Telegraph lines.

Right of way.

Towns

cities may take stock.

Notice election.

said company may, furthermore, lease, purchase or receive as a donation any other road or part of road, either wholly or partially constructed, which may constitute or be adopted as part of its main line or branches, and by such lease, purchase or donation, it shall acquire and become vested with all the rights and franchises pertaining to such road or part of road so leased, purchased or donated, in the right of way, donations, constructions, maintenance and working thereof: Provided, that such consolidations shall be subject to the general railroad law of 1849.

8. The said company shall have the right to construct a line or lines of telegraph along its railway and branches, ard to maintain and operate the same, and shall have all the powers and privileges and be subject to all the liabilities prescribed by an act in relation to telegraphs, enacted by the state of Illinois and approved February 9, 1849, and any act or acts amendatory thereof or supplemental thereto.

9. It shall be lawful for the incorporate authorities of any incorporate city or village, through which said railway shall be located, to donate or lease to said railway company, as a right of way, the right to lay a single or double track through said city or incorporated village, or any portion of the same, or any street or highway that the said railway company shall select for that purpose; said lease or permit to be unchangeable and perpetual, except at the option of the said railway company and corporate authorities of

such towns or cities.

§ 10. That any village, city, county or township organand ized under the township organization law or any other law of this state, along or near the route of said railway or its branches or that are in any wise interested therein, may, in their corporate capacity, subscribe to the stock of said company or make donations to said company, to aid in constructing and equipping said railway: Provided, that no such subscriptions or donations shall be made until the same shall be voted for, as hereinafter provided. That whenever twenty legal voters of any such city, village, county or township shall present to the clerk thereof a written application, requesting that an election shall be held to determine whether such village, city, county or township shall subscribe to the capital stock of said company or make a donation there10, to aid in building or equipping said railway, stating the amount, and whether to be subscribed or donated and the rate of interest and times of payment of the bonds to be issued in payment thereof, such clerk shall receive and of file such application, and shall immediately proceed to post written or printed notices, calling an election to be held by the legal voters of such village, city, county or township, which notice shall be posted in ten of the most public places of such village, city, county or township, for thirty days preceding an election; and said notices shall state fully

ner of election.

subscribe stock.

the objects of such election; and such election shall be held Mode and manand conducted and returns thereof made as general elections provided by law in this state and as provided by the charters of any such village or city: Provided, that at any election held under the provisions of this act it shall not be necessary to cause a registration of the voters of such villages, cities, counties or townships; and if a majority of the votes cast at such election shall be in favor of such subscription or donation, then the corporate authorities of such village, city, county or township organized under the township organization laws of this state, the supervisors of such Supervisor may township shall subscribe to the capital stock of said company or donate thereto, as shall have been determined at such election, the amount so voted at such election, and shall issue the bonds, with interest coupons attached, of such village, city, county or township to said railway company, in such denominations as said railway company may designate-said bonds drawing interest at a rate not exceeding ten per cent., per annum, and the interest on said bonds to be paid semi annually, and said bonds to be paid in twenty years from the date of their issue, with the privilege reserved to the said villages, cities, counties or townships of paying said bonds at any time after five years from the date of their issue; and said bonds to be signed, in case of a village by the chairman of the board of trustees Bonds executed thereof, in case of a city by the mayor thereof, in case of a county by the county judge or the chairman of the board of supervisors thereof, and in case of a township by the supervisor thereof; and, in all cases, to be countersigned by the clerk of said village, city, county or township. And Tax to pay inany such village, city, county or township subscribing or making donation to such railway, as aforesaid, shall by its proper corporate authorities, annually thereafter, levy and collect a sufficient tax on its assessed property to pay the interest on its bonds issued as aforesaid as the interest becomes due, and provide in due time to pay the principal at maturity.

pay interest.

§ 11. Whenever the bonds issued by any village, city, Duties of the county or township, in pursuance of this act, shall not be promptly paid at the time they fall due or the interest thereon shall not be paid promptly when due, the clerk of such village, city, county or township, on the application, in writing, of any creditor to whom such arrears of interest or principal shall be due, shall assess the full amount of such interest and principal, so due from such village, city, county or township, and place the same upon the proper tax lists, to be collected with the other taxes of such village, city, county or township: Provided, that not more than three per cent. of taxes on the assessed valuation shall be levied in any one year.

Vol. III-40

Evidence

bonds,

payment bouds.

of § 12. That when payment of subscription to the capital stock of said company or payments for donations to said company have been or shall be made by villages, cities, counties or townships, in bonds of such villages, cities, counties or townships, under any act authorizing such subscription or donation to be made, all such bonds issued or negotiated by the proper authorities of such villages, cities, counties or townships, and appearing regular on the face thereof, shall, in the hands of said company or any other bona fide holder thereof, be deemed and taken, in all courts and elsewhere, as prima facie evidence of the regularity of everything required by the several acts in relation to the issuing of said bonds or by any other act to be done preliminary to the issuing and negotiation of said bonds. Condition of § 13. Whereas, in section seven, of the act to which this is an amendment, it was provided that any bonds in payment of any donations made by counties to said railway company that each of said bonds should declare upon its face the conditions upon which it should become due; and whereas, the election notices heretofore issued by the proper authorities of any such counties making donations to said railway company, as well as the act to which this act is an amendment, contains certain conditions required to be fulfilled by said railway company before the bonds of such county should become due and payable and which conditions were by such notices, as well as by the act to which this act is an amendment, required to be inserted in the face of such bonds to be issued by such counties; therefore, be it further enacted, that upon a full and complete performance by said company of all the conditions upon which said bonds were to become binding obligations of the counties issuing the same, it shall be the duty of the county court or the board of supervisors, where such county is under township organization, of the respective counties making such donations, to enter an order upon their records, at a regular or special term of their court, directing the clerk of such court to certify, over his official seal, upon the back of each of said bonds so issued, in language as follows, viz: "All of the conditions upon which this bond was to become a binding obligation of the county of have been complied

Certificate.

fled with auditor.

with."

Bonds may be § 14. That the holders of twenty thousand dollars, or upwards, of the bonds of any county or city, issued in pursuance of this act or the act to which this is an amendment, may, at any time, file the same with the auditor of public accounts, for registration and for collection and payment of interest and principal; and all the provisions of "An act relating to county and city debts and to provide for the payment thereof by taxation in such counties and cities," approved February 13, 1865, so far as the same relates to registration, collection and payment of interest,

according to the tenor of said bonds, shall be in force and be applied for the benefit of all such bonds, so registered, and whenever the proper county or city authorities shall provide for payment of principal of such bonds the amount annually to be raised for that purpose shall be certified by the proper authorities of such county or city to the auditor of public accounts, and the provisions of said act shall apply to the collection and payment of the principal of said bonds, as so provided by said county or city authorities. Nothing in this section shall be constructed to change the rate of interest or payment of principal of said bonds, as provided on their face, or in anywise to impair the rights of the holder of said bonds to collect either interest or principal, in case of any default in payment of the same.

§ 15. The board of directors of said company, after said railway is completed from the Ohio river to the Illinois Central Railroad, may consist of not less than five nor more than thirteen, and the number may be changed at any regular meeting of the stockholders, and a majority of the board of the directors shall constitute a quorum for the transaction of business; and said directors may open books for the subscription of stock at such time and under such regulations as they may determine.

16. This act shall be deemed a public act, and shall be in force from and after its passage. APPROVED February 24, 1869.

1809.

AN ACT supplemental to an act entitled "An act to amend an act to in. In force Feb. 24, corporate the Illinois Southeastern Railway Company," passed at the

present session of the general assembly.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That section see. 11 repealed numbered eleven (11), of the act to which this is a supple

ment, be and the same is hereby repealed.

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

APPROVED February 24, 1869.

In force March AN ACT relating to the Indianapolis and St. Louis Railroad Company, 11, 1869. and to authorize extension of said railroad.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the Lease of road. lease of the St. Louis, Alton and Terre Haute Railroad Company, and the property and road thereof, to the Indianapolis and St. Louis Railroad Company, under which the railroad extending from Terre Haute, in the state of Indiana, to East St. Louis, in the state of Illinois, is now operated, be and stand confirmed, according to the terms of said lease: Provided, however, that nothing in this act shall be construed to release the said lessors from any debt, cause of action or contract now existing against them. Newcorporation § 2. The said lessees, their associates, successors and assigns, shall be a railroad corporation, in this state, under Name and style. the said style of "The Indianapolis and St. Louis Railroad Company," and shall possess the same or as large powers as are possessed by said lessor corporation, and such other powers as are usual to railroad corporations. Said Indianapolis and St. Louis Railroad Company may and are hereby authorized to extend said line of road from any point on the same, between the cities of Pana and Litchfield, on said road, or from either of said points westward to the Mississippi river, opposite Louisiana or any point below, not exceeding fifteen (15) miles, in the state of Missouri, with a branch thereof to the city of Quincy, in the state of Illinois, and the same to connect with the railroad bridge over said river, at said city of Quincy.

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

APPROVED March 10, 1869.

In force March AN ACT to amend an act entitled "An act to incorporate the La Salle 29, 1869. and Lafayette Railroad Company," approved February 15th, 1855, and the act amendatory thereof, approved February 21, 1859.

corporators.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That David Additional in. Strawn, Joel W. Hopkins, Elmer Baldwin, William Strawn, Williamson Durley, and Wm. Allen, be and they are hereby constituted and appointed additional incorporators, with equal rights, powers and privileges with those named in the act hereby amended.

May

road.

extend § 2. The said company is authorized and empowered to extend its railroad from the terminus named in the act to which this is an amendment, or to construct a branch from