ernor. § 4. The governor is hereby vested with power to use Authority to govand apply the proceeds of the tax aforesaid in the purchase of state indebtedness of the description aforesaid, at the lowest price or least sum for which the same can be obtained, and he is vested with power to use all lawful ways and means in executing the provisions of this act. ment. § 5. U Upon the investment of at least nineteen thousand Duplicate statedollars of each sum of twenty thousand dollars, received as aforesaid, the governor shall make out duplicate statements of the indebtedness purchased, setting forth the proper description of such indebtedness, the name of the person or persons from whom it was purchased, and the amount paid for each bond or certificate, and the total amount invested; one of which certificates shall be filed with the state treasurer and the other with the auditor of public accounts. The said indebtedness shall be cancelled by the governor, and delivered, at the time of filing the certificate, to the auditor, who shall indorse on the face of the bond or certificate, in writing, the words "paid out of the two mill tax fund," and sign his name thereto, and the said indebtedness shall then be registered by the auditor in a proper book kept for that purpose and filed in the office of the treasurer of state: Provided, that in ro case after the issuing of the warrant Proviso. for the first twenty thousand dollars, as provided for by this act, shall the auditor issue warrants for any additional sum until the requirements of this section is fully complied with, to the end that a greater sum than seventy-one thousand shall at no one time be paid out and remain unaccounted for. APPROVED June 23, 1852. AN ACT to increase the capital stock of the St. Charles and Warrenville in force June 23, Plank Road company. 1852. tal stock. SECTION 1. Be enacted by the people of the State of Illinois, represented in the General Assembly, That the capital stock of the St. Charles and Warrenville Plank Road Increase of cap company is hereby increased to forty thousand dollars whenever the directors thereof shall deein such increase expedient. And the said company is hereby declared to be legal-Trporation lely incorporated, any irregularity in the manner of incorporation of said company to the contrary notwithstanding. This act to be in force from and after its passage. APPROVED June 23, 1852. galized. In force Aug. 22, AN ACT to give validity to grants and conveyances by the board of trustees of the Illinois and Michigan canal. Deeds 1852. to record with SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That all admitted deeds, title papers and agreements and contracts affecting out proof or ac- the title to real estate in this state, heretofore executed or knowledgment. which may hereafter be executed by the board of trustees of the Illinois and Michigan canal, under the seal of said board, shall be admitted to record without proof or acknowledgment of the execution thereof, and the same having the seal of said board thereto attached, shall be admitted in evidence in all courts without further proof; and the transcript of the record thereof, duly certified, shall be admitted in evidence without further proof, in same manner as deeds duly acknowledged and recorded are. APPROVED June 23, 1852. In force Aug. 22, 1852. Corporators. Style. AN ACT to incorporate the Southern Illinois Railroad company. SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That Hazzard Wilson, S. B. Coruth, Joshua Allen, D. Y. Bridges, A. J. Kuykendall, I. N. Pearce, Anderson P. Corder, John Calbert, Willis Allen, W. A. Denning, Samuel K. Casey, William K. Parrish, and such persons as shall become stockholders agreeable to the provisions of this act, in this corporation hereby created, shall be, and for the term of sixty years from and after the passage of this act shall continue to be, a body corporate and politic, by the name of "The Southern Illinois Railroad company," and by that name shall have succession for the term of years above specified; may sue and be sued; make and use a common seal, and General powers. alter the same at pleasure; may make by-laws, rules and regulations for the management of property, the regulation of its affairs and for the transfer of its stock, not inconsistent with the existing laws and the constitution of this state and of the United States, and moreover, appoint such subordinate agents, officers and servants as the business of said company may require, prescribe their duties and require bond for the faithful performance thereof. Subordinates. Commissioners. § 2. That Samuel B. Coruth and William McBane, of Massac county; Isaac N. Pearce and Andrew J. Kuykendall, of Johnson; James M. Campbell and Robert McHandly, of Williamson county, and William R. Browning and Tilman B. Cantrill, of Franklin county, be and are hereby appointed commissioners for the purpose of procuring sub scriptions to the capital stock of said company, whose duty § 3. The capital stock of said company shall be three Capital stock. hundred thousand dollars, which shall be divided into shares of fifty dollars each, and may be increased by the directors of said company to any sum not exceeding one hundred dollars per share, if necessary to complete the work authorized, and the same shall be subscribed for and taken under the direction of the board of directors of said company, in such time, place and manner as the said directors shall from time to time direct. The shares in said company shall be deemed and considered as personal property. election. § 4. The affairs of said company shall be managed by Directors, of their a board of seven directors, to be chosen annually by the stockholders from among themselves. At all elections for directors each stockholder shall be entitled to one vote for each share held by him, and may vote either personally or by proxy, and a plurality of the votes given at any election shall determine the choice, but no stockholder shall be allowed to vote at any election after the first, for any stock which shall have been assigned to him within thirty days previous to said election. The directors shall hold their office for one year after election and until their successors are elected and qualified, and shall elect one of their num esident. acancies. Ils for subscrip cons. ojects of cororation. owers, &c. Eight of way. ber president of said board, and in case of any vacancy occurring in said board of directors between elections, the same may be filled by the board at any regular meeting of the directors, and the person so elected to fill the vacancy shall hold his office until the next annual meeting of the stockholders. In case of the absence of the president of the board the directors shall have power to elect a president pro tempore, who shall exercise for the time being all the legal powers of the president of said company. The said board of directors shall be increased by vote of a majority of the stockholders present at any annual meeting, to any number not exceeding fifteen. 5. It shall be lawful for the directors to make calls upon the sums subscribed to the capital stock of said company, at such time or times and in such amounts as they shall deem fit, giving at least thirty days' notice of each of said calls, in at least two public newspapers published in this state, and in case of failure on the part of any stockholder to make payment of any call made by said directors for sixty days after the same shall have become due, the said board of directors are hereby authorized to declare said stock so in arrears, and all sums paid thereon, forfeited to said company. § 6. The said company are hereby authorized and empowered to locate, construct and complete, and to maintain and operate a railroad, with a single or double track, and with such appendages as may be deemed necessary by the directors for the convenient use of the same, from Metropolis city, in Massac county, by the way of Vienna, in Johnson county; Marion, in Williamson county; Benton, in Franklin county; thence to a point where it may intersect a railroad now about being built, running north and south at or near where it crosses the base line, and are further authorized to survey and determine the line of said road upon such route, between said points, as the said company shall deem most eligible; and the said company are further authorized to use and operate said railroad, and shall have power and authority to regulate the time and manner in which goods, effects and persons shall be transported on the same, and to proscribe the manner in which said railroad shall be used, and the rate of toll for transportation of persons or property thereon, and for the storage of merchandise and other property under their charge, and shall have power to provide all necessary stock and material for the operation of said road, and shall have power to erect and maintain all necessary depots, stations, shops, and other buildings and machinery for the accommodation, management and operation of said road. § 7. The said company are hereby authorized, by their engineers and agents, to enter upon any lands for the pur pose of making the necessary surveys and examination of said road, and to enter upon and take and hold all lands necessary for the continuation of the said railroad and its appendages, first making just and reasonable compensation to the owners of said lands for any damage that may arise to them from the building of said railroad, and in case the said company shall not be able to obtain the title to the lands through which the said road shall be laid, by purchase or voluntary cession, the said company are hereby authorized to proceed to ascertain and determine the damages sustained by such owner or owners in the manner and upon the principles provided by the ninety-second chapter of the Revised Statutes of this state, entitled "Right of Way," upon the principles of any laws which may be hereafter found upon that subject: Provided, that after the appraisal of damages as provided in said statutes, and upon deposit of the amount of such appraisal in the circuit court of the county wherever such lands may be situated, the said company are hereby authorized to enter upon such lands for the construction of said road. money. § 8. The said company are authorized and empowered Power to borrow to borrow, from time to time, such sum or sums of money, not exceeding the capital stock of the company, as in their discretion may be deemed necessary, to aid in the construction of said work, and to pay any rate of interest therefor, not exceeding ten per cent., and to pledge and mortgage the said road and its appendages, cr any part thereof, or any other property or effects, rights, credits or franchises of the said company, as security for any loan of money and interest thereon, and to dispose of the bonds issued for such loan, at such rate and on such terms as the board of directors may determine. § 9. Said corporation shall be bound to repair all pub- Repairs. lic highways, bridges and water courses which may be injured in constructing the said railroad or its appendages, and shall restore them as far as practicable to as good a condition as they were before they were injured. roads. § 10. It shall be lawful for the said company to unite Union with other with any other railroad company which may have been or may hereafter be incorporated by this state, and to grant to any such company the right to construct and use any portion of the road hereby authorized to be constructed, upon such terms as may be mutually agreed between the said companies. § 11. Any person who shall wilfully injure or obstruct penalties. the said road, or any of the appendages thereto, shall be deemed guilty of a misdemeanor, and shall forfeit to the use of the company a sum three-fold the amount of the damage occasioned by such injuries or obstruction, to be recovered in an action of debt, in the name of said company, |