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Borrowing money.

or failing to comply with the provisions of section one (1) of this Act, within ninety (90) days after the taking effect of this Act, shall, upon conviction thereof, be fined in any sum not less than one thousand dollars ($1,000), nor more than two thousand dollars ($2,000). In case any such railroad corporation shall fail to comply with the provisions of said section one (1) within six months after the taking effect of this Act, it shall, upon conviction thereof, be fined in any sum not less than two thousand dollars ($2,000), nor more than four thousand dollars ($4,000); and for every| year after the taking effect of this Act, any such railroad corporation shall fail to comply with the provisions of said section one (1), it shall, upon conviction, be fined not less than four thousand dollars ($4,000): Provided, that in all cases under this Act either party shall have the right of trial by jury.

32. § 3. The fines hereinbefore provided for may be Fines recovrecovered in action of debt in the name of the People of the State of Illinois.

33. 4. It shall be the duty of the Railroad and Warehouse Commissioners to personally investigate and ascertain whether the provisions of this Act are violated by any railroad corporation in this State; and whenever the facts in any manner ascertained by said commissioners, shall, in their judgment, warrant such prosecution, it shall be the duty of said commissioners to immediately cause suit to be commenced and prosecuted against any railroad corporation which may violate the provisions of this Act. Said suits and prosecutions may be instituted in any county in this State, through or into which the line of the railroad corporation sued for violating this Act may extend. And such Railroad and Warehouse Commissioners are hereby authorized to employ counsel to assist the Attorney General in conducting such suit on behalf of the State. No such suits commenced by said commissioners shall be dismissed, except said Railroad and Warehouse Commissioners and the Attorney General shall consent thereto.

34. 5. All fines recovered under the provisions of this Act shall be paid into the county treasury in the county in which the suit is tried, by the person collecting the same in the manner now provided by law, to be used for county purposes.

ered in action for debt.

Duty of commissioners.

Fines to be used for county purposes.

AN ACT to enable railroad companies to borrow money and to mortgage their property and franchises therefor. [Approved May 7, 1873; in force July 1, 1873.

money by

35. 1. Be it enacted by the People of the State of Borrowing § I. Illinois, represented in the General Assembly: That every companrailroad company organized under any law or laws of this State, in force before the first day of March, A. D. 1872, is

ies formed before March 1, 1872.

Borrowing money.

hereby empowered from time to time to borrow such sums of money as may be necessary for completing, furnishing, improving or operating any such railroad and to issue and dispose of its bonds for any amount so borrowed and to mortgage its corporate property and franchises to secure the payment of any debt contracted by such corporation for the purpose aforesaid; but the concurrence of the holders of two-thirds in amount of the stock of such corporation—to be expressed in the manner hereinafter provided-shall be necessary to the validity of any such mortgage; and the order or resolution for such mortgage shall be recorded as provided in this Act; and the directors of such corporation shall be empowered in pursuance of any such order or resolution, to confer on any holder of any bond, for money so borrowed as aforesaid, the right to convert the principal due or owing thereon into stock of such corporation at any time not exceeding ten years after the date of such bond, under such regulations as may be provided in the by-laws of such corporation. 36. § 2. The concurrence of the holders of at least two-thirds in amount of the capital stock of such corporaholders ex- tion in the creation of any such debt and the execution of any such mortgages shall be made manifest by the votes cast by such stockholders in person or by proxy, on the passage of appropriate orders or resolutions at a meeting of the stockholders of such corporation, called by the directors thereof for such purpose.

How concurrence of stock

pressed.

Notice of meeting.

Resolutions, etc.. recorded.

37. 3. The directors of such corporation shall give notice of such meeting by causing written or printed notices thereof to be either personally served upon or duly mailed (postage prepaid) to such stockholders whose names and address shall be known to said directors, such notice to be so mailed at least 60 days before the time fixed for such meetings. The said notices shall state the time and place for such meeting and the purpose thereof, as well as the amount of the proposed indebtedness. The said directors shall also cause like notices to be inserted in some newspaper published in each county through which said road shall run (if any newspaper shall be published therein), at least 60 days prior to the day appointed for such meeting.

38. 4. When such meeting shall be held, the resolution or order authorizing the creation of such indebtedness, and the execution of the mortgage to secure the same, together with the result of the vote thereon, shall be recorded in the office of the recorder of deeds of each county through which said road shall run, and shall also be recorded in the loffice of the Secretary of State.

Railroads Consolidation.

RAILROADS CONSOLIDATION.

[Approved

may

roads consolidate, and how.

AN ACT to provide for the consolidation of certain railroad corporations. June 14, 1883; in force July 1, 1883. L. 1883, p. 124; Legal News Ed., p. 101. 39. § I. Be it enacted by the People of the State of What railIllinois, represented in the General Assembly: Whenever any railroad which is situated partly in this State, and partly in one or more other states, and heretofore owned by a corporation formed by consolidation of railroad corporations of this and other states, has been sold pursuant to the decree of any court or courts of competent jurisdiction, and the same has been purchased as an entirety, and is now, or hereafter may be, held in the name or as the property of two or more corporations incorporated respectively under the laws of two or more of the states in which said railroad is situated, it shall be lawful for the corporation so created in this State to consolidate its property, franchises and capital stock with the property, franchises and capital stock of the corporation or corporations of such other state or states in which the remainder of such railroad is situated and upon such terms as may be agreed upon between the directors, and approved by the stockholders owning not less than twothirds in amount of the capital stock of such corporations. Such approval may be given by the stockholders of such corporations of this State at any time, in writing or by vote at any annual or special meeting, upon 60 days' notice given by publication in any newspaper published in the county where the general office of such company is situated, and such meeting is to be held: Provided, that no consolidation shall take place with any railroad owning a parallel or competing line; and a majority of the directors of such consolidated company shall be citizens and residents of this State, and where the line of the road of the original company has been located in this State and aid in the construction thereof voted by any municipality by way of subscription or donation and received by the company and the road as so located not yet completed, then the consolidated company shall have no power or right to change such line as so located so as to make the same substantially different from the line so located at the time the aid was voted.

dation to

40. 2. Such consolidation shall take effect upon the When consolifiling and recording of such articles of consolidation in the take effect. office of the Secretary of the State of Illinois, and a certified copy thereof in the office of the recorder of the various counties in which said rai'road is situated. A certified copy of such articles of consolidation, under seal of the Secretary of State, shall be deemed and taken to be prima facie evidence of the existence of such consolidated corporation. 41. § 3. Such consolidated corporation shall at all times keep a general office within this State, at which shall

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List of stockhold er s Rights saved.

Consolidation-Contracts.

be kept a complete list of all stockholders of such corporation, their places of residence, the amount of stock owned by each, and where the stock of such corporations may be registered and transferred: Provided, that nothing contained in this bill shall be construed to impair or affect the rights of any party holding unsettled claims against any of the corporations to be consolidated.

AN ACT authorizing railroad companies in consolidating so as to form an interstate line to fix the terms and conditions of such consolidation and to retire their preferred stock, and to provide for the issue of the new preferred stock and fix the par value thereof. [Approved and in force June 17, 1893. L. 1893, p. 166; Legal News Ed., p. 116.

Agreement for

tion.

42. SI. Be it enacted by the People of the State of consol i da-Illinois, represented in the General Assembly: That when any railroad company, formed by the consolidation of a company or companies of this State with a company or companies of any other state or states, shall make a further consolidation with a company or companies of another state or states owning a continuous and connected but not competing line, the constituent companies shall have power to fix by the agreement for such consolidation the terms and conditions upon which the same shall be made, which terms and conditions may include the payment or retirement of the preferred stock of either or both of the constituent companies, if they have such. And in case the new company shall issue preferred stock, the par value of the shares thereof may be fixed by the agreement of consolidation or by the resolution for the issue thereof without regard to the par value of shares of the common stock of such company.

Emergency.

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43. 2. Whereas, an emergency exists for the immer diate taking effect of this Act, therefore the same shall take effect and be in force from and after its pass

money.

Operat i ve property.

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AN ACT to enable railroad companies to enter into operative contracts and to borrow [Approved February [*807] 12, 1855. Pr. L. 1855, p. 304. 44. I. All railroad companies incorporated or organcontractsized under, or which may be incorporated or organized under the authority, of the laws of this State, shall have power to make such contracts and arrangements with each other, and with railroad corporations of other states, for leasing or running their roads or any part thereof; and also to contract for and hold in fee simple or otherwise, lands or buildings in this and other states for depot purposes; and also to purchase and hold such personal property as shall be necessary and convenient for carrying into effect the object of this Act.

Use of bridges-Lessees, etc.

45. § 2. All railroad companies incorporated or organ- Connections.

ized, or which may be incorporated or organized as aforesaid, shall have the right of connecting with each other, and with the railroads of other states, on such terms as shall be mutually agreed upon by the companies interested in such connection.

[3. repealed. See "Statute," chap. 131, § 5.

AN ACT to facilitate travel and transportation. [Approved and in force Feb. 25, 1867, L. 1867, p. 174.

46. § I. Railroads terminating, or to terminate at any use of bridge. point on any line of continuous railroad thoroughfare where there now is or shall be a railroad bridge for crossing of passengers and freight in cars over the same as part of such thoroughfare, shall make convenient connections of such railroads, by rail, with the rail of such bridge; and such bridge shall permit and cause such connections of the rail of the same with the rail of such railroads, so that by reason of such railroads and bridge, there shall be uninterrupted communication over such railroads and bridge as public thoroughfares. But by such connection no corporate rights shall be impaired.

AN ACT relating to lessees in this State of railroads in adjoining states. [Approved March 30, 1875; in force July 1, 1875. L. 1875, p. 96; Legal News Ed., p. 102.

powers

and

of

purchasing from lessees.

47. I. That all railroad companies incorporated or Rights organized or which may be incorporated or organized under the laws of this State, or of this and any adjoining state (or of any adjoining state), which now or at any time hereafter may be, in possession of or operating connecting railroads in this State or states adjoining this State under lease in perpetuity or for a period of not less than 20 years, shall have power to purchase or sell the remaining interests, property and franchise of the lessors of such railroads situated in this or in such adjoining states, on such terms and conditions as may be agreed upon by the parties or their assigns to such lease: Provided, that the railroad company which purchases any railroad in this State shall operate such road and hold such property and franchises subject to all the rights, privileges, duties and obligations prescribed by the general railroad laws of this State enacted or which shall hereafter be enacted for the regulation, government, taxation or control of the railroads organized or which may be organized under the laws of this State: And, provided, further, that this Act shall not be construed so as to permit

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