Construction between certain points. Injury to road. then this company may construct their road from a point so connecting said roads to the city of Watseka, and from thence to the city of LaSalle; and this company may grant to such company the right to construct and use all or any portion of the road hereby authorized to be constructed, and also the right to purchase or lease any part or all of said road; and this company shall have the right to seil, lease or convey the same to said company or consolidate its stock therewith and place the management and control of the same under their board of directors, upon such terras as may be mutually agreed upon between the companies of the said railroads. $ 15. Said company shall first construct its railroad. upon that part of its line between the state line and the city of Watseka, unless a sufficient amount of stock and donations be obtained to construct more or all of said railroad, in which case it may be commenced and prosecuted as the directors may direct. § 16. If any person or persons shall willfully, maliciously or wantonly obstruct the passage of any engine or car on said railroad or any part thereof or shall damage, break or destroy any part of said railroad or buildings connected therewith, cars or machinery thereof, every such person so offending shall be deemed guilty of misdemeanor, and, upon indictment therefor and conviction thereof, shall be liable to a fine not exceeding one thousand dollars, and may be imprisioned not exceeding five years, at the discretion of the court, and shall further be liable to the said company in treble the amount of damages sustained, to be recovered in any court of competent jurisdiction. 17. This act shall be deemed and taken to be a public act, and shall be in force from and after its passage. APPROVED March 13, 1869. In force Corporators. June AN ACT to incorporate the Lewistown and Havana Railroad Company. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all such persons as shall become stockholders, agreeably to the provisions of the corporation hereby created, shall be, and for the term of ninety years from and after the passage of this act, shall continue to be a body politic and corpoName and style. rate, by the name of "The Lewistown and Havana RailCorporate pow- road Company ;" and, by that name, shall have succession, for the term of years above specified; may sue and be sued, complain or defend, in any court of law and equity; may make and use a common seal, and alter the saine at ers. ernment pleasure; may make by-laws, rules and regulations for the Rules for govmanagement of property, the regulation of its affairs, and for the transfer of its stock, not inconsistent with the existing laws and constitution of this state or the United States; and may appoint such officers, agents and servants as the business of the said company may require, prescribe their duties and require bond for the faithful performance thereof. scriptions. for subscription. § 2. That Henry S. Bryant, Abraham Stevenson, Commissioners John W. Proctor, Henry Phelps, Moses Turner, John J. to procure subHenderson, S. C. Judd, Alexander Hull, S. P. Shope, R. B. Stevenson, L. W. James, 'George Whitaker, Nathan Beadles, C. W. Andrews, Joseph Dyckes, James J. Hole, Lyman Lacy, Dr. E. B. Harpham, D. J. Waggoner, Edward Layer, William Phelps, John H. Piersol, Lewis W. Ross, John W. Ross, John H. Havighust, Hugh Fullerton, and Thomas A. Boyd, be and they are hereby appointed commissioners for the purpose of procuring subscriptions to the capital stock of said company, whose duty it shall be to open books for subscription to the capital Time and place stock of said company, giving notice of the time and place when and where said books will be opened, at least thirty days previous thereto, by publication in some newspaper or newspapers published in each of the counties of Fulton and Mason. The said commissioners, or a majority of them, shall attend at the place or places appointed in such notice, for the opening of said books, and shall continue to receive subscriptions, either by themselves or agents appointed by them for such purposes, until the sum of fifty thousand dollars is subscribed; then, when the said sum of fifty thousand dollars shall have been subscribed, the said Notice of eleccommissioners shall give twenty days' notice by publication in one or more public newspapers published in the towns of Lewistown and Havana, in said counties of Fulton and Mason, of an election by said stockholders of a board of directors, as hereinafter provided, for the management of said company. At such time and place, so appointed for that purpose, the commissioners, or a majority of them, shall attend and act as inspectors of election; and the stockholders present shall proceed to elect ten directors, by ballot; and the commissioners present shall Election certify the result of such election, under their hands, which certificate shall be recorded on the record book of said company, and shall be sufficient evidence of the election of the directors therein named. The directors thus elected shall hold their offices for one year, and until their successors are elected and qualified. 3. The capital stock of said company shall be three hundred thousand dollars, which shall be divided into shares of one hundred dollars each, and may be increased by the directors of said company to any sum necessary to tion. directo ́s. Amount capital stock. of of Powers of the d' rectors. Vacancies. complete the work herein authorized; and the same shall be subscribed for and taken under the direction of the board of directors of said company, at such time and in such manner as the said directors shall, from time to time, direct. The shares of said capital stock of said company shall be deemed and considered personal property. 4. The affairs of said company shall be managed by a board of ten directors, to be chosen annually by the stockholders, from among themselves. At all elections for directors, each stockholder shall be entitled to one vote for each share of stock held by him, and may vote personally or by proxy; and a plurality of votes given at any election shall determine the choice. The directors shall elect one of their number as president of the board; and in case of any vacancy occurring in said board of directors between elections the same may be filled by the board, at any legal meeting of the directors, and the person so elected to fill Term of office. the vacancy shall hold his office until the next annual meeting of the stockholders. In case of the absence of the president of the board, the directors may elect a president, pro tempere, who shall exercise for the time being all the legal powers of the president of the board. Call for payments due. § 5. It shall be lawful for the directors to make calls upon the sums subscribed to the capital stock of said company, at such times and in such amounts as they shall deem fit, giving at least thirty days' notice of said calls in at least two newspapers published in the vicinity of said Stock forfeited. road; and in case of any failure on the part of any of the Construction of ra lroad. stockholders to make payment of any call, as aforesaid, by the said directors, for sixty days after the same shall have been done [due] the said board of directors are hereby authorized to declare the said stock so in arrears and all sums paid thereon forfeited to the company. § 6. The said company are hereby authorized and empowered to locate, construct and complete and to maintain and operate a railroad, with a single or double track and with such appurtenances as may be deemed necessary by the directors for the convenient use of the same, from the city of Lewistown, in the county of Fulton; thence, by the most eligible route, to the city of Havana, in the county of Route of road. Mason. And the said company may survey and determine the line of said road, upon such routes between said points as the said company shall deem most eligible. And the said company are further authorized to use and operate said railroad, and shall have power and authority to regulate the time and manner in which goods and effects and persons shall be transported on the same, and prescribe the manner in which said railroad sha 1 be used and the rate of toll for the transportation of persons and property thereon and for the storage of merchandise and other property under their charge, and shall have the power to provide all Kates of fare. necessary stock and material for the operation of said road, and shall have power to erect and maintain all necessary depots, stations, shops and other buildings, bridges and machinery, for the accommodation, management and operation of said road. examinations. land taken. § 7. The said company are hereby authorized, by their Surveys and engineers and agents, to enter upon any lands, for the purpose of making the necessary survey and examinations of said road, and to enter upon, take and hold all lands necessary for the construction of said railroad and its appendages, first making just and reasonable compensation Damages for to the owners of said land for any damages that may arise to them from the building of said railroad; and in case said company shall not be able to obtain the title to the lands through which the said road shall be laid, by purchase or voluntary cession, the said company are hereby authorized to proceed to ascertain and determine the damages sustained by such owner or owners in the manner and upon the principles provided in "An act to amend the law condemning right of way for purposes of internal improvements," approved June 22, 1852, and amendments thereto. money 8. The said company are authorized and empowered May to borrow, from time to time, such sum or sums of money as in their discretion may be deemed necessary to aid in the construction of said road, and to pledge and mortgage the said road and its appendages, or any part thereof, or any other property or effects, rights, credits or franchises. of the said company, as security for any loan of money and interest thereon, and to dispose of the bonds issued. for such loan, at such rates or on such terms as the board of directors may determine. ways. borrow § 9. Said company shall be bound to repair all public Repair highhighways, bridges and water courses which may be injured in constructing the said railroad and its appendages, and shall restore them, as far as practicable, to as good a condition as they were before they were injured by reason of the construction of said road. 10. Any person who shall willfully injure or obstruct Injury to road. the said road or any part thereof, or the appendages thereof, shall be deemed guilty of a misdemeanor, and shall forfeit to the use of the company a sum three-fold the amount of the damages occasioned by such injury or obstruction, to be recovered in an action of debt, in the name of said company, with costs of suit, before any justice of the peace or before any court of record in this state. Time of com mencement and of 11. The sad company shall be allowed five years from the passage of this act for the commencement of said completion railroad, and two years thereafter for the completion of road. the same. Construction of act. 12. 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 30, 1869. In force April AN ACT to incorporate the Litchfield and Western Railway Company. 19, 1869. Corporators. ers. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Bayless W. Hanna, Parson B. Updike, Wesley Best, George Raymond, Thaddeus L. Loomis, Alexander McKain Dubois, Samuel Pitman, David Gore, David Pierson, David M. Woodson, Henry L. Clay, George Wright and Benjamin F. Child, are hereby created a body corporate and politic, Name and style. under the name and style of "The Litchfield and Western Railway Company," with perpetual succession; and, under Corporate pow- this name, shall be capable of suing and being sued, pleading and being impleaded, defending and being defended against, in law and equity, in all courts and places whatsoever, in like manner and fully as natural persons; may have and use a common seal, and alter or renew the same at pleasure; and, by their said corporate name and style, shall be capable, in law, of contracting and being contracted with; shall be and are hereby vested with all the powers, privileges, immunities and franchises of receiving and disposing of real and personal estate, which may be needful to carry into effect fully the purposes and objects of this Location and act. And said company are hereby authorized and empow construction of ered to locate, construct and complete a railway, with a road. single or double track, commencing at Litchfield, in the county of Montgomery, in this state, and from thence running to Carlinville, in the county of Macoupin, in this state, from thence to Carrollton, in the county of Greene, in this sate, and from thence to the Mississippi river, at any point between the town of Hamburg and the city of Quincy, on said river, on to either or both of said last named places. Amount capi- § 2. The capital stock of said company shall be one tal stock. General powers. million dollars, which may be increased to five million dollars, for the construction of said railroad and appendages and the full effectuation of the objects of this act, by the board of directors of said company; such capital stock shall be divided into shares of one hundred dollars each, and shall be deemed personal property, and may be subscribed for, issued, transferred and assigned in such manner as the board of directors may prescribe and determine. 3. The corporation hereby created shall have power to locate, construct, furnish, maintain and operate a railroad, |