incorporating said company, the record in the proper county (or a transcript of such record, duly certified by the custodian thereof), of the list purporting to contain the tracts of land selected by said railroad company in such county, and purporting to be certified by the commissioner of the general land office as being a true abstract from the original list of selections by said company, shall be sufficient prima facie evidence of title of said railroad company or the trustees thereof, as the case may be, to the lands embraced in such list; and the record in the proper county (or duly certified copy thereof by the custodian of such record) of the map or profile of said railroad or branches, shall be sufficient prima facie evidence of the line of location of said railroad or its branches in such county. 50. Appointment, etc., of trustees.) § 2. A copy of the commission issued by the governor or by the president of said railroad company to any successor of any of the original trustees (or any of their successors) named in said act of incorporation, certified by the Secretary of State under the great seal of the State, or by the commissioner of the land department of said railroad company or its president, under the common seal of said company, as the case may be, shall be sufficient prima facie evidence of the regular appointment and due authority of the person named as trustee in such commission. Constitution 1870 as to. No contract, obligation or liability whatever, of the Illinois Central Railroad Company, to pay any money into the State treasury, nor any lien of the State upon, or right to tax property of said company in accordance with the provisions of the charter of said company, approved February 10, in the year of our Lord 1851, shall ever be released, suspended, modified, altered, remitted, or in any manner diminished or impaired by legislative or other authority; and all moneys derived from said company, after the payment of the State debt, shall be appropriated and set apart for the payment of the ordinary expenses of the State government, and for no other purposes. whatever. Laws as to. Charter of I. C. R. R. Co. is a contract between the company and the State of Illinois, but is subject to the police power same as all contracts and property. People v. I. C. R. R. Co., 235 Ill. 374 (379). A lease of its line by the Illinois Central R. R. Co. authorized by the Legislature does not take such lines out of the charter exemption as to taxation. The earnings of such leasing are part of the "gross receipts" of the company. Board of Equalization v. People, 229 Ill. 430. Property needed by the Illinois Central R. R. Co. to make connections with a bridge over the Ohio River, held within its charter provisions, although not in the right of way as originally, outlined, and not taxable except as provided by said. charter. Board of Equalization v. People, 229 Ill. 430. Section 3 of Illinois Central R. R. Co. charter statute construed not to include rights to land submerged by Lake Michigan. I. C. R. R. Ca. v. City of Chicago, 173 Ill. 471. Illinois Central Railroad Company is not exempt from special tax for local improvement. I. C. R. R. Co. v. City of Decatur, 154 Ill. 173. RECEIVERS FOR CORPORATIONS. Appointment of. APPOINTMENT OF. POWERS OF. ACTIONS BY AND AGAINST. CLAIMS AGAINST. FEES AND CHARGES OF. Receivers are appointed in the interest of creditors and owners. Fees should not absorb the assets and are discretionary with the court. Goodman v. Wilder, Receiver, 234 Ill. 362. The appointment of a receiver is discretionary with the court. If the injury complained of may be remedied without a receiver, one will not be appointed. In this case a receiver was held unnecessarily appointed. Klein v. Independent Brwg. Co., 231 Ill. 594. Merits of the case are not considered on application for receiver. Town of Vandalia v. St. L. V. & T. H. Ry. Co., 209 Ill. 73. Appointment of receiver cannot be collaterally attacked when. Town of Vandalia v. St. L. V. & T. H. Ry. Co., 209 Ill. 73. Appointment of receiver has no effect on titles or property rights. Town of Vandalia v. St. L. V. & T. H. Ry. Co., 209 Ill. 73. Writ of error does not lie to review appointment of a receiver; no final order being made. Town of Vandalia v. St. L. V. & T. H. Ry. Co., 209 Ill. 73. Receivers represent the corporation and the creditors. Peabody, Receiver, v. Water Works Co., 184 III. 625. Sec. 25 of Corporation Act construed-as relating to receivers. Peabody, Receiver, v. Water Works Co., 184 Ill. 625. Receiver-when competency of, may be questioned; when not. Roby v. Title G. & T. Co., 166 Ill. 336. Receivers take property subject to all prior liens. C. T. & T. Co. v. Smith, 158 Ill. 417. Powers of. Interest on bonds not owned by a corporation but wrongfully in the hands of a receiver for same, cannot be collected and retained by the receiver. Chicago T. & T. Co. v. Yates, 211 Ill. 99. Receivers' certificates-issuing of, is largely in the discretion of the court. Town of Vandalia v. St. L. & T. H. Ry. Co., 209 Ill. 73. Receivers may incur indebtedness to keep a "going concern" in operation until its affairs are closed up-when-such expenses are a charge on the property. Knickerbocker v. McKindley Coal Co., 172 Ill. 379. Receiver may elect, subject to court, to fulfill his insolvent's contracts-when-conditions as to. Spencer v. World's Col. Ex., 163 Ill. 117. Power of receiver to assess stock is the same as that possessed by directors and is subject to same conditions. Great Western Tel. Co. v. Loewenthal, 154 Ill. 261 (268). Actions by and against. Receiver of insolvent foreign corporation is authorized to prosecute a writ of error to reverse judgment against the corporation, secured before its insolvency-when. Eau Claire Canning Co. v. Western Brokerage Co., 213 Ill. 561. Order of court authorizing receiver to borrow money to contest a suit, will not be reversed because the result of the suit is doubtful. Town of Vandalia v. St. L. V. & T. H. Ry. Co., 209 Ill. 73. Appellate Court is not authorized to enter a decree against a receiver not a party to the cause. Haigh v. Carroll, 197 Ill. 193. Damages recovered against receiver for his negligence or that of servants, is payable as operating expense out of the income of the assets. Change of receivers has no effect. Knickerbocker v. Benes, 195 III. 434. Receiver may have judgment obtained by collusion before his appointment, opened at the same term and be allowed to defend-when. Peabody, Receiver, v. Water Works Co., 184 Ill. 625. Receivers may be sued for torts of agents. Such damages are part of operating expenses. Bartlett v. Cicero L. H. & P. Co., 177 Ill. 68. Action by receiver against stockholder to collect assessment on stock. Great Western Tel. Co. v. Mears, 154 Ill. 437. Claims against. Filing a claim with a receiver does not make a creditor party to the receivership proceedings. An intervening petition should be filed calling the court's attention to the claim, and an order had granting the petition. Scott v. G. W. Coal Co., 223 Ill. 271. The receiver of a railroad company is permitted to pay a claim for necessary rolling stock, prior to a mortgage on the corporate property-when. St. L. A. & S. R. R. Co. v. O'Hara, 177 Ill. 525. |