terest.

town, city, township or county shall be legally bound to make such donation as shall have been provided for in the order for such election, upon the terms and conditions contained in such order. And whenever the bonds of any town, city, township or county shall been issued in payment of any subscription or donation to said company, under the provisions of this act, it shall be the duty of the proper authorities of such town, city, township or county to see Tax to pay in- that the interest on said bonds is regularly paid; and it is hereby made the duty of such authorities to levy and cause to be collected a sufficient tax for that purpose, not exceeding the amount fixed by this act. Thirty days' notice shall be given for all elections held under the provisions of this Notice of elec- act; and it is hereby provided, that any election held under the provisions of this act at any other time than the time for holding general elections for state or county purposes, it shall not be necessary for the several boards of registry to make a new register for the several voting precincts, but the register made of the legal voters at the last general election held for state or county officers may be used: Provided, that the vote of any legal voter whose name does not appear on said register shall be received and taken in the same manner that unregistered legal voters' [votes] are received at any general election.

tion.

of railroads.

Extend roads. § 10. Said company shall have power to extend its said railroad from Harrisburg to and along the Ohio river, making the southern terminus of the same at Golconda, or Metropolis City, on said river; and said company shall have power to connect its railroad with any continuous line of railroads leading to the Ohio river or to the Atlantic seaboard, upon such terms as may be agreed upon between Consolidation said companies; and said company may consolidate its franchises with any railroad company with which it may connect; and said company shall have power to open subscription books, in this or any other state, at such times and places as shall be determined by the president and directors of said company; and said company shall have power to Branch roads. locate, re-locate, construct, maintain and operate one or more branches to its said railroad, from such point on the main line of said road as said company shall deem necessary and convenient for the convenience of the public and for inand creasing its traffic. And all the powers, rights and privileges conferred on said company in respect to the main line shall be enjoyed and may be exercised by said company in respect to said branches; and towns, cities, townships and counties, on or near any of said branches, may exercise the same powers and privileges and incur the same obligations, in respect to the construction of any such branches, that might be exercised or incurred in respect to the main line of said company; and said company shall have full power and authority to connect with, lease or consoli

Rights

privileges.

date its franchise with any other railroad company, to enable

it to reach the city of Chicago. Said company shall trans- Transportation port firewood and fuel, of every description, over its railroad, whenever the same shall be offered for transportation, at rate as low as the rates said company shall charge for the transportation of other freights of a similar class.

11. This act shall be deemed a public act, and shall be in force from and after its passage.

APPROVED March 13, 1869.

AN ACT to incorporate the Havana, Toulon and Fulton City Railway Com- In force April

pany.

1, 1869.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That C. M. Corporators. S. Lyon, William Lowman, John Turnbull, Ezra G. Webster, Isaac L. Newman, Robert R. Worley, Samuel Tacker, William T. Buswell, and Patrick Nowlan, are hereby made and constituted a body politic and corporate, by the name and style of "The Havana, Toulon and Fulton City Name and style. Railway Company," with perpetual succession; and, by that name and style, shall be capable and are hereby empowered and authorized, in law, of taking, purchasing, holding, leasing, selling and conveying real and personal estate and property, so far as the same may be requisite and necessary for the purposes hereinafter mentioned; and, in [Corporate powtheir said corporate name, may sue and be sued, plead and ers. be impleaded, defend and be defended, in all courts and places; to have and use a common seal, which they may alter and renew at pleasure; to have a capital stock of five Amount capital hundred thousand dollars, to be divided into shares of one hundred dollars each, which said capital stock may be increased from time to time, by a vote of a majority of the directors of the corporation, to any sum requisite for the completion and fulfillment of the objects and purposes of the corporation hereby created. And the said above named Board of direcpersons shall be and constitute the first board of directors, and are hereby vested with and may have and exercise all powers, rights, privileges and immunities which are or may be necessary to carry into effect and complete, use and enjoy the purposes and objects of this act, as hereinafter set forth.

stock.

tors.

2. Said directors shall organize the board, as soon as Organization. practicable after the passage of this act, by electing one of their number president and appointing a secretary and treasurer, which organization shall be certified by said directors, or a majority of them, and such certificate shall be recorded in the record book of said company, and said re

cord shall be sufficient evidence of such organization, and a certified copy thereof, under the seal of said corporation, shall be received in all courts of this state as evidence of Term of office. the facts therein stated; and said directors shall hold their offices until the first Wednesday of October following their organization and until their successors shall be elected and Vacancies, how qualified, as hereinafter provided. All vacancies in said board may be filled by a vote of two-thirds of the directors present, at any regular meeting of the board, or at a special meeting called for that purpose.

filled.

Construction railroad, etc.

§ 3. The said company are hereby authorized and empowered to locate and, from time to time, to alter, change, relocate, construct, reconstruct, and fully to finish, perfect, operate and maintain a railroad, with one or more tracks, commencing at a point on the west bank of the Illinois river, opposite the town of Havana, in Mason county, state Route of road. of Illinois, and running thence a northerly course, to the town of Toulon, in Stark county, and thence a northerly course to Fulton City, on the east bank of the Mississippi river, in Whiteside county, state of Illinois. Said company are hereby authorized and empowered to commence the constraction of any portion of said railroad at such place and places along the line of the route to be selected by said company, as it may be deemed expedient and advantageous so to construct the same by said company; and the said company are further authorized to use and operate said railroad, and shall have power and authority to regulate the time and manner in which goods and effects and persons shall be transported on the same, and to prescribe the manner in which said railroad shall be used, and the rate of toll for the transportation of persons or property thereon, and for the storage of merchandise and other property under their charge, subject to the laws of this Machinery, etc. state, and shall have power to provide all necessary stock and materials for the operation of said road, and shall have power to erect and maintain all necessary depots, stations, shops and other buildings and machinery, for the accommodation, management and operation of said road.

Rates of toll.

Open books for subscription.

May locate road

4. Said directors shall, as soon after the passage of this act as convenient, open books for the purpose of receiving subscriptions to the capital stock of said company, at such places along the line of said road and elsewhere as said directors may determine, under the direction of such agents as said directors shall appoint; and said books shall be kept open, from time to time, until the amount of said capital stock shall be subscribed or until said directors shall determine to close the same.

§ 5. It shall be lawful for said company, their officers, engineers and agents, to enter upon any land for the purpose of exploring, surveying and locating the route of said road, doing thereto no unneccessary damage; and when

for land taken.

said route shall be determined by said company it shall be lawful for them, their agents, officers, engineers, contractors and servants, at any time to enter upon, take possession of and use such lands, not exceeding one hundred feet in width, along the line of said route, subject, however, to the payment of such compensation as the company may have Compensation agreed to pay therefor or such as shall be ascertained in the manner hereinafter directed and provided in such cases, respectively; and said company are further authorized, by their officers, engineers, agents and servants, to enter upon lands adjacent to the said road, beyond the limits of one hundred feet, in the manner provided in this act, when necessary for the purporse of erecting depot buildings, station housesand necessary fixtures for the operation and for the purpose of making drains and giving a proper direction to water courses across said road, when the same are necessary, beyond the limits of said road, and to remove all substances and things which might endanger, obstruct or interfere with the free use of said road, and to deposit earth, gravel or stone taken from cuts, and to obtain earth, gravel, stone and other materials for embankments and other structures necessary for the construction and repairs of said road, doing, however, no unnecessary damage; and all lands so acquired and all damages which shall be done to any lands or property under the provisions of this section, shall be ascertained and paid for in the manner and agreeably to the provisions of the general laws now in force or which may hereafter be in force providing for the condemnation of lands for purposes of internal improvement.

money.

§ 6. Said company are authorized and empowered to May borrow, from time to time, such sums of money, not exceeding double the amount of stock subscribed and upon which at least twenty-five per centum shall have been paid, as may be necessary for constructing, completing and fin

borrow

ishing or opening said railroad, and to issue and dispose of Issue of bouds. their bonds, in denominations of not less than five hundred dollars, for any amount so borrowed, and to pay any rate of interest therefor not exceeding ten per centum, and to pledge and mortgage the said road and its appendages, or any part thereof, or any other property or effects, rights, credits and franchises of said company, as security for any loan of money and interest thereon, and to dispose of the Mayan money bonds issued for such loans at such rates and on such terms as two-thirds of the directors may determine, and may make such bonds convertible into the capital stock of said company, at the option of the holder thereof, and may provide a sinking fund for the redemption of said bonds out of the earnings of said road.

dends.

7. Said company shall, annually or semi-annually, Declare div!make such dividends as they may deem proper of the net profits, receipts or incomes of said company among the

Rules for government.

stockholders therein, in proportion to their respective

shares.

§ 8. Said company shall have power to make, ordain and establish all such by-laws, rules and regulations as may be deemed expedient and necessary to fulfill the purpose and carry into effect the provisions of this act and for the well ordering and securing the affairs and interests of said company: Provided, that the same be not repugnant to the constitution and the laws of the United States or of this Promulgation state. This act and all by-laws that may be adopted by the directors of said company, and all additions thereto, shall, from time to time, be printed in a convenient form and be distributed among the stockholders of said company.

of act.

Meeting stockholders.

books, etc.

of § 9. It shall be lawful for any fifteen stockholders in said company, by giving thirty days' notice, stating the objects of said meeting, to call a meeting of the stockholders of said company; and the secretary of said company shall certify and record the same as well as all matters that may be transacted under said call. The stockholders under such call may, by a majority voting therefor, proceed and appoint from among themselves a committee of three, with full power to examine all books, papers and accounts beInspection of longing to said company; and said committee may employ any competent accountant or accountants to aid in such examination; and said committee shall have power to examine any officer or officers, agent or agents or employee of said company, under oath, to be administered by the chairman of said committee; and said officer or agent or employee shall duly answer all questions that may be required of them by said committee, touching any matter or matters relating to the officers of said company; and the officers and agents of said company shall aid, as far as in their power, said committee, as they may require, in said examination. The expenses of said examination shall be paid from the treasury of said company, upon warrants drawn upon the treasurer and certified by said committee; and said committee shall make a detailed report of said examination at such time or times as said stockholders shall direct.

Expenses.

May lease or sell franchises.

§ 10. Said company shall have power, by and with the consent of the owners of three-fourths of the capital stock of said company, and are hereby authorized to sell and convey or lease their railroad, franchises, real and personal property, or any part or portion of their railroad, with the rights and franchises appertaining thereto, to any company or companies which have been or may hereafter be incorporated or to any party or parties, upon such terms as may be mutually agreed upon between the contracting parMay unite with ties. Said company shall have power to unite their railroad, in whole or in part, with any other railroad or railroads now in construction or which may hereafter be con

other roads.