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1, 1889. In force July 1, 1889. L. 1889, p. 225; Legal News Ed., p. 139.
202. Drawback check-Redemption of.) § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That where any railroad corporation issues or causes to be issued or delivered, by a conductor or other authorized agent, what is known as a drawback check to any passenger on account of the over payment of cash fare by such passenger for transportation over any part of such railroad, such drawback check shall be redeemed by said corporation upon its presentation by the holder at any ticket office of such corporation, within ten years after such drawback check may have been issued; and upon refusal of the agent of such corporation in charge of such ticket office to redeem the same upon such presentation, the holder of such drawback check may maintain an action against such corporation in any court of competent jurisdiction for the recovery of the amount of money stipulated in such drawback check, together with costs of suit and a reasonable attorney's fee, to be fixed by the court where the cause is heard, on appeal or otherwise, and taxed as a part of the costs of suit.
203. The term “railroad corporation.") § 2. The term railroad corporation contained in this act shall be deemed and taken to include all companies, lessees, contractors, persons or associations of persons, whether incorporated or otherwise, operating or using any railroads in this State.
AN ACT relating to fires caused by locomotives. (Approved and in force March 29, 1869. L. 1869, p. 312.
103. Fires by locomotives.) § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That in all actions against any person or incorporated company for the recovery of damages on account of any injury to any property, whether real or personal, occasioned by fire communicated by any locomotive engine while upon or passing along any railroad in this State, the fact that such fire was so communicated shall be taken as full prima facie evidence to charge with negligence the corporation, or person or persons who shall, at the time of such injury by fire, be in the use and occupation of such railroad, either as owners, lessees or mortgagees, and also those who shall at such time have the care and management of such engine; and it shall not, in any case, be considered as negligence on the part of the owner or occupant of the property injured, that he has used the same in the manner, or permitted the same to be used or remain
in the condition it would have been used or remained had no railroad passed through or near the property so injured, except in cases of injury to personal property which shall be at the time upon the property occupied by such railroad. This act shall not apply to injuries already committed.
104. Act takes effect.) § 2. The act shall take effect and be in force from and after its passage.
Residence of directors under special charters.
AN ACT in relation to the residence of directors on railroads organized under special charters. (Approved and in force June 17, 1893. L. 1893, p. 164; Legal News Ed., p. 117.
55. Defines directors' residence.) § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: 'In all cases where any railroad company organized and doing business under any law of this State by which it is required that a majority of the directors of such company shall reside in counties along the line of road, such requirements shall be construed to require such majority of such directors to reside in some or all of the counties along the line of road in this State actually operated by such company, whether such line be owned by such company or leased thereby, and shall not require that any of the directors of such company shall reside in counties along such part of the line of the road of such company as may have been sold and transferred to any other corporation.
2. Emergency.) § 2. Whereas an emergency exists, therefore, this law shall take effect and be enforced from and after its passage.
AN ACT authorizing the formation of union depots and stations for railroads in this State. (Approved April 7, 1875. In force July 1, 1875. L. 1875, p. 97 ; Legal News Ed., p. 103.
56. Who may form corporations.) § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That in order to facilitate the public convenience and safety in the transmission of goods and passengers, from one railroad to another, and to prevent the unnecessary expense, inconvenience and loss attending the accumulation of a number of stations, any number of persons, not less than five, are hereby authorized to form themselves, or any two or more railroad companies may themselves form or join individ
uals in forming a corporation for the purpose of constructing, establishing and maintaining a union station for passenger or freight depots, or for both, in any city, town or place in this State, with the necessary officers and rooms convenient for the same, and appurtenances thereto, and for that purpose may make and sign articles, in which shall be stated the number of years the same is to continue, the city, town or place in which the same is to be located, the amount of the capital stock of said company, which shall not exceed three millions of dollars, the amount of each share of stock, the names and places of residence of its directors, which shall not be less than five nor exceed fifteen, who shall manage its affairs for the first year, and until others are chosen in their place, and shall also state the amount of stock taken by each subscriber.
57. Articles of association.) § 2. Any association of persons or corporation, desiring to become incorporated under the provisions of this act, shall present their articles of association to the Circuit Court of the county in which such city or place is, or to the judge thereof in vacation, with the petition from such members for a certificate of incorporation under the provisions of this act, to which petition shall be added or appended a certificate of at least two railroad companies who have tracks leading into said city, town or place, stating its public utility, and that they expect to make arrangements for its use when it shall be constructed, signed by the presidents of their respective companies.
58. Certificate of incorporation.) § 3. If the Circuit Court, or any judge thereof, in vacation, shall be satisfied that said certificate has been signed by such companies, then the said court or judge, upon filing the said petition, articles and certificate aforesaid, with the clerk of the court, shall grant to the said association a certificate of incorporation, which may be in the following form, to-wit:
Whereas, A, B and C, etc. (stating the names), have filed in the office of the clerk of the Circuit Court their articles of association, in compliance with the provisions of an act entitled "An act authorizing the formation of union depots and stations for railroads in this State," approved (stating day of approval), with their petition of incorporation, under the name and style of ......; they are therefore hereby declared a body politic and corporate, by the name and style aforesaid, with all the powers, privileges and immunities granted in the act above named. By order of Circuit Court (or judge thereof) Attest: .., clerk of the Circuit Court of county ..
And thereupon, upon filing the same, or a certified copy thereof, in the office of the Secretary of State, the said association, from the time of such filing, shall be a corporation under the laws of this State.
59. Corporate powers defined—Provisos and limitations.)
§ 4. Every corporation formed under this act, in addition to the general powers conferred by the laws of this State, in relation to corporations, shall have power
First-To take and hold such real estate as it may acquire under the provisions of this act by condemnation, and which shall be necessary for the transaction of its business.
Second—To take, occupy and condemn any land and real estate, or any interest therein needed for the establishment of such union station or depot, and necessary approaches thereto, and the same proceedings shall be had therefore as are now or may hereafter be provided by law, concerning the condemnation of lands for or by railroad companies in this State, so far as such laws are applicable to the purposes of this act; and when so condemned, the said land, and
any interest therein, shall belong to such corporation for the purposes of this act; and when so condemned, the said land, and any interest therein, shall belong to such corporation for the purposes of this act: Provided, That nothing in this act shall be construed to authorize the condemnation of depot grounds of any railroad which is not of the same gauge of those adjoining in the petition: Provided, further, That none of the provisions of this act relating to the condemnation of lands, shall extend to any land or lands to which any municipal corporation has a title.
Third-With the consent of the corporate authorities of the city, town or place in which said station or depot is to be constructed, to have the right to lay the necessary track or tracks over, upon or under such streets or roads of said city, town or place as may be necessary to make the necessary connections with railroads proposing to use the said union depot, and may, with such consent, also construct such station or depot, under, over or upon any such streets or roads: Provided, That all injury, if any, that may be occasioned to the property fronting to many streets or roads, by the laying of any railroad tracks, or the location of any depot upon such streets or roads, under the provisions of this act, shall be assessed, and the as sessment paid into the city treasury, to the use of the owners of the property so injured by the corporation so appropriating such streets or roads, before such corporation shall have the
right to lay any track or locate any depot over, under or upon such streets or roads.
Fourth-From time to time to borrow such sums of money as may be necessary for the construction, completion and furnishing or repairing of such station or depot, and to issue or dispose of their bonds for such amounts, at such prices as they shall think proper, and to mortgage their corporate property and franchises for the purpose of securing the same.
Fifth—To open, from time to time, books of subscription to the remainder of the capital stock not taken by the subscribers to the articles of association. The General Assembly shall have power to enact, from time to time, laws to prevent and correct abuses and to prevent unjust discrimination and extortions in the management and prosecution of the business of any corporation formed under this act, and to enforce such laws by adequate penalties.
60. Term and election of directors.) § 5. After the directors named in the articles of incorporation shall have served for one year, there shall be an annual election of directors, to be conducted in the manner prescribed in the constitution of this State; the directors so elected shall serve for the ensuing year, and notices of such election, appointing a time and place, shall be given by the directors as originally constituted for the first annual election, and thereafter by their successors in office, which notice shall be published not less than twenty days previous thereto, in some newspaper published in the English language, in the city, town or place in which said station or depot is located.
61. No discrimination.) § 6. There shall be no discrimination against or in favor of any railroad company using or desiring to use the said union depot, but the terms, conditions and regulation sadopted for the use of the same, shall be, so far as practicable, uniform, and apply alike to all railroads using or desiring to use said union depot.
Report to Railroad and Warehouse Commissioners.
AN ACT to establish a board of Railroad and Warehouse Commissioners, and prescribe their powers and duties. (Approved April 13, 1871. In force July 1, 1871. L. 1871-2, p. 618.
172. Report of railroads.) § 6. Every railroad company incorporated or doing business in this State, or which shall hereafter become incorporated, or do business under any general or special law of this State, shall, on or before the first day of September in the year of our Lord 1871, and on or