warehouses, tenements, water-craft appliances, and every species of property necessary to carry out the object of their organization and for developing the resources of this state, by mining for coal or other minerals, transporting the same or other products, commodities, passengers or property, from or to their place of business, by land or water; to effect insurance upon their property; to divide their earnings and profits with the stockholders of said company, or to employ their funds in any other lawful

manner.

§ 6. The said company shall keep at the office of their omces, where secretary or treasurer, at the place of their location, well kept. bound and substantial books, in which shall be kept a full and correct record of the names of the stockholders, their place of residence, the amount held by each respectively, the date of the subscription, the amount paid in, and of all transfers of stock, the date of such transfer, from whom and to whom transferred; also a record of all the proceedings of the board of directors, by-laws, rules and regulation made for the government and management of the said company and its business operations; which said books shall be subject to inspection at all reasonable times, during business hours, by any stockholder or creditor of said company, under the penalty of fifty dollars, to be recovered by suit against said company by any person who shall be refused the use and inspection of said books, being a stockholder or creditor of said company, at a proper time and upon request of the officers who may have the said book or books in charge, and at the end of each current year the said board of directors shall cause to be made out a tabular statement, showing the amount of the capital stock paid in, the amount of property owned by the company, real and personal, the amount of debts due to the company, and the amount of the said company's indebtedness, and also showing the profit or loss of said company; which said tabular statement shall be liable and subject to inspection, in the same manner and under the same penalty as is provided in relation to the books of said company. The said company in their corporate name may have their action at law or equity, before any court in this state having jurisdiction of the subject matter, and if the sum demanded be one hundred dollars or less, any justice of the peace shall have jurisdiction as in other cases against any and all persons in debt, damages or other action for the recovery of any debt or other matter, notwithstanding the said person or persons against whom suit is brought, may be stockholders in said company, and the law of partnership shall in nowise apply or be plead in bar or set up in defence of such action. The stock, property and effects of said company shall be liable and subject to execution

Debts.

This act public.

Limitation.

for all debts due or owing by said company to any person or persons, company or corporation, and any transfer or assignment of property made by said company to any person, for the purpose of giving preference to any one or more of its creditors, shall be null and void as against all other creditors of said company. It shall not be lawful for said company at any time to contract debts, or be indebted at any one time in any amount over fifty per cent. of the amount of their capital stock actually paid in, and the directors of said company in office at the time of contracting such debts, and consenting thereto or assenting thereto, by not protesting against such contracting of debts, and giving notice of such protest, shall be jointly and severally liable for all such excess of debts over fifty per cent. of the amount of their capital stock actually paid in as aforesaid.

§ 7. This act shall be taken and considered as a public act, in all courts and places, shall be liberally construed in favor of any and all companies organized by virtue hereof, and shall take effect and be in force from and after its passage.

§ 8. The powers conferred by this act shall not be so construed as to authorize any company organized under the same to enter upon the business of transportation upon any waters within this state, for the purpose of carrying freights and passengers, or passengers only, but the word "transportation," whenever used in this act, shall be so construed as to confine said corporation to the transportation incident to and connected with their mining operations.

APPROVED June 22, 1852.

I force June 21, AN ACT to incorporate the Springfield and Terre Haute Railroad company.

1852.

Corporators.

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That Stephen T. Logan, N. W. Edwards, Thomas H. Campbell, Newton Cloud, Thomas Mather, Jacob Bunn, Pascal P. Enos, N. H. Ridgely, William P. Grimsley, A. Lincoln, Elijah Iles, John Williams, Robert Irwin, William Thomas, William Butler, Chancey Rose, Jacob D. Early, William D. Griswold, Chancey Warren, James Farrington, Richard W. Thompson, Alexander McGregor, John P. Usher, Thomas Nelson, John Brough, Oliver H. Smith, William N. Jackson, John O. Boyle, E. J. Peck, William M. Dunn, Augustus C. French, Elisha H. Starkweather, Uri Manly,

Timothy R. Young, Justin Harlan, William B. Archer, Jonathan K. Greenough, Usher F. Linder, Nathan Ellington, Thomas A. Marshall, William Martin, William 3. Christy, J. W. Ross, James Elder and Isaac Pugh, and their associates, successors and assigns, are hereby created a body corporate and politic under the name and style of "The Style. Springfield and Terre Haute Railroad company," with perpetual succession, and by that name be and they are hereby made capable in law and in equity to sue and be sued, plead and be impleaded, defend and be defended, in any court of law and equity in this state, or any other place; to make, have and use a common seal, and the same to renew and alter at pleasure, and shall be and are hereby vested with all the powers, privileges and immunities which are or may be necessary to carry into effect the purposes and objects General powers. of this act, as hereinafter set forth. And the said company are hereby authorized and empowered to locate, construct, and finally complete a railroad from the city of Springfield, in Sangamon county, by the way of Charleston, in Coles county, and Marshall, in Clark county, in the direction of the city of Terre Haute, in the state of Indiana, by the most direct and eligible route to the east line of the state of Illinois; and for this purpose said company are authorized, upon the most eligible and direct route, to lay out their said railroad, not exceeding one hundred feet in width, through the whole length; and for the purpose of cutting embankments, stone and gravel, may take as much more land as may be necessary for the proper construction of and security of said railroad.

§ 2. The capital stock of said company shall consist of Capital stock. one million of dollars, and may be increased to two million of dollars, to be divided into shares of one hundred dollars each. The immediate government and direction of said company shall be vested in seven directors, who shall be chosen by the stockholders of said company, in the manner hereinafter provided, who shall hold their offices for one year after their election, and until others shall be duly elected and qualified to take their places as directors, and the said directors (a majority of whom shall form a quorum for the transaction of business,) shall elect one of their number to be the president of the company; that said board of directors shall have power to appoint all necessary clerks, secretary, and other officers necessary in the transaction of business of said company.

§ 3. The said corporation is hereby authorized, by their surveys. agents, surveyors and engineers, to cause such examination and surveys to be made of the ground and country between the said city of Springfield and the said east line of the state of Illinois as shall be necessary to determine the most advantageous route for the proper line or course

Right of way.

Proviso.

Penalties.

whereon to construct their said railroad; and it shall be lawful for said company to e:.ter upon and take possession of, and use all such lards and real estate as may be necessary for the construction and maintenance of their said railroad, its depots, side tracts, water stations, engine houses, machine shops, and other buildings and appendages necessary to the construction and working of said road: Provided, that all land or real estate entered upon and taken possession of, and used by said corporation, for the purposes and accommodation of said railroad, or upon which the site for said railroad shall have been located or determined by the said corporation, shall be paid for by said company in damages, if any be sustained by the owner or owners thereof, by the use of the same for the purposes of said railroad, and all lands entered upon and taken for the use of said corporation, which are not donated to said company, shall be paid for by said corporation at such price as may be mutually agreed upon by the said corporation, and the owner or owners of such land; and in case of disagreement, the price shall be estimated, fixed, and recovered in the manner provided for taking lands for the construction of public roads, canals, or other public works, as prescribed by the act concerning right of way, approved March 3, 1845.

§4. If any person shall wilfully, maliciously or wantonly, and contrary to law, obstruct the passage of any car on said railroad, or any part thereof, or anything belonging thereto, or shall damage, break or destroy any part of the said railroad or implements or buildings, he, she, or they, or any person assisting, shall forfeit and pay to said company, for every such offence, treble the amount of damages that shall be proved before any competent court shall have been sustained, and be sued for in the name and behalf of said company, and such offender or offenders shall be deemed guilty of a misdemeanor, and shall be liable to an indictment in the same manner as other indictments are found, in any county or counties where such offence shall have been committed; and upon conviction, every such offender shall be liable to a fine not exceeding five thousand dollars, for the use of the county where such indictment may be found, and may be imprisoned in the county jail for any time not exceeding six months, at the dis

cretion of the court.

Annual meetings § 5. The time of holding the annual meetings of said company, for the election of directors, shall be fixed and determined by the by-laws of said company; and at all meetings, each stockholder shall be entitled to a vote, in person or lawful proxy, one vote for each share of stock he, she, or they may hold bona fide in said company, upon which all instalments called have been paid.

§ 6. The persons named in the first section of this act Commissioners. are hereby appointed commissioners, who, or a majority of whom, after a meeting duly called by thirty days' notice in newspapers published in Springfield and Terre Haute, are hereby authorized to open subscription books for said stock at such places as they may deem proper, and shall keep said books open until five hundred thousand dollars of said capital stock shall be taken. Said commissioners shall require each subscriber to pay five dollars on each share subscribed at the time of subscribing. The said commissioners shall immediately thereafter call a meeting of the stockholders, by giving thirty days' notice in some newspaper printed in the county of Sangamon, and at such meeting it shall be lawful to elect the directors of said company; and when the directors of said company are chosen, the said commissioners shall deliver said subscription books, with all sums of money received by them as commissioners, to said directors. No person shall be a director in said company unless he shall own at least ten shares of the capital stock.

§ 7. That the right of way and the real estate pur- Right of way, &c. chased for the right of way by said company, whether by mutual agreement or otherwise, or which shall become the property of the company by operation of law, as in this act provided, shall, upon the payment of the amount of money belonging to the owner or owners of said land, as a compensation for the same, become the property of said company in fee simple.

§ 8. The said corporation may take and transport upon Transportation. said railroad any person or persons, merchandise or other property, by the force and power of steam or animal, or any combination of them, and may fix, establish, take and receive such rates of toll for all passengers and property transported upon the same as the said directors shall from time to time establish. And the directors are hereby authorized and empowered to make all necessary rules, by-laws, regulations and ordinances that they may deem By-laws. necessary and expedient to accomplish the designs and purposes and to carry into effect the provisions of this act, and for the transfer and assignment of its stock, which is hereby declared personal property and transferable in such manner as shall be provided by the by-laws and ordinances of said company.

§ 9. The directors of said company, after the same is Additional stock. organized, shall have power to open books in the manner prescribed in the sixth section of this act, to fill up the additional capital stock, or any part thereof, at such times as they may deem it for the interest of said company And all the instalments required to be paid on the stock originally to be taken, and what may be taken to increase said