made their duty to cause one of their number, at least once in six months, to visit each county in the state, in which is or shall be located a railroad station, and personally inquire into the management of such railroad and warehouse busi ness. licenses. § 12. Said commissioners are hereby authorized to hear Cancellation of and determine all applications for the cancellation of warehouse licenses in this state which may be issued in pursuance of any laws of this state, and for that purpose to make and adopt such rules and regulations concerning such hearing and determination as may, from time to time, by them be deemed proper. And if, upon such hearing, it shall appear that any public warehouseman has been guilty of violating any law of this state concerning the business of public warehousemen, said commissioners may cancel and revoke the license of said public warehouseman, and immediately notify the officer who issued such license of such revocation and cancellation; and no person whose license as a public warehouseman shall be canceled or revoked, shall be entitled to another license or to carry on the business in this state of such public warehouseman, until the expiration of six months from the date of such revocation and cancellation, and until he shall have again been licensed: Provided, that this section shall not be so construed as to prevent any such warehouseman from delivering any grain on hand at the time of such revocation or cancellation of his said license. And all licenses issued in violation of the provisions of this section shall be deemed null and void. Examination cords, etc. § 13. The property, books, records, accounts, papers and proceedings of all such railroad companies, and all pub- of books, relic warehousemen shall at all times, during business hours, be subject to the examination and inspection of such commissioners, and they shall have power to examine, under oath or affirmation, any all directors, officers, managers, agents and employès of any such railroad corporation, and any and all owners, managers, lessees, agents and employès of such public warehouses and other persons, concerning any matter relating to the condition and management of such business. § 14. In making any examination as contemplated in Power as to this act, or for the purpose of obtaining information, pur- witnesses. suant to this act, said commissioners shall have the power to issue subpenas for the attendance of witnesses, and may administer oaths. In case any person shall willfully fail or refuse to obey such subpena it shall be the duty of the circuit court of any county, upon application of the said commissioners, to issue an attachment for such witness, and compel such witness to attend before the commissioners, and give his testimony upon such matters as shall be lawfully required by such commissioners, and the said court shall Refusal to obey subpena. Penalties ag'st railroad compa nies. Duty of attor state's attorneys have power to punish for contempt, as in other cases of refusal to obey the process and order of such court. § 15. Any person who shall willfully neglect or refuse to obey the process of subpena issued by said commissioners, and appear and testify as therein required, shall be deemed guilty of a misdemeanor, and shall be liable to an indictment in any court of competent jurisdiction, and on conviction thereof shall be punished for each offense, by a fine of not less than twenty-five nor more than five hundred dollars, or by imprisonment of not more than thirty days, or both, in the discretion of the court before which such conviction shall be had. § 16. Every railroad company, and every officer, agent or employè of any railroad company, and every owner, lessee, manager or employè of any warehouse, who shall willfully neglect to make and furnish any report required in this act, at the time herein required, or who shall willfully and unlawfully hinder, delay, or obstruct said commissioners in the discharge of the duties hereby imposed upon them, shall forfeit and pay a sum of not less than one hundred nor more than five thousand dollars for each offense, to be recovered in an action of debt in the name and for the use of the People of the State of Illinois; and every railroad company, and every officer, agent or employè of any such railroad company, and every owner, lessee, manager, or agent or employè of any public warehouse, shall be liable to a like penalty for every period of ten days it or he shall willfully neglect or refuse to make such report. § 17. It shall be the duty of the attorney-general, and ney general and the state's attorney in every circuit or county, on the request of said commissioners, to institute and prosecute any and all suits and proceedings which they, or either of them, shall be directed by said commissioners to institute and prosecute for a violation of this act, or any law of this state concerning railroad companies or warehouses, or the officers, employès, owners, operators, or agents of any such companies or warehouses. Concerning prosecution. Private Dam ages. 18. All such prosecutions shall be in the name of the People of the State of Illinois, and all moneys arising therefrom shall be paid into the state treasury by the sheriff or other officer collecting the same; and the state's attorney shall be entitled to receive for his compensation from the state treasury, on bills to be approved by the governor, a sum not exceeding ten per cent. of the amount received and paid into the state treasury as aforesaid: Provided, this act shall not be construed so as to prevent any person from prosecuting any qui tam action as authorized by law, and of receiving such part of the amount recovered in such action as is or may be provided under any law of this state. § 19. This act shall not be so construed as to waive or affect the right of any person injured by the violation of any law in regard to railroad companies or warehouses from prosecuting for his private damages in any manner allowed by law. APPROVED April 13, 1871. RAILROADS. AN ACT to provide for the incorporation of associations that may be organ- In force March ized for the purpose of constructing railways, maintaining and operating the same; for prescribing and defining the duties and limiting the powers of such corporations when so organized. 1, 1872. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That any Number of pernumber of persons, not less than five, may become an in- sons. corporated company for the purpose of constructing and operating any railroad in this state. corporation be recorded. to § 2. Such persons shall organize by adopting and sign- Articles of ining articles of incorporation, which shall be recorded in the office of the recorder of deeds in each county through or into which such railway is proposed to be run, and in the office of the secretary of state. 3. Such articles shall contain: First-The name of the proposed corporation. Second-The places from and to which it is intended to construct the proposed railway. Third-The place at which shall be established and maintained the principal business office of such proposed corporation. Fourth-The time of the commencement and the period of the continuance of such proposed corporation. Fifth-The amount of the capital stock of such corpora tion. Sixth-The names and places of residence of the several persons forming the association for incorporation. Seventh-The names of the members of the first board of directors, and in what officers or persons the government of the proposed corporation and the management of its affairs shall be vested. Eighth-The number and amount of shares in the capital stock of such proposed corporation. Provisions of articles. Powers of cororganized. § 4. When the articles shall have been filed and re corded as aforesaid, the persons named as corporators there- port when in, shall thereupon become and be deemed a body corporate, and shall thereupon be authorized to proceed to carry into effect the objects set forth in such articles, in accord Term of existence. By-laws. Office and books Board of [directors. ance with the provisions of this act. As such body corporate they shall have succession, and in their corporate name may sue and be sued, plead and be impleaded. The said corporation may have and use a common seal, which it may alter at pleasure; may declare the interests of its stockholders transferable; establish by-laws, and make all rules and regulations deemed necessary for the management of its affairs in accordance with law. A copy of any articles of incorporation filed and recorded in pursuance with this act, or of the record thereof, and certified to be a copy by the secretary of state, or his deputy, shall be presumptive evidence of the incorporation of such company, and of the facts therein stated. 5. No such corporation shall be formed to continue more than fifty years in the first instance, but such corpo ration may be renewed from time to time, in such manner as may be provided by law, for periods not longer than fifty years: Provided, that three-fourths of the votes cast at any regular election for that purpose, shall be in favor of such renewal, and those desiring a renewal shall purchase the stock of those opposed thereto at its current value. $6. A copy of the by-laws of the corporation, duly certiged, shall be recorded as provided for the recording of the articles of association in section two of this act; and all amendments and additions thereto, duly certified, shall also be recorded as herein provided, within ninety days after the adoption thereof. 7. Every such corporation organized under the provisions of this act, shall have and maintain a public office or place in this state for the transaction of its business, where transfers of all its stock shall be made, and in which shall be kept for public inspection, books, wherein shall be recorded the amount of capital stock subscribed and by whom, the names of the owners of its stock, the number of shares held by each person, and the number by which each of said shares is respectively designated, and the amounts owned by them respectively, the amount of stock paid in, and by whom, the transfers of said stock, the amount of its assets and liabilities, and the names and places of residence of all its officers. § 8. All the corporate powers of every such corporation shall be vested in and be exercised by a board of directors, who shall be stockholders of the corporation, and shall be elected at the annual meetings of stockholders at the public office of such corporation within this state. The number of such directors, the manner of their election, and the mode of filling vacancies, shall be specified in the by-laws, and shall not be changed except at the annual meetings of of the stockholders. The first board of directors shall classify themselves by lot in such manner that there shall be, as nearly as practicable, three directors in each class. Those belonging to the first class shall go out of office at special 10. At the regular annual meeting of the stockholders Annual of any corporation organized under the provisions of this ments. act, it shall be the duty of the president and directors to exhibit a full, distinct and accurate statement of the affairs of the said corporation; and at any meeting of the stockholders, or a majority of those present (in person or by proxy), may require similar statements from the president and directors, whose duty it shall be to furnish such statements when required in manner aforesaid; and all general meetings of the stockholders, a majority in value of the stockholders of any such corporation may fix the rates of interest which shall be paid by the corporation for loans for the construction of such railway and its appendages, and the amount of such loans. At any special meeting, by a two-thirds vote in value of all the stock, such stockholders. may remove any president, director or other officer of such corporation, and elect others instead of those so removed. All stockholders shall, at all reasonable hours, have access to and may examine all the books records and papers of such corporation. and state § 11. In case it shall happen, at any time, that an elec- Election of dition of directors shall not be made on the day designated rectors. by the by-laws of such corporation for that purpose, the corporation, for such cause, shall not be dissolved, if within ninety days thereafter the stockholders shall meet and hold an election for directors in such manner as shall be provided by the by-laws of such corporation: Provided, that it |