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tions for their government and the direction of their officers,
and prescribe their duties and the management of their
property and affairs.

This act to be in force from and after its passage.
APPROVED June 18, 1852.

AN ACT to vacate certain streets and alleys in the town of Jonesboro.

In force June 18, 1852.

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the alley extending from Broad street to Market street, be- Alley vacated. tween lots No. twenty-three and twenty-four, thirty-four and thirty-five, in Grammar's donation for the town of Jonesboro, be and the same is hereby vacated.

cated.

§ 2. That the portion of said street extending from Part of street vaBroad street north to Market street, in Heacock and McIntosh's addition to the town of Jonesboro, be and the same is hereby vacated.

grounds.

§ 3. That the ground thus vacated shall be sold at Sale of vacated public auction by the sheriff of Union county, upon such terms and at such times as the county court of said county shall determine, and the proceeds of such sale, after defraying all expenses, shall be paid into the county treasury, to be used as other county funds.

§ 4. This act shall be deemed a public act, and shall be in force from and after its passage. APPROVED June 18, 1852.

AN ACT to incorporate the Fox River Valley Railroad company.

In force June 18, 1852.

Corporation.

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That all such persons as shall become stockholders agreeably 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 Fox River Valley Railroad style. company, and by that name shall have succession for the term of years above specified; may sue and be sued, complain and defend in any court of law or equity; may make and use a commun seal and alter the same at pleasure; may

Geneoal powers.

Commissioners.

Capital stock.

Directors.

tal stock.

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 or of the United States, and may in reover appoint such subordinates, agents, officers and servants as the business of the said company may require, prescribe their duties and require bond for the faithful performance thereof.

§ 2. That John Gillilan, William McConnell, H. N. Owen, George Gage, G. W. Early, William Henry, J. A. Carpenter, H. E. Hunt. A. Edwards, Thomas H. Thompson, M. C. Town, George Harvey, George B. Raymond, E S. Wadsworth and B. W. Raymond, be and they are hereby appointed commissioners for the purpose of procuring subscriptions to the capital stock of said com¡ any, whose duty it shall be to open books for subscriptions to the capital stock of said company, giving notice of the time and place when and where said books will be opened, at least thirty days' previous thereto, by publication in some newspaper published in Aurora, St. Charles, Elgin, Woodstock and Chicago. The said commissioners, or a majority of them, shall attend at the place appointed for the opening of said books, and shall continue to receive subscriptions either personally or by such agents as they shall appoint for that purpose, until the sum of twenty-five thousand dollars shall have been subscribed, and as soon as said sum of twenty-five thousand dollars is subscribed, the said commissioners shall give twenty days' notice, by publication in a newspaper published in Aurora, St. Charles, Elgin, Woodstock and Chicago, of an election by said stockholders, of a board of directors, as hereinafter provided, for the management of said company. At such time and place appointed for that purpose, the commissioners, or a majority of them, shall attend and act as inspectors of said election, and the stockholders present shall proceed to elect thirteen directors, by ballot, and the commissioners present shall certify the result of such election under their hands, which certificate shall be recorded in the record book of said company, and shall be sufficient evidence of the election of the directors therein named. The directors thus elected shall hold their office for one year and until their successors are elected and qualified.

§ 3. The capital stock of said company shall be eight Amount of capi- hundred thousand dollars, which shall be divided into shares of one hundred dollars each, and may be increased by the directors of said company to any sum not exceeding one million of dollars, if necessary to complete the works herein authorized, and the same shall be subscribed for and taken under the direction of the board of directors of said company, in such time and place and manner as the

said directors shall, from time to time, direct.

of directors.

The shares in said company shall be deemed and considered as personal property. § 4. The affairs of said company shall be managed by Annual election a board of thirteen directors, to be chosen anı ually 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, and 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 offices for one year after election, and until their successors are elected and qualified, and shall elect one of their number 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 legal 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 electors 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 may be diminished to any number not less than nine, or increased to any number not exceeding fifteen, by a vote of the majority of the stockholders present at any annual meeting.

subscribed.

§ 5. It shall be lawful for the directors to make calls Calls for sums 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 three 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 been 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 em- Object of corpepowered to locate, construct and complete, and to mantain 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 some point on the Galena and Chicago Union railroad, at or near the village of Elgin, east side of Fox river, in the county of Kane-thence through, or as near to as practicable, the village of Dundee, in Kane county, Algonquin, McHenry county, and Richmond, in McHenry county, and thence in a northerly direction to the north line of the

ration.

Right of way.

Proviso.

Power to borrow money.

state of Illinois, and are further authorized to continue said railroad from Elgin, down Fox river, passing through, or as near to as practicable, the villages of Clintonville, St. Charles, Geneva, and intersecting the Aurora Branch railroad at or near the village of Batavia, and 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 prescribe the manner in which said railroad shall be used and the rate of toll for the transportation of persons and 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 purpose of making the necessary surveys and examinations of said road, and to enter upon and take and hold all lands necessary for the construction 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 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 "A right of way" Provided, that after the appraisal of damages as provided in said statute, and upon the deposite of the amount of such appraisals in the circuit court of the county wherein such lands may be situate, the said company are hereby authorized to enter upon such lands for the construction of said road.

§ 8. The said company are authorized and empowered 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 road, and to pay any rate of interest therefor not exceeding ten per cent., and to pledge and mortgage the said road and its appendages, or 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 or on such terms as the board of directors may determine.

&c.

§ 9. Said corporation shall be bound to repair all pub- Repair of roads, 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 said company to unite with Union with other and other railroad company which may have been or may hereafter be incorporated by this state or the state of Wisconsin, 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; also the right to purchase or lease all or any part of any other railroad which is or may be hereafter built in this state or the state of Wisconsin, upon such terms as may be mutually agreed between the said railroad companies.

§ 11. Any person who shall wilfully injure or obstruct Penalties. the said road, or any part of the appendages thereto, shall be deemed guilty of a misdemeanor, and shall forfeit to the use of the company, a sum threefold the amount of the damages occasioned by such injury or obstruction, to be recovered in any action of debt in the name of said company, with costs of suit, before any justice of the peace or before any court of record in this state.

The said company shall be allowed three Limitation § 12. years time. from the passage of this act for the commencement of the construction of said railroad, and in case the same shall not be completed in ten years thereafter, the privileges herein granted shall be forfeited.

struction.

of

§ 13 This act shall be deemed and taken as a public Manner of conact, and shall be construed beneficially for all purposes herein specified or intended.

APPROVED June 18, 1852.

AN ACT to authorize the city of Rockford to borrow money.

In force June 18 1852.

row money.

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the mayor and common council of the city of Rockford be and Authority to bor they are hereby authorized, on the faith and pledge of said city, to borrow a sum of money, not exceeding ten thousand dollars, at a rate of interest not exceeding ten per cent., for

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