Joliet, in Will county, and to William H. Hartley, of Mor- This act to be in force from and after its passage. 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. money. SECTION 1. Be it enacted by the people of the State of Power to borrow 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 officers 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. Bonds. Evidence of ganization oficial acts. and or- 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. Mails and freight Increase of stock. § 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-performance 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 with such crder or decice, or to crdure the corfrement, and thereupon said court or judge slall issue a Wnt of habeas corpus, causing the jersen so imprisoned to be brought before such court or judge, and if it appear, upon ful examination of such prisoner and such witnesses and other evidence as may Le adduced, that he is unable to comply with the order or decree under which he is in prisoned, or to endure the confinement, and that the person cr persons interested in said decree have had reasonable notice of the time and place of trial, that the judge ny, in his discretion, discharge such person from imprisonment; but no such discharge shall operate to release the hen of such order or decice, but the same shall be enforced against the property of such person by execution. APPROVED June 22, 1852. In force June 22, AN ACT to to amend an act incorporating the Fayette Seminary, aj preved February fifeenth, one thousand eight hundred and fifty-one. from 1852. treasury. County SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the board of trustees of said seminary be and they are crcby authorized to draw from the county treasury of the county $200 to be paid of Fayette the sum of two hundred dollars, realized from the sale of lot 1umber seven, in square number thirty five, in the town of Vandalia, and that the sum when so crawn shall be expended by said board for the use and benefit of said seminary, in such way as said board shall direct. Part of act re- § 2. That so much of an art entitled "an act to cispose of the public property in Vandalia," approved February sixth, one thousand eight hundred and forty-thace, as contravenes the provisions of this act, be and the same is hereby repealed. pealed. This act to take effect and be in force from and after its passage. APPROVED June 22, 1852. I force June 22, AN ACT to amend an act entitled "an act to provide for the construction of plank roads by a general law," approved February 12th, 1849. 1852. SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That companies may be incorporated under and by virtue of the act bottoms, &c. to which this is an amendment, for the construction of plank roads across river or creek bottoms liable to over- Plank roads over flow, and when formed they shall be allowed to take toll on the same when completed, as required by the said act, although the distance may be less than two consecutive miles: Provided, that the provisions of said act shall be Proviso. otherwise strictly observed in forming the companies and building said roads. § 2. It shall be lawful for said company to charge and Folls. take such rates of toll on roads across river or creek bottoms built by them, as they may agree upon with the county court of the county in which such roads may lie, and the said courts shall have power to regulate the rates of tolls to be taken by such companies, by an order fixing the same, and entered of record. take stock. § 3. It shall be lawful for counties to become stock- Counties holders in companies formed under this amendatory act, to the amount of one half of the stock of such companies: Provided, that the plank road made or to be made by any Proviso. suci company, shall lie within the county taking stock. § 4 This act to be in force from and after its passage. APPROVED June 22, 1852. may AN ACT to incorporate the Lacon, Wyoming and Toulon Plank Road com General power SECTION 1. Be it enacted by the people of the State of Illinis, represented in the General Assembly, That William Fisher, Silas Ramsey, Ira J. Fenn, Theodore Perry, Gen. Corporators. Thomas, Thomas Henderson, Oliver Waitaker, William Ogle, and their associates and successors, be and the y are hereby constituted a body corporate and politic, to have perpetual succession and existence, to be known as "The Lacon, Wyoming and Toulon Plank Road company," and Style. by that name and style may contract and be contracted with, sue and be sued, plead and be impleaded, as a natural person, and shall be so recognized in courts of law and equity, and have a common seal, alter the same at pleasure, and they shall have power in their corporate name, for the use of said corporation, to purchase and hold such real estate as may be necessary for the free enjoyment of all privileges herein granted, for the purpose of constructing a plank road from the west bank of the Illinois river, at the town of Lacon, in Marshali county, to and through Wyoming, in Stark county, thence to Toulon, in said county, and thence westward to such point as may be designated by said company. By-laws, &c. Capital stock. Commissioners. Directors. How chosen. moneys, &c. § 2. Said corporation may, by their board of directors, make by-laws, rules and regulations for the management of their property, regulation of their affairs and for the transfer of their stock, not inconsistent with the constitution and laws of the United States or of this state; also may erect, keep and maintain one or more warehouses, on or near the west bank of the Illinois river, at or near the eastern terminus of said road. § 3. The capital stock of said company may be fifty thousand dollars, which shall be considered personal property, and be divided into shares of twenty-five dollars each. § 4. That Theodore Perry, Thomas Henderson, William Thomas, Ira J. Fenn and Silas Ramsey, or a majority of them, shall be commissioners for receiving subscriptions to the stock of said company, when and where and after such notice as they or a majority of them shall agree, and they may requi e partial payments thereof, from time to time, before the subscriptions shall all be taken. § 5. The affairs of said company shall be managed by five directors, three of whom shall be a quorum to do and perform the business of said company, who shall be chosen as soon as the sum of fifteen thousand dollars shall be subscribed of the stock of said company. Directors shall continue in office one year and until their successors shall be qualified; they shall be chosen by the stockholders, each of whom may vote personally or by proxy, casting as many votes as each may own s..ares of stock. The first election of directors shall be held at the time and place appointed by the commissioners, and all subsequent elections may be held and regulated according to the by-laws of the company. § 6. Upon the election of directors and organization Delivery books, of their board, the said commissioners shall deliver to said directors, all moneys received by them on subscriptions of stock, and books of subscription and other property of said company. Toll-gates and tola. § 7. The said corporation is authorized, as soon as the board of directors are elected, to commence the construction of said road, and as soon as any two miles thereof shall be completed, may erect toll-gates thereon, and collect the tolls thereon at any rate not exceeding three cents per mile for any vehicle drawn by two horses, and other teams in proportion. The said company may have power Power to borrow to borrow not exceeding twenty-five thousand dollars, in such mode as they may elect, to aid in constructing the said road. money. tion of road. Time for comple- § 8. The said corporation shall be allowed three years from the passage of this act to complete the construction of said road from Lacon to Wyoming, and five years to |