(610 ILCS 5/27) (from Ch. 114, par. 29)
Sec. 27.
An act entitled "An Act to amend 'an Act to provide for a
general system of railroad incorporations,' approved November 5, 1849,"
approved February 13, 1857, and also all of an act entitled "An Act to
provide for a general system of railroad incorporations," approved November
5, 1849, except the sections of the last named act numbered 34, 35, 36,
37, 38, 39, 40, 41, 42 and 45, and all laws in conflict with the provisions
of this act, be and the same are hereby repealed: Provided, however, that
all general laws of this state in relation to railroad corporations, and
the powers and duties thereof, so far as the same are not inconsistent with
the provisions of this act, shall remain in force and be applicable to
railroad incorporations organized under this act. The repeal of the acts
and parts of acts mentioned in this section shall not be construed so as to
affect any rights acquired thereunder; but all corporations formed or
attempted to be formed under such acts or parts of acts, notwithstanding
any defects or omissions in their articles of association, may, if they
will adopt or have adopted this act, be entitled to proceed thereunder, and
have all the benefits of this act; and all such corporations that have
adopted or that will adopt this act, are hereby declared legal and valid
corporations, within the provisions of this act, from the date of the
filing of their respective articles of association. The fixing of the
termini by any such corporation shall have the same effect as if fixed by
the General Assembly. All corporations
to which this act
shall apply shall be held liable for, and shall carry out and fulfill all
contracts made by them, or for, or on their behalf, or of which they have
received the benefit, whether such corporation, at the time of the making
of such contract or contracts, was organized, or had attempted to organize,
under the general laws of the State of Illinois, or not; whether said
contract was for right of way work and labor done, or materials furnished,
or for the running of trains or carrying passengers or freight upon such
road, or upon any other road in connection therewith. If such
corporation has or does take possession of or use such right of way, labor
or material so furnished by other persons or corporations, it shall be
evidence of its acceptance of such contract so entered into by such person
or corporation with said persons or corporations for its benefit. The
corporation upon failing to pay the sum as it ought
equitably to pay for
such right of way, labor or materials, or failing to carry
out such contracts so made with persons or corporations, it shall be held liable
in a civil action for the recovery
of the value of said
right of way, labor or materials, and for damages for non-fulfillment of
such contract, in any court of competent jurisdiction in any county through
which the road of such corporation may be located. This act shall
not in any manner legalize the subscription of any
township, county or city to the capital stock of any railroad company, nor
authorize the issuing of any bonds by any township, city or county in
payment of any subscription or donation.
(Source: P.A. 83-345.)
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