& 
 
 Consolidation ol'tlie MToiiiea ifc 
 Alton ^ Saint I / 
 
 , ani J;t>Usoiiville, 
 is Railroads.
 
 RAILROAD COMPANY. 
 
 
 
 DIRECTORS. 
 
 . 

 
 KAILROAD COMPANY. 
 
 OF 
 
 AN ACT to construct a Railroad from Jacksonville, in Morgan county, tp 
 Alton, in Madison county. 
 
 SECTION 1> &e it enacted by the People of the State of Illinois, 
 represented in the General Assembly, That Philip Coffman, David 
 A. Smith, David M. Woodson, Alfred W. Cavarly, Alexander B. 
 Morean, William B. Warren, A. C. Dickson, Samuel M. Prosser, 
 W. S. Hurst, Murray McConnel. James Dunlap, Thomas Carlin, 
 and Edward Keating, and their associates, successors and assigns, 
 are hereby created a body corporate awd politic, under the name 
 and style of the "Jacksonville arid Carrollton Railroad Company," 
 and by that name be and they are kereby made capable in law and 
 -equity to soe and be sued, plead and -be impleaded, defend and be 
 defended, in atoy court of law and equity in this fctate, or in any 
 other place; to make, have and use a otnmon seal, and the same 
 to renew and alter at pleasure, and shall be and are hereby vested 
 with all the powers, privileges and immunities which are or maybe 
 necessary to carry into effect the purposes and objects of this act, 
 as hereinafter set forth ; asid the said company are hereby author- 
 ized and empowered to locate and construct and finally complete a 
 railroad from the town of Jacksonville, in Morgan county, by the 
 way of Manchester, in Scott county, Whitehall and Carrollton, in 
 Greene county, passing through Jerseyville, Jersey county, to Al- 
 ton, in Madison county ; and for this purpose, said company are 
 authorized, upon the most eligible and proper route, to lay out their 
 said railroad, wide enough for a single or double track, through the 
 whole length, and may enter upon and take a strip of land not 
 exceeding one hundred feet in width ; and for the purpose of 
 cutting embankments, stone and gravel, may take as much more 
 land as may be necessary for the proper construction of and secu- 
 rity of said railroad-: Provided, that nothing in this act shall be &&
 
 construed as to prevent the corporation created by tins act from 
 uniting their road with the Alton and Sangarnon railroad, at or 
 near Brighton, in Macoupin county, upon such terms as may bo 
 agreed on between said companies ; and if an arrangement be en- 
 tered into by and between said companies, for the company hereby 
 created to run upon and use the Alton and Sangamon railroad, 
 from and near Brighton, the said company shall not be required to 
 construct their road to Alton : And jjrovided, further, that said 
 company shall riot be fully organized and be capable of con- 
 structing their said railroad, until one thousand dollars per mile of 
 the stock of said company shall, in good faith, be subscribed, and 
 ten per cent, thereof be paid, agreeable to the provisions of the act 
 entitled " An act to provide for a general system of railroad incor- 
 porations," passed November 5th, 1849. 
 
 2. The capital stock of said company shall consist of five 
 hundred thousand dollars, and may be increased to one million of 
 dollars, to be divided into shares of one hundred dollars each. The 
 immediate government and direction of said company shall be vested 
 in five directors, who shall be chosen by the stockholders of said 
 company, in the manner hereinafter provided, who shall hold their 
 office for one year after their election, and until others shall be du- 
 ly 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, shall elect one of their number to be presi- 
 dent of the company ; that said board of directors shall have power 
 to appoint all necessary clerks, secretary, and other officers neces- 
 sary in the transaction of the business of said corporation. 
 
 3. The said corporation is hereby authorized, by their agents, 
 surveyors and engineers, to cause such examination and surveys to 
 be made of the ground and country between the points herein named 
 as shall be necessary to determine the most advantageous route for 
 the proper line or course whereon to construct their said railroad ; 
 and it shall be lawful for said company to enter upon and take pos- 
 session of and use all such lands and real estate as may be necessary 
 for the construction and maintenance of their said railroad : Pro- 
 vided, that all lands and real estate entered upon and takrn pos- 
 session of and used by said corporation, for the purposes and 
 accommodation of said railroad, or upon which the site for said 
 railroad shall have been located or determined by the said corpora- 
 tion, shall be paid for by said company, in damages, if any be 
 sustained by the owner or owners thereof, by the use of the same 
 for the purposes of the said railroad; and all lands entered upon 
 and taken for the use of the said corporation, which are not dona- 
 ted to said company, shall be obtained and paid for in the manner 
 Drovided for taking lands for the construction of public roads, ca- 
 nals and other public works, as prescribed in the act concerning 
 right of way, approved March 3, 1845. 
 
 4. If any person shall wilfully, maliciously or wantonly, and
 
 contrary to law, obstruct the passage of any car on said railroad, of 
 any part thereof, or any thing belonging thereto, or shall damage, 
 break or destroy any part of the said railroad, or implements, or 
 buildings, he,'jshe or they, or any person assisting, shall forfeit and 
 pay to said company, for every such offense, treble the amount of 
 damages that shall be proved, before a competent court, has been 
 sustained, and be sued for in the name and behalf of said company; 
 and such offender or offenders shall be deemed guilty of a misde- 
 meanor, and shall be liable to indictment, in the same manner as 
 other indictments are found, in any county or counties where such 
 offense shall have been committed ; and, upon conviction, every such 
 offender shall be liable to a fine not exceeding five thousand dollars, 
 for the use of the county where such indictment may be found. 
 
 5. The time of holding the annual meeting of said company, 
 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 a vote in person, or by lawful proxy, one votfc 
 for each share of stock he or she or they may hold, bonajide, in said 
 company. 
 
 6. The persons named in the first section of this act are here* 
 by appointed commissioners, who, or a majority of whom, are hereby 
 authorized to open subscription books for said stock, at such places 
 as they may deem proper. The said commissioners shall require 
 each subscriber to pay five dollars on each share subscribed, at the 
 time of subscribing; and whenever one hundred thousand dollars 
 shall be subscribed, the said commissioners shall call a meeting of 
 the stockholders, by giving thirty days' notice in some newspaper 
 printed in the county of Morgan ; and at such meeting it shall be 
 lawful to elect the directors of said company ; and when the direc- 
 tors of said company are chosen, the said commissioners shall de- 
 liver said subscription books, with all sums of money received by 
 them as commissioners, to said directors. No person shall be a- 
 director in said company, unless he shall own at least five shares 
 of the capital stock. 
 
 7. That the right of way and the real estate purchased for 
 the right of way by 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 compensation for the same, become the property of said 
 company in fee simple. 
 
 8. The said corporation may take and transport upon said 
 railroad any person. or persons, merchandise or other property, by 
 the force and power of steam or animals, or any combination of 
 them, and may fix", establish, take and receive such rates of toll, for 
 all passengers and property transported upon the same, as the di^ 
 rectors shall from time to time establish ; and the directors are 
 hereby authorized and empowered to make all necessary rules, by-
 
 iaws, regulations aud ordinances that they may deem necessary and 
 expedient to accomplish the designs and purposes, and to carry into 
 effect the provisions of this act, and for the transfer and assignment 
 of its stock, which is hereby declared personal property, and trans- 
 ferable in such manner as shall be provided for by the by-laws and 
 ordinances of said corporation. 
 
 9. The directors o-f said company, after the same is organized, 
 shall have power to open books, in the manner prescribed in the 
 sixth section of this act, and to fill up the additional five hundred 
 thousand dollars of stock, or any part thereof, at such times a 
 they may deem it for the interest of said company ; and all the in- 
 stallments required to be paid on the stock originally to be taken, 
 and what may be taken to increase said capital, shall be paid at 
 *uch times and in such sums as said directors may prescribe. 
 
 10. In case of the death, resignation or removal of the presi- 
 dent, vice president or any direetor, at any time between- the annual 
 flections, such vacancy may be filled for the remainder of the year, 
 whenever they may happen, by the board of directors ; and in case 
 of absence of the president and vice president, the board of direc- 
 tors shall have power to appoint a president pro tempore^vdio shall 
 have and exercise huch powers and functions as the by-laws of the 
 said corporation may provide. In case it should at any time hap- 
 pen that an election shall not be held on any day on which, in pur- 
 suance of this act r it ought to be held, the said corporation shall 
 not for that cause be deemed dissolved, but such election shall be 
 held at any other time directed by the by-laws of said corporation. 
 
 11. That when the lands of any femme covert, persons under 
 age, non compos mentis, or out of this State, shall be taken in the 
 construction of said railroad, as is provided by this act, the said 
 corporation shall pay the amount that shall be awarded as due to 
 the said last mentioned owners, respectively, whenever the same 
 shall be lawfully demanded. That to ascertain the amount to be 
 paid to the persons named in this section for lands taken for the 
 nse of said corporation, it shall be the duty of the judge of the first 
 judicial circuit, upon notices given to him by the said corporation, 
 to appoint three commissioners, to be persons not interested in the 
 matter, to determine the damages which the owner or owners of the 
 land or real estate so entered upon by the said corporation, has or 
 have sustained by the occupation of the same ; and it shall be the 
 duty of said commissioners, or a majority of them, to deliver to said 
 corporation a written statement of the awards they shall make, with 
 a description of the land or real estate appraised, to be recorded by 
 the said corporation in the clerk's office in the county in which the 
 land or real estate so appraised shall be, and then the said corpo- 
 ration shall be deemed to be seized and possessed of the fee simple 
 of all such lands or real estate as shall have been approved by the 
 commissioners. 
 
 12. That whenever it shall be necessary for the construction
 
 of said railroad to intersect and cross an j water course, or any road 
 or highway, lying between the points aforesaid, it shall be lawful 
 for the corporation to construct their railroad across or upon the 
 same : Provided, that the said corporation shall restore the iwater 
 course, or road, or highway, thus intersected, to its former state, or 
 in a sufficient manner not to have impaired its usefulness. 
 
 13. That the capital stock of said company may be increased 
 from one million of dollars to one million five hundred thousand 
 dollars, from time to time, by nevr subscriptions, if such increase 
 shall be found necessary to fulfill the intention of this act, upon 
 the directors for the time being giving the notice as herein required, 
 previous to the opening the subscription books for the original stock 
 herein ; and that all stock of said corporation shall be deemed per- 
 sonal property, and transferable in such manner as the said corpo- 
 ration shall, by its by-laws, prescribe. 
 
 14. That it shall be lawful for the directors to require pay- 
 ment of the sums subscribed to the capital stock, at such times, 
 and in such proportions, and on such conditions, as they shall deem 
 fit, under the penalty of the forfeiture of all previous payments 
 thereon, and shall give notice of the payments thus required, and 
 of the place and time when and where the same are to be paid, at 
 least ninety days previous to the payment of the same, in some 
 public newspaper of this State, published in some one of the place* 
 where the notice for the opening the books for subscription to the 
 capital stock may have been published. 
 
 15. The width of said railroad is to be determined by the said 
 corporation, within the limits prescribed in the 1st. section of this act. 
 
 16. The said corporation may, if deemed advisable, locate, 
 construct and maintain a plankroad, and not a railroad ; and such 
 plankroad shall be substituted for the railroad, or a plankroad 
 may be substituted between any of the points named herein. The> 
 said corporation may, for the purposes of locating, constructing 
 and maintaining said road, borrow money, at an interest not exceed- 
 ing seven per cent, per annum, and pledge the road, and all or every 
 part of its property and efiects, for the repayment thereof, and 
 may loan any surplus funds at such rate of interest as is now allowed 
 upon money loaned. If a railroad or plankroad shall be construct- 
 ed between any of the points herein named, the corporation shall 
 continue to exist, and have, use, manage and control the same, a* 
 though the whole length of the road had been completed. 
 
 APPROVED February 15, 1851. 
 
 [AMENDMENTS TO THE CHARTER] 
 
 AN ACT to amend the charter of the Jacksonville and Carrolton Railroad 
 
 Company. 
 
 SECTION 1. Be it enacted by the people of the State of llltnoi* 
 represented in the General Assembly, That the Jacksonville and 
 Oarrolton Railroad Company, incorporated by an act entitled u Aa
 
 act to construct a railroad from Jacksonville, in Morgan county, to 
 Alton, in Madison county," approved February 15th, 1851, be and 
 are hereby authorized to extend the said railroad along the most 
 eligible rouie to any point on the Mississippi rivev not more than 
 twenty-five miles below the city of Alton, as may be deemed advi- 
 sable by said company, and for the purpose of such extension, said 
 Jacksonville and Carrolton Railroad Company are declared to pos- 
 sess all the powers, and shall be subject to all the restrictions con- 
 tained in the original act of incorporation : Provided, that if the city 
 of Alton shall subscribe and become responsible for the sum of one 
 hundred thousand dollars as stock in the said railroad company, 
 for the purpose of aiding in the construction of said railroad, in the 
 aame manner and upon the same terms that the said city took stock 
 in the Sangamon and Alton and Terre Haute and Alton Railroad 
 corporations, then and in that case the terminus of the said Jack- 
 sonville and Carrolton Railroad shall be and remain at the said city 
 of Alton. The said city shall not, however, be required to take 
 said stock in said railroad company until the county of Morgan, in 
 its corporate capacity, or the inhabitants of said county, or both 
 together, shall have subscribed the sum of fifty thousand dollars 
 to the capital stock of said railroad company, and until the counties 
 of Greene and Jersey, in their corporate capacity, shall have seve- 
 rally and respectively subscribed the sum of fifty thousand dollars 
 to said capital stock. And when said several subsciptions shall 
 have been made as aforesaid, and the subscribers become responsi- 
 ble for the payment of the same, it shall be the duty of the presi- 
 dent of the said railroad company to notify the authorities of the 
 city of Alton of such subscriptions, and if the said city shall fail or 
 refuse, within one month after said notification, to subscribe and 
 become responsible for the said sum of one hundred thousand dol- 
 lars, as herein directed, then and in that event the power of the 
 aaid railroad company to make the extension aforesaid shall take 
 effect. 
 
 2. For the purpose of facilitating the construction of the 
 railroad authorized by the act to which this is an amendment, the 
 aaid corporation is hereby authorized to negotiate a loan or loans 
 of money to the amount of its capital stock, and to issue the Bonds' 
 of the said company for the same, and to pledge all its property, 
 real and personal, and all its rights, credits and franchises for the 
 payment thereof. 
 
 3. If the said Jacksonville and Carrolton Railroad shall bo 
 extended as provided in the first section of this act, then the cap- 
 ital stock of said company may be increased to such a sum of money 
 as may be deemed necessary to construct, finish and maintain such 
 extension ; arid said company shall have authority to increase th 
 number of their directors, not exceeding four, in addition to those 
 already provided Tor. 
 
 APPROVED February 11, 1853.
 
 AN ACT to amend an act entitled "an act to construct a railroad from Jack- 
 sonville, in Morgan countv, to Alton, in MadLson county," approved February 
 15th, 1854. 
 
 SECTION 1. Be it enacted by the people of the State of Illinois^ 
 represented in the General Assembly, That the Jacksonville and 
 Carralton Railroad Company may, for the purpose of locating, 
 constructing, maintaining, and operating said road, borrow money, 
 and for that purpose issue bonds to bear interest not exceeding 
 eight per cent, per annum ; but the payment of said bonds shall be 
 secured by said road and its appendages, and the franchises and 
 property of said corporation, and all sales of bonds, for a less 
 amount than par value, shall be good and valid, and as binding upon 
 the said corporation as if the same were sold for their full value ; 
 and the said corporation may loan any surplus funds at such rate 
 of interest as is now allowed upon money loaned : Provided, noth- 
 ing herein contained shall be so construed as to confer banking 
 privileges. 
 
 2. All the acts and proceedings of the corporators or com- 
 missioners, named in the act to which this is an amendment, or any 
 of them, in obtaining subscriptions to the capital stock of said com- 
 pany, or otherwise, are hereby declared to be as good and valid as 
 if all the requirements of said act had been strictly complied with. 
 
 3. The certificate of the secretary of said company, under the 
 corporate seal thereof, shall be relieved in all courts of justice and 
 elsewhere, as evidence of the regular organization of said company 
 under its charter, and of any act or order of the^board of directors 
 oi said company ; and all the acts and doings of the said company 
 in the organization thereof, are hereby declared to be good and 
 valid, and the rights, privileges and franchises of said company as 
 granted, are hereby declared to be in full force and effect. 
 
 4. So much of section sixteen of the act to which this is an 
 amendment as authorizes the construction of a palnk road, instead 
 of a railroad, be and the same is hereby repealed. 
 
 5. The act to which this is an amendment, and an act entitled 
 "an act to amend the charter of the Jacksonville and Carrolton 
 road," approved February 11, 1853, are hereby declared to be pub- 
 lic ats, and this shall be in force from and after its passage. 
 
 APPROVED February 27th, 1854. 
 
 AN ACT to amend an act entitled "An act to construct a railroad from Jack- 
 sonville, in Morgan county, to Alton, in Madison county," approved February 
 
 15, 1ST, 1. 
 
 SECTION!. Be it enacted by the people of the State of Illinois, 
 represented in the General Assembly, That the name of the Jack- 
 eonville and Carrolton Railroad Company be and is hereby chang- 
 ed and declared to be the "Jacksonville, Alton and St. Louis Rail- 
 road Company," and by and under that name said corporation shall
 
 be "henceforth known, and have its corporate existence, and hold 
 and be possessed of all the rights, powers and privileges granted 
 to the Jacksonville and Carrol ton Railroad Company, in the origi- 
 nal charter of said company and the several amendments thereto, 
 and shall be and become vested with all property and estate and 
 rights of every kind whatever, vested in the name of "The Jack- 
 sonville and Carrolton Railroad Company," as fully as if said name 
 had not been changed. 
 
 2. The said corporation, in addition to the provisions granted 
 by the act to which this is an amendment as well as the amend- 
 ments approved Feb. 11, 1853, and Feb. 27, 1854, are hereby au- 
 thorized to purchase and hold any tract or tracts of land along the 
 line of said road, for passing over which the owner or owners there- 
 of may claim damages, and fail or refuse to relinquish to the said 
 "corporation the right of way over the same, and release said com- 
 pany from the payment of said damages, and the said corporatioa 
 shall have power to purchase and hold other real estate for said 
 road, for the purpose of procuring timber or other materials for 
 the construction of the same, and for such other purposes as may 
 be required for the use of said road. 
 
 m 3. The said company may also receive voluntary grants or 
 donations of land or other property for the use of said road, and 
 also enter upon and take possession of awd use all and singular 
 any lands, streams and materials of every kind for the location of 
 depots and stopping stages, for the purpose of constructing bridges, 
 dams, embankments, excavations, station grounds, spoil-banks, 
 turn-outs, engine houses, shops, and other buildings necessary for 
 the construction, completing, altering, maintaining, preserving, and 
 complete operation of said road. All such lands, material? and privi- 
 ges belonging to the State are hereby granted to said corpora- 
 tion for said purposes; but when owned or belonging to any per- 
 son, company or corporation, and cannot be obtained by voluntary 
 grant or release, the same may be taken and paid for in the man- 
 ner provided for iu the third section of the act to which this is am 
 amendment, 
 
 4. The said corporation is hereby authorized to recieve sub- 
 scriptions to the stock of said road, payable at any time thereafter, 
 with such a rate of interest thereon as may be agreed on, and for 
 securing the payment of said stock and interest, said corporation 
 may receive the bond of said subscriber, with a mottgage or deed of 
 trust upon real estate, and the said corporation, on a failure or refu- 
 sal of said subscriber, his heirs, executors or administrators, to pay 
 the said sum of money and interest when payable, may proceed, by 
 suit in any court having competent jurisdiction, to foreclose said 
 mortgage or sell said real estate, agreeably to the provisions con- 
 tained in the deed of trust. The said corporation may assign said 
 note and mortgage or deed of trust, and such vest in the assignee 
 the legal title thereto.
 
 5. The said corporation shall never be allowed to issue certifi- 
 cates for stock in said company, unless ordered by a majority of the 
 directors, and for a valuable consideration to be given therefor, and 
 when such certificates shall be issued they shall be signed by the 
 president and countersigned by the secretary of said company, and 
 attested by the seal of said corporation. 
 
 6. The said corporation may hereafter construct their said 
 railroad along the most eligible and practicable route to Illinois- 
 town or any point opposite St. Louis, and for that purpose shall 
 possess and exercise all the privileges, immunities and franchises, 
 and enjoy all the rights granted by this act and the act to which 
 this is an amendment, and the several amendments thereto. 
 
 7. The said corporation, at any time before the construction 
 of the said road as provided in the foregoing section, may contract 
 with any railroad company now operating between the city of Alton 
 and St. Louis, or which may hereafter do so, for the consolidation 
 of said corporation, or for the use of said road, depot buildings, 
 engine house, and all other appurtenances connected therewith, for 
 such time and on such terms as may be agreed on. 
 
 8. The numbe'r of the directors of the said corporation shall 
 hereafter be increased to seven, who shall be elected at such time 
 and place as may be provided by the by-laws of said company, and 
 it shall be lawful for the directors of said company to alter said 
 by-laws, and change the time and place for the annual election of 
 directors, whenever in their judgement it may be deemed advisable. 
 
 9. The courts of Morgan, Green and Jersey may issue bonds for 
 the full amount respectively subscribed by them or which they may 
 hereafter subscribe in behalf of said counties to the capital stock 
 of the Jacksonville and Carrolton Railroad, when requested to do 
 so by the order of the directors of said corporation ; and the clerks 
 of the county courts of said counties shall transmit to the Auditor 
 of State the amounts respectively subscribed by said counties, to- 
 gether with the accruing interest, also the amount of bonds issued 
 to said corporation ; and it shall be the duty of the auditor, in ma- 
 king out the forms for each county, to prepare a column for the 
 amount of interest required to be raised annually to meet the accru- 
 ing interest on such bonds, which shall be collected at the same 
 time and manner of collecting the state revenue and paid into the 
 county treasury ; and the collectors of said county shall be allowed 
 the same compensation for collecting said interest as they recieve 
 for collecting a like amount of the state revenue, to be paid by said 
 counties ; and for the faithful discharge of their duties shall sever- 
 ally be required to give bond and security to be approved by the 
 clerks of said county respectively. 
 
 10. This act is hereby declared to be a public act, and shall be 
 in force and take effect from and after its passage. 
 
 APPROVED Feb. 7, 1857. 

 
 10 
 
 AX ACT to amend an act entitled ''An act to construct a railroad from Jackson- 
 ville, in Morgan county, to Alton, in Madison county," approved February 15, 
 1851, and other acts amendatory thereto. 
 
 SECTION 1. Be it enacted by the people of the State of Illinois, 
 represented in the General Assembly, That the Jacksonville, Alton 
 and St. Louis Railroad Company, in addition to the powers granted 
 by the act to which this is an amendment, as well as the amend- 
 ments approved February 11, 1853, February 27, 1854, and Feb- 
 ruary 7, 1857, are hereby authorized to unite or consolidate their 
 railroad, for running purposes, operation or business, with any 
 railroad constructed or to be constructsd, on such terms as may be 
 mutually agreed. 
 
 2. The said corporation is hereby authorized to contract with 
 any railroad corporation now operating or charterad or which may 
 hereafter be operating or chartered, between Alton and Illinois- 
 town, for the running of trains over and use of their road, depots, 
 buildings and all other appurtenances connected therewith, or foi 
 the purchase, in whole or in part, or may subscribe or purchase 
 stock, or become otherwise interested in any such railroad corpo- 
 ration, as aforesaid, or make such other arrangements and con- 
 tracts, for the use and occupancy of such railroads and appurtenan- 
 ces as may be deemed necessary for the operating and business of 
 the said corporation. 
 
 3. The said corporation is hereby authorized to unite and 
 connect its railroad with the St. Louis, Alton and Chicago Rail- 
 road, at any point, within ten miles of the city of Alton, upon 
 such terms as may be mutually agreed upon ; and if any such con- 
 nection be made, the said corporation shall not be obliged to con- 
 struct its road to either Alton or Illinoistown, or they may, by mu- 
 tual agreement or contract with the said St. Louis, Alton and 
 Chicago Railroad Company, build and maintain a seperate track- 
 way along side of said road from the point of intersection into the 
 city of Alton, or may make such other contracts or arrangements 
 for the joint occupancy and use of said St. Louis, Alton and Chica- 
 go Railroad, depot, switches and appurtenances, as may be mutually 
 agreed upon. 
 
 4. The said corporation may construct their road on or across 
 any stream of water, water course, road or highway, railroad or 
 canal, or street, levee or alley, in any city or town, winch the routo 
 of its road shall intersect ; but the corporation shall restore the 
 stream or "water course, road or highway, railroad or canal, street, 
 levee or alley, thus intersected, to its former state, or in a sufficient 
 manner not to have materially impaired its usefulness. Whenever 
 the route of said railroad shall intersect any road or highway, rail- 
 road, street, levee or alley, the said corporation shall have power to 
 change the line or grade of same, if such change be desirable and shall 
 not impair their usefulness ; and said corporation may take such addi- 
 tional lands or real estate, for the construction of such road, highway,
 
 11 
 
 railroad, street, levee or alley, or water course, as may be deemed 
 requisite by said corporation. Unless the land so taken shall be 
 voluntarily given compensation therefor shall be ascertained in the 
 manner as provided in the original charter, the several amendments 
 thereto, and also this amendment, as nearly as may be, and duly 
 made by the said corporation to the owner or persons interested 
 in such lands the same, when so taken, to become part of such in- 
 tersecting road, highway, railroad, canal, street or alley, or water 
 course, in such manner and by such time as the adjacent parts of 
 the same highway, railroad, road, street or alley, may be held for 
 highway or other purposes. 
 
 5. That in all proceedings had or hereafter to be had for 
 right away or condemnation of real estate, for any purpose, to the 
 use of said railroad corporation, after any assessment or non-as- 
 sessment of damages in the premises, by commisioners or apprais- 
 ers, and any appeal, or other proceedings in the premises, by either 
 party, the said company may proceed with their enterprise, if they 
 will give bond and security, in a sufficient amount, to be approved 
 by the clerk of the circuit court of the proper county, conditioned 
 to pay to the owner or owners of such rel estate all costs and 
 damages that may thereafter be legally taxed and assessed in the 
 premises against said corporation. 
 
 6. Whenever any real estate or securities of any kind shall 
 or may be mortgaged or pledged to said corporation, to secure the 
 payment of any debt due or to become due to them, they shall be 
 and are hereby authorized to purchase, take and hold the said real 
 estate or securities, and to acquire the same by contract, or pur- 
 chase or sale, made in pursuance of any judgement at law or any 
 decree of a court of equity, or otherwise, and also to purchase and 
 hold such other real estate as may be deemed necessary for the 
 interest of said corporation, and shall, also, be authorized to sell 
 and convey, by deed, in fee simple, all lands, town lots or other 
 real estate belonging to or acquired by said corporation or which 
 may hereafter be acquired by purchase, donation or otherwise, 
 which, in the judgement of its board of directors, is not needed jfor 
 the purposes of said corporation. And in all sales, deeds of trust 
 or mortgages of real estate by said corporation, the conveyances 
 shall be made in the corporate name thereof, signed and acknowl- 
 edged by the president, under the seal of the corporation, and 
 attested by the secretary thereof. 
 
 7. The provisions of an act entitled an "Act supplemental to 
 an act entitled 'an act to provide for a general system of railroad 
 incorporations,' " approved November 6th, 1849, and also of "An 
 act to facilitate the construction of railroads," approved March 1, 
 1854, are hereby declared and made applicable to each and every 
 town now incorporated, or that may hereafter be incorporated, sit- 
 uated at either end or on the line of the Jacksonville, Alton and 
 St. Louis Railroad, or within two miles thereof, as the same has
 
 II 
 
 been heretofore surveyed or may hereafter be surveyed and located ; 
 and the corporate authorities of any such town may order an elec- 
 tion or elections to be held in such town, by the legal voters thereof, 
 upon the question, whether the town, in its corporate capacity, will 
 or will not subscribe to the capital stock of "The Jacksonville, 
 Alton and St. Louis Railroad Company," any sum not exceeding 
 twenty-five thousand dollars. And in case any such election shall 
 be held the same shall be conducted as the town elections. And if 
 at any such election a majority of the voters voting shall be in 
 favor of making such subscription the provisions of the two acts 
 recited in this section and also of all other general laws relating to 
 subscriptions by counties or cities to the capital stock of railroad 
 companies shall apply to and govern the corporate authorities of 
 such town in making such subsciptions, so far as the same is appli- 
 cable, and in all the subsequent proceedings relating thereto and 
 the rights of such town against said company shall be the same, 
 with the like remedies to enforce such rights, as the rights and 
 remedies of counties in cases of county subscriptions. 
 
 8. The said corporation are hereby authorized to make and 
 issue preferred stock, guaranteeing such a rate of interest, not ex- 
 ceeding eight per cent, per annum, or with such prority over the 
 remaining stock of such corporation, in the payment of dividends, 
 as the directors of said corporation may determine. And the said 
 board of directors may make such by-laws and regulations, neces- 
 sary to give and secure to each original stockholder in said corpo- 
 ration a free pass over the said road, when completed, so long as 
 such person may continue the bonafide owner of such original stock : 
 Provided, that no free pass shall be issued to any such stockholder 
 unless he is the owner of at least five shares of said capital stock. 
 
 9. Said corporation may maintain suits against stockholders, 
 for non-payment of capital stock or for any other demands or claims 
 against other persons, in any county through which their road 
 passes ; and no stockholder or other person interested in the affairs 
 of said corporation shall be incompetent to testify as a witness or 
 act in any ministerial capacity in any proceeding, legal or other- 
 wise, where the said corporation may be a party. 
 
 10. The said corporation is hereby authorized, from time to 
 time, to borrow such sum or sums of money, on the credit of the 
 corporation, as may be necessary for completing, furnishing or ope- 
 rating their said railroad, or for any other purpose connected there- 
 with, at a rate of interest not exceeding ten per cent, per annum, 
 payable semi-annually or annually, and may execute bonds there- 
 for, with interest coupons thereto annexed, and secure the payment 
 of the same, by mortgage or deed of trust on the whole or any part 
 of their said railroad and corporate property, franchises and income 
 of said corporation, then existing or thereafter to be acquired, and 
 may annex to said mortgage bonds the privilege of converting the 
 same into the capital stock of the corporation at par, at the option
 
 of the holders, if such election be signified, in writing, to the cor- 
 poration, at any time, not exceeding five years from the date there- 
 of. The said bonds and interest may be made payable, either 
 within or without this state ; and if the payment of the moneys 
 thereby.secured shall be afterwards enforced by a sale of the prop- 
 erty thus conveyed by mortgage or deed of trust, such sale shall con- 
 vey to the purchaser or purchasers the right to hold arid exercise the 
 said franchises as fully as the same right was possessed by said 
 corporation ; and in any case where the rolling stock, equipments 
 or other personal property of said corporation, or any part thereof 
 shall be included in any mortgage or deed of trust, as aforesaid, 
 the said mortgage or deed of trust shall be acknowledged by the said 
 corporation in the same manner, and recorded as provided by law, 
 shall be as binding upon the said corporation and have the same 
 force and eftcct, in every respect, as if the same were upon real 
 estate alone, any law of this state to the contrary notwithstanding. 
 
 11. That the directors of said corporation be and they are 
 hereby authorized to negotiate and sell the bonds of the said corpo- 
 ration ac such time and in such places, cither within or without this 
 state, and at such rates and for such prices as, in their opinion, 
 will best advance the interest of the corporation ; and if such bonds 
 are thus negotiated or sold at a discount below their par value, such 
 sale shall be as valid and binding OH the company, in every respect, 
 as if they were sold or deposited at their par value. 
 
 12. That the said corporation, in securing the payment of said 
 bonds, by a mortgage or deed of trust on the road, property, fran- 
 chises and income of the corporation, shall have power to execute 
 a mortgage or deed of trust aforesaid, to secure the payment of 
 the full amount of bonds which the corporation may at the time of 
 said mortgage or deed of trust bears date, or at any time thereafter, 
 desire to sell and dispose of, and may execute and sell, from time 
 to time, such amounts of said bonds and of such dates and payable 
 to such persons as the directors of said corporation may deem advi- 
 sable, till the whole amount of bonds mentioned in such mortgage 
 or deed of trust is executed and sold ; and the said mortgage or deed 
 of trust shall be as valid and effectual to secure the payment of the 
 bonds so executed and sold and every part thereof, as if the same 
 and every part thereof had been executed of even date with the 
 said mortgage or deed of trust. 
 
 13, That in all cases where subsciptions of stock and the 
 bonds for same have been issued and delivered to said corporation 
 by any county of this state, in pursuance of a vote of such county 
 thereof all of which said subscriptions, bonds and all other pro- 
 ceedings therein are hereby declared legal and valid ; and in such 
 subscriptions by counties, incorporated cities or towns, past or 
 prospective, it shall be the duty of the county court of each county 
 and the corporate authorities of each city or town, respectively, 
 and they are hereby directed and authorized to levy a sufficient tax
 
 14 
 
 to pay promptly the interest and principal, as tlie same matures 
 and becomes due, on all the bonds which may have been heretofore 
 issued or may be hereafter for said stock ; which tax shall be collect- 
 ed in the same manner and at the same time as the taxes are col- 
 lected for other purposes, arid shall remain in force until said bonds 
 are all paid off and discharged ; and said tax may, from time to 
 time, be increased or diminished so as to produce sufficient funds 
 for payment of said interest and principal of said bonds' And the 
 said county, city or town authorities shall also be empowered to 
 purchase and cancel any of said bonds at any time when there may 
 be funds in the treasury, not otherwise appropriated, at such prices 
 as they deem consistent with the best interests of the counties, cities 
 and towns, respectively. And all the counties through which the 
 survey and location of the railroad of said corporation passes are 
 hereby authorized and empowered, in th^ir corporate capacity, to 
 subscribe and take such additional stock, not exceeding one hundred 
 thousand dollars, in the capital stock of the Jacksonville, Alton and 
 St. Louis Railroad Company, as a majority of the legal voters 
 voting may determine at any election or elections which may be 
 held for that purpose, as provided by law. 
 
 14. In every case where an election shall be held by or in 
 my county, city or incorporated town, situated on or near the route 
 >f said railroad, as the same has been or may hereafter be surveyed 
 ind located, in whole or in part, between Jacksonville and Illinois- 
 own, upon the question whether such county, city or town shall 
 subscribe for any specified amount in shares of the capital stock of 
 said company, said election shall be legal and binding upon such 
 county, city or town, jif notices thereof are given and the election 
 is conducted in the mode prescribed in an act entitled "An act sup- 
 plemental to an act entitled 'an act to provide for a general system 
 of railroad incorporations,' " approved November 6th, 1849, or in 
 the mode prescribed in any general law of this state, relating to the 
 same subject, or in the mode prescribed in any of the aets amenda- 
 tory of the charter of said company; and if a majority of the votes 
 cast at any such election shall be "For Subscription," it shall be 
 the duty of the county court, or the corporate authorities of such 
 city or town, to subscribe, without unneccessary delay, upon request 
 of said company, for shares of said capital stock to the amount so 
 voted, and to issue and deliver to said company the same amount 
 as the stock so subscribed of the bonds of snch city, county or town, 
 as the case may be, payable at any time specified, in not exceeding 
 twenty years from their date, with annual or semi-annual coupons, 
 for not exceeding ten per cent, interest per annum, thereto attach- 
 ed, which bonds and coupons may be made payable either within or 
 without this state, as said company may request; and all the pro- 
 visions of the above mentioned act, approved November Gth, 1849, 
 which are not inconsistent with the provisions of this act and of the 
 other acts amendatory of the charter of said company, shall apply
 
 15 
 
 to and govern every election referred to in this section, and the 
 subscribing for stock and issuing of bonds, by virtue of such elec- 
 tron, and all other matters relating to such elections and the pro- 
 ceedings thereunder or by virtue thereof. 
 
 15. The said company shall carry and transport the mails of 
 the United Spates on such terms as may be agreed upon, and all 
 such freights and passengers as may be offered, if required so to do, 
 on the terms usual with like railroad companies. 
 
 16. In all cases where the principal or interest of any county 
 bond issued to said company, by virtue of a vote of the legal voters 
 of such county, is made payable in the city of New York, such bond 
 shall not.ori that account, be deemed invalid, but the principal and 
 interest shall be deemed payable in such brnd as specified. 
 
 17. This act shall be deemed a public act, and shall be so 
 received and taken notice of in all courts and places, and shall take 
 effect and be in force from and after its passage. 
 
 APPROVED February 14, 1859. 
 
 AN ACT to amend an act entitled "An act to construct a railroad from Jackson, 
 ville, in Morgan county, to Alton, in Madison county," approved February lo 
 1851, and other acts amendatory thereto. 
 
 SECTION 1. Be it enacted by the People of the State of Illinois, 
 represented in the General Assembly, That the Jacksonville, Alton 
 and St. Louis Railroad Company, in addition to the powers grant- 
 ed by the act to which this is an amendment, as well as the amend- 
 ments, approved February 11, 1853, February 27, 1854, February 
 7, 1857, and February 14, 1859, is hereby authorized and empow- 
 ered to take and receive in payment, from the subscribers to the 
 capital stock of said company, (either for subscriptions heretofore 
 made or which may be hereafter,) money, labor, materials, cars, 
 locomotives or other property, either real or personal, for the use 
 of said railroad, or which, in the opinion of the board of directors, 
 may be sold, exchanged or converted to such use ; and the said 
 railroad company is hereby vested with full authority to sell, con- 
 vey, exchange or dispose of any such property so received ; and all 
 such transactions and payments of stock, heretofore made to said 
 company, are hereby declared legal and valid. 
 
 2. The said company is hereby authorized to receive sub- 
 scriptions to its capital stock, payable in either real or personal 
 property ; and all such subscriptions, heretofore made, are hereby 
 declared legal and valed ; and on a failure, neglect or refusal of any 
 subscriber, his heirs, executors or administrators, to make such pay- 
 ment or comply with the condition thereof, the said company may 
 proceed by suk, in any court having competent jurisdiction thereof, 
 and recover the amount or value thereof in money ; and the said 
 company is hereby authorized and empowered to receive subscrip-
 
 If) 
 
 tions to its capital stock, payable at any time hereafter, either 
 when the entire road is in operation or any part of it, or at any 
 time thereafter, and may receive notes or bonds for the same, and 
 also such security, either real or personal, with or without interest, 
 as may be agreed upon. The notes, bonds or other security, as 
 hereby pravided for, may be assigned or transferred by said com- 
 pany ; and such assignment or transfer shall vest in the assignee or 
 assigns the legal title thereto. 
 
 3. The said railroad company shall have power to extend and 
 unite its railroad with any other railroad, now constructed or which 
 may hereafter be constructed in this state ; and, for that purpose, 
 full power is hereby given to said company to make and execute 
 such contracts with any other company as will secure the objects 
 of such connection ; and, for the foregoing purposes of extension, 
 shall possess and exercise all the privileges, immunities and fran- 
 chises, and enjoy all the rights granted by this act and the- act to 
 which this is an amendment and the several amendments thereto. 
 
 4. All the provisions in this act, also the act to which this is 
 an amendment, and the several amendments thereto, relating to 
 county courts, shall apply to and govern the board of supervisors 
 in any county where township organization may exist or hereafter 
 be adopted ; and in all cases, when by the terms of the act to which 
 this is an amendment and the several acts amendatory thereto, it is 
 made the duty ot the county courts to do and perform any act or 
 acts, the same shall be bindihg upon any such board of supervisors, 
 and shall be done and performed by them to the same extent and 
 in like manner, so far as practicable, as the said county courts are 
 required to do. 
 
 5. This act shall be deemed a public act, and shall be so re- 
 ceived and taken notice of in all courts and places, and shall 
 take effect and be in force from and after its passage. 
 
 APPROVED February 20, 1861.
 
 17 
 
 TONIC A & PETERSBURG R. R. COMPANY. 
 
 .A.OT OF 
 
 AN ACT to incorporate the Touica and Petersburg Railroad Company. 
 
 SECTION 1. Be it enacted by the people of tfye State of Illinois, 
 represented in the General Assembly, That Albert Reynolds, Elijah 
 N. Farnsworth, Jesse Hammers. Henry B. Green, John Bennett, 
 William G. Green, William Crow, Josiah Sawyer, and Richard 
 Yates, and their associates, successors and assigns, are hereby cre- 
 ated a body politic and corporate, under and by the name and style 
 of "The Tonica and Petersburg Railroad Company," with perpet- 
 ual succession, and by that name and style 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 eqity 
 in this tState 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 taking, holding, purchasing, leasing, selling 
 and conveying estate and property, real, personal and mixed, so 
 far as the same may be necessary for the purposes hereinafter na- 
 med, 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 objects and purposes of this act. 
 
 2. The said Company shall have power and authority to locate 
 and from time to time to alter, change, relocate, construct, recon- 
 struct, finish, maintain and operate a Railroad, with one or more 
 tracks, commencing at a point at or near Tonica on the Illinois 
 Central Railroad, running thence through Magnolia in Putnam 
 county, Lyons and Mantua in Marshall county, Metamora in Wood- 
 ford county, Tremont and Delevan in Tazewell county, Petersburg 
 in Menard county, at or near Crow's Point in Cass county, and 
 terminating at Jacksonville, in the county of Morgan, upon the 
 most eligible route to be by said company selected ; and for the 
 purpose of constructing the said railroad, said company shall have 
 power to lay out and establish their said road in width not exceed- 
 ing one hundred feet through the entire length thereof; and for the
 
 18 
 
 purpose of constructing bridges, dams, embankments, excavations, 
 spile-banks, engine-houses, depots, stations, grounds, machine-shops, 
 turn-tables, turn-outs, and all other buildings and fixtures neces- 
 sary and suitable for the construction, altering, maintaining and 
 operating said road, and also for obtaining necessary stone, gravel 
 and sand, the said company may take, use and occupy all necessary 
 lands upon either side of said road. 
 
 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, mainten- 
 ance and accommodation of said road, and to take and recieve- 
 grants and conveyances of any and all estate therein to said com- 
 pany and their successors in office, or assigns in fee or otherwise ; 
 and that 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. 
 
 4. The said company are hereby authorized by their engi- 
 neers, agents and surveyors to enter upon any lands for the purpose 
 of making the necessary survey and examinations of said road, and 
 to enter upon and take and hold all lands necessary for the con- 
 struction of said road ; and all such lands as may be required in the 
 construction of bridges, dams, embankments, -excavations, spile- 
 banks, turn-outs depots, engine-houses, shops, turn-tables, and other 
 necessary improvements or buildings, first making just compensation 
 to the owners or occupiers of said lands for damages that may 
 arise to them, from the appropriation thereof, to the uses aforesaid ; 
 and in case said company shall not be able to obtain the title to the 
 lands required for such uses by purchase or voluntary cession, the 
 said company are hereby authorized to proceed to ascertain and 
 determine the damages sustained by such owners or occupiers, and 
 obtain right and title to said lands in the manner and upon the prin- 
 ciples provided in "An act to amend the law condemning right of 
 way for purposes of Internal Improvement," approved June 22d, 
 1852 ; or in the manner and upon the principles provided by any 
 other act that may have been or may hereafter be passed by the 
 General Assembly of the State of Illinois, to enable railroad com- 
 panies to appropriate lands for the purposes aforesaid. 
 
 5. The said board of directors shall have power and authority 
 to provide in their by-laws, if they in their discretion shall think 
 proper to do so, for the construction of said road by divisions ; and 
 in such case it may be lawful for the subscription of the stock to be 
 taken and subscribed for either of the said divisions, or for the 
 whole of the said road, as those iaking and subscribing for the 
 same may dee.ni proper ; and in the event that the whole or any 
 portion of said stock be taken and subscribed for, by divisions, the
 
 19 
 
 amount of stock so taken and subscribed shall be applied and ex- 
 pended in the construction of that particular division for which the 
 same was taken : Provided, That, should the amount raised for 
 any division be a surplus or more than will be required for the 
 construction of said division, such surplus shall go to the whole 
 road as an entire road, and may be appropriated in such manner 
 and at such places on the road as the company may decide. 
 
 6. That all the rights acquired by, and all the obligations 
 incurred by an association heretofore formed and organized 
 for the purpose of constructing and operating a railroad from a 
 point at or near Tonica on the Illinois Central Railroad, to Peters- 
 burg in Menard county, State of Illinois, and known by the name 
 of the Tonica and Petersburg Railroad Company, are hereby made 
 and declared of legal effect, as though the said corporation had 
 been constituted a body politic and corporate by legal enactment 
 and organization thereunder, and that the said corporation shall 
 succeed to all the rights and obligations of the said association ; 
 and that the officers or directors of said association, or person or 
 persons claiming or having a right to the same, shall trans- 
 fer, convey and deliver to said corporation all moneys or 
 property acquired by, or held to the use of said association ; also 
 all books, maps, profiles, and all papers of every description, per- 
 taining to the same to be held and used by the said corporation in 
 carrying out the provisions of this act. That all bonds, notes, con- 
 tracts and promises of every kind made with said association or its 
 officers or agents, in respect to said railroad or its construction, 
 shall inure to the benefit of the said corporation, and shall be bind- 
 ing and effectual as if made with said corporation ; and all debts 
 which may be due from the said association, and all contracts or 
 obligations to be performed by it, shall be binding upon the said 
 corporation as if such debts, contracts and obligations had been 
 made originally by the same : Provided, that 11 the subscribers who 
 have subscribed to the capital stock of the said association, shall be 
 deemed to be stockholders in the said corporation, to the extent and 
 in proportion to the amount so subscribed, and shall be entitled to 
 all the rights, and subject to all the liabilities with other stockhol- 
 ders who shall hereafter subscribe to the capital stock of said cor- 
 poration under and in pursuance of the provisions of this act. 
 
 7. The capital stock of said corporation shall consist of two 
 millions of dollars, and may be increased by the directors of said 
 company, to any sum necessary to complete and equip said road ; 
 and the same shall be subscribed for, and taken under the direction 
 of the board of directors at such times and places and in such man- 
 ner as the directors shall from time to time direct. The said capi- 
 tal stock shall be divided into shares of one hundred dollars each, 
 shall be deemed personal property, shall be liable to be sold under 
 execution, and shall be transferable in such manner and at such 
 places, as shall be ordered by the board of directors.
 
 8. All the corporate powers of said company shall be vested 
 in and exercised by a board of directors of not more than nine or 
 less than five, to be determined by the stockholders, and to be cho- 
 sen annually by the stockholders from among themselves ; who shall 
 hold their offices for one year after their election, or until their 
 successors are elected and qualified. The time and manner of hold- 
 ing the annual election for the election of directors shall be fixed and 
 determined by the by-laws of the company, and at all such elections of 
 directors each stockholder shall be entitled to one vote for each share 
 of stock bona fide held by him, and may vote in person or by proxy. 
 The said directors shall have power to appoint all necessary clerks, 
 secretary, and other officers or agents necessary in the transaction 
 of the business of the board. The said directors, a majority of 
 whom shall constitute a quorum, shall elect one of their own num- 
 ber to be the president of the company. 
 
 9. In case of the death, resignation or removal of the presi- 
 dent or any director at any time between the annual elections, such 
 vacancies may be filled for the remainder of the year, whenever it 
 may happen, by the board of directors ; and in case of absence of 
 the president, the board of directors shall have power to appoint a 
 president pro tern., who shall have and exercise all the powers of 
 the legal president of the company. And in case it shall at any time 
 happen that an election of directors shall not have been made on 
 the day on which it ought to have been made, in pursuance of the 
 provisions of this act, the said corporation shall not, for that cause 
 be dissolved, but such election shall be holden at such other time as 
 shall be directed by the by-laws of said corporation. 
 
 10 The first board of directors of said company shall consist 
 of Albert Reynolds, Elijah IS. Farnsworth, Jesse Hammers, Josiah 
 Sawyer, Henry R. Green, John Bennett, William G. Green, Wm. 
 Crow, and Richard Yates, who shall hold their offices until the next 
 annual election of directors, or until their successors are elected 
 and qualified. Said board of directors shall cause books to be 
 opened for subscription to the capital stock of said corporation at 
 such time and in such mariner as tney shall by their by-laws direct. 
 
 11. It shall be lawful for the directors to make calls upon the 
 Bums subscribed to the capital stock of said corporation at such times 
 and in such amounts as they shall deem fit, giving at least thirty 
 days notice of each of said calls, in at least two newspapers publish- 
 ed in the vicinity of said road ; and in case of any failure on the part 
 of any stockholder to make payment of any call made as aforesaid 
 by the said directors, for sixty days after the same shall have been 
 made, the said board of directors ^are hereby authorized to declare 
 said stock, so in arrears ; and all sums paid thereon shall be forfeited 
 to the company, and said company shall have the power and author- 
 ity to institute suit in any competent court, and recover judgment 
 against any such defaulting subscriber or subscribers for such 
 amount of said stock as he or she or they may be so in arrears as 
 aforesaid.
 
 21 
 
 12. The said company may transport upon said railroad, 
 persons, merchandize and property, by the power of steam, or of 
 animals, or of any other power or combination of powers, and may 
 regulate the time and manner in which goods, effects and persons 
 may be transported on the same, and may prescribe the manner in 
 which said railroad may be used, and the rate of toll for the trans- 
 portation of persons and property thereon, and for the storage of 
 merchandize and other property under their charge, and shall have 
 power to provide all necessary stock and materials for the opera- 
 tion of said road, and to erect and maintain all necessary depots 
 and other buildings, and machinery, for the accommodation, man- 
 agement and operation of said road. The said directors shall have 
 power to make all necessary rules, regulations, ordinances and by- 
 laws, which they may deem necessary and expedient, to accomplish 
 the designs and purposes, and to carry into effect the provisions of 
 this act. 
 
 13. If any person shall maliciously, wilfully, or wantonly, or 
 shall negligently obstruct the passage of any car, on said railroad, 
 or upon any part thereof, or anything belonging thereto, or shall 
 damage, break or destroy any part of the said railroad, or imple- 
 ments, or buildings belonging to the same, he, she or they, or any 
 person assisting, shall forfeit and pay said company for every such 
 offence, treble the amount of damages that shall be proved before a 
 competent court, has been sustained, and be sued for in the name 
 and behalf of said company ; and such offender or offenders shall 
 be deemed guilty of a misdemeanor and shall be liable to indictment 
 in the same manner (as) other indictments are found in any county 
 or counties where such offence shall have been committed, and upon 
 conviction, every such offender shall be liable to a fine not exceed- 
 ing one thousand dollars, for the use of the county where such 
 indictment may be found, or shall be imprisoned in the penitentiary 
 not exceeding five years, or both, in the discretion of the court be- 
 fore whom the same shall be tried. 
 
 14- Said company is hereby authorized from time to time to 
 borrow such sum or sums of money as may be necessary for com- 
 pleting and operating their said road, and to issue and dispose of 
 their bonds in denominations of not less than five hundred dollars, 
 for any amount so borrowed, and to mortgage their corporate prop- 
 erty, arid franchise and convey the same by deed of trust, to secure 
 the payment of any debt contracted by the said company for the 
 purpose aforesaid ; and directors of said company may confer on 
 any bondholders of any bonds it sued for money borrowed as afore- 
 said, the right to convert the principle due or owing thereon into 
 the stock of said company, at any time not exceeding ten years 
 from the date of the bond, under such regulations as the directors 
 of said company may see fit to adopt, and all sales of bonds for 
 less than their par value, shall be good and valid and as binding 
 upon said corporation as if the same were sold for the full amount
 
 22 
 
 i 
 
 thereof ; and said corporation may loan any surplus funds, at such 
 rate of interest as is now allowed upon any money loaned by the 
 laws of this state : Provided, Nothing herein contained shall be so 
 construed as to confer banking privileges. 
 
 15. The certificate of the secretary of said company, under 
 the corporate seal thereof, shall be received in all courts of justice 
 and elsewhere as evidence of the regular organization of said com- 
 pany under its charter, and of any act or order of the board of direc- 
 tors of said company. 
 
 16. That whenever it shall be necessary for the construction 
 of said Railroad, to intersect or cross any water course, or any road 
 or highway lying between the points aforesaid, it shall be lawful for 
 the corporation to construct their railroad across or upon the same. 
 Provided, That the corporation shall restore the water course or 
 road or highway thus intersected, to its former state, or in a suffi- 
 cient manner not to[leave impaired its usefulness. It shall be lawful 
 for the said company to unite with any other railroad company 
 which may have been or hereafter may be incorporated by this state, 
 and to grant to any company or companies the right to construct 
 and use all or any portion of the road hereby authorized to be con- 
 structed ; also the right to sell, lease or convey the same to said 
 company or companies, or consolidate its stock therewith and place 
 the management and control of the same under such board of di- 
 rectors upon such terms as may be mutually agreed upon by the 
 said railroad companies. 
 
 17. The said corporation shall have power to construct a north- 
 ern extension of said road to Ottawa, and in the event of the exten- 
 sion of said road to Ottawa the said corporation shall not be com- 
 pelled to construct that part of the road provided for, in the second 
 section of this act which lies between Tonica and Magnolia, unless 
 said corporation shall in their discretion see proper so to do, but 
 shall have power to run said road on the most eligible route between 
 Magnolia and Ottawa, crossing the Illinois Central railroad either 
 at Tonica or at a point on said Illinois Central railroad south of 
 Tonica, as said company may deem most for the interest of said 
 road ; said corporation shall also have the power to construct a 
 branch of said road from Petersburg to New Berlin, on the Great 
 Western road, and also a southern extension of said road from 
 Jacksonville in the direction of Waverly and Carlinville to such 
 point on the said Illinois Central Railroad as the said corporation 
 may hereafter determine; said extension and branches to be con- 
 structed in every respect according to the provisions, requirements 
 and limitations of this act. 
 
 18. This act, is hereby declared to be a public act, and shall 
 be in force from and after its passage ; and said company shall com- 
 mence its work in five years and complete the same in ten years 
 after the passage of this act. 
 
 APPROVED Jan. 15, 1857.
 
 23 
 
 (AMENDMENTS TO THE CHARTER] 
 
 AN ACT Supplemental to an net to incorporate the Tonica and Petersburg 
 
 Railroad Com nan y. 
 
 SECTION 1. Be it enacted by the People of the State of Illinois, 
 represented in the General Assembly, That in all cases where sub- 
 scriptions have been or shall be made to said company by any coun- 
 ty of this State in pursuance of a vote of the county, all which are 
 hereby declared legal and valid, it shall be the duty of the county 
 court of each county respectively, to levy a sufficient tax to pay the 
 interest on the bonds to be issued for said stock, which tax shall 
 remain in force until said bonds are paid off and discharged, and 
 said tax may from time to time be increased or diminished so as to 
 produce sufficient funds for payment of said interest. That the 
 votes given at the last general election holden on the 4th day of 
 November, A. D. 1856, by the Counties of Morgan and Menard, 
 in favor of subscriptions to the Capital Stock of said Company, be 
 and the same are hereby declared of legal effect, and that the 
 Clerks of the County Courts of such Counties be authorized and 
 required to issue their bonds to said company, in the manner and 
 upon the terms set forth in the election notices and other proceed- 
 ings of said county courts in relation thereto. 
 
 2. That if the citizens of Washington in Tazewell county, 
 shall, on or before the first day of March, A. D. 1857, subscribe 
 within said town of Washington not less than the sum of fifteen 
 thousand dollars in good responsible subscription to the capital 
 stock of said company, and secure free of expense to said company 
 the right of way through said town of Washington, and also ground 
 for a passenger house at such point as the said road shall cross the 
 Peoria and Oquawka Eastern Extension Railroad, free of expense 
 to said company, and also depot grounds, within three-eighths of a 
 mile of said crossing free of expense to said company, then the 
 said road shall be located through the said town of Washington. 
 
 3. That the county court of each county which may by a 
 vote of said county have subscribed, or may hereafter subscribe, to 
 the capital stock of said company, is hereby authorized to make 
 the interest on the bonds of subscription aforesaid payable at such 
 place or places as the said county courts respectively may order 
 and determine. 
 
 4. The said corporation shall have the power to construct 
 a branch of said railroad from some point thereon between Magno- 
 lia and Ottawa to some point in the town of Morris in the county 
 of Grundy, said points to be fixed, by said corporation with spurs 
 to said branch running to the Coal Beds on the Vermillion River, 
 which said branch and spurs shall be constructed under the pro- 
 visions of the original act to which this is a supplement ; and said 
 corporation shall have all the powers, privileges and advantages 
 (and be liable to all the regulations, liabilities and disabilities,) in 
 constructing and managing said branch and spurs as are imposed
 
 24 
 
 upon and granted said company by said charter in constructing the 
 main trunk of said railroad. 
 Approved Feb. 16, 1857. 
 
 AN ACT to amend " An act to incorporate the Tonicaand Petersburg Railroad 
 Company," approved January loth, 1857, and also to amend "An act supple- 
 mental to an act to incorporate the Tonica and Petersburg Railroad Company,'' 
 approved February 16th, 1857. 
 
 SECTION 1. Be it enacted by the People of the State of Illinois, 
 represented in the G-eneral Assembly, That said corporation is au- 
 thorized to receive subscriptions to its capital stock, payable at any 
 time and in any manner, and at any rate of interest, not exceeding ten 
 per cent, per annum, which may be agreed upon by said corpora- 
 tion and the subscribers to the capital stock thereof. 
 
 2. The provisions of " An act supplemental to an act entitled 
 *an act to provide for a general system of railroad incorporations,' ' 
 approved Nov. 6th, 1849, and also of " An act to facilitate the 
 construction of railroads," approved March 1st, 1854, are hereby 
 declared and made applicable to each and every town now incorpo- 
 rated or that may hereafter be incorporated, situated on or near the 
 line of " The Tonica and Petersburg Railroad," and the corporate 
 authorities of any such incorporated town may order an election or 
 elections to be held in such town, by the legal voters thereof, upon 
 the question whether the town, in its corporate capacity, will .or 
 will not subscribe to the capital stock of " The Tonica and Peters- 
 burg Railroad" any sum not exceeding fifty thousand dollars. And 
 in case said election shall be held, the same shall be conducted as 
 other town elections ; and if [at] any such elections a majority of 
 the voters voting shall be in favor of making such subscription, all 
 the provisions of the two acts recited in this section, and also of all 
 other general laws relating to subscriptions by counties to the capi- 
 tal stock of railroad companies, shall apply to and govern the cor- 
 porate authorities' of such town in making such subscription, and in 
 all the subsequent proceedings relating thereto ; and the rights of 
 such town against said corporation shall be the same, with the like 
 remedies to enforce such rights, as the rights and remedies of coun- 
 ties in cases of county subscription. 
 
 3. That any township now or hereafter organized under the 
 township organization laws of this state, which may be situated on 
 or near the route of the Tonica and Petersburg railroad, or of any 
 branch of said road, is hereby authorized to subscribe to the capi- 
 tal stock of said company, in any sum not exceeding fifty thousand 
 dollars for each township. 
 
 4. No such subscription shall be made until the question has 
 been submitted to the legal voters of the township in which the sub- 
 scription is proposed to be made, and the clerk of each of said 
 towns (in which the subscription is proposed to be made)
 
 25 
 
 is hereby required, upon the presentation to him of a petition 
 signed by at least twenty citizens, who are legal voters and tax 
 payers of the town of which he is clerk (in which petition shall be 
 specified the amount proposed to be subscribed, the time which the 
 bonds proposed to be issued are to run, and the interest which said 
 bonds are to bear,) to post up notices in at least three of the 
 most public places of said town, which notices shall be posted at 
 least thirty days before the day of holding such election, notifying 
 the legal voters to meet at the usual place of voting, or some other 
 convenient place in said town, for the purpose of voting for or 
 against subscription ; but no such vote shall be taken except at a 
 regular election for town or county officers. 
 
 5. If it shall appear that a majority of all the voters voting at 
 such election, have voted for subscription, it shall be the duty of 
 the supervisor of each of said towns that shall vote for such sub- 
 scription, to subscribe to the capital stock of said railroad corpora- 
 tion, in the name of the town for which he is supervisor, the amount 
 so voted to be subscribed, and to receive from said corporation the 
 proper certificates therefor. He shall also execute to said corpor- 
 ation, in the name of said town, bonds in conformity with said vote, 
 which bonds shall specify the place of papment, and shall inno case 
 bear interest at a higher rate than ten per cent, per annum, and 
 shall run for a term of not less nor more than twenty years, and 
 the interest on the same shall be made payable annually or semi- 
 annually, and which said bonds shall be accepted by said corpora- 
 tion at their par value. Said bonds shall be signed by the super- 
 visor and attested by the clcvk of the town in whose name the bonds 
 are issued, and it shall be the duty of said clerk to make a record 
 of the issuing such bonds. Said bonds shall be delivered to the 
 president or secretary of said corporation, for the use of said cor- 
 poration. 
 
 6. It shall be the duty of the clerk of each of said towns in 
 which a vote is given for subscription, within ten days thereafter, to 
 transmit to the county clerk of the county in which said town is 
 situated, a transcript or statement of the vote given and the amount 
 voted to be subscribed, and the rate of interest named in the bonds, 
 and the times of payment of said interest. 
 
 7. It shall be the duty of said county clerk, annually there- 
 after, to compute and assess upon aH the taxable property returned 
 by the assessor of each of said towns which have voted to subscribe 
 a sufficient sum to pay the interest on all bonds issued by the re- 
 spective towns, which taxes shall be extended on the collectors' 
 books as other taxes are, and shall be collected in the same manner 
 that other taxes are collected, and when collected shall be paid into 
 the treasury as county taxes are paid. 
 
 8. It shall be the duty of said treasurer of the county in which 
 said town is situated, to pay out, on the presentation to him of the 
 bonds issued by any town as aforesaid, the amount due on each of
 
 26 
 
 said bonds as interest, out of any money in his hands for that pur- 
 pose, and receive the interest coupons then due and paid by him, 
 or other sufficient vouchers ; he shall also keep an account with 
 each town of all money received by him and paid out on account 
 of said town, which account shall at all times be open to the in- 
 spection of all persons wishing to examine the same. 
 
 9. At all elections for officers or other questions voted upon 
 by the stockholders of said corporation, the supervisor of each 
 town making such subscription shall represent and cast the vote 
 which said stock is entitled to. 
 
 10. The supervisor of each town voting for subscription as 
 aforesaid, is hereby authorized to issue and deliver to said corpor- 
 ation the whole of the bonds payable on its subscription, whether 
 the assessments on the other stockholders of said company have 
 been regularly assessed and made payable or not, and said bonds, 
 both principal and interest, may be made payable at any place 
 within or without this state, in conformity with the vote that shall 
 have been taken. 
 
 | 11. That in all cases where subscriptions of stock have been 
 made to the said corporation by any county of this state, or shall 
 hereafter be made to said corporation by any county, city or incor- 
 porated town, it shall be the duty of the county court of each 
 county and of the corporate authorities of each city and incorpor- 
 ated town, respectively, and they are hereby directed and authoriz- 
 ed to levy a sufficient tax to pay the interest and principal as the 
 same matures and becomes due on all the bonds which mny have 
 been heretofore issued or may ba hereafter issued for said stock, 
 which tax shall be collected at the same time and in the same man- 
 ner as the taxes are collected for other purposes, and shall remain 
 in force until said bonds are paid ofi and discharged. And said 
 tax may, from time to time, be increased or diminished so as to 
 produce sufficient funds for payment of said interest and princi- 
 pal of said bonds. And the said couuty, city or town authorities 
 shall also be empowered to purchase and cancel any of said bonds 
 at any time when there may be funds in the treasury not otherwise 
 appropriated, at such prices as they deem consistent with the best 
 interests of the county, city or town, respectively. 
 
 12. In every case Avhere an election shall be held by or in 
 any county, city or incorporated town, situated on or near the route 
 of said railroad, as the same has been or may hereafter be survey- 
 ed and located, in whole or in part, upon the question whether such 
 county, city or town shall subscribe for any specified amount in 
 shares of the capital stock of said corporation, said election shall 
 be legal and binding upon such county, city or town, if notices there- 
 of are given and the election is conducted in the mode prescribed in 
 mi act entitled "An act supplemental to an act entitled 'an act to 
 provide for a general system of railroad incorporations,' " approv- 
 ed November 6th, 1849, or in the mode prescribed in, any general
 
 27 
 
 law of this state relating to the same subject. And if a majority 
 of the votes cast at any such election shall be for subscription, it 
 shall be the duty of the county court or the corporate authorities 
 of such city or town to subscribe, without unnecessary delay, upon 
 the request of the president of said corporation, for shares of said 
 capital stock to the amount so voted, and to issue and deliver to 
 said company the same amount as the stock so subscribed of the 
 bonds ot said county, city or town, (as the case may be,) payable 
 at any time specified, not exceeding twenty years from their date, 
 with annual or semi-annual coupons for not exceeding ten per cent, 
 interest per annum thereto attached, which bonds and coupons may 
 be made payable either within or without this state, as said corpor* 
 ation may request; and all the provisions of the above mentioned 
 act, approved November 6th, 1849, which are not inconsistent with 
 the provisions of this act, shall apply to and govern every election 
 referred to in this section, and the subscribing for stock and issu- 
 ing of bonds by virtue of such election, and all other matters re- 
 lating to such election and the proceedings thereunder or by virtues 
 thereof. 
 
 13. The said company shall carry and transport the mails of 
 the United States on such terms as may be agreed upon, and all 
 such freights and passengers as may be offered, if required BO to 
 do, on the terms usual [with] like railroad corporations. 
 
 14. The said corporation is hereby authorized to sell and 
 convey, by deed, in fee simple, all lands, town lots or other real 
 estate belonging to 01 acquired by said corporation or which may 
 hereafter be acquired by purchase, donation or otherwise, which, 
 in the judgment of its board of directors, is not needed for the pur- 
 poses of said corporation. And in all sales, conveyances, deeds 
 of trust or mortgages of real estate by said corporation, the con- 
 veyances shall be made in the corporate name thereof, and acknow- 
 ledged by the president, under the seal of tho corporation, and at- 
 tested by the secretary thereof. 
 
 15. The said corporation are hereby authorized to make and 
 issue a preferred stock, guaranteeing such a rate of interest, not. 
 exceeding ten per cent, per annum, and with such priority over the 
 remaining stock of such corporation as may be directed by the 
 board of directors of said corporation. And the said directors 
 may cause subscription books for same to be opened at such times 
 and places as they may direct, which shall be governed by the satno 
 rules, regulations and liabilities as provided heretofore in the origi- 
 nal charter of said corporation and the several amendments there- 
 to, or by any by-laws or regulations which may be adopted or di- 
 rected by the said directors. And the said board of directors mav 
 make such by-laws and regulations necessary to give and secure to 
 each original stockholder in said corporation a free pass over the 
 said railroad, when completed, so long as such person may continue 
 the lonafidc owner of such original stock : Provided, that ao free
 
 28 
 
 pass shall be issued to any such stockholder, unless he is the owner 
 of at least five shares of said capital stock. 
 
 16. The said corporation is hereby authorized to borrow such 
 sums of money on the credit of the corporation which may be nec- 
 essary for constructing, finishing or operating their said railroad, 
 or for any other purpose connected therewith, at a rate of interest 
 not exceeding ten per cent, per annum, payable semi-annually or 
 annually, and may execute bonds therefor with interest coupons 
 annexed, and secure the payment of the same by mortgage or deed 
 of trust on the whole or any part or any division of said railroad 
 and corporate property, franchises and income of said corporation, 
 then existing or thereafter to be acquired ; the said bonds and inter- 
 est may be made payable either within or without this state ; and 
 if the payment of the moneys thereby secured shall be afterwards 
 enforced by a sale of the property thus conveyed by mortgage or 
 deed of trust, such sale shall convey to the purchaser the right to- 
 hold and exercise the said franchises as fully as the same right was 
 possessed by said corporation. 
 
 17. That said corporation shall have the power to execute a 
 deed of trust or mortgage on the property, road and income of the 
 company or upon any division or part thereof, to secure the pay- 
 ment of such amount of bonds as may be deemed necessary to be 
 issued by the board of directors of said corporation, for the pur- 
 poses of the road, and said corporation shall have power to execute 
 and sell and dispose of said bonds at the time said deed of trust or 
 mortgage bears date, or shall have power to execute said bonds and 
 sell the same, in whole or in parts, from time time, and of such 
 dates subsequent to said deed of trust or mortgage, and payable to 
 such person or persons as to said corporation shall seem advisable, 
 till the whole amount of bonds mentioned in such deed of trust is 
 executed and sold ; and the said mortgage and deed of trust shall 
 be as valid and efficient to secure the payment of the bonds so exe- 
 cuted and sold, and of every thereof, as if the same and every part 
 thereof had been executed and sold with even date with the said 
 deed of trust or mortgage. 
 
 18. That whenever the said railroad shall intersect any road, 
 railroad, highway, street or alley, the said corporation shall have 
 power to change the line or grade of the said road, railroad, high- 
 way, street or alley so intersected, if such change be desirable, 
 and shall not impair the usefulness of such road, railroad, highway, 
 street or alley thus intersected, and said corporation may take such 
 additional lands as may bo necessary for the change of said road, 
 highway, street or railroad, making compensation therefor as in other 
 cases : Provided, that in case of intersection with any railroad now 
 incorporated, no change of line of such railroad, so intersected, 
 shall be had, except with the consent of the company so intersect- 
 ed, or in case of disagreement, by the direction and award of arbi-
 
 29 
 
 trators mutually chosen, one of whom shall be selected by each 
 company, and the third chosen by the two thus chosen. 
 
 19. That in all proceedings had or hereafter to be had for 
 right of way or condemnation of real estate, for any purpose of 
 said railroad, after any assessment or non-assessment of damages 
 in the premises, by commissioners, and any appeal or other proceed- 
 ings in the premises by either party, the said corporation may pro- 
 ceed in the construction of the said railroad over and upon said 
 real estate, upon giving bond and security in a sufficient amount to 
 be approved by the clerk of the circuit court of the proper county 
 conditioned to pay to the owner or owners of such real estate all 
 costs and damages that may hereafter be legally taxable and asses- 
 sed in the premises against said corporation. 
 
 20. Said corporation may maintain suits against stockholders 
 for non-payment of capital stock in any county through which said 
 road passes, and no stockholder or other person interested in the 
 affairs of said corporation shall be imcompetent to testify as a wit- 
 ness or serve in any material capacity in any proceedings, legal or 
 otherwise, where said corporation may be a party. 
 
 21. This act shall be deemed a public act, and in force from 
 and after its passage. 
 
 Approved February 14, 1859. 
 
 ACT FOR CONSOLIDATION. 
 
 AN ACT to enable railroad companies and plank roadcompaniesto consolidate 
 
 their stock. 
 
 SECTION 1. Be it enacted by the people of the state of Illinois, 
 represented in the G-eneral Assembly, That all railroad companies 
 and plank road companies now organized, or hereafter to be orga- 
 nized, which now have or hereafter may have their termini fixed by 
 law, whenever their said road or roads intersect by continuous lines, 
 be and the same are hereby authorized and empowered to consoli- 
 date their property and stock with each other, and to consolidate 
 with companies out of this state, whenever their lines connect with 
 the lines of such companies out of this state. 
 
 2. Such consolidation may take place whenever the said com- 
 panies shall respectively agree upon the terms and conditions of 
 the same ; and the said companies when so consolidated shall be 
 authorized to agree upon the name or name^ of such consolidated 
 company, and by such name or fflmes the said con- 
 solidated company shall be a body corporateand politic, shall have 
 a common seal or seals, and by such name or names shall be re- 
 spectively contracted with and make contracts, shall sue and be 
 sued, implead and be impleaded with, and shall have all the powers, 
 franchises and immunities which the said respective companies shall 
 have, by virtue of their respective charters, before such consolida-
 
 30 
 
 tion passed within the state of Illinois : Provided, that each con- 
 solidated company shall file for record, in the office of the secretary 
 of state, a copy of their said articles of consolidation, evidence'd 
 by the signature of the presiding officer of each of the said com- 
 panies, and the corporate seal thereof. 
 
 8. The corporation or corporations formed by virtue of the 
 provisions of this act shall have the power to increase their capital 
 stock to any amount required by resolution of their respective 
 boards of directors, not exceeding the amount of the cost of 
 the roads and works constructed and equipped by them, to borrow 
 money and fix the rate of interest therefor, to issue bonds and the 
 same to sell at such price as they may deem expedient, such sales 
 being hereby authorized and confirmed, and to make any other con- 
 tracts authorized by the by-laws of the said corporation or corpo- 
 rations, within the purview of their said charters. 
 
 4. Such corporation or corporations, when so formed, shall 
 have the same power to consolidate with other companies when 
 their lines connect, upon such terms as may be agreed upon by 
 them respectively. 
 
 5. No company in this state shall be authorized under the 
 provisions of this act to consolidate with any company beyond the 
 limits of the state, until the termini of such company in this state 
 shall first have been fixed by the laws of this state at the bounda- 
 ry line thereof. 
 
 6. This act shall not be so constructed as to authorize any 
 plank road not having power to build a railroad to consolidate with 
 any railroad so as to lay a railroad upon any plank road track, 
 until the termini of such railroad shall have been expressly fixed 
 by law, nor shall any plank road so consolidate with any railroad 
 unless authorized by law to lay a railroad track. 
 
 7. All proceedings for the purpose of consolidation as above 
 provided shall be fixed and regulated by the by-laws of the respec- 
 tive companies desiring such consolidation : Provided, that such 
 consolidation shall not take place until the terms of such consoli- 
 dation shall have been approved by a majority of the stockholders 
 in interest, in person or by proxy, at an annual or called meeting, 
 of which due notice shall be given, by publication or in writing, to 
 all stockholders interested, or the same be approved by the written 
 consent of a majority of stockholders in interest, filed in the office 
 of their company. 
 
 8. When it shall be necessary for the construction of any 
 railroad to cross the trai^c of any other railroad, stream of water, 
 water course, road or highway, which it may intersect or cross by 
 reason of such extension, into or through any adjoining state, or 
 by reason of its consolidation with ny other road or roads, com- 
 pany or companies, as provided in this act, it shall be lawful for 
 said company to construct their road across or over the same by 
 such track or tracks, bridge or bridges, viaduct or viaducts, as
 
 31 
 
 may be necessary to the convenience oi the extension or consolida- 
 tion of said road : Provided, said company shall restore the rail- 
 road, stream of water, water course, road or highway thus inter- 
 sected or crossed to its former state, or in a sufficient manner not 
 materially to interfere with its usefulness. 
 
 9. This act shall take effect from and after its passage. 
 
 APPROVED February 28, 1854.
 
 32 
 
 ARTICLES OF CONSOLIDATION. 
 
 ARTICLES OF CONSOLIDATION, made and entered into, this" twenty 
 seventh day of October, in the year of our Lord one thousand eight 
 hundred and sixty-two, between the Tonica and Petersbury Rail- 
 road Company, and the Jacksonville, Alton and St. Louis Railroad 
 Company* 
 
 it^a -\ WHEREAS, The said Railroad Companies, Corporations 
 ^mp? j existing and duly organized under and by virtue of cer- 
 i tain acts of the General Assembly of the State of Illinois, 
 have the termini of their respective railroads fixed by law, and their 
 said roads intersect by a continuous line from Alton, through Jack- 
 sonville, the place of intersection, to Tonica ; and the directors of 
 said respective companies, upon mature considerations have deter- 
 mined that the interests of the respective stockholders of said com- 
 panies, and the public interests arid convenience will be greatly pro- 
 moted by the union of their said roads into one road, and by the 
 consolidation of the respective stocks of said companies into one 
 common consolidated stock : 
 
 And whereas the said companies, being authorized and empow- 
 ered by law to consolidate their property and stock with each other, 
 have agreed so to do upon the terms and conditions hereinafter men- 
 tioned and contained : 
 
 Now, therefore, this Agreement, made by and between the cor- 
 porations above named, parties hereto, witnesseth, that the said 
 Tonica and Petersburg Railroad Company, and the said Jackson- 
 ville, Alton and St. Louis Railroad company, do agree, and each 
 for itself doth severally agree, that the said companies shall be con- 
 solidated into and form one corporation under the name and style 
 of the "St. Louis, Jacksonville and Chicago Railroad Company." 
 
 And pursuant to the act of the General Assembly of the State 
 of Illinois, in such case made and provided, the said parties hereto 
 do hereby prescribe the following terms and conditions of the said 
 consolidation, and do respectively agree thereto, and to the mode of 
 carrying the same into effect as herein provided for : 
 
 ARTICLE 1. The directors of the said St. Louis, Jacksonville 
 and Chicago Railroad Company shall be not less than five, nor 
 more than eleven in number, to be chosen as hereinafter provided.
 
 33 
 
 ART. 2. The first election for the directors of said company, 
 shall be held at Jacksonville on the tenth day of December next, 
 between the hours of noon and five o'clock P. M. The following 
 stockholders in one or other of said companies, are hereby appoin- 
 ted inspectors or judges of said election to perform the usual duties 
 required by law in such cases, to-wit : Matthew Stacy, John Math- 
 ers, Cornelius Rouke, and William P. Barr. The inspector or in- 
 spectors attending at the time and place fixed for the election, shall 
 have power to fill any vacancy occasioned by the non-attendance of 
 any one or more of their number. Any person so appointed to fill 
 a vacancy raust be a stockholder in one or other of the companies 
 parties hereto. Should neither of the inspectors attend at the time 
 and place appointed for the election, the stockholders present at tho 
 time fixed for the opening of the polls, shall have power by the 
 vote of a majority in number of those present, to choose three per- 
 sons, being stockholders in one or other of said companies, who, or 
 any two of whom, shall have power to act as the judges of the said 
 election. All stockholders in the respective companies, entitled to 
 vote at any election of directors in the respective companies parties 
 to this agreement, shall have the right to vote at the said election, 
 in person, or by proxy, and shall be severally entitled to one vote 
 for each share of stock, (being one hundred dollars at par,) held by 
 such stockholder in either of said companies. Eleven directors 
 shall be voted for at said election, of whom at least four shall reside 
 north of Morgan county and be stockholders of the Tonica and 
 Petersburg Railroad Company, and at least four shall reside south 
 of Morgan county and be stockholders of the Jacksonville, Alton 
 and St. Louis Railroad Company, and at least two of them shall re- 
 side within the county of Morgan and be stockholders in one or other 
 of the original companies. The eleven persons, so qualified, receiv- 
 ing the highest number of votes at the said election, shall be the 
 first directors of the St. Louis, Jacksonville and Chicago Railroad 
 Company, and shall hold their office for one year, and until their 
 successors are chosen according to law. 
 
 ART. 3. The said directors shall, at the first meeting after their 
 election, elect a president from their own number, and shall also 
 then, or as soon as conveniently may be thereafter, elect or appoint 
 B secretary and treasurer of said company, and such other officers, 
 engineers, superintendents, clerks, agents, assistants, and other 
 employees, as they shall from time to time find to be necessary for 
 the proper transaction of the business of said company. $ 
 
 AKT. 4. After the consolidation herein provided for is perfect- 
 ed, and after said first election, stockholders in said consolidated 
 company, by surrender or exchange of their certificates in their 
 respective companies, or otherwise, shall be entitled to vote, in per- 
 son, or by proxy, at any meeting of the stockholders of said con- 
 solidated company. 
 
 AIIT. 5. The capital stock of the said St. Louis, Jacksonville 

 
 34 
 
 and Chicago Railroad Company shall bo two million of dollars, to 
 be divided into twenty thousand shares of one hundred dollars each, 
 and the directors may increase the capital stock of said company 
 when necessary to an amount not exceeding the cost of the roads 
 and works constructed and equipped. All the stock which shall 
 have been issued at the time this consolidation takes effect by either 
 of the said companies, parties hereto, which shall then be outstand- 
 ing and held by bonafide holders, shall be surrendered, and in place 
 thereof, there shall be issued to the holder or holders of such stock, 
 or his or her or their assigns, an equal number of the shares of 
 the stock in said consolidated company. And every subscriber to 
 the capital stock of either of the said original companies, who, be- 
 fore this consolidation takes effect, shall have fully paid and per- 
 formed his subscription or contract for such stock, without having 
 received a certificate therefor, shall be entitled to receive a certifi- 
 cate of stock in the consolidated company for the number of shares 
 to which he would be entitled in the original company. 
 
 ART, 6. In all cases in which subscriptions or agreements with 
 either of said companies, parties hereto, for the stock of either of 
 said companies, have been heretofore made by any person or per- 
 sons, and said subscriptions or contracts for stock yet remain unpaid 
 or unperformed, either in whole or in part, the stock of said consol- 
 idated company may, upon payment of said subscriptions, or per- 
 formance of said contracts, be issued to the subscriber or subscri- 
 bers in the same manner as the respective companies, parties hereto, 
 would have been bound to issue their stock respectively, had not 
 this consolidation taken effect. And the directors of the consoli- 
 dated company shall have full power against any defaulting sub- 
 scriber or subscribers to the stock of either of said original compa- 
 nies, to declare such stock forfeited for non-payment, after due no- 
 tice of arrears of subscription. 
 
 ART. 7. No certificate of stock in the consolidated company 
 shall be delivered to any stockholder except on terms of payment 
 by such stockholder of the taxes lawfully imposed thereon by na- 
 tional or state authority. 
 
 ART. 8 All and singular the rights, franchises, privileges-, 
 real estate, depot grounds, rights of way, road-beds, railroads, iron 
 rails, superstructures, engines, cars, machinery, rolling stock, debts, 
 dues, demands, choses in action, and property of every description, 
 name and nature, in which the said Tonica and Petersburg Railroad 
 Company and Jacksonville, Alton and St. Louis Railroad Company 
 have respectively any rignt, title or interest, whether in possession, 
 reversion or remainder, with the appurtenances, upon the ratifica- 
 tion of these articles, and the election of the first board of direc- 
 tors of the St.. Louis, Jacksonville and Chicago Railroad Company, 
 shall be held, owned and controlled by the stiid St. Louis, Jackson- 
 ville and Chicago Railroad company, their successors and assigns, 
 as fully and completely to all intents and purposes, as said separate
 
 35 
 
 companies do or can now hold, own, use or control the same ; and 
 no further conveyance or assurance shall be required lor the full 
 and complete vesting thereof in the said St. Louis, Jacksonville 
 and Chicago Railroad Company. 
 
 ART. 9. All just debts, guarantees and liabilities existing 
 against the said original companies, parties hereto, at the time of 
 the taking effect of this consolidation, shall be, and are hereby, as- 
 sumed, and the same shall be provided for, paid and discharged by 
 the said St. Louis, Jacksonville and Chicago Railroad company. 
 
 ART. 10. All the books, vouchers, records, muniments of title, 
 and other documents, pertaining to the business or property of the 
 said original companies, parties hereto, shall be placed in the office 
 of the secretary of said consolidated company, and said books, rec- 
 ords, vouchers and papers, shall be deemed and taken, so far as 
 necessary, as the records, vouchers, papers, and books of said con- 
 solidated company ; and said books, records, vouchers and papers, 
 shall be subject to the proper examination and inspection of all 
 persons interested therein, who shall have the same access thereto 
 as if the same had remained in the offices of the original companies. 
 
 ART. 11. It is agreed that these articles of consolidation shall 
 be submitted to the stockholders of each of the said companies, par- 
 ties hereto, at a meeting thereof called seperaiely for the purpose 
 of taking the same into consideration. Due notice of the time and 
 place of such meeting, and of the object thereof, shall be given. 
 The time of such meeting shall be the ninth day of December next, 
 and all the proceedings for the consideration and ratification of 
 these articles, shall be as prescribed by law. 
 
 ART. 12. All elections for directors of said consolidated com- 
 pany, after the first election of directors hereinbefore provided for, 
 shall take place at such time and place, and in such manner as may 
 be prescribed "by the by-laws of the board of directors of the con- 
 solidated company. The number of directors to be elected after the 
 first election hereinbefore provided for, shall consist of not more 
 than eleven, nor less than five, to be determined by the stockhold- 
 ers, and to be chosen with such qualifications respecting residence, 
 as may be determined by the stockholders. 
 
 ART. 13. It is agreed, as an express .condition of the consolida- 
 tion, that the iron rails and spikes, estimated to be sufficient for 
 eight miles of road, now lying and being on the wharf at Peoria and 
 in the town of Washington, shall so soon as the said consolidation 
 takes effect, be transferred and placed upon the line of the consoli- 
 dated road between Manchester and Whitehall, without prejudice, 
 however, to the just lien thereon of C. D. Hubbard & Co., under 
 and by virtue of the arrangement by them made with Geo. Straut, 
 acting for the fFonica and Petersburg Railroad Company, on the 
 26th day of September, 1862, as recorded in the journal of the 
 board of directors of the said Tonica and Petersburg Railroad Com- 
 pany.
 
 36 
 
 IN WITNESS WHEREOF, the corporate seals of the respective 
 companies, parties to this agreement, have been affixed 
 hereto, on the day and year first above written, by the 
 order and in the presence of the directors of said respect- 
 ive companies, respectively duly convened, a quorum of 
 each of said boards of directors being so present and as- 
 enting thereto, and is attested by their respective signa- 
 tures hereto, on behalf and by order of the said boards of 
 directors, and the presidents of each of the said compa- 
 nies have also, at the same time, and in behalf of the said 
 respective companies, hereto affixed their names in virtue 
 of resolutions of the said boards of directors, passed at 
 respective meetings thereof. 
 
 WILLIAM SHEPHARD, 
 
 Preset. Jacltsonvile, Alton and St. Louis R. R. Company. 
 
 [L. s.] A. MCDONALD, JOSEPH G. SCOTT, 
 
 ROB'T. McCRACKEN, Sen., GEORGE WRIGHT, 
 L. E. WORCESTER, M. P. AYERS, 
 
 Directors of the Jacksonville, Alton and St. Louis R. R. Co. 
 
 Attest : CHARLES D. HODGES, Sec. J. A. $ St. L. R. R.Co. 
 
 W. G. GREEN, 
 
 President of T. $ P. R. R. Company. 
 [L. s.] S. DUXLAP, JOSIAH SAWYER, 
 
 WILLIAM T. BEEKMAN, GEORGE STRAUT, 
 JOHN J. PERRY, NATHANIEL W. GREEN, j 
 
 Directors of Tonica and Petersburg Railroad Company. 
 Attest : JAMES BERDAN, Sec. of T. P. R. R. Co. 
 
 STATE OP ILLINOIS, \ ^o 
 MORGAN COUNTY, J 
 
 I, CHARLES D. HODGES, Secretary of 
 the Jacksonville, Alton and St. Louis Railroad Company, 
 do hereby certify that in pursuance of notices published 
 for four successive weeks in the Jacksonville Sentinel, a public 
 newspaper published in Jacksonville in Morgan county, and in the 
 Carrolton Gazette, a public newspaper published in Carrolton in 
 Green county, and also in the Democratic Union, a public newspa- 
 per published in Jerseyville in Jersey county, and in the Jackson- 
 ville Journal, a public newspaper published in Jacksonville in Mor- 
 gan county, the stockholders of said company met at said company '3 
 office, in the town of Jacksonville, on Tuesday, the 9th day of De 
 comber, 1862, to take into consideration the foregoing agreement, 
 and they then and there preceeded to vote for the adoption or 
 rejection of said agreement. That at said meeting three thousand, 
 ono hundred and seventeen (3,117) votes were cast, each voterepre-
 
 3T 
 
 scnting one share of stock ; that three thousand, one hundred and 
 seventeen of said votes were cast in favor of the adoption of said 
 agreement, and none against the same, and that the entire number 
 of shares of stock of said company is about four thousand, eight 
 hundred and forty-four (4,844,) and that therefore the stock so voted 
 as aforesaid is more than a majority of the entire capital stock of 
 said company. 
 
 IN WITNESS WHEREOF, I have hereunto set my hand and 
 [L. S.] affixed the corporate seal of said company, this ninth day 
 of December, A. D. 1862. 
 
 CHARLES D. HODGES, Secretary. 
 
 STATE OF ILLINOIS, 1 
 MORGAN COUNTY, f 
 
 . I, JAMES BERDAN, Secretary of the 
 
 Tonica and Petersburg Railroad Company, do hereby 
 certify that in pursuance to notices published for thirty 
 previous days in the Jacksonville Journal, and also in the Jackson- 
 ville Sentinel, public newspapers published in Jacksonville, in Mor- 
 gan county, and also in the Menard County Axis, and in the Men- 
 ard Index, public newspapers published in Petersburg in Menard 
 county, and in the Illinois State Journal, a public newspaper pub- 
 lished in the city of Springfield in Sangamon county, and also in 
 the Chicago Tribune, a public newspaper published in the city of 
 Chicago m Cook county, the stockholders of said company met at 
 the company's office in Jacksonville, on the ninth day of December, 
 1862, to take into consideration the foregoing agreement, and 
 then and there proceeded to vote by ballot for the adoption or rejec- 
 tion of said agreement ; that at said meeting five thousand and 
 twenty-six and a half votes (5,026|) votes were cast, each vote 
 representing one share of stock ; that all of said votes were cast in 
 favor of the adoption of said agreement, and that the entire num- 
 ber of shares of stock in said company is about six thousand, three 
 hundred and seventy-eight (6,378,) and that therefore the stock so 
 voted as aforesaid is more than a majority of the entire capitalstock 
 of said company. 
 
 IN WITNESS WHEREOF, I have hereunto set my hand and 
 L. S.] affixed the corporate seal of said company, this ninth day 
 of December, 1862. 
 
 JAMES BERDAN, Secretary.
 
 38 
 
 UXITKD STATES OF AMERICA, j gg 
 STATE OF ILLINOIS. ) 
 
 , ^ s I, 0. M. HATCH, Secretary of State of 
 
 ( internal ) fa g tate o f Illinois hereby certify that I have this day received and 
 t R s e t V a e Z e ) filed in my office the articles of consolidation made and entered in 
 > v--' to on the 27th day of October A. D. 1862 between the Jacksonville, 
 Alton and St. Louis railroad company and the Tonica and Petersburg railroad 
 company and duly attested by the proper officers of said roads respectively in 
 accordance with the provisions of the act of the General Assembly of the State 
 of Illinois approved February 28th 1854. In testimony whereof I bere- 
 ft., s.] unto set my hand and affix the seal of state at my office in the city ot 
 Springfield'on this 30th day of December, A. D. 1862. 
 
 0. M. HATCH, Secretary of State.
 
 89 
 
 .AJST 
 
 IN AID OF THE ST. LOUIS, JACKSONVILLE AND CHICAGO 
 RAILROAD COMPANY. 
 
 SECTION 1. Be it enacted by the people, of the State of Illinois, 
 represented in the General Assembly, That whereas the Jacksonville, 
 Alton and St. Louis railroad company and the Tonica and Peters- 
 burg railroad company have, by articles of consolidation, and a 
 large majority vote of the stockholders of each of said companies, 
 consolidated and united their property and stock under the name 
 and style of the "St. Louis Jacksonville and Chicago railroad com- 
 pany," under and by virtue of the general law of this state authoriz- 
 ing the consolidation of railroad companies &c,, approved February 
 28th, A. D. 1854, which said articles of consolidation, and all the 
 proceedings with respect to the adoption and ratification of the 
 same by the directors and stockholders of the respective constitu- 
 ent companies aforesaid, and to the election of the first board of 
 directors of the said consolidated company are hereby declared le- 
 gal and valid: now therefore the said consolidated company,under the 
 name of the St. Louis Jacksonville & Chicago railroad company shall 
 enjoy possqss and exercise all the privileges, immunities and fran- 
 chises which were possessed, enjoyed or granted by or to either and 
 both of the constituent companies aforesaid, and all notes, bonds, 
 contracts, agreements and promises of every kind made with either 
 of the aforesaid late railroad companies, or their duly authorized 
 agents, shall inure to the benefit of the said consolidated railroad 
 company : Provided, that all subscribers who have subscribed to 
 the capital stock of either of the aforesaid late railroad companies 
 shall be deemed stockholders in the said new consolidated railroad 
 company to the extent, and in proportion to the amount so subscrib- 
 ed, and shall be entitled to all the rights and subject to all the lia- 
 bilities thereof as provided in the articles of consolidation afore- 
 said. 
 
 2. That full authority is hereby given to the corporate autho- 
 rities of the several counties, townships, cities, villages or other 
 municipal corporations owning or holding stock in either of the said 
 late Jacksonville, Alton and St. Louis, and Tonica and Petersburg
 
 40 
 
 railroad companies, and to all persons holding the same in any fi- 
 diciary capacity or otherwise to transfer, assign or surrender tho 
 Bame and to accept and receive from the said consolidated company 
 such portion of the new stock as may be apportioned to the stock 
 BO owned and held. 
 
 3. The said new consolidated company shall have power to 
 extend and construct to and unite its railroad with any other rail- 
 road now constructed or which may hereafter be constructed in this 
 state, and shall also have power to build, construct, and maintain 
 its said railroad from Jacksonville north to the city of Chicago, via 
 Ottawa or otherwise, with a branch road to any point on the Illi- 
 nois river south of the city of Peru, and for the purposes aforesaid 
 shall possess and exercise all the privileges, immunities and fran- 
 chises, and shall enjoy over and along the line or lines of railroad 
 BO to be built and extended as aforesaid, the same privileges, immu- 
 nities, franchises and rights which were granted to the said late 
 Jacksonville, Alton and St. Louis, and Tonica and Petersburg rail- 
 road companies by their respective charters and the several amend- 
 ments thereto. 
 
 4. The board of directors of the said consolidated railroad- 
 company shall have power and authority to provide in their by- 
 laws, if in their discretion they shall think proper to do so, for the 
 construction of said railroad by divisions, but all subscriptions 
 heretofore made to either of the said late railroad companies may be 
 appropriated and expended in such manner and at such places on 
 the line or lines of road as the board of directors of the said con- 
 solidated railroad company may determine, and all real, mixed or 
 personal property, bonds, notes, contracts or choses in action, own- 
 ed or possessed by either of the aforesaid late railroad companies, to- 
 wit : the Jacksonville, Alton and St. Louis, and Tonica and Peters- 
 burg railroad companies shall according to the articles of said con- 
 solidation be vested in the new consolidated company, with full 
 power to its board of directors and duly authorized agents, to sell, 
 lease, transfer, or convey by mortgage or deed of trust, or other- 
 wise, as may be deemed for the interest of said company, any part 
 or all of said railroad property, and all such sales transfers, con- 
 veyances, mortgages, or deeds of trust, shall be binding and valid 
 and of full eifect in law and equity, and the directors may in their 
 discretion incorporate a condition in the mortgage bonds which 
 they are authorized to issue by which the holder or holders of such 
 bonds shall have the right to vote at all elections of directors for said 
 company upon such conditions as may be deemed expedient by said 
 directors. 
 
 5. The said new consolidated company may increase its capi- 
 tal stock to any amount necessary to complete and equip said ro;td, 
 not exceeding the amount necessary therefor, and books of sub- 
 scription for said stock shall be opened at the treasurers office in tho 
 town of Jacksonville, or elsewhere as may be directed by the board
 
 41 
 
 of directors, which new subscription shall be under the same rules, 
 restrictions and penalties as provided for in the charters and amend- 
 ments of the aforesaid late railroad companies. 
 
 6. The certificate of the secretary of the said new consolidat- 
 ed company, under the corporate seal thereof shall be received in all 
 courts of justice and elsewhere, as evidence of the regular organi- 
 zation of said consolidated company, under its consolidated char- 
 ter, and of any act or order of the board of directors of said com- 
 pany, and all the acts and doings of the said constituent companies 
 and of the said consolidated company in the consolidation and or- 
 ganization of the St. Louis Jacksonville and Chicago railroad com- 
 pany are hereby declared to be good and valid, and all the rights 
 privileges, and immunities and franchises of each of the said late 
 Jacksonville Alton and St. Louis, and Tonica and Petersburg rail- 
 road companies, as possessed enjoyed or granted by or to them, are 
 hereby declared to be lawfully vested in and owned by the said 
 new consolidated company under the name of the St. Louis Jack- 
 sonville and Chicago railroad company. 
 
 7. That in case the said new consolidated company shall 
 hereafter make and execute any deedor deeds of trust, mortgage or 
 mortgages or other conveyances of all or any part of their said rail- 
 road and the same should thereafter be foreclosed and sold by any 
 proceedings in law or equity or in pursuance of a power or pow- 
 ers in such mortgage or mortgages, deedor deeds of trust contain- 
 ed, or by the joint exercise of the said authorities, the purchaser 
 or purchasers of the same or their survivors or survivor, or they 
 or he and his associates, or their or his assigns, may form a corpo- 
 ration by filing in the office of the secretary of State under their 
 or his signatures, a certificate specifying the name of such corpo- 
 ration, the number of directors, the names of the first directors 
 and the period of their services, not exceeding two years, the 
 amount of original capital, and the number of shares into which 
 such capital is to be divided, and thereupon the person or persons 
 who shall have signed such certificate shall be a body politic and 
 corporate, by the name stated in such certificate and a copy of such 
 certificate attested by the signature of the secretary of state or 
 his deputy, shall, in all courts and places, be evidence of the due 
 formation and existence of the said corporation and of the facts 
 in the said certificate stated, and the corporation in pursuance 
 thereof shall have and enjoy all the rights, privileges, immunities 
 and franchises granted to or belonging to said new consolidated St. 
 Louis, Jacksonville and Chicago railroad company. 
 
 8. That the St. Louis Jacksonville and Chicago railroad com- 
 pany may at any time hereafter in its discretion, build such part 
 or portion of the railroad which it is now authorized to construct, 
 and those parts or portions only, which its directors shall think 
 most expedient for the interests of said company, and shall have 
 power to extend its main line, and to build a branch or branches
 
 4-2 
 
 from such main line, to any other railroad or railroads with 
 which it may be able to make a connection so as with such 
 other railroad or railroads to form a continuous line, and in respect 
 to such extension and branches shall have all the powers rights 
 and privileges it now has in regard to its main line or any part 
 thereof. S. A. BUCKMASTER, 
 
 Speaker of the House of Representatives, 
 FRANCIS A. HOFFMAN, 
 
 Speaker of the Senate. 
 
 APPROVED, February 13th, 1863. 
 
 RICHARD YATKS, Governor. 
 
 UNITED STATES OK AMERICA, 1 <, 
 STATE OK. ILLINOIS. j " L " ' 
 
 1,0. M. HATCH, Secretary of State, of the State of 
 Illinois, do hereby certify that the foregoing is a true copy of an en- 
 [u s.] rolled law now on file in my office. In witness whereof I have here- 
 unto set my hand, and affixed the great seal of state, at the city 
 of Springfield, this sixteenth day of February A. D. 1863. 
 
 0. M. HATCH, Secretary of State.
 
 SUPPL EMENT. 
 
 ACTS OMITTED IN THE FOREGOING COMPILATION. 
 
 AN ACT surrendering title and interest of State in the track of a certain railroad 
 to certain persons, for railroad purposes, therein named. 
 
 SECTION 1. Be it enacted by the People of the .State of Illinois, 
 represented in the G-eneral Assembly, That the state of Illinois 
 hereby surrenders to William Shepherd, Castle R. Harrison and 
 George B. Stocker, for the use of the Jacksonville, Alton and St. 
 Louis Railroad Company, to be used for the purpose of said rail- 
 road, and for no other purpose, all the right, title or interest she 
 has in the track, grade, right of way, or other privileges or appur- 
 tenances of, in or belonging to so much of the Alton and Spring- 
 field Railroad as lies between the St. Louis, Alton and Chicago 
 Railroad, in township five north, range ten west of the third prin- 
 cipal meridian, extending through the town of Upper Alton, to 
 the eastern limits of the city of Alton, in Madison county ; and 
 the said William Shepherd, Castle R. Harrison and George R. 
 Stocker, for the use aforesaid, and for the purposes aforesaid, are 
 hereby authorized to take, use and enjoy all such rights, interests, 
 claim or demand of this state in the work or material of that part 
 of the road above described, as is now belonging or appertaining 
 to the state. 
 
 2. This act shall be in force from and after its passage. 
 
 APPROVED February 21, 1859. 
 
 AN ACT to amend an act entitled "An act to incorporate the Petersburg ami 
 Tonica Railroad Company." 
 
 SECTION 1. Be it enacted by the People of the State of Illinois, 
 represented in the G-eneral Assembly, That said company is hereby 
 authorized to receive subscriptions to its capital stock, payable in 
 cither real or personal property ; and such subscriptions, hereto- 
 fore made, are hereby declared legal and binding ; and, on a fail-
 
 ure, neglect or refusal of any such subscriber, his heirs, executors 
 and administrators, to make such payment or comply with the 
 conditions thereof, the said company may proceed, by suit, in any 
 court having competent jurisdiction thereof, and recover the amount 
 in value so subscribed. 
 
 2. And the said company is hereby authorized and empow- 
 ered to receive subscriptions to its capital stock, payable in money, 
 work, labor, materials, equipments or any other kind of property, 
 real or personal, at any time thereafter, either when the entire 
 road is in operation or any part of it, or at any time thereafter, and 
 may receive notes or-bonds for the same, and such security, either 
 real or personal, and with or without interest, as may be agreed 
 upon. The notes, bonds, with all securities, may be assigned or 
 transferred by said company ; and such assignment or transfer 
 shall vest in the assignee or assignees the legal title thereto. 
 
 3. This act shall take effect and be in force from and. after 
 its passage. 
 
 APPROVED February 22, 1861.
 
 II: