Width of road. not to exceed one hundred feet in width, through its entire length, and may enter upon and take possession of and use all and singular any lands, strea:ns and materials, of every kind, for the location of depota, stations, and may construct bridges, dams, embankments, excavations, station grounds, spoil banks, turnouts, engine houses and other buildings necessary for the completion and full operation, preserving, Damages paid. maintaining and continuing of said road. All such lands owned by any person or persons and cannot be obliterated by voluntary grant or release, the same may be obtained, taking and paying for, if any damages are awarded, in a 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 improvement.

Amount capital stock.

§3. The capital stock of said corporation shall be one hundred and fifty thousand dollars, divided into shares of one hundred dollars, which shall be deemed personal property, and may be issued and transferred in such manner as the board may direct, who shall have power to require the payment of sums subscribed by the stockholders in such Stockholders' manner as they may deem proper; and any refusal or neg

fability.

To open books for subscription.

directors.

lect to make payment, on requisition of said board, the shares of said delinquent may be sold by the order of the board, giving thirty days' notice, under the rules and bylaws of the board, and the surplus, after deducting the payment due said corporation, shall be paid to such delinquent stockholder.

4. The corporation herein named shall cause books to be opened for the subscription of stock in such manner, time and place as they may think proper; and when a sufficient amount of stock is subscribed and actually paid in, said company may make the same a basis to effect a loan to Powers of the complete said road. And all the corporate powers of said company shall be vested in a board of directors and such officers, agents and attorneys as they may appoint-each share having one vote, to be given in person or by proxy. And all vacancies may be filled by the board from the stockholders until the next annual election; and all officers, agents, servants and attorneys, whether members of the board or not, may be paid off and dismissed, under such rules as the board may adopt.

May unite with other roads

Time of commencement and completion

road.

§ 5. Said company hereby created is fully authorized to connect with, intersect, consolidate and contract said road in connection with any other railroad; and all the rights secured to either of said roads are hereby secured to the consolidated road.

6. The said company shall be allowed five years from of the passage of this act for the commencement of the construction of said railroad; and in case the same shall not be completed in ten years thereafter the privileges herein granted shall be forfeited.

7. This act shall be taken and deemed a public act, Construction and shall be construed beneficially for the purposes herein of act. specified or intended.

APPROVED March 26, 1869.

AN ACT to incorporate the Jacksonville and Ohio River Railroad In force March

Company.

30, 1869.

Corporate pow

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Cor- Corporators. nelius S. Goltra, George M. Chambers, John C. Salter, Thomas M. Metcalf, Richard W. O'Banon, David R. Sparks, Griffith W. Layman, Jediah F. Alexander, Samuel R. Casey, Willis Duff Green, Aaron G. Claud, and their heirs, successors and assigns, are hereby created a body corporate and politic, under the name and style of "The Name and style. Jacksonville and Ohio River Railroad Company ;" and, in that character, shall have perpetual existence and succession, and shall possess all the powers, privileges, immunities and rights incident to corporations and necessary to ers. carry into effect the objects and purposes of this act, which is to lay out, build, construct, equip, complete and continue in operation a railroad from Jacksonville, in Morgan county, by way of Waverly, Girard, Litchfield, Walsh- Route of road. ville, Greenville, Mount Vernon, in Jefferson county, and McLeansboro, in Hamilton county, and thence to the Ohio river; and they may cross any railroad or railroad line now laid out or to be hereafter laid out in this state, and they may make connections with any railroad on the line cr at either terminus, on such terms as may be mutually agreed upon between the parties, or if they cannot agree, they may have the same referred.

§ 2. The capital stock of said company shall be one- Amount capital half million of dollars, which may be increased, from time stock. to time, by a majority of the legal voters of said company: Provided, notice of such intended vote shall have been published in some public newspaper published on or nearest said railroad line, and also posted up in the manner now prescribed by law, at least thirty days before the day of voting thereon; and a copy of said notice forwarded to each voter at least ten days before the said day

of voting. Said capital stock shall be divided into shares Increase of capof one hundred dollars each; and each share on which ital stock. there is no unpaid calls shall entitle the bona fide owner thereof to one vote, either in person or by legal proxy, in all elections for directors or for increasing the capital stock of said company, and on such other subjects as may be provided for in the by-laws of said company.

Open books for subscription.

road.

§ 3. Said company may organize, by opening books for the subscription of stock and elect their board of directors, to consist of seven, at any time after the passage of this act, by giving notice of the time and place of such election, by publishing notice thereof in some newspaper published on or nearest the line of said road and having a copy thereof, directed to each member of said company, at least thirty days before the day set for such organization.

Construction of 4. Said company shall have power, when in their discretion they have a sufficient amount of capital stock subscribed, to proceed to lay out, locate, construct, build, equip, complete and operate their railroad; and, for that purpose, may take, use, occupy, condemn and own any lands, earth, gravel, sand, stone or other material, for two hundred feet wide, along the whole length of said road: Provided, the same is condemned in pursuance of the requirements of the laws now in force for condemning for railroad purposes in this state, or they may mutually agree with the owner of such property or receive the same as gifts, grants or donations.

Towns

and § 5. Any incorporated city, town, county or township, cities may take situated on or near the line of said road, may subscribe to

stock.

legal voters.

the capital stock of said company any sum, not exceeding two hundred thousand dollars: Provided, a majority of the legal voters voting on that question shall have voted in Submitted to favor of such subscription: Provided, that thirty days' notice of such election shall be given, in the manner now prescribed by law; and such elections shall be held in the manner prescribed by the laws applicable to other special elections, and, to this end, the county court or board of supervisors may, from time to time, order elections. and specify the amount proposed to be subscribed, as they may deem expedient; and the clerks of the county courts or board of supervisors shall receive the poll books and canvass the vote and report the same as in other elections.

Rules for government.

Privileges.

Articles of and

tiɔn.

§ 6. Said company shall have a common seal, and alter the same at pleasure; and the board of directors may make such by laws and regulations as they may deem expedient for the government of said company, not inconListent with the constitution or laws of the United States or of this state; and they may issue the bonds of the company and negotiate the same and mortgage the property of the said company, both real, personal and mixed, for the payment of the said bonds or any part thereof.

$ 7. All the rights, privileges and immunities necessary to carry into effect the provisions of this act, not granted herein, may be obtained under the laws of this state now in force or that hereafter may be in force.

§ 8. Said corporation shall transport fire wood and fuel, 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.

9. This act shall be deemed a public act, and be in force from and after its passage.

APPROVED March 30, 1869.

AN ACT to incorporate the Joliet, Newark and Mendota Railway.

In force April

1, 1869.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Corporators. Henry Snapp, William Grenton, Warren M. Sweetland, Samuel M. Rowe and John A. Coy, and their associates, successors and assigns, be and they are hereby created a

body corporate and politic, by the name and style of "The Name and style. Joliet, Newark and Mendota Railway," with perpetual succession, and power to build, maintain and use a railroad, from the city of Mendota, in the county of LaSalle, in the state of Illinois, by way of Newark and Grinton, to the city of Joliet, in Will county, Illinois; the said railroad to be built on or near the established line of the old Ilinois Grand Trunk Railway, as near may be practicable, from Mendota to Joliet, running through the places before named, between Mendota and Joliet; to purchase and hold, lease, sell and convey estate, whether real, personal or mixed, so far as may be necessary to carry [out] the intentions of this act; and, in their corporate name, may sue and be sued, as natural persons; may have and use a common seal; may make e s. all by-laws, rules and regulations deemed necessary and proper for the government and management of said corporation and its affairs, and shall have the right to exercise all powers which are or may be necessary to carry into effect the purposes and objects of this act, and, also, for such purposes may make, execute and deliver bonds, notes, mortgages or other evidences of indebtedness and agreements to pay the same, and, for such purposes, may negotiate for and take the same.

Corporate pow

2. Said corporation shall have the right to negotiate May purchase for and purchase the road-bed and right of way of the late road-bed. or old Illinois Grand Trunk Railway, from Mendota, in LaSalle county, to Joliet, in Will county, and each and all of the corporate rights, franchises and privileges of said old Ilinois Grand Trunk Railway Company, and to enter upon and build and complete the same when so purchased, to all intents and purposes the same as said Illinois Grand Trunk Railway might have done. But nothing in this act shall be construed to make the corporation hereby created liable,

vested in new

in any way or manner, to pay the debts of said old Illinois Rights re-in- Grand Trunk Railway Company. And all rights, privicorporation. leges, franchises and property, which have lapsed and reverted to the state of Illinois, from the failure of the old Illinois Grand Trunk Railway Company, are hereby granted and vested in the corporation created by this act.

Liability

of

§ 3. No stockholder, whether corporate or natural perstockholders. son, shall be otherwise liable upon his, her or their respective subscription of stock than for the amount of such subscription of stock to the said company.

examinations.

Surveys and § 4. The said corporation are hereby authorized, by their agents, surveyors and engineers, to cause such examination and surveys to be made of the ground and country between said points above mentioned, from the west to the east, as shall be necessary to determine and select the most proper, direct and feasible route whereon to construct their May take lands. said railroad; and it shall be lawful for said corporation to enter upon and take possession of and use all such lands and real estate as may be necessary for the construction, maintenance and operation of their said railroad: Provided, that all lands or real estate entered upon and taken possession of and used by said corporation, for the purposes and accommodation of said railroad, or upon which the site of said railroad shall have been located and determined by Compensation said corporation, shall be paid for by said company to the

for land.

Right of way.

tal stock.

owner or owners thereof, for the purposes of the said railroad; and all lands entered upon, which are not donated to said company for the use of said railroad, shall be paid. for by said corporation at such price as may be mutually agreed upon by the corporation and the owner or owners of such lands. And in all cases when said company shall not be able to acquire the right of way through any lands or premises they may wish to occupy for the purposes of said railroad or its appendages, by purchase or voluntary cession, said company may proceed to obtain such right of way under the provisions of any general law of this state now in force or which may hereafter be in force, providing for the condemnation of lands for the purposes of internal improvement.

Amount capi-5. The capital stock of said company shall be five hundred thousand dollars, which may be increased to any amount not exceeding two millions of dollars. Said stock shall be divided into shares of one hundred dollars each, which shall be deemed personal property, and may be issued and transferred as the board of directors may prescribe.

Annual meet

of

holders.

6. The time of holding the annual meetings of said in stock corporation, for the election of directors, shall be fixed and determined by the by-laws of said company; and, at all meetings, each stockholder shall be entitled to vote in per