CHARTER to RAIL-ROAD COMPANY, CONSOLIDATED FROM TOE ILLINOIS AND WISCONSIN K. E. COMPANY, BOCK KIYEK YALLEY UNION K. E. COMPANY, UNDER THE LAWS OF THE STATES OF ILLINOIS AND WISCONSIN. CHICAGO HISTORICAL SOCIETY JOHN W. AMERMAN, PR No. 60 WlLLlAM-STREET. 1855. CHARTER, &c. INTEKNAL IMPBOVEMEOT LAW. SECTION 1. In all cases were a public road, canal or other Land public work shall have been heretofore authorized, or which road, canai, shall hereafter be authorized by law to be laid out or con- appraised by -i.-i. .-, ,, ,. oiTT-T coramission- structed in this state, either by the authority ot the United ers. States or this state, and the same is required to pass over the land belonging to any company, corporation or individual, and the owner or owners shall object thereto, and cannot agree with the commissioner, superintendent or other person or persons authorized to lay or construct the same, on the amount of damages which such owner or owners may claim, it shall be lawful for such commissioner, superintendent or other authorized person or persons to apply to some justice of the peace of the county where the same may occur, who shall cause three householders to appear before him ; and the householders so summoned, after being sworn, faithfully and impartially to examine the ground which shall be pointed out to them by the commissioner, superintendent or other authorized person or persons, shall assess the damages which they shall believe such owner or owners shall sustain, over and above the additional value which such land will derive from the construction of such road, canal or other public work, and make two written reports, signed by at least aTheirn.iv.rt. majority of them, one of which they shall deliver to the commissioner, superintendent or other persons requesting the view, and the other to the justice of the peace; after which, it shall be lawful for the road, canal or other public work to pass over the land of such company, corporation, individual m ~ 4 LAWS OF ILLINOIS. or persons, doing as little damage as the nature of the case Damages will permit : Provided, That the amount of the damages so before land assessed, and the costs of the view be first paid, either to the claimant or claimants, or to the justice of the peace to whom the application and return shall have been made. Damages, SEC. 2. If the damages assessed are authorized by law to paid out of the treasury, it shall be the duty of the com- missioner, superintendent or other authorized person or persons having charge of such work, to transmit to the auditor of public accounts a copy of the assessment made by the householders, together with a statement of the costs of the view ; and it shall be the duty of the auditor to issue his warrant upon the treasury for the payment of the amount, when out And if the damages are authorized to be paid out of the treasury 3 . 1111 * county treasury, the person or persons having charge of such work shall transmit to the county commissioners' court a copy of the assessment made by the householders, with a statement of the costs of the view, and if approved by the court, they shall order the same to be paid out of the county treasury : Provided, however, In all cases arising under the provisions of this chapter, the costs of the view of the house- holders shall be paid by the applicant requesting the same : Provided, also, That nothing in this chapter, or in the several chapters relating to state roads, shall be so construed as to authorize the payment of any such damages out of the state treasury ; and in no case shall any money be paid out of the state treasury for any damages as aforesaid, without a special provision of law for such purpose. SEC. 3. Whenever it shall be deemed necessary, for the Materials, ' when want- construction of any road, canal or other public work, to ed for public valued ^procure from the land of any company, corporation or indi- laken aud visual, timber, stone or sand, and such company, corporation or individual shall object thereto, and in case the person authorized to construct such work shall not agree with the owner of the land on the price, it shall be lawful for such person authorized to construct such work to apply to a justice of the peace of the county, who shall cause three house- holders of the neighborhood to be summoned and sworn, as provided in the first section of this chapter ; and it shall be LAWS OF ILLINOIS. 5 the duty of the three householders to go on the ground and assess the damages which they shall believe the owner will sustain, and make two written reports thereof, signed by at least a majority of them, stating the quantity and description of the articles and value thereof, and give one copy thereof to the applicant for the view, and the other they shall return to the justice of the peace ; after which assessment and report, and payment of the amount to the claimant or justice, with the costs of view, it shall be lawful to take the materials so required from the land of the owner, doing as little damage as possible to the owner of the land. SEC. 4. In all cases arising under the provisions of this Appeals may chapter, if the householders shall report it to be their opinion from V<> that no damages would be sustained by the owner of the land for the passage of any such road, canal or other public work, over and above the advantages which such land would derive from its construction, nothing more shall be paid than the costs of the view; and in all cases arising under this chapter, either party may appeal to the circuit court of the county, within the same time and under the same rules and regulations as are or shall be prescribed by law for taking appeals from the judgments of justices of the peace ; and the circuit court shall proceed upon such appeal as in other cases of appeals from the judgment of justices of the peace, and render such judgment therein as shall be consistent with law and justice. SEC. 5. Any person who shall remove or pull down any Pulling part of any fence, barricade or wooden structure, placed &?,%i e a n c C e e d across any public road or other public work for the purpose road. pr of preventing travel thereon, whilst the same shall be con- structing or undergoing repairs under the authority of this state or of the United States, and thereby the grading, embanking, paving or other work shall be injured or sub- jected thereto, shall pay to the undertaker of the work five dollars for each offence, recoverable, with costs, before any penalty, justice of the peace of the county : Provided, however, That no such penalty shall be recoverable unless it shall be made to appear that the undertaker of the work shall have caused a written or printed notice to all persons, to be affixed in a O LAWS OF ILLINOIS. conspicuous place at such fence, barricade or wooden struc- ture, forbidding the same to be removed or pulled down, or travel on the grading, paving, embankment or other work : Proviso as Provided, also. That if the said works be on anv road where to Ihe United . ' . siates' man. the L intecl States mail shall at the time be carried, the afore- said penalty shall not be recoverable against the carrier, should he deem it necessary to expedite him in the passage of the mail. Appeals SEC. 6. In all cases where a iury of freeholders or other allowed trom . . ' t -, , . assessments citizens are or may be appointed, under the authority of any of damages J . by opening town or city in this state, to inquire into and take into con- lanes, alleys, J * streets, &c., sideratioii the benefits as well as the injury which may a< from de- t .,' cisions of accrue, and estimate and assess the damages which would justices of the ' peace. be sustained, by reason of the opening, extending or widening of any street, lane, alley or road, the owner or owners of any real estate proposed to be taken for the purpose aforesaid, or any person aggrieved by the apportionment and assessment for the purpose of mating payment to the person or persons whose property shall be taken for said purpose, may appeal to the circuit court of the county within the same time and under the same regulations and rules as are or shall be pro- vided by law for taking appeals from the judgment of justices of the peace ; and the circuit court shall proceed upon such appeal as in other cases of appeals -from the judg- ment of justices of the peace, and render such judgment therein as shall be consistent with law and justice. Approved March 3, 1845. AN ACT TO PROVIDE FOR A GENERAL SYSTEM OF RAIL-ROAD INCOR- PORATIONS. SEC. 1. Be it enacted ly the people of the State of Illinois, Corpora- represented in the General Assembly, That any number of formed. w persons, not less than twenty -five, being subscribers to the LAWS OF ILLINOIS. 7 stock of any contemplated rail-road, may be formed into a corporation for the purpose of constructing, owning and maintaining such rail-road by complying with the following requirements : "When stock to the amount of at least one thousand dollars for every mile of said road, so intended to be built, shall be in good faith subscribed, and ten per cent. paid thereon as herein required, then the said subscribers Directors. may elect directors for the said company ; thereupon they shall severally subscribe articles of association, in which Articles of association. shall be set forth the name of the corporation ; the number of years the same is to continue, which shall not exceed lifty years ; the amount of the capital stock of the company, which shall be the actual cost of constructing the road, together with the cost for the right of way, motive power, and every other appurtenance for the completion and running of said road, as nearly as can be estimated by competent engineers ; the number of shares of which said stock shall consist ; the number of directors, and their names, to manage the concerns of the company, who shall not be one- half in the number of the stockholders, and shall hold their offices until others are elected ; the place from and to which the proposed road is to be constructed, and each county into or through which it is intended to pass, and its length, as near as may be, and the names of five commissioners to open books of subscription to the stock. Each subscriber to such article of association shall subscribe thereto his name, place of residence, and the number of shares of stock taken by him in such company. The said articles of association may, on complying with the next section, be filed in the office of secretary of state, and thereupon the persons who have sub- scribed, and all persons who shall from time to time become stockholders in such company, shall be a body corporate, by the name specified in such articles. SEC. 2. Such articles of association shall not be filed in the Articles to office of the secretary of state until ten per cent, on the amount of the stock subscribed thereto shall have been actually and in good faith paid, in cash, to the directors named in such articles, nor until there is endorsed thereon, or annexed thereto, an affidavit, made by at least three of LAWS OF ILLINOIS. the directors named in such articles, that the amount of stock required by the first section has been subscribed, and that ten per cent, on the amount has actually been paid in. Articles to SEC. 3. A copy of any articles of association filed in pur- be evidence. _ , . ._ suance ot this act, with a copy of the affidavit aforesaid endorsed thereon, or annexed thereto, and certified to be a copy by the secretary of this state, or his deputy, shall, in all courts and places, be presumptive evidence of the incor- poration of such company, and the facts therein stated, certificate, SEC. 4. When the certificate shall have been filed as afore- said, the persons who shall have signed and acknowledged the same, and their successors, shall be a body politic and corporate, by the name stated in such certificate, and shall be capable of suing and being sued, and may have a com- mon seal, and may make and alter the same at pleasure, and be capable in law of purchasing, holding and conveying any real estate and personal property whatever, necessary for the construction of such road, and for the erection of all neces- sary buildings, yards and appurtenances for the use of the same. Books to SEC. 5. The commissioners for opening books of subscrip- tion, named in the act of incorporation, shall, from time to time, after the company shall be incorporated, open books of subscription tb the capital stock of the company, in such places, and after giving such notice as a majority of them shall direct ; which books of subscription shall be kept open until all the capital shall be subscribed, if the corporation shall so long exist ; and in case a greater amount of stock shall be subscribed than the whole capital of said company, the commissioners shall distribute such capital stock as equally as possible among the subscribers ; but no share thereof shall be divided in making such distribution ; nor shall a greater number of shares be allotted to any subscriber than such subscriber shall have subscribed for. Directors to SEC. 6. As soon as practicable after such capital stock be chosen. gna ]| h ave been subscribed and distributed as aforesaid, the commissioners to receive subscriptions thereto shall appoint a time and place for the meeting of the stockholders to choose directors ; such meeting to be held in one of the counties in LAWS OF ILLINOIS. 9 or through which such rail-road is proposed to be constructed, and notice thereof shall be given by said commissioners, by public notice, to be published, not less than twenty days pre- vious thereto, in the state paper, and a newspaper published in each county through which the said road shall be in- tended to run, in which a newspaper shall be published. Thirteen directors shall be chosen at such meeting, by ballot, Quannca- , , , , tion of voters. and by a majority of the votes of the stockholders, being present in person or by proxy, and every such stockholder, being so present at such election, -or at any subsequent elec- tion of directors, shall be entitled to give one vote for every share of stock which he shall have owned for the thirty days next preceding such election ; but no stockholder shall vote at any such election upon any stock, except such as he shall have owned for such thirty days. ]N"o person shall be a di- rector unless he shall be a stockholder, owning stock abso- lutely and in his own right, and qualified to vote for direc- tors at the election at which he shall be chosen ; and at least seven of the directors shall, at the time of their election, be residents of the counties in or through which the route of such rail-road shall run. The directors shall be directors for one year, and until others are elected in their places. SEC. 7. The commissioners named in the last preceding section shall be inspectors of the first election of directors, er8 - shall openly count the votes and declare the result, and shall, within ten days thereafter, file a certificate thereof, sub- scribed by them, or a majority of them, in the office of the secretary of state, and in the office of the clerk of each county, or with the clerk of the county commissioners' court (as the case may be) of each county in or through which such rail- road shall be proposed to be constructed, and shall also de- liver to the treasurer of such company all moneys [received] by such commissioners on subscriptions to such capital stock, and all books and papers in their possession relative to such subscriptions. All subsequent elections shall be held at such time and place in one of these counties through which such rail-road shall pass, as sUall be directed by the by-laws of the company. 10 LAWS OF ILLINOIS. Meeting of SEC. 8. A general meeting of the stockholders of any cor- stockholders. i poration formed under this act shall be holden annually, at the time and place appointed for the election of directors, and a meeting may be called at any time during the interval between such annual meetings, by the directors or by the stockholders owning not less than one-fourth of the stock, by giving thirty days' public notice of the.time and place of the meeting, in the state paper, and a newspaper published in each county through which the said road shall be run or be intended to run, in which a newspaper shall be published ; and when any such meeting is called by the stockholders, Meetings the particular object of such call shall be stated ; and if at any such meeting thus called, a majority in value of the stock- holders are not represented in person or by proxy, sucli meeting shall be adjourned from day to day, not exceeding three days, without transacting any business, and if, within said three days, stockholders having a majority of the stock do not attend such meeting, then the said meeting shall be dissolved. Duty of SEC. 9. At the regular annual meeting of the stockholders and direct- of any corporation, it shall be the duty of the president and directors in office for the preceding year, to exhibit a clear and distinct statement of the affairs of the said company; and at any meeting of the stockholders a majority of those pre- sent in person or by proxy may require similar statements from the directors, whose duty it shall be to furnish them when thus required ; and at all general meetings of the stock- holders a majority in value of the stockholders in said com- pany may fix the rate of interest which shall be paid by the company for loans for the construction of said road and its appendages, may remove any president or any director of Proviso, said company and elect others in their stead : Provided, No- tice of such intended removal has been given, as required by the last preceding section. Failure. SEC. 10. In case it shall happen at any time that an elec- tion of directors shall not be made on the day designated by the by-laws of the company, when it ought to have been made, the company, for that reason, shall not be dissolved, if within ninety days thereafter they shall hold an election for LAWS OF ILLINOIS. 11 directors, in such manner as shall be provided by the by-laws of the company. There shall be a president of the company, President who shall be chosen by and from the directors, and also such subordinate officers as the company, by its by-laws, may de- signate, who may be elected or appointed, and required to give such security for the faithful performance of the duties of their office as the company, by its by-laws, may require. SEC. 11. It shall be lawful for the directors to call in and Forfeiture. demand from the stockholders respectively, all sums of money by them subscribed, at such time and in such payments or instalments as the directors shall deem proper, under the penalty of forfeiting the shares of stock subscribed for, and all previous payments made thereon, if payments shall not be made by the stockholders within sixty days after personal demand, or notice requiring such payment shall have been made in each county through which said road shall be laid out, in which a iiOTrspaper shall be published. SEC. 12. The directors of such company shall have power By-Laws. to make by-laws for the management and disposition of stock, property and business affairs of such company, not incon- sistent with the laws of this state, and prescribing the duties of officers, artificers and servants that may be employed, for the appointment of all officers for carrying on all the business within the object and purposes of such company. SEC. 13. The stock of such company shall be deemed per- stock sonal estate, and shall be transferable in the manner pre- estate. * scribed by the by-laws of the company ; but no shares shall be transferable till all previous calls thereon shall have been fully paid in, or the said shares shall have been forfeited for the non-payment of calls thereon ; and it shall not be lawful for such company to use any of their funds in the purchase of any stock in their own or in any other corporation. SEC. 14. All the stockholders of any such company that stockholder* T , -i . i n i responsible* shall be hereafter incorporated under tins act, shall be sever- ally individually liable to the creditors of such company, to- an amount, equal to the amount of stock held by them: re- spectively, for all debts and contracts made by such company, . until the whole amount of capital stock fixed and limited by the company in manner aforesaid shall have been paid-in*. 12 LAWS OF ILLINOIS. and a certificate thereof shall have been made and recorded, as prescribed in the following section ; and shall be jointly and severally liable for all debts that may be due and owing to all their laborers, servants and apprentices, for services performed for such corporation^ but not be liable to an action therefor before an execution shall be returned satisfied in whole or in part against the corporation, and then the amount due on said execution shall be the amount recoverable, with costs against said stockholders. certificate SEC. 15. The president and a majority of the directors, e ' within thirty days after the payment of the last instalment of the capital stock, so fixed and limited by the company, shall make a certificate, stating the amount of the capital stock so fixed and paid in; which certificate shall be signed by the president and a majority of the directors, and sworn to by the president and secretary, and they shall, within the said thirty days, file and record the same in the office of the secretary of state. Liability of SEC. 16. If the directors of any such company shall declare director?. J i and pay any dividend when the company is insolvent, or any dividend the payment of which would render it insolvent, they shall be jointly and severally liable for all the debts of the company then existing, and for all that shall thereafter be contracted, so long as they shall respectively remain in office : Provided, That if any of the directors shall be absent at the time of making the dividend, or shall object thereto, and shall, within thirty days thereafter, or after his return, if absent, file a certificate or their absence or objection with the clerk of the company, and with the clerk of the county, or with the clerk of the county commissioners' court of the county in which the principal office of said company is lo- cated, they shall be exempt from the said liability, officers SEC. 17. If any certificate or report made or public notice given by the officers of any such company, in pursuance of the provisions of this act, shall be false in any material repre- sentation, all the officers who shall have signed the same shall be jointly and severally liable for all the debts of the company contracted while they are stockholders or officers thereof. LAWS OF ILLINOIS. 13 SEC. 18. No person holding stock in any such company, as Persons executor, administrator, guardian or trustee, and no person holding such stock as collateral security, shall be personally subject to any liability as stockholders of such company ; but the person pledging the stock shall be considered as holding the same, and shall be liable as a stockholder accord- ingly, and the estates and funds in the hands of such execu- tor, administrator, guardian or trustee, shall be liable in like manner and to the same extent as the testator or intestate, or the ward or persons interested in such trust fund would have been if he had been living and competent to act, and held the same stock in his own name. SEC. 19. Every such administrator, executor, guardian or stock re- trustee shall represent the shares of stock in his hands at all meetings of the company, and may vote accordingly as a stockholder. SEC. 20. Every such company, before proceeding to con- ^P and struct a part of their road through any county named in their certificate of association, shall make a map and profile of the route intended to be adopted by such company; which shall be certified by a majority of the directors and filed in the office of the county clerk of such county, or with the clerk of the county commissioners' court of such county, for the inspection and examination of all parties interested therein. SEC. 21. Every such corporation shall possess the general General and powers and be subject to the general liabilities and restric-ers. tions expressed in the general special powers following, that is to say : 1. To cause such examination and surveys for the proposed rail-road to be made as may be necessary to the selection of the most advantageous route for the rail-road, and for such purpose, by their officers, agents and servants, to enter upon lands or waters of any person, but subject to responsibility for all damages which they shall do thereto. 2. To receive, hold and take such voluntary grants and donations of real estate and other property as shall be made to it, to aid in the construction, maintenance and accommoda- tion of such rail-road ; but the real estate thus received by 14: LAWS OF ILLINOIS. voluntary grants shall be held and used for the purposes of such grants only. 3. To purchase, and by voluntary grants and donations receive and take, and by its officers, engineers and surveyors and agents enter upon and take possession of, and hold and use all such lands and real estate and other property as may be necessary for the construction and maintenance of its rail- road and stations, depots and other accommodations necessary to accomplish the object for which the corporation is created ; but not until the compensation to be made therefor, as agreed upon by the parties, or ascertained as hereinafter prescribed, be paid to the owner or owners thereof, or deposited as here- inafter directed, unless the consent of such o'wner be given to enter into possession. 4. To lay out its road, not exceeding six rods wide, and to construct the same, and for the purposes of cuttings, embank- ments, and procuring stone and gravel, may take as much more land within the limits of its charter, in the manner provided hereinafter, as may be necessary for the proper construction and security of the road. 5. To construct their road upon or across any stream of water, water-course, road, highway, rail-road or canal, which the route of its road shall intersect ; but the corporation shall restore the stream or water-course, road or highway thus intersected to its former state, or in a sufficient manner not to have impaired its usefulness. 6. To cross, intersect, join and unite its rail-road with any other rail-road before constructed, at any point on its route, and upon the grounds of such other rail-road company, with the necessary turn-outs, sidings, and switches and other con- veniences, in furtherance of the objects of its connections ; and every company whose rail-road is or shall be hereafter intersected by any new rail-road, shall unite with the owners of such new rail-road in forming such intersections and con- nections, and grant the facilities aforesaid ; and if the two corporations cannot agree upon the amount of compensation to be made therefor, or the points or manner of such cross- ings and connections, the same shall be ascertained and de- LAWS OF ILLINOIS. 15 termined by commissioners to be appointed by the court, as is provided hereinafter in respect to the taking of lands. 7. To purchase lands or take them may change the line of its road whenever a majority of the directors shall so deter- mine, as is hereinafter provided, but no such change shall vary the original route of such road to exceed one mile lat- erally. 8. To take, transport, carry and convey persons and pro- perty on their rail-road, by the force and power of steam, of animals or any mechanical powers, or by any combinations of them, and receive tolls or compensation therefor. 9. To erect and maintain all necessary and convenient buildings, stations, depots, and fixtures and machinery for the accommodation and use of their passengers, freight and business, and obtain and hold the lands necessary therefor. 10. To regulate the time and manner in which passengers and property shall be transported, and the tolls and compen- sation to be paid therefor ; but such compensation for any passenger and his ordinary baggage shall not exceed three cents a mile, unless by special act of the legislature, and shall be subject to alteration as hereinafter provided. 11. To borrow money, to be applied to the construction of their rail-road and fixtures, and purchase of engines and cars, at such rates of interest as is hereinafter provided. SEC. 22. Any number of persons, not less than thirteen, TO petition . . , . . legislature. intending to organize a corporation under the provisions ot this act, and every company that may hereafter organize un- der this act, may present a petition to the legislature, stating the place from and to which they propose to construct their road, and its location and route, with reasonable certainty, or that they intended to run the said road on the most direct and eligible route between the points of terminus, and pray- ing the legislature to determine whether the construction of the said proposed road will be of sufficient public use to jus- tify the taking of private property for the construction of the same. And if the legislature shall determine and decide by law that such proposed road will be of sufficient public utility to justify the taking of private property for construct- ing and maintaining said road, under the provisions of this 16 LAWS OF ILLINOIS. act, then such company, when organized, may enter upon, take possession of and use all such lands, real estate, as may be required for the construction and maintenance of their rail-road, and the convenient accommodations appertaining to the same ; making compensation, in the manner herein- after provided, for all lands, real estate, thus taken possession of and used, except such as may be voluntarily given to or Application purchased at an agreed price by the said corporation. "VVhen- court curc for ever the said corporation shall not have acquired by gift or ereTTb^ap- purchase any land, real estate, so required as aforesaid, or which may be affected by any operation connected by such construction and maintenance, the said corporation may pre- sent to the circuit court of the district, where said lands or real estate shall lie, a petition, signed by its attorney or agent, describing with convenient accuracy and certainty, by map or otherwise, the lands or real estate so required to be taken or affected as aforesaid, setting forth the name and residence of each owner or other person interested therein as owner, lessee, incumbrancer, as far as known to such attorney or agent, or appearing of record, and praying the appointment of commissioners to ascertain the compensation to be made to such owners and persons interested, for the taking or injuriously affecting such land or real estate as aforesaid. The court shall have satisfactory evidence that notice of an intended application, and the time and place thereof, for the appointment of commissioners of appraise- ment between said corporation and the owners and persons interested in such lands and real estate had been given at Ten days' least ten days previously, to such owners personally, or to notice - f -j. n ^ / M some person 01 suitable age, at their residence, or on the non-res^ l premises, or by the publication thereof in a newspaper printed fn ent newspa in the county in which such lands or real estate may lie. Such publication to be allowed only in respect to owners who shall appear by affidavit to have no residence in the county, known to such agent or attorney, whereat such notice could be delivered as aforesaid. The court may adjourn the pro- ceedings from time to time ; shall direct any future notice thereof to be given that may seem proper ; shall have proofs and allegations of all parties interested, touching the regu- LAWS OF ILLINOIS. 17 larity of the proceedings; and shall, by an entry in its min- Five com- utes, appoint five competent and disinterested persons com-"" missi oners to ascertain such compensation as aforesaid, spe. cifying in such entry a time and place for the first meeting of such commissioners. The said commissioners, before en- tering upon the duties of their office, shall take the oath re- quired by the laws and constitution of this state, and any one of them may administer oaths to witnesses produced be- fore them, and may adjourn, and may hold meetings for that purpose. Whenever they shall meet to hear proofs and allegations, unless by appointment of the court or pursuant to adjournment, they shall cause reasonable previous notice of such meetings to be given to the said owners or parties interested, or their attorney or agent, and may each of them issue subpoenas and compel witnesses to appear and testify ; they shall hear the proofs and allegations of the parties, and any three or more of them, after reviewing the premises, without fear or favor or partiality, ascertain and certify the compensation proper to be made to the said owners and par- ties interested, for the lands or real estate to be taken, as well as all damages accruing to the owner of the lands and real estate aforesaid, taken in consequence of the condemna- tion of the same, or injuriously affected as aforesaid, making such deduction or allowance for real benefit or advantages which such owners or parties interested may derive from the construction of said road, and may in their discretion assess a separate reasonable sum in favor of such owner and parties interested, or of any person appointed by the court to appear as attorney for them, for costs, expenses and reason- able counsel fees. They, or a majority of them, shall make, subscribe, and with the clerk of the county, or with the clerk of the county commissioners' court, in which such lands or real estate shall lie, a certificate of their said ascertainment and assessment, in which such lands or real estate shall be described by map or otherwise, with convenient accuracy and certainty. The court, upon such certificate' anc} 'due proof that such compensation and separate sums, if iury.be certified, have been paid to the parties entitfe'd'to thesapve^ or have been deposited to the credit of such partie^ ' Jii :{he 2 18 LAWS OF ILLINOIS. state treasury, or other place for that purpose approved by the court, shall make and cause to be entered in its minutes a rule describing such lands or real estate, in manner afore- said, such ascertainment of compensation, with the mode of making it, and such payment or deposit of the same com- pensation as aforesaid ; a certificate copy of which rule shall be recorded and indexed in the proper recorder's office, in like manner and with the like effect as if it were a deed of conveyance from the said owners and parties interested to the said corporation. Upon the entry of such rule the said cor- poration shall become seised in fee of all the lands and real estate described in said rule, as required to be taken as afore- said, during the continuance of the corporation, by this or any subsequent act, and may take possession of and hold and use the same for the purposes of said road, and shall there- upon be discharged from all claim for any damages by reason of any matter specified in said petition, certificate or rule of said court. If at any time after an attempt or actual ascer- tainment of compensation under this or any other act, or any purchase by, or donation to said corporation, of any lands for the purposes aforesaid, it shall appear that the title ac- quired thereby to all or any part of such lands for the use of said road, or if said corporation should fail or be deemed de- fective, the said corporation may proceed anew to perfect such title, by procuring an ascertainment of the compensa- tion proper to be made to any person or persons whose title, claim or interest in, or lien upon such lands, and by making payment thereof in the manner hereinafter provided, as near as may be, and at any stage of such new proceedings, or of any proceedings under this act, the court may, by a rule in that behalf made, authorize the said corporation, if already in possession ; and if not in possession, to take possession of and use such premises .during the pendency and until the final conclusion of such proceedings, and may stay all actions and proceedings against such corporation on account thereof: Provided, Such corporation shall pay a sufficient sum into 'court, or give approved security to pay the compensation in ' that behalf, when ascertained ; and in every case where pos- n shall b so authorized, it shall be lawful for the owner LAWS OF ILLINOIS. 19 to conduct the proceedings to a conclusion, if the same shall be delayed by the company. The said commissioners shall commis- L . , , . . , . . sioncrs' pay, be entitled to receive from said corporation a compensation $2 per day not exceeding two dollars for each day actually employed by GO. them in the discharge of their duties. Such compensation to be taxed and allowed by the court. If any commissioner so appointed shall die, be unable or fail to serve, the court may appoint another in his place, on reasonable notice of the application, to be approved by the court. The proceedings hereby authorized may be had in the circuit court in a county where the lands lie, and all motions to the circuit court shall be made at a general or special term thereof in said county. The said commissioners shall file the said certificate in the county where the lands to be affected may lie, or in any adja- cent county, and any clerk may transfer the same and the proceedings connected therewith to the clerk of the county in which the lands to be affected may lie, or of any county ad- jacent thereto, whenever such commissioner or clerk shall be so required by said corporation, its agent or attorney. And the legislature hereby reserves [the right] to itself to indicate the routes and termini of said roads, and the same shall not Duty of court. be constructed or commenced without the expressed sanction of the legislature of this state, by a law to be passed here- after. SEC. 23. In case any infant, idiot or insane person, or any unknown owner or owners, not personally notified to appear, and who shall not appear after such notice, on the appoint- ment of commissioners, shall be interested in any such lands, real estate and property, the court shall appoint some proper person to appear before the said commissioners and act as attorney for and in behalf of such infant, idiot, insane person, unknown owner or non-appearing owner, not personally served with notice. SEC. 24. If at any time after the location of the track of Line may said road, in whole or in part, and the filing of the map thereof, it shall appear to the directors of said company that the line in some parts thereof may be improved, it shall be lawful for the said directors, from time to time, to alter the line and cause a new map to be filed in the office where the 20 LAWS OF ILLINOIS. map showing the first location is or shall be filed, and may thereupon proceed to take possession of the lands embraced in such new location that may be required for the construc- tion and maintenance of such road on such new line, and the convenient accommodations appertaining to the same, either by agreement with the owner or owners, or by such pro- ceedings, as near as may be, as are authorized under the pre- ceding section of this act, and use the same in place of the line for which the new is substituted. Nothing in this act contained shall authorize the said company to make a location of their track within any city without the consent of the common council of said city. Highways, SEC. 25. "Whenever the track of said rail-road shall cross a road or highway, such road or highway may be carried under or over the track, as may be found most expedient; and in cases where an embankment or cutting shall make a change in the line of such road or highway desirable, with a view to a more easy ascent or descent, the said company may take such additional lands for the construction of such road or highway, or such new line, as may be deemed requisite by said directors. Unless the lands so taken shall be purchased or voluntarily given for the purposes aforesaid, compensation therefor shall be ascertained in the manner in this act pro- vided, as nearly as may be, and duly made by said corpora- tion to the owners and persons interested in such lands, the same when so taken or compensation made to become part of such intersecting road or highway, in such manner and by such tenure as the adjacent parts of the same highway may be held for highway purposes. Lands may SEC. 26. If any such corporation shall, for its purpose afore- be granted. i i , , , said, require any land belonging to the people 01 this state, or to any of the counties or towns, the general assembly of the state and the county or town oflficers respectively, having charge of such lands, may grant such lands to such corpora- tions for a compensation, which shall be agreed upon between them ; and if they shall not agree upon a sale and price, the same may be taken by the corporation as is before provided in respect to other cases. LAWS OF ILLINOIS. 21 SEC. 27. Every conductor, baggage-master, engineer, brake- officers to . J ' i M i * ^ear badge. man or other servant 01 any such rail-road corporation, employed in a passenger train, or at stations for passengers, shall wear upon his hat or cap a badge, which shall indicate his office, and the initial letters of the style of the corporation by which he is employed. No conductor or collector without such badge shall demand or be entitled to receive from any passenger any fare, toll or ticket, or exercise any of the powers of his office ; and no other of said officers or servants, without such badge, shall have any authority to meddle or interfere with any passenger, his baggage or property. SEC. 28. Every such corporation shall make an annual Ammai report to the secretary of this state, of the operations of the rq year ending on the first day of January ; which report shall be verified by the oaths of the treasurer and the acting superintendent of operations, and filed in his office .by the twentieth day of January, in each year, and shall state 1st. The capital stock and the amount actually paid in : 2d. The amount expended for the purchase of lands for the construction of the road, for buildings, and for engines and for cars respectively : 3d. The amount and nature of its indebtedness, and the amounts due the corporation : 4th. The amount received for the transportation of pas- sengers, of property, of the mails and from other sources : 5th. The amount of freight, specifying the quantity in tons, of the products of the forests, of animals, of vegetable food, other agricultural products, manufactures, merchandise and other articles : 6th. The amount paid for repairs, engines, cars, buildings and salaries : 7th. The number and amount of divylends, and when paid : 8th. The number of engine houses and shops, of engines and cars, and their character : 9th. The number of miles run by passenger, freight and other trains respectively : 10th. The number of men employed, and their occupation : llth. The number of persons injured in life or limb, and the causes of such inj ury : 22 LAWS OF ILLINOIS. 12th. Whether any accidents have arisen from carelessness or negligence of any persons in the employment of the cor- poration, and whether such person is retained in the service of the corporation. Penalty. SEC. 29. Any such corporation which shall neglect to make such report, shall be liable to a penalty of two hundred and fifty dollars, to be sued for in the name of the people of this state. Property SEC. 30. The property belonging to any company organized under the provisions of this act, shall be listed by the resi- dent secretary or other proper officer with the auditor of state, which shall be subject to the same rate of taxation as other similar property of individuals, and the revenue arising therefrom shall be paid into the state treasury, until the entire extinction of the internal improvement debt of the state, after which the said property shall be subject to taxa- tion, and the revenue arising therefrom paid as in the case of all other property in the state. The revenue derived under this section to be applied to the payment of the public debt of the state. Lien?. SEC. 31. The state shall have a lien upon all rail-roads of said corporations, and their appurtenances and stock therein, for all penalties, taxes and dues which may accrue to the state from said corporations ; which lien of the state shall take precedence of all demands, judgments or decrees against said corporations ; and the citizens of this state shall have a lien upon all personal property of said corporation to the amount of one hundred dollars, originally contracted within this state ; which, after said lien of the state, shall take precedence of all other debts, demands, judgments or decrees, liens or mortgages against said corporation. Toiismay SEC. 32. The legislature may, when any such rail-road shall be opened for use, from time to time, alter or reduce the rates of toll, fare, freight or other profits upon such road ; but the game shall not, without the consent of the corporation, be so reduced as to produce with said profits less than fifteen per cent, per annum on the capital actually paid in ; nor, unless on an examination of the amounts received and expended, to be made by the secretary of state, he shall LAWS OF ILLINOIS. 23 ascertain that the net income divided by the company from all sources for the year then last past shall have exceeded an annual income of fifteen per cent, upon the capital of the corporation actually paid in. SEC. 33. Any such corporation shall, when applied to by TO carry the postmaster-general, convey the mail of the United States m< on their road or roads respectively ; and in case such corpo- ration shall not agree as to rates of transportation thereof, and as to time, rate of speed, manner and condition of carry- ing the same, it shall be lawful for the governor of this state to appoint three commissioners, who, or a majority of them, after fifteen days' notice, in writing, of the time and place of meeting to the corporation, shall determine and fix the prices, times and condition aforesaid, but such prices shall not be less for carrying said mails in the passenger trains than the amount which such corporation would receive as freight on a like weight of merchandise transported in their merchandise trains, and a fair compensation for the post-office car. And in case the postmaster-general shall require the mail to be carried at other hours, and at a higher speed than the passen- ger trains be run at, the corporation shall furnish an extra train for the mail, and be allowed an extra compensation for the expenses and wear and tear thereof, and for the services to be fixed aforesaid. SEC. 34. If any passenger shall refuse to pay his fare or toll, Penalty on it shall be lawful for the conductor of the train and the ser- pay fare, vants of the corporation to put him out of the cars at any usual stopping place the conductor shall select. SEC. 35. Every such corporation shall start and run their Eegniar cars for the transportation of passengers and property at re- fixed, gular times, to be fixed by public notice, and shall furnish sufficient accommodations for the transportation of all such passengers and property as shall, within a reasonable time previous thereto, offer or be offered for transportation at the place of starting, and the junctions of other rail-roads, and at sidings and stopping places established for receiving and dis- charging way passengers and freight, and shall take, trans- port and discharge such passengers and property at, from 24: LAWS OF ILLINOIS. and to such places, on the due payment of tolls, freight or fare, legally authorized therefor. Penalty of SEC. 36. In case of the refusal by such corporation, or their corporation. agents, to take or transport any passenger or property, or to deliver the same, or either of them, at the regular or appointed time, such corporation shall pay to the party aggrieved all damages which shall be sustained thereby, with costs of suits. Trains, SEC. 37. In forming a passenger train, baggage or freight how placed. ' or merchandise or lumber cars shall not be placed in rear of passenger cars, and if they or any of them shall be so placed, and any accident shall happen to life or limb, the officer or agent who so directed or knowingly suffered such arrange- Penaity for ment, and the conductor or engineer of the train, shall each and all be held guilty of intentionally causing the injury, and be punished accordingly. ECU or SEC. 38. A bell of at least thirty pounds weight, or a steam whistle to be ,.,,,,,,, , , r ITU kept. whistle, shall be placed on each locomotive engine, and shall be rung or whistled at a distance of at least eighty rods from the place where the said road shall cross any other road or street, and be kept ringing or whistling until it shall have crossed said road or street, under a penalty of fifty dollars for every neglect, to be paid by the corporation owning the rail-road, one-half thereof to go to the informer, and the other half to the state, and also be liable for all damages which shall be sustained by any person by reason of such neglect. Boards to SEC. 39. Every such corporation shall cause boards to be placed, well supported by posts or otherwise, and constantly maintained across each public road or street, where the same is crossed by the rail-road on the same level. Said boards shall be elevated, so as not to obstruct the travel, and to be easily seen by travellers ; and on each side of said boards shall be painted in capital letters, of at least the size of nine inches each, the words " Rail-road crossing look out for the cars while the hell rings, or the whistle sounds" But this section shall not apply to streets in cities or villages, unless the corporation be required to put up such boards by the officers having charge of such streets. LAWS OF ILLINOIS. ZO SEC. 40. If any person shall, while in charge of a locomo- penalty for ,. . . ,, ., , , intoxication. tive engine running upon the rail-road 01 any such corpora- tion, or while acting as the conductor of any car or train of cars on any such rail-road, be intoxicated, he shall be deemed guilty of a misdemeanor. SEC. 41. If any person shall wilfully do, or cause to be Penalty done, any act or acts whatever, whereby any building, con- company! struction or work of any such corporation, or any engines, machines or structures, or any matter or tiling appertaining to the same, shall be stopped, obstructed, impaired, weakened, injured or destroyed, the person or persons offending shall be guilty of a misdemeanor, and shall forfeit and pay to the said corporation treble the amount of damages sustained by means of such offence. SEC. 42. All penalties imposed by this act may be sued Penalties, for by the district attorney, and in the name of the people of verla. re the state of Illinois ; and if such penalty be for a sum not exceeding one hundred dollars, then each suit may be brought before a justice of the peace. SEC. 43. Every such corporation shall, within a reasonable time after the road shall be located, cause to be made 1st. A map and profile thereof, and of the land taken or Map and obtained for the use thereof, and file the same in the office of pr the secretary of state ; and also like maps of the parts thereof located in different counties, and file the same in the office for recording deeds in the county in which said parts of said road shall lie, there to remain as of record forever. 2d. A certificate specifying the line upon which it is pro- certificate. posed to construct the rail-road and the grades and curves. SEC. 44. If any such corporation shall not, within five years TO com- after its incorporation, begin the construction of its road and ?np?ete an expend thereon ten per cent, on the amount of its capital, ro! and finish the road and put it in full operation in ten years thereafter, its act of incorporation shall become void. SEC. 45. All existing rail-road corporations within this Exis-ing state shall respectively have and possess all the powers and co ' privileges, and be subject to all the duties and liabilities and provisions contained in this act, so far as they shall be appli- cable to their present conditions, and not inconsistent with 26 LAWS OF ILLINOIS. their several charters ; and all rail-road companies that are now constructing their roads may acquire title to lands neces- sary for that purpose under the provisions of this act. SEC. 46. This act shall take effect and be in force from and after its passage. Approved November 5. 1849. AN ACT SUPPLEMENTAL TO AN ACT ENTITLED "AN ACT TO PROVIDE FOR A GENERAL SYSTEM OF RAIL-ROAD INCORPORATIONS." stock may SEC. 1. Be it enacted Tni the 'people of the State of Illinois. be subscrib- ,. T ^, -, A -n rm i ed. represented in the General Assembly, That whenever the citizens of any city or county in this state are desirous that said city or county should subscribe for stock in any rail-road company already organized or incorporated, or hereafter to be organized or incorporated under any law of this state, such city or county may, and are hereby authorized to pur- chase or subscribe for shares of the capital stock in any such company, in any sum not exceeding one hundred thousand dollars for each of such cities or counties ; and the stock so subscribed for or purchased, shall be under the control of the county court of the county or common council of the city making such subscription or purchase, in all respects as stock owned by individuals. May bor- g E0 . . That for the payment of said stock, the nudges of row money. r J J the county court of the county or the common council of the city making such subscription or purchase, are hereby authorized to borrow money at a rate not exceeding ten per cent, per annum, and to pledge the faith of the county or city for the annual payment of the interest, and the ultimate redemption of the principal ; or if the said judges or common council should deem it most advisable, they are hereby Bonds may authorized to pay for such subscription or purchase in bonds of the city or county, making such subscription to be drawn LAWS OF ILLINOIS. 27 for that purchase, in sums not less than fifty dollars, bearing interest not exceeding ten per centum per annum : Provided, That no bond shall be paid out at a less rate than par value. SEC. 3. The railroad companies already organized or i ncor ~ porated, or hereafter to be organized or incorporated under the laws of this state, are hereby authorized to receive the bonds of any county or city becoming subscribers to the capital stock of such company at par, and in lieu of cash, and to issue their bonds, bearing interest not exceeding ten per centum per annum for any moneys by them borrowed for the construction of their rail-road and fixtures, or for the purchase of engines and cars, and for such purpose may dispose of any bonds by them received as aforesaid. SEC. 4. JSTo subscription shall be made, or purchase or bond vote to i betaken. issued, by any county or city under the provisions of this act, whereby any debt shall be created by said judges of the county court of any county, or by the common council of any city, to pay any such subscription, unless a majority of the qualified voters of such county or city, (taking as a standard the number of votes thrown at the last general election previous to the vote had upon the question of sub- scription under this act for county officers,) shall vote for the same ; and the judges of the county court of any county, or the common council of any city, desiring to take stock as aforesaid, shall give at least thirty days' notice, in the same Notice. manner as notices are given for election of state or county officers in said counties, requiring said electors of said coun- ties or said cities to vote upon the day named in such notices, at their usual place of voting, for or against the subscription for said capital stock which they may propose to make ; and said notices shall specify the company in which stock is pro- posed to be subscribed, the amount which it is proposed to take, and the time which the bonds proposed to be issued are to run, and the interest which said bonds are to bear ; or in case it is proposed to borrow money to pay such subscription, then the notices shall state the terms upon which such loan is to be effected ; and the opinion of the electors shall be expressed upon their ballots " for subscription," or " against subscription," and counted and returned by the judges and 28 LAWS OF ILLINOIS. clerks of elections as in other cases ; and if a majority of the voters of said county or city, assuming the standard aforesaid, shall be in favor of the same, such authorized subscription or purchase, or any part thereof, shall then be made by said judges or common council. In case any election had under this act is held upon a day of a general election, then the number of votes thrown at such general election for county officers shall be the standard of the num- ber of qualified voters as aforesaid. No bonds shall be issued under the provisions of this act by any county or city, excepting for the amounts required to be paid at the time of subscription, and for the amounts of ,and at the time when assessments upon all the stockholders of said company shall be regularly assessed and made payable. SEC. 5. This act shall take effect from and after its passage. Approved November 6, 1849. AN ACT ENTITLED AN ACT TO INCORPORATE THE ILLINOIS AND WISCONSIN RAIL-ROAD COMPANY. corporators. SEC. ! -B & it enacted l)y the people of the State of Illinois, represented in General Assembly, That Neill Donelly, Phineas H. Platt, Enos W. Smith, Henry Sherman, John McClure, Itherian Taylor, Josiah D. Wight, Lindsey Joslyn, Michael A. McCahill, George H. Bently, Joseph Golden, William Sloan, Martin Small, and their associates, successors and assigns, be, and they are hereby authorized and empowered to associate themselves together by the name and style of the object of" Illinois and Wisconsin Rail-road Company," with all the corporation. . , ... . . . .11 rights, privileges and immunities that may be acquired by any rail-road company under and by virtue of the provisions of an act entitled " An act to provide for a general system of rail-road incorporations," approved November 5, 1819; and the said company, when organized under the provisions of said act, are hereby authorized to take private property. LAWS OF ILLINOIS. 29 in the manner prescribed by said act, for the purpose of building and maintaining a rail-road from the north line of the county of McHenry, in the state of Illinois, thence to the village of Woodstock, in said McHenry county, thence to such point on the Chicago and Galena Union Kail-Road as may be deemed practicable to form a junction with the above named Chicago and Galena Union Rail-Road Com- pany, in the counties of Cook, Kane and McHenry. And it Junctions, is further provided, that the said Illinois and Wisconsin Rail-Road Company may have power, and they are hereby authorized to unite and form a junction with any other rail- road company in the counties of Kane and Cook, on such conditions as the said Illinois and Wisconsin Rail-Road Com- pany may deem proper. And it is further provided, that the said Illinois and Wisconsin Rail-Road Company are hereby authorized and empowered to unite or consolidate their road with any rail-road company now incorporated, or that may hereafter be incorporated in the state of Wisconsin, and place the said road when consolidated under the control and supervision of a joint board of directors, upon such con- ditions, provisions and limitations as may be mutually agreed upon by said rail-road companies. SEC. 2. The said Illinois and Wisconsin Rail-Road, when statement i c 11111 ^ .capital organized as aforesaid, shall make out a statement and for- stock, &c. ward it to the secretary of this state, at the end of each year, showing the amount of capital stock of said company, and the amount of indebtedness and resources of said company : taking the aggregate amount of expenditures, receipts and resources per mile of the whole distance of said road in this state, any thing in the twenty-eighth and twenty-ninth sec- tions of the general rail-road law of the state of Illinois, ap- proved November fifth, one thousand eight hundred and forty-nine, to the contrary notwithstanding. SEC. 3. The said Illinois and Wisconsin Rail-Road Com- Extension, pauy shall have full power, and they are hereby authorized at any future time, not to exceed fifty years, if they should deem it practicable, to extend their rail-road from the village of Woodstock, in the county of McHenry, in this state, to the city of Chicago, in the county of Cook, and they shall 30 LAWS OF ILLINOIS. have full power to unite or connect with any company or corporation associated together for rail-road purposes in said city of Chicago and county of Cook, and the said company may unite or connect with any rail-road company or corpora- tion running from the south part of this state and terminat- ing at Chicago, or with any company or corporation running from the east through the state of Indiana, and terminating at Chicago or passing through Chicago. Limitation SEC. 4. The capital stock of said company is not to exceed stock. one million of dollars, and this charter shall expire at the end of fifty years. SEC. 5. This act to take effect from and after its passage. Approved Feb. 12, 1851. AN ACT SUPPLEMENTAL TO AN ACT ENTITLED " AN ACT TO INCORPORATE THE ILLINOIS AND WISCONSIN KAIL-ROAD COMPANY." Loan. SEC. 1. Be it enacted l)y the people of the State of Illinois, represented in the General Assembly, That as soon as the said Illinois and Wisconsin Rail-Eoad Company shall have organ- ized and subscribed one thousand dollars per mile of said rail-road intended to be constructed in this state, that then said company shall be allowed to borrow money at a rate of interest not exceeding ten per cent, per annum. Koute. SEC. 2. That said company shall have power to run said road from Algonquin, in McHenry county, to the state line, on the most eligible route, without reference to intermediate points in the line of said road as described in said act to which this is an amendment. SEC. 3. This act to be in force from and after its passage. Approved February 17, 1851. LAWS OF ILLINOIS. 31 AN ACT TO AMEND THE LAW CONDEMNING EIGHT OF WAT FOK PURPOSES OF INTERNAL IMPROVEMENT. SEC. 1. Be it enacted by the people of the State of Illinois, .Petition for represented in the General Assembly, That when any public road, rail-road, plank-road, turnpike-road, canal or other public work shall have been located by any officer or agent of the state, or of any county, or any person, or corporation vested with power to take and apply private property in the construction or use of such road, canal or other work, or for any purpose connected with the same, such as constructing bridges, dams, locks, embankments, excavations, spoil-banks, turn-outs, depots, engine houses, shops, turn-tables, boat yards, wharves or docks, and the right or title to property required for any such uses or purposes cannot be obtained by purchase, a petition shall be filed in the clerk's office of the circuit court of each county through which the location aforesaid is made, setting forth, by reference, the authority to construct the work, and the right to take and apply pri- vate property, and if the right way only is desired, describ- ing by its numbers, or other appropriate description, each lot or parcel of land over or across which such right is de- sired ; or if property is required for all or any of the other purposes herein specified, stating such purpose and describ- ing the property so required ; and in either or both cases stating the names of all persons interested, as owners or otherwise, in the property to be affected, if known, or if not known, stating that fact, and requesting such court to caus*e to be ascertained the compensation to be made to each owner of or person interested in property required as aforesaid, and upon payment thereof, to require a conveyance or release of the same, or that by an order or orders of court the right and title be invested in the state, county, corporation or other person in whose name or behalf the petition is filed, -to be applied and used for the purposes stated in the petition. 32 LAAVS OF ILLINOIS. Proceedings. g EC> 9. Upon the filing of the petition aforesaid, and giving the persons interested in the property required reasonable notice thereof, and of the time and place of making the application herein provided for, the petitioner in person, or by attorney, may apply to the judge of said court, or to the judge of the county court, or either of the associate judges of the last named court, to appoint commissioners to fix the compensation to be made to the parties interested as afore- said, for the right of way over or across land, and for land required for any of the other purposes herein expressed, as well as to assess the damages which may result from the con- struction and use of the road, canal or other contemplated work. Upon the hearing of which application, and each of the parties notified as aforesaid, as well as those not notified, who may appear, the said judge or associate justices shall commis- select and appoint three disinterested freeholders of the sioners. . . . county commissioners to fix compensation and assess dam- ages, according to the prayer of the petition, and also fix the time and place of their first meeting. And upon notices given as aforesaid, from time to time, or the appearance of parties without notice, the same or other commissioners shall be appointed to act with reference to parties, as they are notified or appear as aforesaid, until action shall be had with reference to all the parties and matters named in the petition : Proviso. Provided, That reasonable notice of the time and place of making application for the appointment of commissioners shall be five days, and one day in addition for every twenty miles' travel from the residence of the party to the place of making application. service of SEC. 3. Notices of the filing petitions and making applica- , < . i , j* tions lor the appointment ot commissioners, in respect to lands owned in whole or in part by infants, shall be served on the guardian ; or if they have no guardian, on the infants and persons with whom they reside ; and with respect to lands owned as aforesaid by idiots, lunatics or distracted per- sons, on the conservator, if they have any, if not, then on the person under whose care or charge they may be found ; and with respect to lands owned by femes covert, on the hus- bands as well as the owner ; and notices to non-residents of notices. LAWS OF ILLINOIS. 33 the county, and persons whose names are unknown, shall be published in some public newspaper published in the county, if any, or if not, in the nearest paper to such county, for three weeks in succession, before the day of making the ap- plication aforesaid. And notices so served or published shall be sufficient to authorize the appointment and action of the commissioners as herein provided for : Provided, If such Proviso, rail-road or other public work shall be located on land the property of the state, the right of way, not exceeding one hundred feet in width, is hereby granted to such company, corporation or individual. SEC. 4. Commissioners may be appointed in term time by commicsion- ji . . .. , .-, . , . .. era, when ap- the circuit court, or in vacation by the judges or j ustices pointed. aforesaid, upon the service or publication of notice being proved by affidavits, to be filed and constitute a part of the record of the proceedings. Upon applications for appoint- ment in vacation, copies of the petition, filed as aforesaid, shall be used, and the order of the judge or justice shall be endorsed thereon, and the same delivered to the commission- ers, to guide them in their action, and show the extent of their authority. SEC. 5. Commissioners appointed as aforesaid shall be sworn commis- , , . .' , . . , sioners to be before some orncer having power to administer oaths, " to sworn. faithfully and impartially execute the duties required of them according to their best judgment and understanding, and to make all their estimates and assessments according to law." And upon being sworn as aforesaid, they shall meet at the time and place fixed by the court, or judge or justices afore- said, and proceed without delay, upon view and inspection of the premises, as well as upon hearing the allegations and TO view- testimony of the parties interested, to fix the compensation pr< to be made to each party or owner of lands to be taken and used as the way on which the road, canal or other work shall be constructed and pass, also for lands taken and used for any of the other purposes specified in this act ; and also es- timate and assess the damages sustained by any person or persons, by reason of the construction and use of the work specified in the petition, taking into consideration and esti- mating the benefits and advantages to the parties, resulting 3 34 LAWS OF ILLINOIS. from the construction and use of the road, canal or other Proviso. improvement : Provided, The said commissioners shall not estimate any benefits or advantages which may accrue to lands affected in common with adjoining lands, on which such road, or canal or other work does not pass. TO report SEC. 6. The commissioners shall, from time to time, as they make decisions with reference to lands embraced in their appointment, make reports in writing, stating separately the compensation to be paid for the right of way over or upon each lot of land, the compensation to be paid for each lot of land required for any other purpose, and the damage allowed to each owner or party, by reason of the construction and use of the improvement or work as aforesaid. A copy of each report so made shall be delivered to each of the parties in interest, if requested, and the original, with a copy of the order of appointment, shall be filed with the clerk of the court in which the proceeding is had. Appeals SEC. 7. Upon the making and filing of any report as afore- said, any party interested may appeal from the decision of the commissioners to the circuit court of the county, as herein- after provided ; but if no appeal is taken, the decisions, esti- mates and assessments as reported, shall be conclusive upon the parties, and the right and title of that part of each lot or parcel of land required as aforesaid, in respect to which no compensation is allowed or damages assessed, should vest in the state, county, corporation or person in whose behalf the proceeding is had, with the right to enter upon and use and apply the same according to the prayer of the petition and right of the case, and the right and title to that part of each tract of land required, in respect to which compensation is allowed or damages assessed, shall vest in the state, county, corporation or person petitioning as aforesaid, upon the pay- ment of the compensation and damages so fixed or assessed, with the right to enier upon and use and apply the same for the purposes stated in the petition. Payment SEC. 8. Payments of compensation and damages, estimated e8 ' and assessed as aforesaid, may be made, first to parties labor- ing under no disability who are entitled to the land ; second, to guardians of infants, husbands or trustees of femes covert; LAWS OF ILLINOIS. 35 third, to conservators of insane persons ; and a receipt for such payments shall operate as a confirmation of the action of the commissioners, and shall estop the parties in interest from all further claims or proceeding in the premises. Pay- ments to parties residing in the state, but not in the county, including infants who have no guardian, and insane persons who have no conservator, shall be made by depositing the money with the clerk of the court in which the proceeding is had ; and payments to parties residing out of the state, and persons whose names are unknown, shall be made by de- positing the money in the treasury of the proper county where the land lies ; and the receipt of parties entitled to money deposited as aforesaid shall operate in like manner as receipts for money paid to parties as herein provided : Pro- Proviso vided. That if any person shall refuse to receive money when tendered, payment may, in such case, be made by depositing the amount with the county treasurer aforesaid. SEC. 9. Parties desirous to appeal from decisions, estimates Appeal i . , . . i . bond. and assessments, or either, 01 commissioners, shall, within ten days after being notified of the filing of the report with the clerk, execute and file an appeal bond with said clerk, payable to the people of the state, for the use of all parties interested in the condition ; in which bond the action or pro- ceeding appealed from shall be recited, with conditions, in case the appeal is taken in behalf of the petitioner, for the due and speedy prosecution of the appeal, and that he or they will pay whatever may be required by any decision, order or judgment; and in case the appeal is taken by any other party, with condition that the appeal shall be prosecuted without delay ; and in case the decision, estimate or assess- ment, as the case may be, shall be affirmed or not increased, that the appellant will pay the costs of the appeal and of the subsequent proceedings therein, if adjudged so to do by the court. A bond executed and filed by responsible securities, without the name or signature of the party appealing, shall be obligatory and sufficient ; and it shall not be necessary to insert any penalty in any such bond, but the party or parties executing the same shall be liable upon breach, to pay the 36 LAWS OF ILLINOIS. full amount which any party interested in the condition is or may be entitled to in the premises. Appeals, by SEC. 10. Appeals maybe taken and prosecuted by husbands whomtaken. / - ,. . , or trustees 01 jemes covert, guardians of infants and con- servators of insane persons ; and in cases where infants have no guardian, and insane persons no conservator, appeals may be taken by the friends of such parties. Notices of SEC. 11. Notices to parties of the filing reports of commis- sioners shall be given as is required in respect to applications for the appointment of commissioners, and notices of appeals shall be given by the service of summons, as in cases of ap- Proviso. peals from judgment of justices of the peace: Provided, That non-residents of the state, and persons whose names are unknown, may be notified by publishing notice as is required in respect to proceedings in chancery against non-residents. Possession SEC. 12. The entering upon, taking possession of and ap- of property , . .. , L P*\ condemned, plying property, with reference to which commissioners have reported as aforesaid, shall not be hindered, prevented or delayed by the prosecution of any appeal, provided the cor- poration or person interested in the work, or any responsible person in their behalf, will execute and file a bond with the clerk of the court in which the appeal is pending, binding the persons executing the same to pay whatever amount may be required by the order or judgment of the court in said appeal cause, and also comply with or conform to any rule or order that the court may make in relation to the matter in con- troversy. Appeals, SEC. 13. Appeals prosecuted under the provisions of this ed. w act shall be docketed by the clerk next after the people's causes, and shall be tried without delay, as soon as reached on the docket, unless continued for good cause or by consent. Questions SEC. 14. Appeals shall bring before the court the questions appeai e cases! decided or reported on by the commissioners in respect to the parties to the appeal, and unless the parties otherwise agree, the said questions shall be submitted to and tried by a jury as other appeal cases, the jury to swear "well and truly to try the cause ; and in fixing compensation or assessing dama- ges, they will be governed by the provisions of the law under verdicts, which the trial is had." The jury shall find and state the LAWS OF ILLINOIS. 37 amount, if any thing, which shall be paid as compensation for right of way, the amount, if any thing, to be paid for lands required for any other purpose ; and the amount, if any thing, assessed or allowed as damages, making the verdict conform to the questions and facts in the case. Yerdicts may be rendered in writing or stated orally in court, and the court shall in all cases require the verdict to be recorded in such form as to express truly and fully the finding of the J UI 7- SEC. 15. Upon verdicts rendered by juries, judgments shall Judgments. be entered, declaring that upon the payment of compensation and damages, or either, as the case may be, that the right and title to the same for which the compensation is to be made, or on account of which damages are allowed, shall vest in the state, county, corporation or person petitioning as aforesaid, with the right to enter upon, use and apply the same for the purposes stated in the petition ; or if the verdict is that no compensation shall be made in money, or damages be allowed in the premises, the like judgment shall be enter- ed ; and verdicts and judgments entered as aforesaid shall be final and conclusive between the parties. SEC. 16. Payments of judgments entered upon verdicts Payments, may be made, and to have the like force and effect as pro- vided for in section eight hereof, or payments may be made in reference to either party. SEC. IT. In appeal cases, courts shall permit amendments to Amend- papers, records, bonds, and the execution of new bonds, whenever necessary to a fair trial and final determination of the questions involved. Courts shall also have power to make any and all rules and orders necessary to notify par- ties of the proceeding, and to issue all process necessary to the execution of orders and judgments as they may be en- tered. SEC. 18. The costs of all proceedings under this act, except costs of pro- such as arise or grow out of appeals, shall be paid by the petitioners, and costs of appeals shall be paid as the court may direct. Any two of the three commissioners may act and execute any or all of the duties required. They shall have power to swear or affirm witnesses who may be brought 38 LAWS OF ILLINOIS. before them, also to issue summons for witnesses, and by compulsory process compel their attendance. They shall also have power to adjourn from day to day, or from one day to any succeeding day, not exceeding five, until they shall have determined and reported upon all the cases embraced in their appointment ; and two dollars per day shall be paid to each for his services. Limitation. SEC. 19. All corporations heretofore created by special charter of incorporation, or under the general law where the termini have been fixed by the legislature, and none others, may avail themselves of this act. Kuie of SEC. 20. Estimates of compensation and assessments of damages. * damages, under the provisions of this act, shall be made with reference to the land or property affected, and payable to the real person entitled to the same, whether a party to the proceeding or not. SEC. 21. This act to take effect and be in force from and after its passage. Approved June 22, 1852. AN ACT SUPPLEMENTAL TO AN ACT ENTITLED " AN ACT TO INCOBPOBATE THE ILLINOIS AND WISCONSIN KAIL-EOAD COMPANY." SEC. 1. Be it enacted ly the people of the State of Illinois, represented in the General Assembly, That the Illinois and Wisconsin Kail-Road Company may locate the northern terminus of their road at a point on the north line of the state, within one mile of the northwest corner of McHenry county. SEC. 2. The said company may, from time to time, increase their capital stock until it amounts to three millions of dol- lars, and the holders of the stock of said company shall be responsible only for the instalments due or to become due on the stock held by each individual respectively. LAWS OF ILLINOIS. 39 SEC. 3. The stockholders of said company may, from time to time hereafter, at any general meeting of the stockholders for the election of directors of said company, change the number of the board of directors to any number not less than five, nor more than fifteen, and the said directors shall not be required to reside in this state. SEC. 4. This act, and the acts to which it is supplemental, and all acts supplemental or amendatory of this said named act, shall be deemed public acts. This act shall be in force from and after, its passage. Approved February 14, 1853. ACT OF CONSOLIDATION, PASSED BY GENERAL ASSEMBLY, FEBRUARY SESSION, 1854. SEC. 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That all rail-road com- panies and plank-road companies now organized, or here- after to be organized, 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 consolidate 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 company out of this state. SEC. 2. Such consolidation may take place whenever the said companies 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 names of such consolidated company, and by such name or names the said consolidated company shall be a body cor- porate and politic, shall have a common seal or seals, and by such name or names shall be respectively contracted with and make contracts, shall sue and be sued, implead and be irnpleaded with, and shall have all the powers, franchises and immunities which the said respective companies shall 40 LAWS OF ILLINOIS. have, by virtue of their respective charters, before such con- solidation passed within the state of Illinois : Provided, That each consolidated company shall file for record, in the office of secretary of state, a copy of their said articles of con- solidation, evidenced by the signature of the presiding officer of each of the said companies, and the corporate seal thereof. SEC. 3. The corporation or corporations formed by virtue of the provisions of this act, shall have 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 contracts authorized by the by-laws of the said corporation or corporations, within the purview of their said charters. SEC. 4. Such corporation or corporations, when so formed, shall have the same power to consolidate with other com- panies when their lines connect, upon such terms as may be agreed upon by them respectively. SEC. 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 com- pany in this state shall first have been fixed, by the laws of this state, at the boundary line thereof. SEC. 6. This act shall not be so construed as to authorize any plank-road, not having power to build a rail-road, to consolidate with any rail-road so as to lay a rail-road upon any plank-road track, until the termini of such rail-road shall have been expressly fixed by law, nor shall any plank-road so consolidate with any rail-road unless authorized by law to lay a rail-road track. SEC. 7. All proceedings for the purpose of consolidation, as above provided, shall be fixed and regulated by the by-laws of the respective companies desiring such consolidation : Provided, That such consolidation shall not take place until the terms of such consolidation shall have been approved by a majority of the stockholders in interest, in person or by LAWS OF ILLINOIS. 41 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 the company. SEC. 8. When it shall be necessary for the construction of any rail-road to cross the track of any other rail-road, stream of water, water-course, road or highway, which it may inter- sect or cross by reason of such extension into or through any adjoining state, or by reason of its consolidation with any other road or roads, company 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 may be necessary to the convenience of the extension or consolidation 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. SEC. 9. This act shall take effect from and after its passage. Approved Feb. 28th, 1854. AN ACT TO REGULATE THE DUTIES AND LIABILITIES OF KAIL-ROAD COMPANIES. SEC. 1. Be it enacted by the people of the State of Illinois , represented in the General Assembly, That every rail-road cor- poration whose line of road, or any part thereof, is open for use, shall, within six months after the passage of this act, and every rail-road company formed or to be formed, but whose lines are not now open for use, shall, within six months after the lines of such rail-road, or any part thereof, are opened, erect and thereafter maintain fences on the sides of their road, or the part thereof so opened for use, suitable and sufficient to prevent cattle, horses, sheep and hogs from get- LAWS OF ILLINOIS. ting on to such rail-road, except at the crossing of public roads and highways, and within the limits of towns, cities and villages, with openings or gates or bars at the farm- crossings of such rail-roads, for the use of the proprietors of the lands adjoining such rail-roads ; and shall also construct, where the same has not already been done, and hereafter maintain, at all road-crossings now existing or hereafter es- tablished, cattle guards, suitable and sufficient to prevent cattle, horses, sheep and hogs from getting on to such rail- road. And so long as such fences and cattle guards shall not be made after the time hereinabove prescribed for making the same shall have elapsed, and when such fences and cattle guards are not in good repair, such rail-road cor- poration and its agents shall be liable for all damages which shall be done by the agents or engines of any such corpora- tion to any cattle, horses, sheep or hogs thereon; and when such fences and guards shall have been duly made, and shall be kept in good repair, such rail-road corporation shall not be liable for any such damages, unless negligently or wilfully done. x No rail-road corporation shall be required to fence the sides of its roads, except when such fence is necessary to prevent horses, cattle, sheep and hogs from getting on to the track of the rail-road, from the lands adjoining the same ; nor shall they be required to construct said fences on the sides of their rail-roads where the same runs through uninclosed lands lying at a greater distance than five miles from any settlement. Nor shall the said companies , be required to erect and maintain said fences through lands where the proprietors of said lands have already erected fences, or agreed with said companies so to do. SEC. 2. But it shall be the duty of every owner of land adjoining any rail-road, who has received a specific sum as compensation for fencing along the line of land taken for the purpose of said rail-road, and has agreed to build and maintain a lawful fence on the line of said road, to build and maintain such fence ; and it shall also be the duty of every owner of land adjoining any rail-road, who has received LAWS OF ILLINOIS. 43 compensation for building and maintaining a lawful fence on the line of said road, by way of damages in the condem- nation of land taken for the purposes of said rail-road, under the laws of this state, to build and maintain such fence ; and if said owner, his heirs or assigns, shall not build said fence within six months after he has been notified to do so by the said rail-road corporation, or shall neglect to maintain said fences if built, said corporation shall build and thereafter maintain such fence, and may maintain a civil action against the person so neglecting to build or maintain said fence, to recover the expense thereof; and such rail-road corporation shall not be liable to such owner or owners, their heirs or assigns, for any damages which shall be done by the agents, engines, locomotives or cars of any such corporation, to any cattle, horses, sheep or hogs of said owner or owners, their heirs, assigns or lessees, coming upon said road, by reason or on account of the failure of such owner or owners, their heirs or assigns, to construct or maintain said fences. SEC. 3. If any person shall ride, lead or drive any horse or other animal, upon such road and within such fences and guards, other than at farm or road-crossings, without the consent of the corporation, or who shall pull down, tear down, or otherwise render insufficient to exclude stock, any part of said fencing, he shall be liable to a penalty of not less than ten nor more than one hundred dollars, to be re- covered in an action of debt, before any court having juris- diction in such cases, in the name of the company or corpo- ration owning such road, and for its use, and also shall pay all damages which shall be sustained thereby to the party aggrieved. THOS. J. TUKNEE, Speaker of the House of Representatives. G. KOERNEE, Speaker of the Senate. Approved Feb. 14th, 1855. J. A. MATTESON. 44 LAWS OF ILLINOIS. UNITED STATES OF AMERICA, State of Illinois, \ ' I, Alexander Starne, secretary of state for the state of Illi- nois, do hereby certify that the foregoing is a true and cor- rect copy of an enrolled law now hn file in my office. In testimony whereof, I have hereto set my hand, and caused the great seal of state to be affixed. [L. s.] Done at the city of Springfield, this 18th day of April, A. D. 1855. ALEXANDER STARNE, Secretary of State. AN ACT TO AUTHORIZE THE PURCHASE OF A CERTAIN RAIL-ROAD THEREIN NAMED, TO BECOME A CORPORATION. SEC. 1. Be it enacted by the people of the /State of Illinois, rejwesented in the General Assembly, That if the mortgage or trust deed bearing date the first day of July, A. D. 1853, given by the Illinois and Wisconsin Rail-Road Company to David Hoadley, J. Earl "Williams and Julius "Wadsworth, as trustees, shall be foreclosed, either by bill in chancery or by publication of notice, as in said instrument provided, by said trustees, their survivor or successors; and if the rail- road of said company, together with its franchises and rights in said instrument described, shall be sold by said trustees, their survivor or successors, pursuant to such foreclosure, or the terms of said instrument, the purchaser or purchasers of said rail-road and its appurtenances shall, before being per- mitted to occupy, use and operate said rail-road, or exercise any of its franchises of said company, be required to file in the office of the secretary of state a duplicate of the deed or deeds of conveyance, executed to him or them by said trustees ; and also, within sixty days after the execution of said deed or deeds of conveyance, said purchaser or pur- chasers shall proceed to appoint or elect a board of at least LAWS OF ILLINOIS. 45 seven directors, to manage the affairs of said road, a certifi- cate of whose appointment shall be signed by the said pur- chaser or purchasers, his, her or their executors or adminis- trators, and filed in the office of said secretary of state ; and the said purchaser or purchasers, his or their executors, ad- ministrators, successors or assigns, shall, upon the filing of said duplicate deed or deeds and certificate, become a body corpo- rate and politic, and shall succeed to and have and possess all the rights, franchises and powers which are or may be vested in said Illinois and Wisconsin Rail-Road Company, by virtue of any law or laws of this state, with power to fix upon the name of said corporation, the number of its directors, not ex- ceeding nine, and their qualifications and term of office, to fix the amount of the capital stock of said company, and divide, transfer and increase the same. SEC. 2. This act shall be a public act, and take effect and be in force from and after its passage. THOS. J. TURNER, Speaker of the House of Representatives . G. KOERNER, Speaker of the Senate. Approved Feb. 14, 1855. D. A. MATTESON. UNITED STATES OF AMERICA, ) State of Illinois, \ S8 ' I, Alexander Starne, secretary of state for the state of Illi- nois, do hereby certify that the foregoing is a true and cor- rect copy of an enrolled law now on file in my office. In testimony whereof, I have hereto set my hand [L. s.] and affixed the seal of said state, this 17th day of Feb., A. D. 1855. ALEXANDER STARNE, Secretary of State. 46 LAWS OF WISCONSIN. AN ACT TO INCORPORATE THE MADISON AND BELOIT RAIL-KOAD COMPANY. The people, of the State of Wisconsin, represented in Senate and Assembly, do enact as follows: SEC. 1. George H. Slaughter, Thomas "W. Sutherland, Thomas T. Whittlesey, Nathaniel W. Dean, Daniel B. Sneden, David L. Mills, Joseph B. Doe, A. Hyatt Smith, Edward Y. TVhiton, "W. H. H. Bailey, Timothy Jackman, David Nog- gle, Alfred Field and John Hackett, together with such other persons as may hereafter become associated with them in the manner hereinafter prescribed, their successors and assigns, are hereby created a body corporate by the name of the "Madison and Beloit Rail-Road Company," and by that name shall be and are hereby made capable in law to pur- chase, hold and enjoy and retain to them and their succes- sors, lands, tenements and hereditaments, so far as may be necessary for the purpose of said rail-road, and the same to sell, grant, rent, or in any manner dispose of, to contract and be contracted with, to sue and be sued, implead and be im- pleaded, answer and be answered, defend and be defended, and also to make, have and use a common seal, the same to alter, break or renew at their pleasure; and if either of the persons named in this section shall die, refuse or neglect to execute the powers and discharge the duties hereby created, it shall be the duty of the remaining persons hereinbefore named, or a majority of them, to appoint a suitable person or persons to fill such vacancy or vacancies so often as the same shall occur. SEC. 2. The said corporation are hereby empowered to cause such examination or surveys to be made as shall be necessary to ascertain the most advantageous route whereon to construct a rail-road, and shall cause an estimate to be made of the probable cost thereof, [for each mile separately,] LAWS OF WISCONSIN. 47 and the said corporation shall be and they are hereby invested with the right to construct a rail-road with one or more railways or tracks from some convenient point in the village of Beloit, in the county of Eock, to the village of Jauesville, and thence to some convenient point of termina- tion in the village of Madison, in the county of Dane. SEC. 3. The capital stock of said corporation shall be three hundred and fifty thousand dollars, and shall be divided into shares of one hundred dollars each, and five dollars on each share shall be paid at the time of subscribing. SEC. 4. The above named persons, or a majority of them, are authorized to open books for receiving subscriptions to the capital stock of said company, and shall prescribe the form of such subscription, which books shall be opened within 18 months from the passage of said act, at such place or places as they may deem expedient, by giving thirty days' notice in some newspaper printed in the counties of Dane or Rock, and in such other place or places as may be thought advisable, of the time and place, or times and places, of opening said books, the said books to be kept open thirty days. SEC. 5. So soon as said stock, jor thirty thousand dollars thereof, shall have been subscribed, the above named persons, or the same number thereof as shall have given the notice above required, shall give like notice for the meeting of the stockholders to choose directors at some -time at least thirty days thereafter, and at some place within said counties of Dane and Rock ; and if at such time and place the holders of one-half or more of said stock subscribed shall attend, either in person or by lawful proxy, tliey shall proceed to choose from the stockholders, by ballot, nine directors, each share of capital stock entitling the owner to one vote ; and at such election the persons named in the first section of this act, or those appointed by its provisions to fill vacancies which may have occurred, or any three of them, if no more be present, shall be inspectors of such election, and shall certify in writing, signed by them, or a majority of them, what persons are elected directors ; and if two or more have an equal num- ber of votes, such inspectors shall determine by lot which of 48 LAWS OF WISCONSIN. them shall be directors, to complete the number required, and shall certify the same in like manner ; and such inspectors shall appoint the time and place of holding the first meeting of directors, at which meeting five shall form a board com- petent to transact all business of the company, and hereafter a new election of directors shall be made annually, at such times and places as the stockholders, at their first meeting, shall appoint ; and if the stockholders at their first meeting shall fail to appoint the day of such election, then it shall be holden in the succeeding year, on the same day of the same month on which said first election was holden, unless the same shall be on the first day of the week, in which case it shall be holden on the day next succeeding; and if no election be made on the day appointed, said company shall not be dis- solved, but such election may be made at any time appointed by the by-laws of said company ; the said directors shall elect one of their number president, and shall appoint a secretary, treasurer, such engineers and other officers as they may find necessary, shall fix their compensation, and may require adequate security for the performance of their respective trusts. SEC. 6. The directors may receive payment to the sub- scriptions to the capital stock at such time, in such propor- tion, not exceeding twenty-five per cent, at any one instal- ment, under such conditions as they shall deem fit, under the penalty of forfeiture of all previous payments thereon, or otherwise : Provided, They shall never require the payment to be made at any place out of the counties through which said road shall pass. And such directors shall, at least thirty days previous to the appointed time of such required pay- ment, give notice thereof in the manner provided in the fourth section of this act for giving notice of the opening of the books of subscription for the stock of said company. SEC. 7. The directors of said company shall have power to make, from time to time, all needful rules, regulations and by-laws, touching the business of said company, and to determine the number of tracks and railways upon said road, and the width thereof, and the description of carriages which may be used thereon, to regulate the amount of tolls LAWS OF WISCONSIN. 49 and the manner of collecting the same for such transportation, and to fix penalties for the breach of any such rules, regula- tions or by-laws, and to direct the mode and condition of transferring the stock of said company ; and penalties pro- vided for by the said by-laws may be sued for by any person authorized thereby, in the name of said company, and re- cover in an action of debt before any court having jurisdic- tion of the amount ; and the said company may erect and maintain toll houses and such other buildings and fixtures as the accommodation of those using said road may require. SEC. 8. The said company shall have the right to enter Repealed i j i i March 11, upon any lands, to survey and lay down said road, notissi. exceeding one hundred feet in width, and whenever any lands or materials shall be required for the construction of said road, and the same shall not be given or granted to said company, as to the compensation to be paid therefor, the person or persons claiming compensation as aforesaid, or if the owner or owners thereof are minors, insane persons or married women, the guardian or guardians of such minor or minors, and insane persons, and the husband of such married woman, may select for themselves an arbitrator, and the company shall select an arbitrator, and the two thus selected shall take to themselves a third, who shall be sworn and paid by said company as arbitrators between the parties, and render copies of their award to each of the parties in writing, from which award either party may appeal to the court of proper jurisdiction for the county in which such land or materials may have been situated ; and in all cases in which compensation shall in any manner be claimed for lands where there has been no improvement made, it shall be the duty of the arbitrators and court to award a fair compensa- tion for said lands and materials ; and appeals in such cases shall, when taken, be in all respects proceeded in as appeals in other cases to said court, and brought into said court by filing the award with the clerk of said court, whose duty it shall be to enter the same on the docket of the said court, setting down the claimant or claimants as plaintiff, and the said company as defendant ; and when the valuation so ascer- tained shall be paid or tendered by said company, said com- 50 LAWS OF 'WISCONSIN. pany shall have the same right to retain, own, hold and possess said lands and materials, as fully and absolutely as if the same had been granted and conveyed to said company by deed, as long as the same shall be used for the purposes of said road. SEC. 9. The said company may construct the said rail-road across any public or private road, highway, stream of water or water-course, if the same shall be necessary, but the said company shall restore such road, highway, stream of water or water-course to its former state, or in a sufficient manner not to impair the usefulness of said road, highway, water or water-course to the owner or to the public. Repealed SEC. 10. All persons paying the toll aforesaid, mar, with March 11, ... L . J \ J isoi. suitable and proper carriages, use and travel upon said road, always subject, however, to such rules and regulations as said company are authorized to make by the seventh section of this act. Repealed SEC. 11. So soon as the amount of tolls accruing and re- March 11, . . 1651. ceived from the use 01 said road or part thereof, according to the provisions of this act, shall exceed six per cent, on the amount of said capital stock paid in, after deducting there- from the expenses and liabilities of said company, the direc- tors of said company shall make a dividend of such net profits among the stockholders, in proportion to their respec- tive shares, and no accumulative fund, exceeding one per cent, of the* profits of said company, shall remain undivided for more than six months. SEC. 12. If any person or persons shall wilfully obstruct, or in any way spoil, injure or destroy said road, or any thing belonging or incident thereto, or any materials to be used in the construction thereof, or any building, fixture or carriage erected or constructed for the use or convenience thereof, such person or persons shall each be liable for every such offence, to treble the damages sustained thereby, to be re- covered in action of debt in any court having jurisdiction of the amount. Repealed SEC. 13. Whenever it shall become necessary in the loca- is5i? ' tion or construction of said road to pass through the land of any individual, it shall be the duty of said company to pro- LAWS OF WISCONSIN. 51 vide for said individual proper wagon ways ; it shall be liable to such individual in treble the amount of damages occa- sioned by sucli neglect. "N. E. WHITESIDE, Speaker of the Assembly. J. E. HOLMES, Lieutenant Governor and President of the Senate. Approved August 19, 1848. NELSON DEWEY. ACT TO AMEND AN ACT ENTITLED " AN ACT TO INCORPORATE TIIE MADI- SON AND 19, 1848. SON AND BELOIT EAIL-KOAD COMPANY," APPROVED AUGUST The people of the State of Wisconsin, represented in Senate and Assembly r , do enact as follows: SEC. 1. The said company shall have power to change the location of the said rail-road, and to terminate the same at any point that to them shall seem expedient, on the south line of the state of Wisconsin, and at such termination as may unite wjth any other rail-road. SEC. 2. The said company shall have the right to extend said road to any point on the "Wisconsin river that to them shall seem proper. SEC. 3. The said company shall have power to increase their capital stock to six hundred thousand dollars. MOSES M. STRONG, Speaker of the Assembly. SAMUEL "W. BEALL, Lieut. Governor and President of the Senate. Approved February 4, 1850. NELSON DEWEY. 52 LAWS OF WISCONSIN. At a meeting of the directors of the Madison and Beloit Rail-Road Company, held at the office of Smith, Parker & Jordan, in Janesville, on the 14th day of February, 1850 present, A. Hyatt Smith, Timothy Jackman, Wm. F. Tomp- luns, Ira Miltimore, G. F. A. Atherton, Charles Stevens and Wm. A. Lawrence the following act was read, to wit : AN ACT TO AMEND AN ACT ENTITLED " AN ACT TO INCORPORATE THE MADI- SON AND BELOIT RAIL-ROAD COMPANY." The people of the /State of Wisconsin, represented in Senate and Assembly, do enact as follows : SEC. 1. The said company may extend their road from Janesville to Lake "VYinnebago, by way of Fort Atkinson, Jefferson and Watertown. SEC. 2. For the purpose of such extension, the said com- pany may add ten thousand shares, of one hundred dollars each, to its capital stock. SEC. 3. This act shall take effect so soon as said company, by resolution adopted at a meeting of its board of directors, shall assent thereto, and from and after such time such com- pany shall be known as the " Rock River Valley Union Rail-Road Company." SEC. 4. The said company, whenever it shall deem the same expedient, may divide any portion of the capital stock of the company into shares of twenty five dollars each ; and every member of said company shall be entitled to one vote therein for every twenty-five dollars of stock which he may own. MOSES M. STRONG, Speaker of the Assembly. SAMUEL "W. BEALL, Lieut. Governor and President of the Senate. Approved February 9, 1850. NELSON DEWEY. LAWS OF WISCONSIN. 53 "Whereupon, on motion of Win. A. Lawrence, the follow- ing resolutions were unanimously adopted, to wit : Resolved, That the act of the legislature of the state of Wisconsin, entitled an act to amend an act entitled an act to incorporate the Madison and Beloit Rail-Road Company, ap- proved February 9, 1850, be, and the same is hereby assented to ; and that the name of the Madison and Beloit Rail-Road Company be, and the same is hereby changed to the Rock River Valley Union Rail-Road Company. Resolved, That ten thousand shares, of one hundred dol- lars each, be and the same are hereby added to the capital stock of said company, for the purpose of extending said road to Lake Winnebago. Resolved, That the books for subscription to said stock be opened. Adjourned, sine die. A. HYATT SMITH, President. WM. A. LAWRENCE, Secretary. AN ACT TO AMEND THE CHAKTEK OF THE KOCK KIVEB VALLEY UNION KAIL-KOAD COMPANY. The People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows : SEC. 1. That said company shall have power and authority to extend the Rock River branch of the road to Lake Superior. SEC. 2. Said company may, in its discretion, increase its capital stock three millions of dollars. SEC. 3. Said company shall have power to increase its number of directors to any number not exceeding fifteen. SEC. 4. The said company shall have the right to enter upon any lands, to survey and lay down said road, not ex- LAWS OF WISCONSIN. ceeding one hundred and thirty feet in width, and also to enter upon any lands adjoining said road, and obtain there- from sand, gravel, stone and other materials, as may be necessary for th,e construction of said road ; and whenever any lands or materials shall be required for the construction of said road, and the same shall not be given or granted to said company, the compensation to be paid therefor by said company shall be ascertained in the manner following, to wit : said company shall apply to the judge of the circuit court of the first circuit for the appointment of three com- missioners, whose duty it shall be, at the earliest practicable time after their appointment, to proceed to examine and as- sess the damages which may be sustained by the several owners or claimants of the lands through which the road of said company is located ; and the said commissioners, in assessing said damages, shall deduct therefrom the benefit which said lands receive by the construction of said road. It shall be the duty of the said company to give thirty days' notice of their application for the appointment of said com- missioners, in one or more newspapers published in each of the counties through which said road is laid out; and in case no newspaper is published in any one of said counties, then by posting up such notice on the door of the court house in said county, thirty days before the time of making such application ; and it shall be the duty of said commissioners to cause ten days' notice of their meeting, to appraise the damage to any lands through which said road may run, to be given to the owner or claimant thereof; and in case said owner or claimant shall be a minor, insane person or married woman, then such notice shall be given to the guardian, committee or husband of such minor, insane person or mar- ried woman. Either party feeling himself aggrieved by the decision of said commissioners, may appeal to the circuit court of the county in which said land may be situated, and said appeal shall be tried in the same manner as any suit commenced therein : Provided, That said company shall not in any manner be delayed in the construction of their road by any such appeal, but may proceed immediately with such construction, on paying into the office of the clerk of LAWS OF WISCONSIN. 55 said court the amount of moneys awarded to the owner or owners of said lands, 'and filing a bond with said clerk to said owner or owners, binding said company to pay such further sum as may be finally awarded against said com- pany. The notice to be given by the commissioners to the owners of lands required for the rail-road shall be in writing, and delivered to said owner or owners, or left at their usual place of residence, if residents of this state, or if non-resi- dents, then said notice to be given in a newspaper published in the county in which said land is situated, at least four weeks before making such appraisement. SEC. 5. Said company is authorized and empowered to connect its road with the road of any rail-road company or companies in the state of Illinois, or to become part owner or lessee of any rail-road in said state, and any rail-road com- pany in said state of Illinois, duly organized under the laws of said state of Illinois, may connect its road [with] the road of said company, and may, in like manner, with consent of said company, become part owner or lessee of the road of said company, or of any of its branches, or any portion thereof, situated in this state. SEC. 6. Said company is hereby authorized to borrow money to be expended in the construction and equipment of their said road and its appendages, and to issue bonds for the payment [thereof] in the usual form, said bonds not to exceed in the aggregate, at the period of the completion of said road, three-fourths of the whole amount actually expended on said road and its appendages as aforesaid ; and may make and execute, in the corporate name of said company, all necessary writings, notes, bonds or other papers for any liability] that it may incur in the construction or equipment of said road. SEC. 7. The said company is hereby authorized and em- powered to construct their said rail-road and its branches in sections, as fast as they may obtain the means for so doing, and the franchise of the portions so completed , and pijt^ in operation shall vest in said company the same as though, the whole were completed. -->-... SEC. 9. Section 2 of the act to incorporate ;sc;i