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rules and regulations as may be deemed expedient and necessary to fu.fil the purposes, and carry into effect the provisions of this act, and for the well crdering and securing the affairs, business and interest of said company, not incumpatible with the constitution and laws of this state.

§ 11. The said board of directors shall have power to Regulations. regulate the manner of transportation of persons and property, the width of the track, the construction of wheels, the form and size of cars, the weight of loads, and all other matters and things respecting the use of said road, and the conveyance and transportation of persons and property thereon.

§ 12.

Whenever it shall be necessary for the construc- Intersections tion of said railroad to intersect or cross a track of any other rariro id, or a y stream of water or water course, or road or highway, lying on the route of said road, it shall be lawful for the company to construct their railroad across or upon the same: Provided, that the said company shall Proviso. restore the railroad, stream of water, water course, road or highway thus obstru ted or crossed to its former state, or in a sufficient manner not materially to impair its useful

ness.

§ 13. The said company shall annually or semi-annually Dividends. make such dividend s they may deem proper of the net profits, receipts or income of said company, among the stockholders therein, in proper proportion to their respec

tive shares.

§ 14. The said company shall have power, and are Real estate. hereby authorized, to receive, take, hold and again to alienate, any amount of lands, not to exceed twelve hundred acres at any one time, and to mine and work the coal beds therein, and to transport the coal mined therefrom, and to this end may contract with any other railroad company for the lease or purchase of their tracks, rights, ways, privileges, franchises, coal fields, engines, machinery, lands and other property, paying therefor money, bonds, or stock in the said railroad company hereby chartered, and may make, have, use and maintain any and all branch roads by the said company deemed necessary in transacting their business, condemning all lands and ways therefor as herein is above provided. The said company is also empowered to lease or purchase of the county of St. Clair, all the ferry right an franchise which said county now has for a ferry across the Mississippi river opposite St. Louis, r such an interest therein as the said county may, by an order of the county court entered upon their records, agree to sell or lease to the said company, and to be paid for by said company in money, bonds or stock of said company, as the same may be agreed upon; and the said county court are

City of Belleville allowed to sub

scribe.

Penalty.

Extension of road.

Power to borrow money.

hereby authorized so to sell or lease the said ferry for any period they may agree upon with said company.

§ 15. The said company may accept subscriptions to the stock of said 1oad, from the city of Belleville and the county of St. Clair, or either of them, to an amount not to exceed twenty-five thousand dollars each; and for the purpose of raising the amount so to be by them subscribed, the said city of Belleville, by her corporate authorities, and the said county of St. Clair, are hereby authorized and empowered to borrow any sum not exceeding twenty-five thousand dollars each, payable at such times and places and in such sums and with such rate of interest as may be agreed upon, and may issue their city and county bonds therefor, under their respective seals.

§ 16. If any person shall do, or cause to be done, or aid in doing or causing to be done, ny act or acts whatever, whereby any building or construction or work of said company, or any machine or structure, or any matter or thing appertaining to the same, shall be stopped, obstructed, impaired or weakened, injured or destroyed, the person or persons so offending shall be guilty of a misdemeanor, and may be punished, upon conv.ction, by fine in any sum not exceeding five hundred dollars, or by imprisonment not exceeding five years, or by both, at the discretion of the court, and shall forfeit and pay to the said corporation treble the amount of damages sustained by reason of such offence or injury, to be recovered in the name of said company, with costs of suit, in an action of trespass, before any justice of this state, or before any court having jurisdiction thereof.

§ 17. Said company shall have the power to extend to and unite its railroad with any other railroad now constructed, or which may hereafter be constructed in this state; and for that purpose full power is hereby given to sait company to make and execute such contracts with any other company as will secure the objects of such connection.

§ 18. Said company is hereby authorized, from time to time, to borrow such sum or sums of money as may be necessary for completing and finishing or operating their said railroad, and to issue and dispose of their bonds in deno ninations of not less than five hundred dollars, for any amount so borrowed, and to mortgage their corporate property and franchises, or convey the same by deed of trust, to secure the payment of any debt contracted by said company for the purposes aforesaid; and the directors of said company may confer on any bondholder of any bond issued for money borrowed as aforesaid, the right to convert the principal due or owing thereon into stock of said company, at any time not exceeding ten years from the date of the

bond, under such regulations as the directors of said company may see fit to adopt; and all sales of bonds for less than their par value shall be good and valid and as binding upon said corporation as if the same were sold for the full amount thereof.

§ 19. The said company hereby chartered shall be re- Limitation. quired to construct and operate their said road according to the terms of this charter, within five years from the passage of this act, which shall be taken and received as a public law, in all courts and places whatsoever. APPROVED June 21, 1852.

AN ACT extending the jurisdiction of justices of the peace.

In force June 22, 1852.

ing fines

and

SECTION 1. Be it enacted by the people of the State of Illinis, represented in the General Assembly, That all fines, pena ties, and forfeitures incurred under section third Mode of recoverof the act of the general assembly of this state, approved penalties. February seventeenth, eighteen hundred and fifty-one, entitled "an act to amend an act entitled 'an act to provide for the construction of plank roads by a general law," " may be sued for, prosecuted and recovered before any justice of the peace of the county where said fine, penalty or forfeiture is incurred, or before any justice of the peace of the county where the offender may be found.

§ 2. This act to take effect and be in force from and after its passage.

APPROVED June 22, 1852.

AN ACT to amend an act approved February 12th, 1851, authorizing Joseph In force June 22, McCoy and others to peddle goods in the state of Illinois.

tuted.

1852.

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the Name substituname of Roderick R. Lorton be inserted in the place of William Lorton wherever it appears in said act, and the privileges therein extended to said William Lorton are hereby taken from him and vested in the said Roderick R. Lorton, the real person intended.

ded to other persons.

§ 2. All the privileges granted by the act to which this Privileges extenis an amendment are hereby granted to Edward Kiernan, of Ottawa, in La Salle county; to Jacob Whitmore of

Joliet, in Will county, and to William H. Hartley, of Mor

gan county.

This act to be in force from and after its passage.
APPROVED June 22, 1852.

1852.

In force June 22, AN ACT amendatory of of an act entitled "an act to incorporate the Ohio and Mississippi Railroad company, and for other purposes," approved February 12th, 1851.

Power to borrow money.

Bonds.

Evidence of ganization ofhcial acts.

or

and

Mails and freight

Increase of stock.

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the Ohio and Mississippi Railroad company are hereby authorized to borrow money, from time to time, on the credit of the company, at any rate of interest not exceeding seven per cent. per annum, as may be agreed on between the parties, for the sole purpose of constructing said road and furnishing the same with cars, locomotives and other machinery necessary to carry on the operations of said company, and may issue its corporate bonds therefor, in denominations of not less than five hundred dollars; and to secure the payment thereof, with the interest that may accrue thereon, may mortgage their corporate property or franchises, or convey the same by deed of trust for said purposes. And they may, by their president or other offi cers or agents, sell, dispose of, or negotiate such bonds or stocks of said company, at such times and places, either within or without the state, and at such rates and for such prices as in their opinion will best advance the interest of said company, and if such bonds or stocks are thus sold at a discount, such sale shall be as valid and binding in every respect as if sold at par value.

2. The certificate of the secretary of said company, under the corporate seal thereof, shall be received in all courts of justice and elsewhere, as evidence of the regular organization of said company under its charter, and of any act or order of the board of directors of said company, and the corporate rights, privileges and franchises of said company as granted are hereby declared to be in full force. and effect, and all causes, if any exist, of forfeiture waived.

§ 3. The said company shall carry and transport the mail of the United States on such terms as may be agreed, and all such freights and passengers as may be offered, if required so to do, on the terms usual with like railroad companies.

§ 4. The capital stock of the company may, from time to time, be increased by order of its board of directors,

when deemed necessary, to any amount not exceeding the estimated cost of constructing and equipping said road, and subscriptions to the increased capital stock may be made, from time to time, on such terms as may be ordered and directed by the board of directors of said company.

§ 5. This act shall be deemed and taken as a public act, and shall be in force from and after its passage. APPROVED June 22, 1852.

AN ACT to change the times of holding court in the tenth judicial circuit. In force June 22,

1852.

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That from and after the passage of this act the November term of the Fulton county circuit court shall be holden on the sec. Fulton. ond Monday in November, in each year, and that the November term of the circuit court of Peoria county shall Peoria. be holden on the third Monday in November, in each year; that all writs and process which may have been or may be Writs, &c. issued and made returnable to the terms of court in said counties, as heretofore required to be holden, shall be deemed and taken to be returnable to said terms of court as required to be holden under this act; and all notices which may have been given, either by publication or otherwise, and all suits or motions now pending, with reference to the terms as heretofore required to be holden, shall, by force of this act, refer to the terms of court as herein raquired to be held, and all proceedings pending in said courts shall be taken up and disposed of as if no alteration! been made in the times of holding said court. APPROVED June 22, 1852.

AN ACT to amend the law relating to contempts of court.

In force Aug. 22, 1852.

discharge

to

per

for contempts.

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That in all Proceedings cases where any person is or shall be imprisoned for any sons committed contempt of court, for the non-perfor rmance of any order or decree for the payment of money, the person so committed may present a petition to the circuit court in the circuit where he is or committed in term time, or the judge thereof in vacation, setting forth his inability to comply

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