Vacancies.

Proceedings to obtain right of way.

Intersection of other roads.

Proviso.

capital shall be paid at such times and in such sums as said directors may prescribe.

§ 10. In case of the death, resignation or removal of the president, vice president or any director, at any time between the annual elections, such vacancy may be filled for the remainder of the year, whenever they may happen, by the board of directors; and in case of absence of the president and vice president, the board of directors shall have power to appoint a president pro tempore, who shall have and exercise such powers and functions as the by-laws of the said corporation may provide. In case it should at any time happen that an election shall not be made on any day on which, in pursuance of this act, it ought to be made, the said corporation shall not for that cause be deemed dissolved, but such election shall be held at any other time directed by the by-laws of said corporation.

§ 11. That when the lands of any femmes coverts, persons under age, non compos mentis, or out of this state, shall be taken in the construction of said railroad, as is provided by this act, the said corporation shall pay the amount that shall be awarded as due to the last mentioned owners, respectively, whenever the same shall be lawfully demanded, together with six per cent. per annum; that to ascertain the amount to be paid to persons named in this section, for lands taken for the use of said corporation, it shall be the duty of the governor of this state, upon notice given to him by the said corporation, to appoint three commissioners, to be persons not interested in the matter, to be determined by them, to determine the damages which the owner or owners of the land or real estate, so entered upon by the said corporation, has or have sustained by the occupation of the same. And it shall be the duty of said commissioners, or a majority of them, to deliver to said corporation a written statement of the award or awards. they shall make, with a description of the land or real estate appraised, to be recorded by the said corporation in the clerk's office in the county in which the land or real estate so appraised shall be, and then the said corporation shall be deemed to be seized and possessed of the fee simple of all such lands or real estate as shall have been appraised by the said commissioners.

12. Whenever it shall be necessary, for the construction of said railroad, to intersect or cross a track of any other railroad, or any stream of water or water course, or road or highway 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 restore the railroad, stream of water, water course, road or highway thus intersected or crossed, to its former state or

in a sufficient manner not materially to impair its useful

ness.

roads.

§ 13. Said company shall have the power to unite its Union with other railroad with any other railroad now constructed, or which may hereafter be constructed, within this state or the state of Indiana, upon such terms as may be mutually agreed upon between the companies so connecting; and for that purpose, full power is hereby given to said company to make and execute such contracts with any other company as will secure the objects of such connection: Provided, that Proviso. the Central Railroad shall not run upon the line or track of the road constructed by the company hereby incorporated, except at points of crossing or intersecting the same.

money.

§ 14. Said company is hereby authorized, from time to Power to borrow 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 denominations of not less than five hundred dollars, bearing a rate of interest not exceeding seven per centum per annum, for any amount so borrowed, and to mortgage the 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 bond-holder 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 such bonds that may be made at less than their par value shall be good and valid and binding upon said corporation as if such bonds had been sold for the full amount thereof.

pas

Width of road.

Commencement.

§ 15. The width of said railroad is to be determined by the said corporation, within the limits prescribed by the first section of this act. § 16. This act shall be in force from and after its sage; and said company shall commence said work within two years, and complete the same within five years from the passage of this act: Provided, that there shall be a simulta- Proviso. neous commencement of the work at each terminus of said road, and an equal rate of expenditure of money. APPROVED June 22, 1852.

10

1852.

In force June 22, AN ACT to amend an act entitled "an act to amend an act to incorporate the Rock Island and La Salle Railroad company," approved February 7, 1851.

Relocations au thorized.

Right of way.

Certified copies of

dence.

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the Chicago and Rock Island Railroad company is hereby authorized, from time to time, to relocate and reconstruct any parts or portions of its said road west of the Fox River Feeder, in the town of Ottawa, in La Salle county, and between it and the city of Peru, and for that purpose may procure the right of way on any part so relocated, in the manner pointed out in the acts incorporating said company.

§ 2. That copies of all papers, books or proceedings papers to be evi- whatsoever, or parts thereof, appertaining to the transactions of said railroad company as to the original organization thereof by the commissioners, certified to be true copies by the clerk or secretary of said company or the keeper of said books, under the seal of said company, the said clerk, secretary or keeper also certifying that he is the keeper of the originals of which he gives copies, shall be received as prima facie evidence of the facts so certified, in all courts in this state, in all suits and proceedings pending before them, without other proof of the identity of said clerk, secretary or keeper of said seal.

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

In force June 22, AN ACT to amend the law condemning right of way for purposes of internal improvement.

1852.

of way.

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That when Petition for right any public road, railroad, plank road, turnpike road, canal, or other public work, shall have been located by any officer or agent of the state, or of any county, or any person, or corporation vested with power to take and apply private property in the construction or use of such road, canal or other work, or for any purpose connected with the same, such as constructing bridges, dams, locks, embankments, excavations, spoil-banks, turn-outs, depots, engine houses, shops, turn-tables, boat yards, wharfs, or docks, and the right or title to property required for any such uses or purposes cannot be obtained by purchase, a petition shall be filed in the clerk's office of the circuit court of each county through which the location aforesaid is made, setting forth, by reference, the authority to construct the work, and the right to take and apply private property, and if the right of

way only is desired, describing by its numbers, or other appropriate description, each lot or parcel of land over or across which such right is desired; or if property is required for all or any of the other purposes herein specified, stating such purpose, and describing the property so required; and in either or both cases, stating the names of all persons interested, as owners or otherwise, in the property to be affected, if known, or if not known, stating that fact, and requesting such court to cause to be ascertained the compensation to be made to each owner of or person interested in property required as aforesaid, and upon payment thereof, to require a conveyance or release of the same, or that by an order or orders of court the right and title be invested in the state, county, corporation or other person in whose name or behalf the petition is filed, to be applied and used for the purposes stated in the petition.

§ 2. Upon the filing of the petition aforesaid, and giving Proceedings. persons interested in the property required reasonable notice thereof, and of the time and place of making the application herein provided for, the petitioner in person, or by attorney, may apply to the judge of said court, or to the judge of the county court, or either of the associate justices of the last named court, to appoint commissioners to fix the compensation to be made to the parties interested as aforesaid, for the right of way over or across land, and for land required for any of the other purposes herein expressed, as well as to assess the damages which may result from the construction and use of the road, canal, or other contemplated work. Upon the hearing of which application, and each of the parties notified as aforesaid, as well as those not notified, who may appear, the said judge or associate justices shall select and appoint three disinterested freeholders of the county commissioners to fix compensation and Commissioners. assess damages, according to the prayer of the petition, and also fix the time and place of their first meeting. And upon notices given as aforesaid, from time to time, or the appearance of parties without notice, the same, or other commissioners, shall be appointed to act with reference to parties, as they are notified or appear as aforesaid, until action shall be had with reference to all the parties and matters named in the petition: Provided, that reasonable Proviso. notice of the time and place of making application for the appointment of commissioners shall be five days, and one day in addition for every twenty miles' travel, from the residence of the party to the place of making application. § 3. Notices of the filing petitions and making applications for the appointment of commissioners, in respect to Service of notices lands owned in whole or in part by infants, shall be served on the guardian; or if they have no guardian, on the infants and persons with whom they reside; and with respect to

Proviso.

Commissioners,

lands owned as aforesaid by idiots, lunatics or distracted persons, on the conservator, if they have any, if not, then on the person under whose care or charge they may be found; and with respect to lands owned by femmes covert, on the husbands as well as the owner; and notices to nonresidents of the county, and persons whose names are unknown, shall be published in some public newspaper published in the county, if any, or if not, in the nearest paper to such county, for three weeks in succession, before the day of making the application aforesaid. And notices so served or published, shall be sufficient to authorize the appointment and action of the commissioners as herein provided for: Provided, if such railroad or other public work shall be located on land the property of the state, the right of way, not exceeding one hundred feet in width, is hereby granted to such company, corporation or individual.

§ 4. Commissioners may be appointed in term time by when appointed the circuit court, or in vacation by the judges or justices aforesaid, upon the service or publication of notice being proved by affidavits, to be filed and constitute a part of the record of the proceedings. Upon applications for appointment in vacation, copies of the petition, filed as aforesaid, shall be used, and the order of the judge or justice shall be indorsed thereon, and the same delivered to the commissioners, to guide them in their action, and show the extent of their authority.

be sworn.

To view premises.

Commissioners to § 5. Commissioners appointed as aforesaid shall be sworn before some officer having power to administer oaths, "to faithfully and impartially execute the duties required of them, according to their best judgment and understanding, and to make all their estimates and assessments according to law." And upon being sworn as aforesaid, they shall meet at the time and place fixed by the court, or judge or justices aforesaid, and proceed without delay, upon view and inspection of the premises, as well as upon hearing the allegations and testimony of the parties interested, to fix the compensation to be made to each party or owner of lands to be taken and used as the way on which the road, canal or other work shall be constructed and pass, also for lands taken and used for any of the other purposes specified in this act; and also estimate and assess the damages sustained by any person or persons, by reason of the construction and use of the work specified in the petition, taking into consideration and estimating the benefits and advantages to the parties resulting from the construction and use of the road, canal, or other improvement: Provided, the said commissioners shall not estimate any benefits or advantages which may accrue to lands affected in common with adjoining lands, on which such road or canal or other work does not pass.

Proviso.