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of any other Railroad Company, or Companies Chartered by it or existing under the laws of any other State.

JOHN CLARK,

Speaker of the House of Representatives.

WILLIAM WORTHINGTON,

Speaker of the Senate.

APPROVED the seventeenth day of March, Anno Domini one thousand eight hundred and sixty-nine.

JNO. W. GEARY.

II. ILLINOIS LAWS.

AN ACT to perfect the Title of the Purchasers of the Pittsburgh, Fort Wayne and Chicago Railroad, and to enable them to form a Corporation, and defining the Powers and Duties of such Corporation.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in case the Railroad of the Pittsburgh, Fort Wayne and Chicago Railroad Company, or any part thereof, shall be sold by virtue of any mortgage or mortgages, or deed or deeds of trust, either by foreclosure or other proceedings in law or equity, or in pursuance of a power in such mortgage or mortgages or deed or deeds of trust contained, or by the joint exercise of the said authorities, the purchaser or purchasers of the same, or their survivors or survivor, or they, or their, or he and his associates, or their or his assigns, may form a corporation, by filing in the office of the Secretary of State, under their or his signature, specifying the name of such corporation, the number of Directors, the names of the first Directors, the period of their services, not exceeding one year, the amount of the original capital, and the number of shares into which such capital is to be divided; and thereupon the persons who shall have signed such certificate, and their successors, shall be a body politic and corporate, by the name stated in such certificate, and a copy of such certificate, attested by the signature of the Secretary of State, or his deputy, shall, in all

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courts and places, be evidence of the due formation and existence of the said Corporation, and of the facts in the certificate stated.

SECTION 2. The said corporation, formed pursuant to this Act, shall have power to acquire, by purchase or otherwise, and to hold, use and enjoy, the Pittsburgh, Fort Wayne and Chicago Railroad, and each and every part thereof, whether situate within or without this State, and all equipments, machinery, tools, and materials, all lands, property, franchises, rights, and things connected therewith, or necessary or convenient to the use thereof, together with the tolls, income, rents, issues, and profits of the same, and shall have power to maintain and operate the same as fully as might have been done by the Pittsburgh, Fort Wayne and Chicago Railroad Company, and to erect new depots, stations and other buildings, and connect the same with the said Railroad, and to acquire and hold lands for the said and other needful purposes; and the said corporation shall also possess all the faculties, powers, authorities, immunities, privileges, and franchises, at any time held by the said Pittsburgh, Fort Wayne and Chicago Railroad Company, or by any of the corporations heretofore consolidated into the said Company, or conferred on the said Company, the said Corporations, or either of them, by any act or law of this State, or of either of the States of Ohio, Indiana, or Pennsylvania, and shall have power and capacity to hold and exercise within each and every of the said States, and, so far as it may deem necessary to the general objects of its business, within any other of the United States, all the said faculties, powers, authorities, privileges, and franchises, and all others which may hereafter be conferred upon it by or under any law of this State, or of any of the aforesaid States, and to hold meetings of Stockholders and Directors, and do all corporate acts, and all things, within any of the aforesaid States, as validly as it might do the same within this State, and may consolidate with any corporations of such other States authorized to hold, maintain, and operate the aforesaid railroad; and the said Corporation, formed pursuant to this act shall also have power. to create and issue capital stock in shares of one hundred dollars each, and to such aggregate amount as it shall deem necessary to carry out the objects of this act; and may establish preferences in respect to dividends, in favor of one or more classes of the said stock, in

such order and manner, and to such extent, and with such securities, as it may deem expedient, and may confer on holders of any bonds which it may issue or assume to pay such rights to vote at all meetings of stockholders, not exceeding one vote for every one hundred dollars of the par amount of the said bonds, as may by it be deemed advisable, which rights, when once fixed, shall attach to and pass with such bonds, under such regulations as the by-laws may prescribe, to the successive holders thereof, but shall not subject any holder to assessment by the said Company, or to any liability for its debts, or entitle any holder to dividends; and the said Corporation may make and issue its bonds, of not less denomination than one hundred dollars each, payable at such times and places, and bearing such rates of interest, as it may deem expedient, and may hypothecate or sell such bonds, within or without this State, at such prices as it may deem proper: Provided, nevertheless, That, except within six months after the organization of said Company, no bond shall be created, nor shall any debt be contracted, exceeding in the aggregate, at any one time, five per cent. on the par amount of the capital stock of the said Company, unless the same shall have been previously authorized by a vote of two-thirds in interest of the stock and bondholders, at a meeting duly held; and the said Corporation may secure the payment of any bonds which it may make, issue, or assume to pay, by a mortgage or mortgages, or deed or deeds of trust, of its Railroad, or of any part or parts thereof, or of any other of its property, real or personal, and may include in any such mortgage or mortgages, or deed or deeds of trust, any locomotives, cars, and other rolling stock or equipments, and any machinery, tools, implements, fuel, and materials, or other real or personal estate, whether then held or thereafter to be acquired, for the constructing, operating, repairing, or replacing of the said Railroad, or any part thereof, or of any of its equipments or appurtenances; all of which property and things so included, whether then possessed or thereafter to be acquired, shall be subject to the lien and operation of every such mortgage or deed of trust, in the same manner and with the like effect as if all such property and things constituted a part of the said Railroad; and may also include all franchises held by the said Corporation and connected with or relating to the said Railroad, and all corporate franchises, which are hereby declared, in case of sale by virtue of any such mortgage or mortgages, or deed or deeds of

trust, to pass to the purchaser or purchasers, so as to enable him or them to form a Corporation, in the manner herein described; and to vest in such Corporation all the faculties, powers, authorities, immunities, privileges and franchises conferred by this act. And the said Corporation may do all things which may be necessary or convenient to carry into full effect the powers hereby granted; and the powers hereby conferred may be exercised by the Directors thereof.

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SECTION 3. That the said corporation, formed pursuant to this act, shall, within six months after its organization, likewise have power to assume such debts, liabilities, and claims against the said Pittsburgh, Fort Wayne and Chicago Railroad Company, and make such settlements or adjustments with any of the stockholders, or other parties interested therein, as it may deem proper and, for the said purposes, to use such portion of the stock or bonds hereby authorized to be created, and in such manner as it may deem necessary.

SECTION 4. That in case the said Pittsburgh, Fort Wayne and Chicago Railroad, or any part thereof, shall be decreed by any Court having jurisdiction in any State, or part of a State, composing a judicial district within which a part of said Railroad is situated, to be sold by virtue of any mortgage or mortgages, or deed or deeds of trust, upon the same, containing a power of sale to the trustee or trustees, it shall be lawful for the said trustee or trustees to unite with the proper officer in making such sale, or, under the order of the Court, to make such sale at the time and place appointed by the Court, and with such notices as may be ordered by the Court; and to execute a conveyance of the said Railroad, or the part thereof which may be so sold; and such sale and conveyance shall be a valid and effectual execution of the powers of sale and conveyance contained in the said mortgage, mortages, or deed or deeds of trust, and shall operate to invest the purchasers with the title to the Railroad property and things sold as aforesaid, free and discharged from all rights and equity of redemption by the mortgagor or junior incumbrancer, or any other party whatsoever.

SECTION 5. That full authority is hereby given to the corporate authorities of the several counties, townships, cities, villages, or

other municipal corporations, owning or holding stock in the said Company, and to all persons holding the same in any fiduciary capacity, to transfer, assign, or surrender the same, and to accept and receive, under the re-organization, such portion of the new stock as may be apportioned to the stock so owned and held.

SECTION 6. That this Act shall be a public Act, and shall take effect from and after its passage.

S. M. CULLOM,

Speaker of the House of Representatives.

FRANCIS A. HOFFMAN,

Speaker of the Senate.

APPROVED February eighth, eighteen hundred and sixty-one.

RICHARD YATES,

UNITED STATES OF AMERICA,
State of Illinois.

ss:

Governor.

Seal of

I, O. M. HATCH, Secretary of State of the State of the State Illinois, do hereby certify that the foregoing is a true Illinois. copy of an Enrolled Law now on file in my office.

of

IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Great Seal of State, at the City of Springfield, this 14th day of February, A. D. 1861.

O. M. HATCH,
Secretary of State.

AN ACT to amend an Act entitled “An Act to provide for a general system of railroad incorporations, approved November 5, A. D. 1849.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in General Assembly, That it shall be lawful for any railroad company, organized and doing business, or which shall hereafter be organized under any law or laws of this State, by resolution of its Board of Directors or Executive Committee, to divide its Board of Directors into three classes, numbered consecutively; the term of office of the first class to expire on the day of the annual election of said Company then next ensuing,

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