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AN ACT to extend the time for the comple:ion of the Illinois and Rock
In force, Mar, 6, 1843.
Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the time limited by Time for the twentieth section of the act, approved February the twen-completion ty-seventh, one thousand eight hundred and forty-two, for the construction of a railroad from La Salle to Dixon, sliall be extended until five years after the final completion of the Illinois and Michigan Canal, and that the Illinois and Rock river Railroad Company shall be authorised and empowered to extend the Illinois and Rock river Railroad beyond the village of Dixon, and terminate said railroad at some point on the Mississippi river.
SEC. 2. An act supplemental to the charter of the Springfield Certain act and Aston Turnpike Road Company, approved February revired twenty-seventh, one thousand eight hundred and forty-one, be and the same is hereby revived until the end of the next General Assembly.
APPROVED, March 6th, 1843.
AN ACT to incorporate the Great Western Railway Company. In force,
Mar. 6, 1843. Sec. 1. Be
Be it enacted by the People of the State of Ilincis, represented in the General Assembly, That the president and Great Wesdirectors of the Cairo City and Canal Company, (incorporated
way incorpoby the State of Illinois,) and their successors in office, be and rated they are hereby made a body corporate and politic, under the name and style of the Great Western Railway Company; and under that name and style, shall be and are hereby made capable, in law and equity, io sue and be sued, plead and be impleaded, defend and be defended, in any court or place, whatsoever, to make, have, and use a common seal, the same to alter and renew at pleasure, and by that name and style, be capa-General ble in law of contracting and being contracted with, of pur-powers chasing, holding, and conveying away, of real and personal estate, for the purposes and uses of said corporation, and shall be and are hereby invested with all the powers, privileges, and immunities which are or may be necessary to carry into effect the purposes and objects of this act, as hereinafter set forth; and the said corporation are hereby authorised and empowered May conto locate, construct, and finally complete a railroad commenco struct a cer, ing at the city of Cairo, in Alexander county, in Illinois, and thence north, by way of Vandalia, Shelbyville, Decatur, and Bloomington, to a point on the Illinois river, at or near the termination of the Illinois and Michigan Canal, in such manner and form as they shall deem most expedient; and for this purpose said company are hereby authorized to lay out said road, not exceeding ten rods wide, through its whole length;
and for the purpose of cutting embankments, and procuring stone or gravel, may take as much more land as may be ne
cessary for the proper construction and security of said road; To pay dam- Provided, that all damages that may be occasioned to any perages for ta- son or corporation by the taking of such land or materials, king land
shall be paid for by said company in the manner prescribed by the act creating a general system of internal improvements; and the right of way, acquired under such act or assessment,
shall vest in said company the same rights. Affairs how Sec. 2. The immediate direction and government of the afgoverned
fairs of said company shall be vested in a board of not less than five directors, who shall be chosen by the members of the Cairo City and Canal Company, at the annual meeting as provided by the ninth section of the act of its incorporation, and who shall hold their offices until others shall be duly elected and qualified to take their places as directors; and the said directors, a majority of whom shall form a quorum for the transaction of business, and shall elect one of their number to be president of the board, who shall also be president of the company, and shall have authority to choose a secretary, who shall be sworn to the faithful discharge of his duty, and a treasurer, who shall give bond to the corporation, with sureties to the satisfaction of the directors, in a sum not less than twenty thousand dollars, for the faithful discharge of his trust; Provided, that the first board of directors to be elected under the provisions of this section, may be chosen at any time be
före said annual meeting. President & Sec. 3. The president and directors for the time being are directors can hereby authorised and empowered, by themselves or their extend pow- agents, to execute all the powers herein granted to the comers granted
pany, for the purpose of locating, constructing, and completing said railroad, and for the transportation of persons, goods. and merchandize, and all such other powers and authority for the management of the affairs of the company, not heretofore granted, as may be necessary and proper to carry into effect the objects of this company, for the use of the road for the trans
portation of persons, goods, and merchandize. By-laws Sec. 4. The said company shall have power to make, or
dain, and establish, all such by-laws, rules, regulations, and ordinances, as they may deem expedient and necessary to accomplish the designs and purposes, and to carry into effect the provisions of this act, and for the well ordaining, regulating, and securing of the interest and affairs of the company; Provided, the same be not repugnant to the constitution and laws of this Statc, or of the United States.
Sec. 5. A toll is hereby granted and established for the sole benefit of said company, upon
all passengers and property of Rates of toll every description, which may be carried or transported upon
the said railroad, at such rates per mile as may be agreed upon and established from time to time, by the directors of the said company. The transportation of persons and property, the
how estab. lished
construction of wheels, the form of cars and carriages, the weight of loads, and all other matters and things in relation to the use of the road, shall be in conformity to such rules, regulations, and provisions as the directors shall from time to time prescribe and direct
Collection of Sec. 6. The directors of the said company for the time be-toll ing are hereby authorised and empowered to erect toll houses, establish gates, appoint toll gatherers, and demand toll, upon the road when completed, and upon such parts thereof as may from time to time be completed.
Estate of feine Sec. 7. When the lands, or property, or estate, of any feme coverts and covert, infant, or person non compos mentis, shall be necessa
compos ry and wanted for the use or construction of said road, the mentis how husband of such feme covert, and the guardian of such infant released or person non compos mentis, may release all damages or demands for any damages, on any lands or estate so taken and appropriated as aforesaid, as they might do if the same were holden by them in their own right respectively.
Sec. 8. If any person shall wilfully, maliciously, or wantonly, and contrary to law, obstruct the passage of any carriage on said railroad, or in any way spoil, injure, or destroy said road, or any part thereof, or any thing belonging thereto, or any material or instrument to be employed in the construction or for the use of said road, he, she, or they, or any person or persons, aiding or abetting such trespass shall forfeit and pay to said company, for every such offence, treble Penalty for such damages as shall be proven before any court having com- obstructing or petent jurisdiction thereof; and such vffender, or offenders, injuring railshall be liable to indictment by the grand jury of the county within which such trespass shall have been committed, for any offence or offences contrary to the above provisions, and on conviction thereof, before any court competent to try the same, shall pay a fine notexceeding one hundred dollars, nor less than thirty dollars, to the use of the people of the State ofIllinois, or may be imprisoned fora term notexceeding one year, at the discretion of the court before whom conviction may be had. Capital stock
Sec. 9. The capital or funds which may be required and how obtained is necessary, from time to time, for the objects authorised by this act, shall be obtained by the sale of bonds or obligations to be issued in the name of, and upon the sole security of the whole property, estate, and income of the Great Western Railway Company, and which indebtedness may be made payable at such times and places, and with such rates of interest, and in such form and manner, as the directors of the said company, for the time being, shall deem most proper and ex- Proviso pedient; Provided, that no obligation issued by the company for loans, shall be considered or deemed a lien upon, or secured by the income or property of the company, unless such indebtedness shall be signed by the president and treasurer of the company, and its corporate scal affixed thereto, and countersigned by the president and treasurer of the Cairo City and Canal Company, and also certified thereon that it is recorded
in the office of register of deeds, for Alexander county, Illi. nois, the number, by whom signed, when and where due, the rate of interest, date, and amount of all such indebtedness, shall be entered in a separate record book, kept for the purpose, and upon payment by the company of obligations thus signed, sealed, and recorded, they shall be returned to the said register's office and cancelled, which shall be evidence of the payment thereof.
Sec. 10. As security for the payment of the principal and inNeit income terest of all bonds and obligations, issued conformably to the pledged for preceding section, the whole nett income of all rents and tolls the payment derivable from the road, works, buildings, lands, and other of bonds issu- property of the company, shall be and are hereby declared to ed by the company
be specially held, pledged, and irrevocably secured to the holders of the said bonds or obligations of the company, against the claim or claims of all other parties, until the principal and
interest of all such indebtedness shall be fully paid according Disposition or to the terms of the loan; and the surplus income of the comsurplus funds pany, after providing for the annual interest on these loans, shall
be invested as a sinking fund in the government stock of the United States, or it may be applied to the liquidation of the
indebtedness of the company. Company Sec. 11. The company are hereby authorised to make and may contract enter into any contract or agreement with the Governmentof Government
the United States, for the use of the railroad in transporting for carrying the mails, and for other purposes of the Government, for any mail &c,
period of time; and any contract signed by the president of this company, and of the Cairo City and Canal Company, and attested by the treasurer of each company, and recorded in the recorder of deed's office in Alexander county, in Illinois, shall be binding on this corporation, and shall take precedent over all other contracts, and shall have a preference-lien on all the property of the company; any thing in this act to the
contrary notwithstanding. Present value Sec. 12. The Governor of this State is hereby authorised of work done and required to appoint one or more competent persons to esrailroad to be timate the present value of any work done at the expense of estimated and the State, on the Central Railroad; also, of materials, lands, or paid in State right of way; and whatever sum shall be fixed upon as the indebtedness
value thereof, by said persons, shall be paid for by the compaру
ny in the bonds or other indebtedness of the State, any time during the progress of the road to completion; and any contract entered into under the seal of the State, and signed by the Governor thereof, shall be legal and binding, to the full in
tent and purpose thereof, on the State of Minois. To be com Sec. 13. The said company are hereby authorised to make pleted in ten and extend said main road to Galena; Provided, that the railyears
road herein granted shall be commenced in two years, and two hundred miles completed within ten years thereafter.
Sec. 14. That whenever the whole indebtedness of this company shall be paid and liquidated, the Legislature of the State, thereafter, then in session, shall have the power to alter,
by the compa.
amend, or modify this act as the public good shall require, and This act may also that of the Cairo City and Canal Company, and the be altered or eleventh section of the act incorporating the said Cairo City indebtedness and Canal Company, which limits its charter to twenty-five of Company
shall be paid years, be and the said section is hereby repealed, and this act be and is declared a public act, and as such shall be taken notice of by all courts of justice in this State, without the necessity of pleading the same, and shall be in force from and after
Company not SEC. 15. Nothing in this act shall be construed as granting kings privilebanking privileges to this company.
ges SEC. 16. Whenever the said company shall have paid and discharged all its obligations and indebtedness, assumed or entered into under the provisions of this act, that then, and forever thereafter the said company shall be held to pay to the Treasurer of the State of Illinois, for the use of the State, onefourth of the whole nett income annually received from the road herein authorised to be made; Provided, that no Legislature shall, at any time hereafter, so reduce the tolls as to produce less than twelve per cent. nett per annum, upon the cost of said road, without the consent of said company.
Sec. 17. The Governor may, in the sale, mortgage, or trans- Reservation fer, of the depot land at Cairo, to said company, reserve the of depot lands right of occupancy to the persons resident thereon for the term of three years, free from molestation, from the passage of this act; Provided, the land thus occupied shall not exceed two acres, including the buildings of the occupants.
Sec. 18. All lands that may come into the possession of said Land of comcompany, whether by donation or purchase, and which are not papy notre required for the use, security, or construction of the road here- quired for the in authorised to be made, shall be sold by the company within road to be five years from and after the completion of said road, otherwise sold by the all lands not sold shall revert to and become vested in the
company State of Illinois: Provided; that until said lands are sold, they Provigo shall be and are hereby declared pledged, held, and mortgaged as security for the payment of the bonds and obligations of the company, authorised to be issued under and in conformity of the provisions of this act, and the proceeds of said land whenever sold, shall be wholly applied to the payment of the indebtedness of the said company, and for no other purpose whatever.
APPROVED, March 6th, 1843.
AN ACT legalizing certain records in Greene county, and authorizing re- In force, coriers to appoint deputies in certain cases.
Jan, 24, 1843.
Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all deeds, mortgages, title bonds, defeasances, bills of sales, and all other