 so issued by the respective counties, townships, cities and incorporated

towns.

§ 10. The Grafton and Alton Railroad Company shall Extend road. have full power and authority to extend the railroad authorized by the act of their incorporation to any point on the Mississippi river or to any other line of railroad now constructed, under construction, or which may be hereafter constructed, and shall retain and possess the same rights and powers, subject to the same conditions and restrictions, and enjoy all the rights, privileges, franchises and immuni ties, with respect to every part of the said road, as the same may be extended, as aforesaid.

tions.

stallments.

11. It shall be lawful for the directors of the said com- Stock subscrippany to make calls upon the sums subscribed to the capital stock of said company at such times and in such amounts Payment of inas they shall deem fit; and in case of a failure on the part of any stockholder to make the payment of any call, made as aforesaid, by said directors, for the period of sixty days. after the same shall have become due, then the said directors are hereby authorized to declare said stock in arrears and all sums previously paid thereon forfeited to the company, or said directors may enforce payment of the whole

amount subscribed by any stockholder by suit, as provided by law.

12. The corporate rights, privileges and franchises of said company, as granted, are hereby declared to be in full force and effect, and shall be liberally construed for all purposes sought to be obtained.

13. This act to take effect and be in force from and after its passage.

APPROVED April 9, 1869.

In force March AN ACT relating to the charter of the Grayville and Mattoon Railroad 27, 1869.

Act revived.

Company.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That any and all parts and portions of the charter of the Grayville and Mattoon Railroad Company, granted by the general assembly of this state at its session of 1857, and amended at its session of 1867, that may have become nugatory and non-operative, by non-compliance of [with] said charter or other cause, be and the same are hereby re-enacted and made operative, with full force and effect; and all acts of the officers of said company, and of those persons who have acted in the capacity and assumed the powers of president and directors of said company, since the period of January first, in the year one thousand eight hundred and Acts legalized. sixty-eight, be and the same are hereby legalized and established as fully as though all the provisions of the original charter and the amendments thereto had been strictly followed and complied with-the object being to cure any defect that, by oversight, non-action or other cause, may have attached to said charter, or the appointment of officers of said corporation, or the acts of said officers, since the year one thousand eight hundred and sixty-seven, as aforesaid.

§ 2. This act to be in full force from and after its passage.

APPROVED March 27, 1869.

AN ACT to amend an act entitled "An act to incorporate the Hamilton, In force March Lacon and Eastern Railroad Company," approved March 7, 1867.

5, 1869.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the Extension. Hamilton, Lacon and Eastern Railroad Company is hereby authorized to extend its road to the city of Chicago, and may construct a branch from any place on the main line of its road, east of the Illinois river, to the state line, at any point in Kankakee county. Said company may commence the construction of its road at any point or points it may be best or convenient to do, and complete and operate any part or portion desired.

§ 2. Said company shall have the power to contract for May possess and purchase the real estate, the right of way, the road. real estate. bed, the embankments, the grading, the depot grounds, and any other rights, privileges, easements, franchises and other property pertaining [to] and useful for railroad purposes, from the American Central Railway Company, which lies in the counties of Livingston, LaSalle and Marshall, and receive the proper conveyance therefor.

§ 3. Said Hamilton, Lacon and Eastern Railroad Com- Lease or sell pany is hereby authorized and empowered to sell and con- right of way. vey, to mortgage, to lease for a term of years, or lease perpetually, its road, road-bed, tracks and appurtenances, or any part or section of the same; also, its rights of way, real estate, grounds, grades, embankments, rights, privileges, easements, franchises and other property, real and personal, pertaining to and useful for railroad purposes, in the counties of Livingston, LaSalle and Marshall, to the Chicago and Alton Railroad Company.

§ 4. Said Hamilton, Lacon and Eastern Railroad Com- Preferred stock pany is hereby authorized to issue and sell preferred stock

to the amount of two millions of dollars, in shares of one

hundred dollars each.

§ 5. All persons holding the bonds of said company, Vote of the issued for money borrowed or for iron purchased, shall be stockholders. entitled to one vote for each one thousand dollars owned, at all elections for directors of the company.

for transport&

§ 6. Said railroad company shall transport firewood Articles offered and fuel of every description over its railroad, whenever tion. the same shall be offered for transportation, at rates as low as the rates said company shall charge for the transporta

tion of other freights of a similar class.

87. The right of way for said railroad shall be acquired Right of way. in the manner provided by the general laws now in force,

or which may hereafter be in force, providing for the condemnation of lands for purposes of internal improvements. APPROVED March 5, 1869.