in favor of subscription. Issue bonds. in each town, township or village-which notices shall be posted not less than thirty days before the day of holding suca election-notifying the legal voters of such town, township or village to meet at some place to be designated by said clerk, for the purpose of voting for or against such When majority subscription. If it shall appear that a majority of all the legal voters of such town, township or village voting at such election have voted for subscription, it shall be the duty of the supervisor of such town, or the chief executive officer of such incorporated town, and the county clerk for and in behalf of such township or village, to subscribe to the capital stock of said railroad company, in the name of such town, township or village, the amount so voted to be subscribed, and to receive from the said company the proper certificate therefor. He shall also execute to said company, in the name of such towns, townships or villages, bonds bearing interest at ten per cent. per annum; which bonds shall run for a term of not more than twenty years, and interest upon the same shall be made payable annually; and which bonds shall be signed by such chief executive officer, supervisor or county clerk, and attested by the town clerk, where there is one; and it shall be the duty of clerks to make out a record of the issuing of said bonds. Said bonds shall be delivered to the president or secretary of said company, for the use of said company. And when any county or city shall hereafter vote to make subscription, as aforesaid, the chairman of the board of supervisors of such county, and the mayor of such city, shall be required to subscribe to the capital stock of said company the amount so voted. Transcript of vote and amount subscribed. Levy tax to pay interest. § 18. It shall be the duty of the clerk of any such town, and the clerk and judges of election of such townships and villages, (who shall be appointed by the county clerk,) in which a vote shall be given in favor of subscription, within ten days thereafter to transmit to the county clerk of their respective counties a transcript or statement of the vote. given, and the amount so voted to be subscribed, and the rate of interest to be paid. 19. It shall be the duty of the county clerk of such county, annually, after the execution and delivery of said bonds, as aforesaid, to compute and assess upon all taxable property returned by the assessor of such town, township or village, a sum sufficient to pay the interest upon all bonds so issued by the respective towns. townships or villages, and the costs of collecting and disbursing such amount; which tax shall be extended upon the collector's books as other taxes are, and collected in the same manner that other taxes are collected, and, when collected, shall be paid to the treasurer of the county; and such town, township or village may, when providing for the levying and collecting of other taxes, also assess upon the property of such town, township or village any rate, not exceeding three per cent. per year in any one year upon the assessments, to provide a fund for the redemption of the principal of such bonds, as or when they shall become due-said tax to be levied and collected as other taxes are collected, and shall be paid into the county treasury; and within and after the maturity of such bonds, shall provide, by taxation or otherwise, for their liquidation; and the county clerk may submit the question of creating such fund to the legal voters of the villages or townships, at any time. Duties of the § 20. It shall be the duty of the county treasurer to pay out, on the presentation to him of the bonds issued as county treasurer aforesaid, the amount due upon such bonds as interest, and also upon principal, where any tax shall be assessed and collected to pay principal, out of any money in his hands for that purpose, and indorse such payment of interest, or partial payment of principal, upon such bonds; and when said bonds shall be paid, he shall receive and cancel the same, and return the same to the officers issuing the same, who shall destroy the same in the presence of the town clerk; and records shall be made thereof by the proper officers. Town collectors and county treasurers shall receive the same per cent. for receiving and disbursing said fund as they now receive in collecting and disbursing the school fund. 21. At all elections of directors, and in all questions Represent and voted on by stockholders, the chief executive officer of such cast vote. town, or the supervisor of such town, and such person as shall be chosen by the legal voters of the township or village which shall have subscribed to said stock, shall represent and cast the vote which said stock represents. § 22. This act shall be deemed a public act, and shall be in force and effect from and after its passage. APPROVED April 19, 1869. AN ACT to incorporate the Kinmundy and Pana Railroad Company. In force March 30, 1869. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That C. A. Corporators. Montross, D. C. Moore, D. P. Snelling, W. B. Eagan, Isaac Eagan, Dyas Powers, M. Wilson, Tilman Raser, William W. Foster, C. H. Munger, James G. McCreery, J. H. Grey. J. W. Robb, W. T. Sprouse and Hon. Thomas E. Merritt, their associates, successors and assigns, are hereby created a body politic and corporate, under and by the name and style of The Kinmundy and Pana Railroad Company," Name and style. with perpetual succession; and, by that name and style, Vol. III-10 ers. Corporate pow- shall be and are hereby made capable, in law and in equity, to sue 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 alter the same at pleasure: and, by that name and style, shall be capable, in law, of holding, purchasing, taking, leasing, selling and conveying estate and property, real, personal and mixed, so far as the same may be necessary for the purpose hereinafter named, and not further; and shall be and are hereby vested with all the powers, privileges and immunities which may be necessary to carry into effect the object and purpose of this act. Construction of railroad. § 2. The said company shall have power and authority to locate, and, from time to time, to alter, change and relocate, construct and reconstruct, finish, maintain and operate a railway or railroad, with one or more tracks, commencing Route of road. at Pana, in the county of Christian, running thence, through Fayette county, to Kinmundy, in the county of Marion, in the state of Illinois, upon the most eligible route, to be selected by the company; and, for the purpose of constructing said railroad, said company shall have power to lay out and establish their said road, in width not exceeding one hundred feet, through the entire length thereof; and, for the purpose of constructing bridges, dams, embankments, excavations, spade-banks, engine houses, depots, station grounds, machine shops, turn-outs, turn-tables, and all other buildings and fixtures necessary and suitable for the construction, altering, maintaining and operating said road, and also for obtaining necessary stone, gravel and rails, the said company may take, use and occupy all necessary lands. upon either side of said railroad. General powers. cate railroad. 3. The said company shall have power to take and hold all such voluntary grants and donations of lands and real estate as may be made to said company, to aid in the construction and maintenance of said road, and to take conveyances of any and all estate therein to said company, and their successors in office, or their assigns, in fee and otherwise; and the right of way and the real estate purchased for the right of way for said company, whether by mutual agreement or otherwise, or which shall become the property of the company by operation of law, as in this act provided, shall, upon the payment of the amount of money belonging to the owner or owners of said lands, as a compensation for the same, become the property of said. corporation, in fee simple. Survey and lo- 4. The said company are hereby authorized, by their surveyors, engineers and agents, to enter upon any lands, for the purpose of making the necessary survey and examination of said road, and to enter upon and take and hold all lands necessary for the construction of said road, by making just compensation to the owner thereof for damages. that may arise from the appropriation thereof to the uses aforesaid; and in case said company cannot acquire title to the land required for such uses by purchase or voluntary cession, then they may proceed to acquire it under the general laws in such case made and provided. stock. 5. The capital stock of said corporation shall consist of Amount capita. two million (2,000,000) dollars, and may be increased by the directors of said corporation to any sum necessary to complete and equip said road. The said capital stock shall be divided into shares of one hundred dollars each, and shall be deemed personal property, liable to be sold under execution, and shall be transferable in such manner as shall be ordered by the directors of said company. § 6. All the corporate powers of said company shall be Powers of the be vested in and exercised by a board of directors, five directors. in number, to be chosen annually by the stockholders, who shall hold their offices for one year. And the time and manner of holding elections for directors shall be determined by the by-laws of the company; and at elections, each stockholder shall be entitled to one vote for each share of stock owned by him, and vote in person or by proxy. Said board shall elect one of their own number president Election of of the company, and appoint all necessary clerks, secretary and other officers necessary for the transaction of the business of the board; and if a vacancy should occur in the board, by any cause whatever, before the annual election, said vacancy may be filled by appointment, under such rules and regulations as may be prescribed. officers. 7. The first board of directors shall consist of Charles First board. A. Montross, D. C. Moore, Tilman Raser, W. B. Eagan and David Snelling, who shall hold their offices for one year after the passage of this act. Said directors shall cause the books to be opened for subscription to the capital stock, in such manner as may be fixed by the by-laws. 8. The said company shall be entitled to the privi- Privileges. leges, immunities and protection as other railroad companies are, and shall be subject to the same penalties and restrictions. $9. The counties of Christian, Fayette and Marion, in Counties may which said railroad may be located, are each hereby author. subscribe stock. ized to subscribe an amount not exceeding one hundred thousand dollars ($100,000) each, to the capital stock of said company; and said counties, through their respective county courts, are hereby authorized to issue bonds, payable to said company, for the amount subscribed, bearing interest at a rate not exceeding that allowed by law; but before making said subscriptions, the county courts of said counties shall submit the question of subscription to a vote of the qualified voters of said counties, at an election to be ordered for that purpose, after having given thirty days' notice thereof, together with the amount proposed to be Transportation. subscribed; and if a majority of the legal votes cast at such election shall be in favor of such subscription, then said subscription shall be made; otherwise it shall not be made. 10. Said corporation shall transport firewood and fuel 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. 17. This act is hereby declared to be a public act, and shall take effect and be in force from and after its passage; and said company shall commence its work within three years, and complete the same within five years, after the passage of this act. APPROVED March 30, 1869. in force March 13, 1869. Corporators. AN ACT to incorporate the LaFayette, Watseka and LaSalle Railroad SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Micajah Stanley, Alexander Campbell, Cornelius F. McNeil, Elmer Baldwin, Franklin Blades, Thomas Venum, Michael Hogle, John B. Hooper aud Robert Doyle, and such other persons as may operate with them, and their successors and assigns, are hereby made and constituted a body corName and style, porate and politic, by the name and style of "The LaFayette, Watseka and LaSalle Railroad Company," with perpetual succession; and, by that name and style, shall be capable, in law, of taking, purchasing, holding, leasing, selling and conveying estate and property, whether real, personal or mixed, so far as the same may be necessary for Corporate pow the purposes hereinafter mentioned; and, in their corporate capacity, may sue and be sued, plead and be impleaded; to have a common seal, which they may alter or renew 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 or the law, as hereinafter set forth. ers. Locate and construct road. § 2. The said company shall have full power and authority 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 a point on the east line of this state, at or within Route of road. the vicinity of a line running from the city of Watseka, in Iroquois county, to the city of LaFayette, in the state of Indiana, and running thence, on the most eligible and |