served upon the owners personally or by publication, as provided in section fifteen of this act.

married women non-residents,

&c. rep

§ 19. In case any lands described in the petition shall be owned Lands owned by by any married woman, infant, idiot, or insane person, or by a non-resident of the state, and no person legally authorized to resent him, her, or them, shall appear, the circuit court shall appoint some competent and suitable person, having no interest adverse to the owner, to take care of the said owner's interest in the proceedings to assess damages to be paid to the owner. And all Notice. such notices as in the further progress of the case are required to be served on any owner, shall be served in like manner on the person so appointed, but any person so appointed may at any time be superseded by the owner.

Circuit court.

§ 20. Cases of assessment of damages, except so far as is otherwise provided by this act, shall be conducted in the circuit court, according to the rules of practice of said court, so far as such rules are applicable. The jury, after hearing the evidence and the par- verdict of Jury. ties, shall, by a verdict, ascertain and determine the damages which the owner of any lands will sustain over and above the value the owner will derive from the construction of the road, and also the amount that ought to be paid to him for the time spent and the necessary expenses incurred by him in the proceeding to assess damages, to be paid by the company. Such verdict shall be in writing, signed by the jury, and shall contain a particular description of the land in respect to which it is found, and be entered of record. The court may, in its discretion, on the application of the company, direct two or more similar cases standing for trial at the same term, to be submitted to the same jury.

to pay.

§ 21. Within thirty days after the rendition of any such verdict, Duty of company or if a new trial be granted, or any appeal taken, within thirty days after the final trial, or decision in the appellate court, or within thirty days after the assessinent of damages by the county court, if made by that court, the company shall pay to the person entitled to receive the same, the amount awarded by the county court, if tried by consent of that court, or awarded by the jury if tried in the circuit court, or shall make a legal tender thereof to him; and the company may thereupon enter upon the lands in respect to which an assessment of damages has been made, and take and hold the same so long as it shall be used for the purposes of such a road as such company was formed to construct.

by affidavit.

§ 22. If any any person be not a resident of this state, or can- Non-resident not be found therein after diligent search, the company may furnish may be proven to the county judge satisfactory proof, by affidavit, of such fact, and he shall thereupon make an order that the amount to be paid to the owner shall be deposited with the county treasurer of the county in which the lands lie, for the use of the owner, and notice of Notice. such payment to be given by publication for four successive weeks in some newspaper published in said county, or if none be published in said county, in the nearest newspaper. Upon satisfactory proof being made to the judge, by affidavit, of such payment to the county treasurer, aud publication, he shall make an order authorizing the company to take possession of the land in respect to which the damages have been thus assessed and deposited, under which order the company may enter upon, take, and hold such land in the same manner, and with the same effect, as if pay

constructed.

ctors.

Dath.

to be ined.

ensation.

tify.

erect toll

5.

of toll.

ment had been made to the owner personally. The orders and affidavits made under this section shall be filed in the office of the clerk of the county court.

§ 23. Every plank road made by virtue of this act shall be so constructed as to make a secure and permanent road, the track of which shall be made of plank, and in such manner as to permit wagons and other vehicles conveniently and easily to pass each other, and also so as to permit all vehicles to pass on and off where such road is intersected by other roads.

§ 21. In each county in this state in which there shall be any plank road constructed by virtue of this act, the county court shall appoint three inspectors of such roads, who shall not be interested in any plank road, and who shall hold their offices during the pleasure of the court. Before entering on their duties they shall take an oath faithfully to perform the duties of their office, and file the same in the office of the clerk of county court.

§ 24. Whenever any such company shall have completed their road, or any two consecutive miles thereof, application may be made to any two of the inspectors, to be appointed as aforesaid by the court of the county in which the road, or the part thereof to be inspected, is constructed, to inspect the same; which inspectors shall be allowed two dollars per day for the time necessarily employed, to be paid by the company whose road they inspect; and if they find the road is so inspected, or two or more miles thereof, is constructed according to the true intent and meaning of this act, and is fit for use, they shall sign a certificate to that effect.

§ 26. Upon filing a certificate as aforesaid of the inspectors, or two of them, in the office of the clerk of the county court, the company may erect one or more toll-gates upon the road, and may demand and receive toll, not exceeding the following rates: For every vehicle drawn by one annimal, two cents per mile; for every vehicle drawn by two animals, three cents a mile; for every vehicle drawn by more than two animals, three cents a mile, and one half cent additional a mile for every animal more than two; for every ten of neat cattle, one cent a mile; for every ten of sheep or swine, one cent a mile; and for every horse and rider, or led horse, one cent per mile.

§ 27. The stockholders of every company incorporated under this act, shall be liable in their individual capacity for the payinent of the debts of such company, for an amount equal to the amount of stock they severally have subscribed or hold in said company, over and above such stock, to be recovered of the stockholder who is such when the debt is contracted, or of any subsequent stockholder; and any stockholder who may have paid any demand against such company, either voluntarily or by compulsion, shall have a right to resort to the rest of the stockholders liable for contribution. The dissolution of any company shall not release or affect the liability of any stockholder, which may have been incurred before such dissolution.

§ 28. The debts and liabilities of any company formed under ty of stock- this act shall not exceed in amount, at any one time, fifty per cent. of the amount of its capital actually paid in; and if such debts and nt of debts liabilities shall at any time exceed such amount, the stockholders who were such at the time any excess of debts or liabilities shall be created or incurred, shall be jointly and severally individually

mpany.

liable for such excess, in addition to their other individual liability

as provided in this act.

execution.

and

§ 29. In any action against any company formed under the pro- Parties to suits. visions of this act, the plaintiff may include as defendants any one or more of the stockholders of such company, who shall, by virtue of the provisions of this act, be claimed to be liable to contribute to the payment of the plaintiff's claim; and if judgment be given against such company, in favor of the plaintiff, for his claim, or any part thereof, and one or more stockholders so made defendants shall be found to be liable as aforesaid, judgment shall be given against him or them, and shall show the extent of his or their liabilities individually. The execution upon such judgment shall direct the Judgment collection of the sum for which it may be issued, of the property of such company liable to be levied upon by virtue thereof; and in case such property sufficient to satisfy the same cannot be found, that the deficiency, or so much thereof as the stockholders who shall be defendants in such judgment shall be liable to pay, shall be collected of the property of such stockholders respectively. And if in any such action any one or more of such stockholders shall be found not to be liable for the demand of the plaintiff, or any part thereof, judgment shall be given for the stockholders so found not to be liable, but no verdict or judgment in favor of any such stockholders shall prevent the plaintiff in such action from proceeding therein against the company alone, or against the company and such defendants who are stockholders as shall be liable for such

demand, or some portion thereof. Suits may be brought against one or more stockholders who are claimed to be liable for any debt owing by the company, or any part of such debt, without joining the company in such suit; but no such suit shall be so brought until judgment on the demand shall have been obtained against the company, and execution thereon returned unsatisfied in whole or in part, or the company shall have been dissolved, and in such suit there may be a verdict and judgment in favor of any defendant not liable as aforesaid, but such verdict and judgment shall not prevent the plaintiff in such suit from proceeding therein against any defendant who shall be liable as aforesaid.

Satisfaction execution.

§ 30. Where any services shall be rendered by any officer or Fees for servi person in proceedings under this act, and no specific fees have been fixed by law, the compensation to be paid by the company to such officer or person shall be taxed by the court under whose direction the services may have been rendered.

§ 31. Any plank road, and its appurtenances, that may be con- Taxation. structed by virtue of this act, shall, for revenue purposes, be deemed real estate, and be liable as such to taxation.

of

§ 32. All companies formed under this act shall, for any viola- Forfeiture of cortion of its provisions, to be determined by a judicial investigation, porate privileges forfeit its corporate privileges. Such companies shall at all times. be subject to visitation and examination by the legislature, or a committee appointed by either house thereof, or by any officer or agent in pursuance of law.

if in

§ 33. Every company incorporated under this act shall cease to Company to cease be a body corporate, if within two years from the filing of their ar- not operaticles of association they shall not have commenced the construction of their road, and actually expended thereon at least ten per cent. of the capital stock of such company; or if within five years

County court au

stock.

from such filing of the articles of association such road shall not be completed according to the provisions of this act.

§ 34. The county court of any county is hereby authorized to thorized to take subscribe to the stock of any plank road lying in said county, to an amount not exceeding one-third of said stock, and such county shall be subject to all the liabilities and have all the rights of a stockholder, as provided by this act.

APPROVED February 12, 1849.

Commissioners in
Tazewell co.

AN ACT to provide for the location of certain state roads therein named.

SECTION 1. Be it enacted by the people of the state of Illinois, re· presented in the General Assembly, That William Doolittle, of Tazewell county, and Robert Downing, of Logan county, and Edwisten McClellen, of Macon county, are hereby appointed commissioners Do. in Logan co. to mark out and locate a state road from Pekin, in Tazewell county, through Postville and Mount Pulaski, in Logan county; thence to Decatur, in Macon county. Two or all of said commissioners shall, within six months after the passage of this act, meet at Dillon, in Tazewell county, and proceed to perform the duties required by

Do. in Macon co.

Road in Greene

this act.

§ 2. The road established as a county road, leading from Carstate road. rollton, in Greene county, to Columbiana, is hereby declared a state road, and the several supervisors connected with said road shall open and work said road accordingly.

Commissioners in
Calhoun co.

McHenry co.

§ 3. That Stephen Farrow, Augustus Bartlett, and William A. Shannon, of Calhoun county, are hereby appointed commissioners to view and locate a state road from the Illinois river, opposite to the town of Columbiana, in Greene county, to Hamburg, in Calhoun county, Illinois.

Commissioners in § 4. That D. Hammer, of McHenry county, and Daniel W. Lamb, of De Kalb county, and W. Pineo, are hereby appointed commissioners to view and locate a state road from Sycamore, in De Kalb county, through Charter Grove, to Marengo, in McHenry county, on the nearest and best route.

Commissioners of

Morgan counties

§ 5. That James D. Smith, Barton Wherit, of Sangamon counSangamon and ty, and Richard Nelson, of Morgan county, are hereby appointed commissioners to locate a state road, beginning at Waverley, in Morgan county; thence to the southeast corner of section four (4) in township fourteen (14) north, of range eight (8,) west of third principal meridian; and thence north to the line dividing the counties of Sangamon and Morgan; thence with the said line to the township line between townships fifteen and sixteen, and thence north, same course, to the county road on the line between sections thirty-four and twenty seven, in township sixteen north, range eight, west of the third principal meridian; thence west with said line and said county road to the said line dividing said counties; and thence north with said county line to the intersection thereof with the state road leading from Springfield to Beardstown; and thence to some eligible point on Sangamon river at or near Miller's ferry. Said commissioners, or a majority of them, shall, within

nine months from the passage of this act, meet at Waverley and proceed to perform the duties required of them by this act.

§ 6. That Levi M. Bonham and Benjamin Matheny, of Jasper Commissioners in county, and William D. Crouch, of Clark county, are hereby ap- Jasper co. pointed commissioners to view and mark out a state road commencing at Newton, in Jasper county; thence to the town of Granville; thence near the farm of William Seamon, in said county; thence to Johnson's mill; thence to Martinsville, in Clark county.

others to build bridge.

§ 7. That the proviso to the sixth section of the act entitled an Law of 1847 re"Act to locate a state road and build a bridge," approved February pealed. 27, 1847, be and the same is hereby repealed. And that Thomas Thos. Keyes and Keys is hereby authorized to associate with him in the construction of said bridge, John Carter, Robert Alterm, George W. Brooks, and Alfred Tucker, instead of the said Alexander Wyatt and William McAdams: Provided, that the two latter persons consent thereto. And said Keys and his associates are hereby allowed three years from the passage of this act within which time to commence the erection of said toll-bridge. And the rate of tolls to be charged upon said bridge may be agreed upon between said associates and the county court of Clinton county.

Macon & Moul

§ 8. That Thomas Jones, of Macon county, and A. G. Snyder Commissioners in and McClure Wilson, of Moultrie county, are hereby appointed trie. commissioners to meet at Sullivan, in Moultrie county, and mark

out and locate a state road from thence to Decatur, in Macon

county.

§ 9. That M. Cunningham, of Marion county, James Baldridge, Do. in Marion and of Jefferson county, and Abner Jallifson, of Washington county, Washington. are hereby appointed commissioners to review and locate a state road commencing at Walnut Hill village; thence through Marion, Jefferson and Washington counties, on the nearest and best route, to intersect the road from Nashville to Belleville at the Okaw Bottom.

and Cass.

§ 10. That James M. Robinson, of Menard county, and Wil- Do. in Menardliam Lynn, of Cass county, and William H. Nelms, of Mason county, and Hugh Lamaster, of Fulton county, are hereby appointed commissioners to view and locate a state road commencing at Petersburgh, in Menard county, via Sycamore Ford, on the Sangamon river, and Bath, on the Illinois river, to Lewiston, in Fulton county.

§ 11. That William Chinnoworth, Winfield T. Crane and Mi- Do. in William chael Snyder, are hereby appointed commissioners to view and son and Perry. locate a state road commencing at Marion, in Williamson county,

to Pinckneyville, in Perry county.

§ 12. That Henry Porter, of Lee county, and Henry Childs, of Do. Lee con Bureau county, and J. P. Thompson, of La Salle county, are here-by appointed commissioners to view and locate a state road commencing at Peru, in La Salle county; thence to Knox's Grave, in Lee county.

Warren.

§ 13. That A. B. Sheriff, of Mercer county, and Samuel Wood Do. Mercer and and Erastus Rice, of Warren county, are hereby appointed commissioners to view and locate a state road commencing at Monmouth, in Warren county; thence to Keithsburgh, in Mercer county.

§ 14. That E. L. Mago, of De Kalb county, and Calvin Spencer Do. De Kalb, &c. and Franklin Sofford, of McHenry county, are hereby appointed