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Full text of "Laws of the state of Illinois : passed by the ... General Assembly at their ... session"





I ILLINOIS STATE LIBRARY 
SPRINGFIELD 
I3A8 ILLI 1836-37pr 

Illinois. Laws, statutes, etc. 
Laws of the state of Illinois, 
Incorporation 
0340272 



INCORPORATION LAWS 



OF THE 



STATE OF ILLINOIS; 



MASSED AT A SCISION OF 



THE GENERAL ASSEMBLY, 



Begun and held at Vandalia the 6t( day of Decatnber. 1836. 




PUBLISHED IN PURSUANCE OF LAW. 



,3 ! 129 000!8 4663 



VANDALIA . 
WILLIAM WAI/TE^S, PUBLIC PRINTER. 

1837. 



7LL(N0rs STAT- LIBRARY 
SPRINGFIELD, ILU " 



« .i^i),o 7/<J 



INCORPORATION L.AWS. 



AN ACT to amend an act entitled "An act conreining the towns of Piitg- 

fielfPand Chester." I" ^oKt Jan. 

16th, 1837 

Sec. 1. Be it enacted hy the people of the Stale of Illinois^ 
rtpresented in the General Assembly^ That the President President, and 
and Board of Trustees of the town of Chester in the county trusteesof 
of Randolph be and they are hereby authorized and em- increa^ ad*' 
powered to increase the annual ad valorem tax on town valorem tax on 
lots to any rate not exceeding three per centum, that *°**'" '?" "J* 
they may at any time^ think necessary for carrying on per*centum 
public improvements within the limits of said town: 
Provided always^ That the consent of at least three-fourths ProvUo 
of the resident owners of a lot or lots in said town shaU 
be first had and obtained. 
Sec. 2. The Clerk of the Board of Trustees shall give Duty of cier 
^^ at least five days public notice of any meeting to be Notice and 
^ held for the purpose aforesaid, by posting up written or print- ™^*"''^' 
^ ed notices in three of the most public places in said town, 
H and the said clerk shall act as clerk or secretary of said 
^ meeting or meetings, and copy the proceedings thereof in 
- the record book of the corporation of said town. 
^ This act to take effect from its passage^ 
^ Approved January 16th, 1837, 

"T AN ACT to legalize the incorporation of Pekin. 1^^ r ^a,^^ 

January 1837 

Wherea-s, It has been represented to the General As- 

»8embly, that the citizens of the town of Pekin, in the county 

;of Tazewell, did, on the second day of July, A. D. 1835, 

' meet and determine, by vote, that they would becom/e 

Incorporated, according to the provisions of an act en- 



4 INCORPORATION LAWS. 

titled "An act to incorporate such towns us may wish to 
be incorporated," approved March 1st, IS3I; and whereas, 
by accident or mistake, the certified statement of the 
polls of said meeting was lost and have not been filed and 
recorded in the clerk's office of the county commissioners' 
court in said county as the said act directs: There- 
fore, 

Sec. 1. Be it enacted by the people of the State of lllinoiis, 

Tbwn of Pekln represented in the General Assembly, That the said town of 

not illegally in- pck in shall not be considered illegally incorporated on 

corporated account of any omission of the trustees or clerks to do or 

perform any act or thing made necessary to be done or 

performed by the above recited act incorporating said 

town. 

Sec. '2. That all acts, orders, records, by-laws, and 
regulations done and made by the trustees of said town 
in accordance with the provisions of the said act, and 
which they might have done and made had such original 
incorporation of said town been conducted in all respects 
according to the requisitions of said law, are hereby de- 
clared legal and valid. 

Sec. 3. The said town of Pckin is hereby declared 
^'^'*^^^*"™' an incorporated town under the above recited act, any 
to^ omission or mistake in the incorporation of said town to 

the contrary notwithstanding. 

Sec. 4. This act shall take effect and be in force froni 
and after its passage. 

Approved 19th January, 1837. 



- . ,n , AN ACT to iiicorpovate the Lacon Aeademy. 

In force, l9th ^ ^ 

Jan. 1837. 

Sec. 1. Be it enaclcd by the people of the State of Illinois, 
represented in the General JJssembly, That there shall be 
my*^est^Sheci ''^"^ ^? hereby established in Ihc county of Putnam an in- 
stitution for the education of youth in the various 
branches of useful knowledge by the name of the Lacon 
Trustees ap- Academy, ana that Augustus Pomeroy, Jonathan Babb, 
poinded Joseph Woodruff, Robert Boa), William Fcnn, William 

^jJ^'^y'^^P"" Fisher, Samuel Howe, Ira J. Fenn, and their successors, 
To have per- be and they are hereby appointed trustees of said insti- 
petual succes- tution, and constituted a body corporate and politic with 
Powers and perpctual succcssion, with all the powers and privileges 
privileges incident to a corporation, to be known and distinguished 
Name <k style by the name and style of the trustees of the "Lacon 
Academy." 



INCORPORATION LAWS. 5 

Sec. 2. That said trustees by the corporate name Powers 
aforesaid shall be competent to sue and be sued, plead 
and be impleaded, in all courts of law or equity, may 
have a common seal, and alter the same at pleasure, and 
shall fill all vacancies in their own body occasioned by 
death, resignation, or neglect for more than one year, to 
attend to the duties of the trust. 

Sec. 3. That the said trustees, or a majority, when Majoniy may 
met, shall constitute a board, shall have power to appoint constitute a 
a President, Secretary, and Treasurer, and such other ^Tf ^"^' ''f 

„ ' ■' ' , ' J point olncers 

omcers and agents as they may deem necessary, ana to and prescribe 
prescribe their duties, and to make, ordain, and establish iiieh- duties 
such by-laws, rules and regulations for conducting the j^J^^^ '"^''*' ^^'' 
affairs of said corporation as they may deem proper: 
Provided^ That the same be not repugnant to the consti' Proviso 
tution and laws of the United States, or of this State. 

Sec. 4. That the said trustees, in their corporate capa- May hold pro- 
city, shall be capable of receiving and acquiring by purchase, peity, real, 

devise, gift, bequest, or otherwise, property, real, personal f^j'^^j^ 
or mixed, to be used, improved, expended, or conveyed, 
for the purposes of the trust: Provided^ That the annual p^.Q.iso 
income of the real property of said corporation shall 
not exceed four thousand dollars, and that the funds of 
said institution shall never be used for purposes of 
banking. 

Sec. 5. That the said trustees shall have power to Purthc: po-.ven 
appoint such officers, professors and teachers as may be 
necessary for the instruction and government of the in- 
stitution and prescribe their duties. 

Sec. G. That said trustees shall have pov.er to elect Power to elect 
honorary members, who shall have seats in the board honorary mem- 
of trustees, and be admitted to take part in the discus- ^^''* 
sions therein, but not to vote. 

Sec. 7. That any future legislature shall have power „ ., 

.1. 1 ,1. , r •. 1 ^ Power of legis- 

to alter or amend tins act, so iar as it may be necessary lature to alter 
to restrict the corporation to the powers hereby intended or amend ihit 
to be conferred: Provided, That the property, or the °f'^ .^^ 
funds of the corporation, or the management thereof, 
shall not thereby be diverted or changed from the purposes 
and direction indicated by the donors. 

Sec. 8. That the funds of the coiporation shall be an- „ , . , 

• i J 1 • 1 /• 1 ' r 1 • T ' »' un''S of (he 

propnated exclusively for tlie purposes ol education, and not corporation 
forthe individual benefit of the members of the corporation, howappiied 
Sec. 9. That in case any donation, devise, or bequest, r, 

I 11 u J r .t ■ ^ 1 • , donations to 

snail De made lor the particular purposes accordant with be applied as 
the design of this institution, and the corporation shall 'io"or may rii: 
accept the same: every such donation, devise, or bequest, '^^'^' 
shall be applied in conformity with the express conditions 
of the donor or devisoj-: Providcd,Thnt said corporation shall P»"^'-o 



INCORPORATION LAWS. 

not be allowed to hold more than six hundred and forty 
acres of land at one time, unless the said corporation shall 
have received the same by gift, grant, or devise, and in 
such case they shall be required to sell or dispose of the 
same within three years from tfie time they snail acquire 
such title, and, on failure to do so, said land shall revert 
to the original donor, grantor, devisor, or their heirs. 
Approved 19th January, 1837. 



In force, 19th AN ACT to incorporate the towh of White Hall, and for othpr purpose?. 
Jan. 1837 

Sec. 1. Be it enacted hy the people of the State of Illinois, 
represented in the. General Assembly^ That the inhabitants 
Inhabitants j>f ©» th? town.of White Hall, in the county of Greene, in 
White Hati in- this State, 18 hcreby-incorporated, with all the rights and 
conxnated privileges, granted to incorporated towns by the laws of 
Illinois, and the said inhabitants may, on the first day of 
To elect Prps- March hext^ or any day thereafter, elect a President 
idetit and trus- and TrustciBs of Said town, according to the provisions 
tees, and when gf ^jjg j^^^ authorizing towns to be incorporated; and 
Pceddent and ^^'^ President and Trustees, when elected and qualified, 
trustees may may re-survey and make out a new plat of said town, and 
leeuney said which shall be recorded according to la w, and said Pre- 
May close sident and Trustees may close any streets and alleys 
atieett& alleys now laid out in Said town, and may make any new streets 
and make new and alleys they may deem necessary ; and the said 
May dispose of ^^^^^'^^'^^ ^"^ Trustees may dispose of and convey the 
old streets and land in Said streets and alleys, so to be closed by deed 
^leys closed under the hand and seal of said President, to the owners 
, of the adjoining lots fronting or joining upon said streets 

fpviso ^^^ alleys: Provided^ Said owners will accept a convey-- 

ance of the same; but if said owners shall refuse to ac- 
cept the said land as aforesaid, the said land may be sold 
£^nd conveyed to any other person. 
Approved 19th January, 1837. 



in force Jan ^^ ACT to incorporate tlie Kaskaskia Bridge Company. 

?!«,1837 

Sec. 1. Be it enacted hy the people of the State of Illinois 
represented in the General Assembly, That Nathaniel Pope, 
Pierre Menard, David J. Baker, John P. McGinnis, Fer- 
dinand Maxwell, Hippolite Menard, senr.. Miles A. Gil'^ 
hert, John A. Langlois and William Brewster, with their 



INCORPOKATION LAWS. 1 

associates be and they are hereby created a body politic Company iu- 
and corporate by the name and style of the "Kaskaskia ^'J'P"''''''* 
Bridge Company," for the purpose of erecting and con-"^*® 
structing a bridge over the Kaskaskia river at Kaskaskia; 
and.they and their associates and successors shall continue 
and have perpetual succession, and by that name and style 
are hereby made as capable in law as natural persons to 
contract and be contracted with, to sue and be sued, to 
plead ^ahd be impleaded in this State in all courts of 
law or equity: to make, have, and use a common seal; and Powers and 
the same to break, alter or amend at pleasure, and they pii^i'eges 
and their successors shall have the power to purchase and 
hold as much real estate as will be necessary for the site 
of said bridge, abutments, toll houses, and suitable aven- 
ues leading to the same, also the power to ordain and es- 
tablish such by-laws, ordinances and regulations as shall 
be necessary for the well-being and government of said 
corporation, not incompatible with the laws of this State, 
or of the United States. 

Sec. y. The capital stock of said company shall con- capaai stock 
sist of ten thousand dollars, to be divided into shares of 
twenty dollars each, to be subscribed for in the manner 
hereinafter mentioned: Provided^ if the amount above sta- f^.g■.■^^Q 
ted is insufficient to complete the bridge, it may be in- 
creased to a sufficient sum to accomplish the same. 

Sec 3. Within one year after the passage of this act, 
the persons before named, or a majority of them, shall 
cause books for the subscription of stock of said company Books of sub- 
to be opened at such times and places as they may direct, scviptiou 
which books shall be kept open under the direction of ''^"'' °^'"^'* 
such persons or a majority of them, forsuch length of time 
as they may order. Every subscriber shall at the time of 
subscribing pay one dollar on each share subscribed. 

Sec. 4. As soon as five thousand "dollars shall be sub- ^^''""'.$^0'^^ 
scribed, the said persons, or a majority of them, shall ad- meeTing^ol'the 
vertise a meeting oflhe stockholders, at Kaskaskia, giving stockhokieis 
at least ten days notice of the time and place of such meet- ^'^^" be had 
and the stockholders shall thereupon proceed to the 
election of a President and four Directors, who shall be Election of a 
shareholders. Ane such of the before mentioned persons piesident and- 
who shall not be share-holders, shall cease to be members/"'"" "^'"'^""^^'^ 
of said corporation; and the said share-holders shall also n, , . 
proceed to ordain and adopt such by-laws for the perma- ^^"'^^^^ 
nent organization and government of said corporation as 
they may deem needful; at which (meeting each share- 
holder shall be entitled to one vote for each share not ex- 
ceeding tive, and one vote for every five shares above live 
and not exceeding twenty, and one vote for every ten 
sharcs'above twenty, and at all the subsequent elections o? 



8 IKCORPORATION LAW5. 

or g^oefal ineetings of the stockholders, the shares in said 
comphny may be voted proxy duly recorded. 

Sec. 5. The President and Directors chosen in con- 
Dfre'c^tois*"' formity to the provisions of the foregoing sections shall 
tejm of_qffice hold their office for one year next succeeding such elec- 
tion and until others are chosen in their places; and the 
Annual meet- stockholders shall annually meet at Kaskaskia on the first 
'"K°f stock- Monday in the month that the first election may be held, 
at some place to be designated by said president and di- 
rectors, and then proceed to the election- of a President 
and four Directors, who shall be share-holders, and hold 
their offices for one year and until their successors shall be 
elected as aforesaid. Public notice shall be given of such 
meetings or elections by the clerk or secretary of the com- 
pany at least fifteen days previous thereto. At the annual 
Statements of meetings, a statement of the affairs of the company shall 
pany ^° *^ "'" be made out by the President and directors and piesented 
Dividends to Said meeting, and such dividend of the profits be declar- 
ed as may be deemed advisable* 

Sec. 6. The concerns of said|corporation shall be under 
the control, superintendence and management of said 
tonceinshow president and directors, and the president and two direc-- 
managed ^qj.^ gjjg^ij constitute a quorum to transact business, or, in 
the absence of the president, any three directors, one of 
whom shall act as president pro tern, with power to fill 
any vacancy in tlje board, occasioned by death, resigna- 
tion, or otherw^ise. The president and directors, after. 
they shall have been July elected as aforesaid, may make 
Aisessments such assessments on the shares of said company as are sub- 
on shares scribed, payable at such periods as they may deem advis- 
able, with such conditions of forfeiture for^non-compliancc 
not exceeding the amount of stock delinquent as thej 
may deem proper. They are to open or renew the sub- 
scriptions for shares not already subscribed, at such 
time and place as the interest of the company may re- 
quire. 
JLandsmay be Sec. 7. The Said president and directors or their agcnts 
•alien niay enter upon and take possession of .so much land on 

each side of the said river as may be necessary for the 
erection of said bridge, and upon receiving a conveyance 
for the same, shall pay to the owner or owners the full 
Owners to be value thereof, and in case of a disagreement between the 
^'"'^ parties as to such value the same may be ascertained by 

three disinterested freeholders of Randolph county, who 
shall be appointed for that purpose by the county com- 
missioners'court of said county, on the application of eith- 
er party, who shall be sworn to make a just valuation 
thereof. The amount of such valuation shall be paid by th6 
said corporation to the owner or owners thereof, or to the 
guardian or guardians of said owner or owners if they are 



INCORPORATION LAWS?. 9 

infants, or into the county treasury for the use of said 
owner or owners if they are unknown; and the said cor- 
poration may then and there enter upon and take pos- 
session of the said land for the purposes afon;said. Company shall 
Sec. 8. It shall be the duty of the president and direc- j^gpp a record 
tors to appoint a clerk and cause a record of their procee- oftheupracee- 
dings to be kept. They may also appoint a treasurer j2»Jj"j[.*P* 
and other officers or agents as they may deem needful for 
the proposed undertaking, and to allow them such pay or 
compensation us they may agree on, to make contracts 
and do all things necessary to carry the aforesaid object 
into immediate effect and execution, and to require or take 
such bonds or other security in their corporate capacity, 
from any person or persons they may so appoint or con- 
tract with. And any vacancy filled by the board of di- Vacandw 
rectors shall continue until the next annual meeting. 

Sec. 9. The said bridge shall be constructed with a 6iWg« ■'"ai' 
convenient draw, atjleast thirty feet wide for the passage of g^^ j^*aw^ 
steamboats and other vessels ; and shall keep good and 
sufficient lights on each side of said draw, at all proper 
times, and shall also keep some suitable person or persons 
at the said bridge, who shall raise said draw when it may 
be necessary for the passage of any steamboat or other 
vessel passing up or dows said river free from expense to 
the owners thereof. And when so constructed and com- 
pleted the county commissioners of Randolph county shall 
have power to establish from time to time such rates of 
toll as they may think reasonable for passing over said Rates of toil 
bridge, and the same shall be posted up in some conspicu- 
ous place or places on or near said bridge; and the corpor- 
ation shall have power to demand and collect the said 
rates of toll from all and every person or persons passing 
thereon with their goods* carriages, wagons, or animals of 
every kind and description: Provided, however^ that the Proviso 
rates of toll thus established shall never exceed the rates of 
toll established by the said commissioners for crossing the 
ferries in the said county: Provided also, that the citizens Furtherpro»ijo. 
of Randolph county shall pass the said bridge free of toll. 

Sec. 10. If any person or persons shall wilfully or know- _ . . 

ingly do any act or thing whatever, whereby the said ingbudge, how 
bridge, or any thing thereto belonging, shall be injured or liable 
damaged, the said person or persons so offending, shall 
forfeit and pay three times the amount of damages sustain- 
ed with costs of suit recoverable before any court of com- 
petent jurisdiction, and any person or persons who shall 
pass or attempt to pass said bridge without paying the toU 
or tendering it if there be any person or persons present to 
receive it, shall forfeit and pay three times the amount of 

the toll or tolls which he, she, or they were liable to pay 

•> 

340272 ILLINOIS STATS LIBRARY 

SPRiiNGFlilLD, ILL. 



IQ 



INCORPORATION LAWS. 



for passing said bridge, recoverable before any justice of 
the*peace in this State, and if any person or persons shall 
wilfully set fire to said bridge or burn the same or any 
part (hereof, such offenders with their aiders and abettors 
shall be guilty of arson. 
Cerdfiuates of Sec. ll. Certificates of stock shall be given to the stock 
*ivS*o*" ^k ^*^l<^6'*^5W^^ich shall be evidence of the stock held; they 
hoicSrr *'°*^ " ^*^^^^ "^^ ^^g*^^^ ^y the President and countersigned by 
the clerk. The stock shall be transferable on the books 
of the corporation only personally, or by an agent or at- 
torney, or by the administrator, executor, trustee or guar- 
guardian. But such stock shall at all times be holden by 
the corporation for any dues from the holder thereof to 
the corporation, or for any sum that may thereafter become 
due on a contract made prior to such transfer. 

»Sec. 12. This act shall cease to have effect if stock to 
when for^ited' ^^^ amount of five thousand dollarsshall notbe taken within 
two years from the first day of January next, and the bridge 
to be completed in three years from that period. 

Sec. 1 3. It shall be the duty of said company from time 

to time to remove all drift or timber of any description 

which may lodge against any of the abutments or pillars 

of said bridge, and if they fail herein, they shall be liable 

vvk 1- ui to ^ fine of ten dollars for every forty-eiffht hours it is suf- 

VVhen liable to -. , , - r, n • "^ "^ l? j- /• .l 

fine and in'iict. '^rsd to remain alter allowmg reasonable time lor the re- 
moval of the same, to be recoverablc^by indictment or 
presentment 'in the Randolph circuit court, and shall 
moreover be liable for any injury sustained by any person 
in consequence thereof. 

Sec. 14. The said president and directors shall keep 
an exact account of their expenditures in erecting said 



Duties of com- 
pany 



ipent 



President and 
directors to 
keep exact ac 



County may 

pnrchas^e 

bridga 



count of cost of bridge, and file the same with the clerk of the county corn- 
bridge, missioners' court of Randolph county, stating, under oath, 
that the same is a just and true account of the original 
cost of said bridge; and the county commissioners' court 
shall have power to purchase said bridge at any time af- 
ter the expiration of five years from the completion of said 
bridge, by paying the full amount of the cost of the same; 
and in case the said bridge shall be purchased by said 
court, the corporation hereby created shall within one 
year thereafter be dissolved, and said bridge forever after 
be and remain a free bridge. 

Sbc. 15. It shall be lawful for the county commission- 
ers of Randolph county for and on behalf of said county, 
to authorise by an order as much of the stock to be taken 
as they may think proper, and if the Legislature of this 
State shall, after the expiration of ten years from the com- 
pletion of said bridge, make provision bylaw for the re- 
payment to the said company, the amount of their expcn- 



County may 
take stock 

Wbeu bridge 
may become 
property of 
State 



c£^,/r/jei^^ 



INCORPORATIOxV L.YTTS, 11 

ditures with interest thereon, at the rate often per cent, 
per annum after deducting the amount of tolls received 
on" said bridge, then and in that case the said bridge, 
trith all its fixtures and appurtanajices shall vest in and 
become the property of the people of the State. 

This act to be in force from and after its passage; 

Approved January 31, 1837. 



AN ACT to iucorpoiate the Wl ite Hall and Albany turnpike road company. 



In force Jan. 



Sec. 1. Beit enacted by the People of the State of Illinois^ -^x \Qyj^ 
represented in the General Jlssembiy^ That all persons who 
shall become stockholders pursuant to this act, are hereby Stockholders 
constituted a body corporate and politic, by the name of ""^ "^^ 
the White Hall and Albany turnpike road company, for 
the term ©f fifty years. Name. 

Sec. 2. The capital stock of said company shall be thir- 
ty thousand dollars, which shall be divided into shares of Capital stock 
one hundred dollars each, and Rescarick Ayrcs, Dennis ^■^'^'^^^■ 
Hoagland, Sherman Goss, and Henry M. Blanchard shall ^^^'^\ ^^^°- 
be commissioners to open books and receive subscriptions to^openTooks" 
for said stock. 

Sec. 3. The said corporation may construct a turnpike 
toad and all necessary bridges on the most eligible route corporation id 
from the town of White Hall in the county of Greene, to construct turn- 
the town of Albany on the Illinois river in said county, pike road and 

_ . . /iiii '-i r • ^ make bridges 

OEC. 4. Any s'ockholder or director ot said corpora- from White 
tion may, with the consent of the directors, become inter- Hall to Alba- 
ested in any contract necessary for the construction and "^'' 
completion of said turnpike road, and the works connect- Stockholder 

< ^ . , '■ may by con- 

Cd therewith. sent of diiec- 

Sec. 5. When the said turnpike road shall be completed, tors be a con- 
the said corporation shall be authorised to erect one full toll ^''^'^'o'- 
gate or two half toll gates for every ten miles, and to re- Gates"^*^' '° 
ceive at such full toll gate or half toll gate, the following 
tolls, to wit: for every chariot, coach, and coachee, Phea- iJates of toil. 
ton, Or other pleasure carriage, drawn by two horses or 
other beasts, twenty-five cents, and for each additional 
horse or other beast, six and one fourth cents, for every 
chair, sulky, or other pleasure carriage drawn by one 
horse or other beast, eighteen and three fourth cents, and 
for every additional horse or other beast, six and one 
fourth cents, for every stage, hack, post coach, or stage 
wagon, drawn by two horses or other beast, eighteen and 



tlOll 

Noiice thereof. 



12 INCORPORATION L.^WS- 

tbrcc fourth cents, and for each additional horse or othgT 
beast, six and one fourth cents, for every sleigh or sled 
drawn by two horses or other beasts, twelve and a haM 
cents, and for every additional horse or beast, six and 
one fourth cents, for every sleigh or sled, dratvn by one 
horse or other beast, tvv^elve and one half cents, and for 

every additional horse or other beast, cents; 

for every horse and rider, twelve and one half centsj 
for every score of cattle, horses, or mules, sixty cents, for 
every score of sheep or hogs, twenty cents, and so in pro- 
portion for a greater or less number iif cattle, horses, mules,-" 
sheep, and hogs, for every wagon drawn by two oxen or 
horses, twenty-five cents, and for every additional two dx- 
en, six and one fourth cents, one half of the above amount 
of tolls to be collected at half loll gate, and the fdll a- 
mount at every full toll gate. 
Dftoks where ^^^'* ^'* ^hc said commissioners shall at some suitable 
to be opened placc in the said county of Greene, open books to receive 
for subsciip- subscription to the capital stock of said corporation, and 
said commissioners shall give twenty days notice by post- 
ing up written or prmted notices in four of the most pub- 
lic places in the said county of Greene, of the tirfie aftd 
place of opening such books of subscription, and the said 

imw"a"\hHe of ^-°'^""^^'°'^^'""^^^^' ^'^*1"^'"^ '•^'^ ^""^ ^^ ^^^ dollars to be 

•ubseribing. paid upon evcry one hundred dollars of the capital stock 

subscribed for at the time the said subscription shall be 

made, and in case of neglect or refusal on the part of any 

subscrrber or subscribers to pay the sum so required, their 

When $15,000 subscription shall be invalid, and so soon as fi/tcen thous- 

subscribed, and dollars of the capital stock shall have been subscribed 

to Tivrnmke ^^^ ^^'^ commissioners shall give notice in the same man- 

for meeting of ncr as is herein provided, in case of opening the bboks of 

stockholders to guj^gcription, for a meeting of the stockholders to choose 

elect irectors. ^^^ directors, and such election shall be made at the time 

Manner of vo- ^'^'^ P'^^^ ^PPO'"*c<^ ^Y ^""^'^ °^ ^'^^ stockhoJderS as shail 
ling. attend for that purpose, either in person or by laVv^fuI 

proxy, each share of the capital stock entitling each stock- 
holder toonc vote, and tli'e said commissioners shall be the 
inspectors of the first election of directors of the said cor- 
poration, and shall certify, under their hands and seals, the 
Books &,c. to names of those duly elected, and deliver over the subscrip- 
be^dehveied tion books and all subscription monies, and the time of 
Time of hold- hoWing the first meeting of the directors shtiU be fix«d by 
ing first meet- the said commissioners. 

>»K- Sec. 7. It shall be lawful for the said directorsto require 

Directoi-s may paiyment of the sums subscribed to the capital stock, at 
menron^s^ock ^uch timcs and in such sums, and on such conditions, as 
under penalty they or a majority of them shall deem fit, under the pert- 
#fforfiitm«,dt alty of the forfeiture of all. previous payments thercoiiy. 



LVCOIU'OUATIOJS LAVVH; Ig 

tuid shall give notice of the payments thus required and ofghe notice of 
the place where, and the time when the same are to be payments re- 
paid, at least twenty days previous to the payment of the '^""^* * 
same, by posting up notices in writing to that efl'ect, in four 
of the most public places in said county of Greene. 

Sec. 8. That in case it should at any time happen that ^J°;;'^*' "^fj^jj" 
an election of directors shall not be made at any time the pioper time 
when in pursuance of this act it ought to have been made, «t may be heirf 
the said corporation shall not, for that cause, be deemed to afterwaids. 
be dissolved, but the said election may be held at any oth- 
er time, directed by the by-laws of said corporation. 

Sec. 9. That five directors of said corporation, shall ^'j;^ ^"'"?'''" 
form a board, and that a majority of three shall be com-a„da majority 
petent to transact the business of the said corporation and to transact bu- 

thev shall have full power to make and prescribe such by- *'""* *"'', 
1 1 J I.- x*u in make bye laws 

laws, rules, and regulations as to them shaJl appear neces- 
sary and proper touching the management and disposition 
of the stock, property, estate and etlects of said corpora- 
tion, the transfer of shares and touching the duties and 
conduct of their officers and servants, and the electing of 
directors, and all other matters whatsoever, which may 
appertain to the concerns of said corporation. 

Sec. 10. That the said corporation be and they are here- Authorised to' 
by authorised by their af};ents, surveyors and engineers to ^^\^ surveys 

•' , •'.,.°, •', i" ,, and exanima- 

cause such exammation and surveys to be made upon the tionsmadeon' 
route and site of said turnpike road, and it shall be lawful the route. 
for the said corporation to enter upon and take possession Power (o'enteif 
cff and use all such lands and real estate as may be indis-"P°^' *"^ "" 
pensible for the construction and mainfainance of said 
road, and the accomodations requisite and appertaining 
thereto, and may also hold and take all such voluntary May^take 
grants and donations of land and real estate as shall be 
made to the said corporation, to aid m the construction, 
maintenance, and accommodation of their said road, Pro- proviso." 
vided, That all land or real estate thus entered upon and 
taken possession of, and used by said corporation, and -^ands to be 
which are not donations, shall be purchased of the owner *""*^''***''* 
or owners of the same, at a price to be mutually agreed "^^j*"^ 
upon between them, and in case of a disagreement as to 
price, it shall be the duty of the county commissioners 
Court of Greene county to appoint commissioners, 
disinterested freeholders of said county of Greene, to de- 
termine the damages which the owner or owners of the 
fend so entered upon by said corporation, has or have sus- 
tained by the occupation of the same, and upon the pay- 
ment of such damages together with the costs and charges 
attending the appointment by the said corporation, then 
the said corporation shall be -deemed to be seized and pos* 
stjssed of the fee simple of all »uch lands or real cstata 



a INCORPORATKJN LAWS. 

as shall have been appraised by the said commissioners, and 

it shall be the duly of said commissioners or a majority of 

them, to deliver to said corporation a written statement of 

the appraisement by them made, with a descrijjtion of the 

land appraised, to be recorded in the recorder's office of 

said county of Greene. 

_. . Sec. 11. That if any person or persons shall wilfully 

Obsu-uctiiig or J iLj^ iix i_ 

defacing the "^ or cause to DC done, any act or acts whatsoever, where 

works or marks by any building or buildings, construction, or works qf 
said corporation, shall be impaired, weakened or destroyed, 

Penalty. ^^^ person or persons so offending shall forfeit and pay to 

said corporation double the amount of damages sustained 
by means of such offence or injury, to be recovered in the 

How recovered "^"^^ *^^ ^"^'^ corporation with costs of suit by action of 
debt, to be brought in any court in the county where 
such offender lives, or in the county where the injury was 
committed or done. 

Sbc. l2. This act to lake effect from and after its pas- 
sage. 

Approved January 31, 1837. 



lii force Jan. AN ACT to incorpoiale the Granville Academy, 

3^,1837. 

Sec. 1 . Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly^ That Thomas Hartzcllf 
Daniel Shepherd, William Paul, Nathan Gould, James 

hrsons incor-Mars, Jamcs G. Laughlin, Ralph Ware, Felix Margrave, 

porated, g^d Benjamin R. JShelden, and their successors be and 

they are hereby created a body politic and corporate,, to 

„ , be styled the Trustees of the Granville Academy, and irt 

Name to have . -^ . . . , • • . u 

inccession, that name to remam in perpetual succession, witn power 
Power. to sue and be sued, plead and be impleaded, to acquire,^ 

hold and convey property, real and personal, to have and 
To have a seal ^^^ ^ common seal, to alter the same at pleasure, to make 
and alter from time to time such by-laws as they may 
deem necessary for the government of said institution, its 
Proviso. officers and servants, /JrorzWet/, such by-laws be not incon- 

sistent with the constitution and laws of the United 
States, or of this State. 
No of trustees ^^^* ^' There shall not be less than nine, nor more 
«ndurm'oV"than fifteen Trustees in office at one time, one third of 
•ervice. whom shall go out of office every year; the three first 

named in this act shall go out of office the first year, the 
next three shall go out of office the second year, and Um 
three laat named shall go out of office the third year, but 



INCORPORATION LAWS'. 15 

all shall be eligible to a rc-clection; the trustees shall have Fiigibie to n- 
power to fill such vacancies in their own body as may *'***^'*°"- 
occur by death, resignation or otherwise, one third of 
whom shall constitute a quorum. The Trustees shall hold Quorum, 
the property of said institution solely for the purpose of'^oiioi'i piop- 
education, and not as a stock lor the individual benefit ofj'j^^j'^"'^ "^"*^** 
themselves, or of any contributor to the endowment of 
the same, and no particular religious faith shall be requi- ]y„ pa,.,ic„isi. 
red of those who shall become trustees or students of the leiigious faitii 

Institution. requiied. 

Skc. 3. Said institution shall remain located on its pres- 
ent site adjoining the plat of the town of Granville in Where located 
Putnam county, and the said Trustees shall be competent 
in law and equity to take to themselves and their succes- Further now, 
sors in office, in theil* said corporate name, any estate, ^'^• 
real, personal or mixed, by the gift, grant, bargain and 
sale, conveyance, will, devise, or bequest of any person or 
persons whomsoever, and the same estate, whether real or 
personal, to grant, bargain, sell, convey, demise, let, place 
out on interest or otherwise dispose of for the use of said 
institution, in such manner as shall seem to them most 
beneficial to the institution; said Trustees shall faithfully 
apply all funds collected or the proceeds, according to their 
best judgment, in erecting and complcling suitable build- T" *"<^' ''"'W« 
ings, supporting the necessary officers, instructors, instruct-*"^"' *^*^* 
resses, assistants and servants, and procuring books, maps, piocure book? 
charts, globes, philosophical and other apparatus necessary ice, * 

to the success of said institution, provided, nevertheless, Proviso, 
that in case any donation, devise, or bequest, shall be 
made for any particular purpose accordant with the design 
of this institution, and the corporation shall accept the 
same, every donation, devise or bequest so made, shall be 
applied in conformity with the express conditions of the 
donor or devisor. 

Sec. 4. The treasurer of the institution always and all 
other agents when required, before entering on the duties 
of their appointment, shall give bonds for the security of 
the corporation in such penal sums, and with such secu- ^^.'.^*^°"* 
rity as the Board of Trustees shall approve, and all process j^^J' ^' 
against the corporation, shall be by summons, and the may be served, 
service of the same shall be by leaving an attested copy 
thereof with the Treasurer at least thirty days before the 
return thereof. 

Sec. 5. The trustees shall have power to employ and Power to ap, 
appoint a principal for said institution, and all such in-P"'"' P'incipM 
structors and instructresses, and also such assistants and inoy^hem* 
servants, as may be necessary, and shall have power to 
displace any or either of them as they may deem the in- 
terest of the institution to require; to fill vacancies which 



16 IXCORPORATION LAWS. 



To fin vacan-niay happen by death, resignation or otherwise, among 
^''.. said officers, assistants and servants, and to prescribe and 

course of stui]y,^i''<^ct the course of study to be pursued in said institU" 
' tion. 
. Sec. 6. The lands within the bounds of this State, held in 
onMid*'nMly'be Perpetuity by this charter, shall not exceed one thousand 
held. acres held at one time, provided if donations in land shall be 

Prpviso. made at anytime to said corooration, which shall increase 

the quantity to more than one thousand acres, the same 
may be received and held in trust by said board of trus- 
tees and shall be sold within five years from the date of 
such donation for the benefit of said institution, in failure 
whereof the lands, so given, shall revert to the donor or 
grantor of the same, and the said board of trustees shall in 
no case lease or rent out any lands so held in trust as las^ 
aforesaid. 

Approved January 31, 1837. 



In fmee Feb. 
J5, 1637. 



AN ACT to change the corporalo powois of the town of Galena, 



•Sec. I. Be it enacted by the people of the State of Illinois^ 

represented in the General Assembly, That the inhabitants 

„ .„ and residents of the town of Galena, Jo Daviess county, 

na^Tncorpom-" are hereby constituted a bod^ corporate and politic, by 

M. the name and style of "the President and Trustees of the 

town of Galena," and by that name they and their success-; 

ors shall be known in law, have perpetual succession, sue 

and be sued, plead and be impleaded, defend and be de-? 

fended in courtsof law and equity, and in all matters and 

actions whatsoever; may grant, purchase and receive and 

hold property real and personal, within the limits of said 

town, and may sell and dispose of the same, and may da 

all other acts as natural persons, may have a common seal, 

and break and alter the same at pleasure. 

Sec. 2. The boundaries and jurisdiction of said corpora- 
Poundaiics. (ion, are hereby declared to be co-extensive with the town 
of Galena, as la'd out and to be laid out by the commis- 
sioners appointed by the General Goverenraent, under 
the act of Congress, dated 1830. 

Sec 3. The corporate powers and duties of said town 

Governed by gj^j^^jj j^g yested in seven trustees, to be chosen and ap- 

■even trustees, p^jj^^^j ^^ hereinafter directed, who shall constitute a board 

for the transaction of business, and all suits and judicial 

proceedings shall be in the name and style of the "Presi-i 

dent and trustees of the town of Galena." 



IKCORPORATION LAWS. 17 

^EC. 4. The members composing the board of trustees To be elected 
shall be elected annually on the first Monday of April, and fij"e"Xsf Mon- 
no person who has not arrived at the age of twenty one day of April, 
years, been a resident of the town at least twelve months 
next preceding the election, and at the time of his election 
a bona fide freeholaer within the limits of the coyporatioti^ 
shall be eligibleto the office of trustee; and all free white 
'male citizens over the age of twenty-one years, who have 
resided within the town limits three months next prece- 
ding the election shall be qualified voters for trustees or 
any other town officer. 

Sec. 5. That the members of the board of trusteed 
(and every ofticer of said corporation) shall before enter- 
ihff Oil the duties of their office, take an oath or aflSrmation f}} take ail 

I !• • 1 ■ • r L 1 oath. 

before some judge or justice ol the peace, to support the 
constitution of the United States, and of this State, and 
faithfully to deme^in themselves in office; they shall elect P^*^' */'*"' 

T. • 1 , r .I'll I • , , dent and tieas- 

a rresident irom among their body, and appoint one street oier. 
commissioner, one treasurer, one assessor, one collector, 
one town suirveyo/, one inspeclor and measurer of wood 
and coal, one inspector and measurer of lumber, one mar- 
ket inspector, and one inspector of flour, lard and butter; 
also one or more town constables, who shall possess the ^,^(, ^^^^ ^^j^j. 
same powers and perform the same duties within their stable, 
corporate limits, as the constables in the different counties 
possess and perform, and who shall be allowed, in addition 
to the present compensation or fees allowed constables, '^^^^^'^*'^^^''' 
fifty per cent, thereon; all officers of the corporation to be 
appointed annually. 

' Sec. 6. The trustees thus elected and qualified, shall be 
the judges of the qualifications, elections and returns of 
their own members, a mnjority of whom shall constitute a 
board to do business; but a minority may adjourn from 
day to day, may compel the attendance of absent mem- 
bers in such manner and under such penaUies as the board 
may provide. 

Sec 7. The trustees may determine the rule of proceed- 
ing, and make such other rules and regulations for their 
own government, as to them may seem proper and expe- 
dient; and require of all officers of the corporation, penal 
bonds for the faithful discharge of their several duties; . ff . a 
may divide the' town into wards or districts, and in all or^snicis" ' 
cases they shall be required to give at least twenty days 
notice previous to holding an election for any officer of 
the corporation. 

Sec. 8. The board of trustees shall have power by ordin- . 
ance to levy and collect taxes upon all real and personal ®^y '""• 
property within the corporation, not exceeding one half of 
one per centum upon the assessed value thereof, (except 

3 



18 INCORPORATION LAWS. 

the wearing apparel, and the necessary tolls and imple- 
ments of any person used in carrying on his trade;) to 
Make quaran. n^j^jjg regulations to prevent the introduction of contagious 
diseases; to make quarentine laws for that purpose, and 
enforce the same within six miles of said town, and within 
the jurisdiction of the State; to make regulations to secure 

T- u,. L . u the general health of the inhabitants; to establish night 
Establish night ^°, j * i * • i xi ° 

watches, watches and patrols; to improve and preserve the naviga- 

tion of Fever river within the corporation; to erect, repair 
E.ect wharves, and regulate wharves; to regulate the rates of wharfage, 
the stationing, anchorage, and mooring of vessels; to pro- 
Licence auc- vide for licencing, taxing, and regulating of merchants^ 
turns, grocenesj^^^^j^^g^ groceries, retailers, pedlars, taverns, ordinaries, 
and houses of entertainment, hackney carriages, wagons, 
Theatrical and carts, drays, theatrical and other shows; to restrain and 
other shows, prohibit tipling houses, gaming houses, bawdy houses, 
and other disorderly houses; to provide for the inspection 
of lumber and other building materials to be sold and used 
therein; to regulate the inspection of wood, coal, flour, 
lard and butter; to regulate and order partition and para- 
pet walls, and partition fences; to regulate the storage of 
all combustible materials, such as gunpowder, tar, pitch, 
impase fiires, Tosiu, hemp and cotton; to sink wells and erect pumps for 
&,c. public convenience; to impose fines and forfeitures and 

provide for the collection thereof, provided no fine or foT- 
iciture shall be less than one dollar nor more than one 
Fix compcnsa- hundred; to regulate and fix the compensation of all offi- 
lio". cers of the corporation; they shall have power to regulate, 

OraJe and pave, grade, and improve the streets, avenues, lanes and 
alleys within the corporation, and to extend, open, and 
widen the s^me, n>aking the person or persons injured 
thereby, adequate compensation, to ascertain which tlte 

M , trustees shall cause to be summoned twelve good and law- 

Make compen ). "''■ ^ rill I -lir-Ji. 

sation for dam ful men, freeholders and residents of said town, not 
ages- directly interested, who being first duly sworn for that 

purpose, shall enquire into and take into consideration, as 
well the benefits as the injury which may accrue, and es- 
timate and assess the damage s. 

Sec. 0. That upon applioi-tion of the owners of two- 
thirds of the front of the lots on any street or parts of a 
street, it shall be lawful for the board of trustees to levy 
Lay special and collect a special tax on the owners of the lots on said 
tax- street or parts of a street, according to their respective 

fronts, for the purpose of grading and paving the side walks 
on said street, and upon a similar application, to levy and 
collect a tax in the same manner, for the purpose of elect- 
ing lamps and lighting the same. 

Sec. 10. When any real estaite in said town of Galena 
shall have been sold by the authority of the corporation 
thereof, the same shall be subject to redemption in the 



INCORPORATION LAWS. 19 

same manner as is provided by the authority of this State 
for the redemption of lands sold for taxes. 

Sec. 11. All ordinances of said trustees, shall be fairly 
written out, signed by the clerk, and published in a news- Ordinances 
paper printed in the town, or posted up at three of the shall be pub. 
most public places in said town, and no ordinance shall ''*''*'*• 
be in force until published as afc resaid. 

Sec. 12. The trustees aforesaid shall have power to pre- 
serve good order, to punish by fine any open indency, 
breaches of the peace, horse racing, shooting or riotous 
meetings, obstructing the streets and public highways. 

Sec. 13. It shall be the duty of any justice of the peace 
residing in said town, and he is hereby authorized and em- 
powered on complaint being made to him on oath, of tile 
violation of any law or ordinance of said corporation, to is- 
sue his warrant directed to the town constable, or in case 
of hisabsence to any authorized county officer, to appre- 
hend the offender or offenders, and " bring him or them 
forthwith before him, and after hearing the evidence, if it^ ^^^ 
shall appear that the said accused has been guilty of the be fined or im- 
violation of any such law or ordinance of the corporation, prisoned. 
to impose such fine or imprisonment as shall be pointed 
out in such law or ordinance, ^romdec?, such fine shall not 
exceed one hundred dollars, and imprisonment exceed ten 
days; provided however^ that writs of certiorari and appeals Appeals gran- 
shall be granted from judgments under this act, as in other '®^' 
civil cases. And in all cases under this act, the defendant 
shall be entitled to an appeal to the circuit court, by enter- 
ing into bond or recognizance as the case may require, be- 
fore the clerk of the circuit court of Jo Daviess county, with- ^>' 8"'^'"S '**"'** 
in twenty days after the rendition of the judgment, with such 
securities and in such an amount, as the clerk may think 
right and proper: And provided further, should any of the 
power herein conferred interfere with privaterights grow- 
ing out of former grants by the Legislature or county com- 
missioners' courts of said county, the same to be nugatory 
and void. 

Sec. 14. The present trustees and other officers of the 
corporation of the town of Galena, shall continue in of- 
fice until those provided for by this [act] shall have been 
elected, appointed and qualified. 

This bill having remained with the council of revision 
ten days, (Sunday excepted) and the General Asssembly 
being in session, it has become a law, this 26th February 
1837. 

A. P. FIELD, 
Secretary of State« 



!l30 INCORPORATION LAWS. 

In force, 7th AN ACT to incorporate the Griggsville Female Academy. 

Feb. 1837 

Sec. 1. Be it enacted by the people of the Stale of IlUnoi\f 
represented in the General Assembly^ That James Hutchin-! 
poratTd '"'°'"' soni sen., Reuben Hatch, sen., J. A. Collins, George 
S. Puikiit, J. McWilliams, J. M. Higgins, and J. Hutch- 
inson, jun., and their successors, be and they are hereby 
created a body politic and corporate, to be styled "The 
Name &, st le Trustees of the Griggsville Female Academy," and in 
To have sue- that name to remain in perpetual succession with power 
cession to sue and be sued, plead and be impleaded, to acquire, 

Powers hold, and convey property, real and personal; to have and 

Tohave aseai pgg j^ ^,Qfj^fjjQjj a^ ggj^l. jq alter the same at pleasure; to 
a e y- aws j^^ke and alter, from time to time, such by-laws as they 
may deem necessary for the government of said institu- 
Provlso tion, its officers, and servants: Provided^ ^\xc\\ by-laws be 

not inconsistent with the constitution and laws of the 
United States, or of this State. 
Power to fill Sec. 2. The trustees shall have power to fill such vacan- 
vacancies cies in their own body as may happen by death or otherwise, 
To hold pro- ^^^j gj^^ll hold the property of said institution solely for 
'^"'^ the purposes of female education,'and not as a stock for 

„ f-i . the individual benefit of themselves; and no particular 
nuired religious faith shall be required of those who become 

trustees or students of the institution. 
When located Sec. 3. Said institution shall be located in or near 
the town of Griggsville in Pike county; and the said trus' 
Power to hold ^ges shall be competent in law and equity to take to 
""'*® themselves and their successors in office, in their said cor- 

porate name, any estate, real, personal, or mixed, by gift, 
grant, bargain and sale, conveyance, will, devise or bequest 
of any person or persons whomsoever; and the same es- 
Mme'*"*''^ tate, whether real or personal, to grant, bargain, sell, 
convey, demise, let, place out on interest, or otherwise 
How to apply disposc of for the use of said institution, in such manner 
proceeds gg g|^all seem to them most beneficial to the institution. 

Said trustees shall faithfully apply all funds collected, or 
the proceeds, according to their best judgment, in erecting 
and completing suitable buildings, supporting the neces- 
sary ofliccrs, instructors, and servants, and procuring 
books, maps, charts, globes, philosophical and other 
apparatus necessary for the use of said institution: Pro- 
Proviso rtrft'rf, nevertheless^ That, in case any donation, devise or 
bequest shall be made for particular purposes accord- 
ant; with the design of this institution, and the corpo- 
ration shall accept the same, every such donation, de- 
vise, or bequest shall be applied in conformity with the 
express conditions of the donor or devisor. 

Sec. 4. The treasurer of the institution shall, before 



INCORPORATION LAWS. 21 

entering upon the duties of his appointment, give bond Troasurtr no 
for the security of the corporation in such penal sums,|^^^^^.|*°'I*' *"'' 
and with such securities as the board of trustees shall ap- p^^g,, j^^^ 
prove; and all process against the corporation shall be by served ' 
summons, and the service of the same shall be by leaving 
an attested copy thereof with the treasurer at least thirty 
days before the return thereof. 

Sec. 5. The trustees shall have power to employ and Power of trui, 
appoint a principal for said institution, and all such in- "es, &,c . 
structors and instructresses, and also such servants as 
may be necessary; and shall have power to displace any 
or either of them, as they may deem the interest of the 
institution may require; to till such vacancies which 
may happen by death, or otherwise, among said officers 
and servants; and to prescribe and direct the course of 
study to be pursued in said institution. 

Sec 6. The lands within the bounds of this State, What quantity 
held in perpetuity by this charter, shall not exceed "f ^^^'^' ■"*? 
twenty acres held at any one time; and if donations in *** * 
land shall be made at any time to said corporation, the ^„d how 
same may be held in trust by said board of trustees, and 
shall be sold within three years from the date of such do- 
nation for the benefit of said institution: in failure 
whereof the lands so given sha^I revert to the donor, or 
grantor of the same; and the said board of trustees shall 
in no case lease or rent out any lands so held in trust as 
last aforesaid. 

Sec. 7. The object of said corporation shall be the Object 
promotion of the general interest of female education, 
and to qualify young females for the honorable and use- 
ful discharge of the various duties of life. 

Approved 7th February, 1837. 



AN ACT to incorporate the Mississippi and Illinois Canal Company. In force, aOlh 

Feb. 1837 

Sec 1, Be it enacted by the people of the State of Illinois^ 
represented in the General Assembly, That Jacob Fry Al- „ 
fred W. Cavarly, Isaac Darnell, Thomas Cummings, Wil- lom^a '"'"' 
Ham Gerome, and John Caldwell, of Greene county, and 
William Fry, John McDonald, Lewis Roberts, and Jacob 
Pruden, of Calhoun county, and their associates who 
shall become stockholders agreeably to the provisions 
of this act, are hereby constituted a' body corporate by Nam* 
the name of the Mississippi and Illinois Canal Company, 
:«i4 by that name may sue and be sued, defend and be 



0!O 



LNOORPORATION LAWS. 



Powers 



By-laws 



May construct 
cmial 



Capital stock 



(Shares 
TVansferable 

Commhsioners 
to open books 



Notice 



5 percent, to 
be paid on 8ub« 
scribing 



Meeting 



Election of di< 
rectors 



defended, both in law and equity, in all courts whatso* 
ever. Said company shall have power to adopt and use 
a common seal, and change the same at pleasure; to make, 
ordain, and establish such by-laws, rules, and regulations 
not inconsistent with the laws of this State, as they may 
deem necessary for their own government^, and the prose- 
cution and completion of the work contemplated by this 
act. 

Sec. 2. The Mississippi and Illinois Canal Company 
shall have power to construct and maintain a canal of 
such width and depth as they may judge proper, from 
the Mississippi to the Illinois rivei' in Calhoun county, 
crossing the peninsula between said rivers at the most 
suitable place near the town of Guilford, and to trans- 
port persons and property on the same, and receive such 
tolls and charges for the same as said company shall es- 
tablish from time to time by their ordinance or by-laws. 

Sec. 3. The capital stock of said company shall be 
three hundred thousand dollars, with power in said com- 
pany to increase the same to one million, if found ne- 
cessary by said company to complete said canal, by re- 
opening books and receiving new subscriptions, in such 
manner and at such times as they may from time to lime 
direct; which said capital stock shall be divided into 
shares of one hundred dollars each, which shall be con- 
sidered as personal property and made transferable in 
such way as said corporation may direct. 

Sec. 4. That Jacob Fry, John Caldwell, Thomas 
Cummings, William Gerome, Alfred W. Cavarly, Isaac 
Darneil, VVillliam Fry, John McDonald, Levi Roberts, 
and Jacob Pruden are appointed commissioners to open 
books for subscription to the capital stock of said com- 
pany, at such times and at such places, as a majority of 
them may direct, either, by themselves or such of their 
number as a majority of said commissioners may au- 
thorize for that purpose, by giving public notice thereof 
in some newspaper printed in this State, and in such 
other way as they may deem best calculated to ensure 
the subscription of the stock. 

Sec. 5. Each person at the time of subscribmg shall 
pay to the commissioner or commissioners hereby au- 
thorized to open the books, five per centum on the 
amount of stock subscribed by him, and as soon as fifty 
thousand dollars of said stock shall be subscribed, the 
said commissioners, or a majority of them, may call a 
meeting of the subscribers to the capital stock, by giving 
thirty days notice of such meeting in some newspaper 
printed in this State, and in such other manner as they 
deem best for the election of five directors, and s\\c\ 



INCORPORATION LAWS. 23 

election shall be held at the time and place designated 
in said notice by the stockholders that may attend, ov 
such as do not attend, by proxy, and those persons having 
the highest number of votes shall be duly elected, and 
each share of stock shall entitle the owner to one vote; 
and the said commissioners herein named, or a majority 
of them, shall be inspectors of and conduct the first elec- 
tion, and shall immediately after the election is over 
make out a certificate for each person so elected, under 
their hands and seals, and deliver the same to said direct- 
ors, with all the moneys, books, and papers in their hands 
pertaining to said company. The first meeting of direct- McetinKwherc 
ors under this act shall be held at Carrolton within ten held 
days after the election. 

Sec. 6. In the event that a greater amount of stock ^i^^^ ^Qg 
shall be subscribed than is authorized by this act, the much sub- 
excess shall be taken from each subscriber in proportion scribed 
to the amount subscribed. 

Sec. 7. At the first meeting after each election of the President, how 
directors of said company, they shall choose one of their chosen 
own number as President, and the directors first elected 
shall continue in office until the first Monday in June, 
1838, and until others shall be elected: and the election for 
five directors shall be held on the first Moiiday of June Annual eiec- 
in each year thereafter at such place as the directors shall ^'°"* 
designate. Each subsequent election shall be held under the 
direction of three of the stockholders, who shall previously 
be appointed by the directors for that purpose. The elec- 
tibn for directors shall be held by ballot. No .person 
shall be a director who shall not be a stockholder of at 
least one share at the lime of his election. If any two! 
persons voted for for directors shall receive an equal 
number of votes, those who shall have a plurality of 
votes shall determine by ballot which shall be entitled 
to the office. 

Stic. 8. Should the stockholders fail to meet at the Whei. cicctionsj 
time herein specified to hold their elections for directors, ""' *!«•'' ^'P"^*^- 
the said corporation shall not thereby forfeit its charter, '^^'^ "'"^ 
but the directors in office shall continue therein with full 
power to exercise the duties conferred on them until 
their successors shall be duly elected. 

Sec 9. The said directors shall cause such exainina- To cause ex- 
tions, surveys, and estimates to be made, as may be neces- si».teyg°to be"'^ 
sary to the location of said canal on the most advanta- made 
geous line, from a point on the Mississippi river below the 
town of Gilead, to such point at or near the town of Guil- 
ford, as they shall designate for the termination of the same. 

Sec. 10. The said corporation shall have the power Power to puf- 
to purchase, receive, and hold such real estate as may chase reai«tat« 



^ INCORPORATION LAWS. 

be necessary and useful in the accomplishment ol' the objects 
df its creation; and the said corporatioti are hereby au- 
thorized to hold all lands which may bo given, granted, 
Or donated to the same by any person oi- body politic,' 
and to siell and convey the same. The directors of said 

-, corporation are also authorized to enter upon and use 

May enter up- ^ j n i ■ , i • i ., ^i i 

bn landf ^^Y ^"" ^" lands over and upon which the said canal may 

jJdSs, and so milch of said land as may be necessary to 
the construction, arid the convenient use and employment 
of the same; also, to take and use such timber, stone, 
and other materials as mdy be indispensable to the con- 
Pkoviso struction and maintenance of said canal: Provided^ That 

said corporation shall pay to the owner of the lands en- 
tered upon and used as aforesaid such damages as said 
owner may sustain, by reason df taking the timber, stone, 
and other materials by said directors, before entering 
Upon and taking the same. But if the said stockholders 
and owner of the lands entered upon, and the timber, 
Stone arid other materials taken, should not agree Upon 
the amount of damages claimed by the owners thereof, 
the amount of damages shall be ascertained according to 
the provisons of ''An act concerning the right of way, 
and for other purposes," approved February 28th, 
1833. 
Powers to use ^^^* ^^' The said company shall have power, and 
waters, dec, are hereby authorized, to use the waters of the Mississippi 
river to supply the water of the canal or otherwise, and 
to make such dams and locks as may be necessary to 
procure a sufficient quantity of water for said catial, or 
t*roviso otherwise: Provided, That said company shall be respon- 

sible for all damages sustained by the overflowing of any 
lands by the owner thereof, and also for all damages sus- 
tained by making dams or locks on the land of any per- 
son or persons whatsoever; and if said canal shall cross 
any public road, the said canal company shall erect suit- 
able bridges to cross the same. 
M-ty appoint ^Kc. 12. The directors of said company shall have the 
agents power to transact all the business of the corporation, 

and to this end may appoint such agents, clerks and en- 
gineers, and other persons, as may be necessary to man- 
May make ^g^ thc business of the company. They shall have pow- 
luiesiSc, by-law s er to prescribe all such rules, and to adopt all such by- 
laws, touching thc management and disposition of the 
stock, property, and estate of the company, and the 
conduct and duties of all persons employed by the corn- 
May require pany, as may be necessary. They shall also have pow- 
payment of ^j. j^ require payment of the stockholders, by instalments 
at such times as the same may be needed for the construction 
of the canal, or for any other purpose authorized by this act, 



INCORPORATION T.AWS. I>5 

and from lime to time give public notice of the payment 
thus required, and of the time and place of such payment 
in some newspaper printed nearest said projected canal, 
and such other papers as may be selected, such notices 
to be published at least four weeks previous to the day 
appointed for such payment, and the directors are au- 
thorized to cause the stock of such stockholders as make 
default in the payment of any instalments which may 
be called for to be sc^lj or to provide for the forfeiture 
of such stock to the company. 

Sec. 13. A majority of the board of directors shall q„(,ju„, 
constitute a quorum to do business, and shall have and 
exercise all the powers conferred upon the company. 
The said directors may contract and be contracted with, 
and loan any amount of money subscribed and paid 
in, to such person or persons, upon personal or mortgage 
security as the company may not have immediate use 
for in tlie prosecution and completion of said canal, and 
at the same rate of interest which can now be agreed 
upon and recovered by law by individuals. 

Sec. 14. The canal, to be constructed by said compa- ^y. , , . , 
ny, shall be of sufficient width and depth to admit the ' ' ^^ 
passage of canal boats of the ordinary kind, and the 
company shall be responsible for all accidents and delays 
occasioned by the carelessness, negligence or inattention 
of any of its agents. Said company shall permit all per-_, 
sons to pass upon said canal with boats and property sons to pass 
whenever the same is passable upon payment of such 
tolls as may be fixed upon by the directors, which tolls 
shall in all cases be uniform. 

Sec. 15. If any person shall wilfully injure or destroy penalty for i.^- 
any lock, dam, embankment, or any part or parcel of juiimworks 
said canal, or any building, boat, or other property on 
the line of said canal belonging to said company, such 
person shall forfeit and pay treble the amount of dam- 
ages sustained, to be recovered by action of debt in any llow reroveieJ 
court, having jurisdiction of the same, or before a justice 
of the peace in the name of said corporation, and be 
also subject to indictment and punishable by fine and 
imprisonment. 

Sec. 16. The mode of sueing said corporation shall 
be by summons, and a copy of the summons delivered to P'«^*^. 
thePresidentof the board, the secretary, or treasurer shall 
be sufficient service of process to require the corporation 
to answer and to authorize any court to proceed to 
judgment. 

This bill having remained with the Council of Revi- 
sion ten days, Susdays excepted, and the General Assem- 
bly being in se«sion, it has become a law this 20th day of 
February, 1837. A. P. FIEl.D, Secretary of State. 

4 



HG INCOKPORATION LAWS'. 

In force lUh -^N ACl' incoipoiathig the Monroe Mining manufactaiSng and expoiting com- 
Feb. 1837. pany. 

Sec. 1. Be it enadedhy the people of the State of Illinois 

represented in the General Assembly, That John Winstan- 

Body created. 'X ^^ ^^' Clair county, and his associates, successors and 

assigns, are hereby created a body politic and corporate, 

Name and by the name and style of the Monroe Mining, Manufac- 

Btyie. taring, and exporting company. 

May contract, ^^^' '^' ^^^^ company shall be competent to contract 
and be contracted with, and be capable in law and equity 
to sue and be sued, to plead and be impleaded, to answer 
and be answered unto, to defend and be defended in all 
courts and places, and in all matters whatsoever. Said cor- 
ggg^ poration may have and use a common seal which they 

ntiay alter or change at pleasure, and may also make and 
To make by- establish and put in execution, such by-laws, ordinances 
laws. ^j^jj regulations as may be necessary for the good govern- 

ment of said corporation, and the prudent and efficient 
management of its affairs. 

Sec. 3. The capital stock of said company shall be five 
«500 000^°'^'* hundred thousand dollars, divided into shares of one hun- 
Sha' 's «100 '^'^^^ dollars each, as the directors may see proper, and the 
Maybe in- Capital stock may hereafter be increased to one million, to 
creased te be expended in the erection, of mills, machines, works, 
$1,000,000. boats, wagons, and such buildings as may be necessary to 
carry on their business, also to be expended in mining for 
stone coal and other materials. 

Sec. 4. In order to facilitate the business operations of 
said grant, corporation, or company, they shall be author- 
To negotiate a ised to negociate a loan or loans of money to the amount 
'oan- of its capital stock, and to pledge all its property, real and 

personal, and all its rights, credits and franchises for the 
payment thereof. 

Sec 5. The said corporation sliall pay into the county 
freLluy'^one'^ treasury of Monroe county, on llie first Monday in Jan- 
half per cent, uary annually, one half per cent (after the election of di- 
rectors) upon the amount of stock actually employed by 
said company as a tax, which shall be in lieu of all other 
taxes or assessments upon the slock of said company for 
county purposes; the stock employed by said company 
shall be considered the amount of money expended by 
said company for the uses and purposes herein author- 
ised. 

Sec. 6. The president or treasurer of the company 
To make affi shall on the first Monday of January annually, make an 
davit. affidavit before the county commissioners court or some 

justice of the peace of said county, to the amount of cap- 
ital emp!o\ ed by said company, at the time of making 



INCORPORATION LAWS, 27 

such affidavit, and the tax herein authorised shall be as- 
sessed upon the amount stated in the affidavit. 

Sec. 7. That said corporation may purchase and hold To hold real 
such real estate as may be deemed necessary for the trans- estate, 
action of its business, to an amount not exceeding two 
sections of land, and to take and hold any real estate as 
securities mortgaged or pledged to said corporation, to se- 
cure the payment of any debts due, or that may, become 
due to it, and also to purchase on sales made by virtue of 
arty judgment at law, or any decree of a court of equity 
in favor of said corporation, to take and receive any real 
estate in payment or towards satisfaction of any debt pre- 
viously contracted or due said corporation, and to hold the 
same until they can conveniently and advantageously sell 
and convert the same into money, or other personal pro- 
perty, and to sell and convey said real estate or any part 
thereof. Provided^ All real estate purchased under judg- 
ment or decree, or taken in payment of debts as aforesaid, Proviso, 
shall be sold within three years from the date of purchase, 
otherwise the scime shall be forfeited to the Stale of Illi- 
nois. 

Sec. 8. This act is hereby declared a public act, and P"'^''^ *<='• 
shall take effect from its passage, and remain in force for ^" '°''*^' twenty 
the period of twenty years. ^* 

Approved 11th Feb., 1837; 



AN ACT to incorporate the trustees of Peoria Academy. In force 11th 

Feb., 1837. 
Sec. 1 . Be it enacted by the People of the State of Illinois, 
roji'esented in the General Assembly, That Amos Russell, 
Edward Dickinson, George W. F. Dashiel, Amos Stephens, 
Jlnoch Cross, Lewis Bigelow, John Armstrong, Peter Bart- Trustees of 
lett, Samuel Lowery, Johnson R.Stanton, Robert E. Little, Peoria Acade- 
and Rudolphus Rouse, and their successors be and they ""^ appointed, 
kre hereby constituted and declared a body politic and 
corporate, by the name and style of the Trustees of Peo- 
Ha Academy, and by that name to have perpetual succes- 
sion with the capacity of suing and being sued, pleading 
and being impleaded, of acquiring, holding, and convey- 
ing property both real and personal, of making contracts 
in execution of the powers hereby conferred, and of having 
and using a common seal, and with power to make and 
brdain such by-Jaws, rules arid regulations as shall be 
deemed needful and proper for the government of said in- 
stitution, provided, the same be not inconsistent with the 
constitution and laws of this State, or of the United States. 



28 incokporatkjiv laws. 

Sec. 2. The said Academy shall be located in Peoria^ 
in the county of Peoria, and the powers and privileges 
hereby conferred, shall be exercised and employed for the 
sole purpose of establishing a seminary of learning, and 
Maj receive promoting education. All gifts, grants, and donations, 
doiiaiioiis iu which shall be made for the use of the said institution, 
shall be received and held by the trustees for that purpose, 
and the same or the proceeds thereof, shah be applied in 
such manner as shall best promote the object and ad- 
vance the prosperity of the said institution, provided It ow- 
,. . , ever, That the lands within this State, to be held in pcrpe- 

$40 acifis. tuity tor the use ol said institution, shall not exceed six 
hundred and forty acres, and all donations exceeding that 
quantity shall be sold within five years from the date 
thereof, lor the benefit of the institution, and in failure of 
such 6alc the lands so given shall revert to the donors, and 
provided also, That all donations made for particular pur- 
poses expressed in the grant, if accordant with the proper 
objects of said institution, and accepted by the trustees, 
shall be applied in conformity with the design of the do 
nors. 

Sec* 3. The board of trustees shall consist of twelve 
^^^^^^|j*^^'|,^*" members, who are inhabitants of this State, a majority of 
Biid teaciiera whoni shall Constitute a quorum for the transaction of bu- 
by ballot, sincss; tlicy shall elect by ballot, alt such instrtrctors and 
oflicers as shall be deemed necessary and convenient, and 
shall have the general superintendence, management, and 
direction of the concerns of said Academy, and whenefcr 
' any vacancy shall occur in the board of trustees by death 
resignation or otherwise, the same shall be filled by the re- 
maining members; their meetings for the transaction ot 
Notice of meet- business shall be held at such times and places as they shall 
iug of iruBtecs. appoint, to bc called by giving personal notice thereof, to 
each individual member, or by publishing notice in some 
newspaper printed in Peoria, or by potting the same in 
three or more public places in said town, five days at least 
before the time of meeting. 
Persons cligi- Sec. 4. All pcrsons of good moral chai actcr, and suitable 
Lie as officers qualifications without regard to their religious faith, shall 
f"j '.^.^l'^!!' be eligible as officers and teachers, and admissable to pu- 

and student?, .,o. -i.t . ,i ini* 

Tower of ex. piluge in said Academy; the trustees however shall have 

pulsion for power to cxpcl any student and to remove any officer or 

gross iiumoral- teacher for gross immorality or misconduct, provided, That 

two thirds of the members present concur in such expulsion 

or removal, and provided also. That the accused shall have 

notice of the charges against him, and have an, oppOrtunS-- 

ty of being heard in his defence. 

ArriiovED Feb. llth> 1837,' 



INCORPORATION LAWS. 89 

A^ ACT to incorpoiate the Rock Island City Bikige Company. In force llth 

Feb lt37 

Sec. 1. Be it enacted by the people of the State of Illinois 
represented in the General Assembly^ That all persons who incorporation 
shall become stockholders, pursuant to this act, shall be 
and they are hereby constituted a body politic and cor- 
porate by the name of "llock Island City Bridge Com- 
pany," for the term of fifty years. 

Sec. 2. The capital stock of said company shall be di- Capital stoefe 
vided into one thousand three hundred shares of one hun- and share 
drcd dollars each. 

Sec. 3. George Davenport, Levi C. Turner, William ^^'"■"'"'oneri 
Dickson, Miles W. Conway, John W. Spencer, John S. for^subsc^tfon 
Miller and William Curr shall be commissioners for open- and what k- 
ing books for receiving subscriptions to the capital stock ""o""* required 
of said corporation. The said books shall be opened on " "^^^^ 
or before the first day of September next, and each of the 
said commissioners may receive subscriptions, and on sub- 
scribing shall be paid fivedollarson each share subscribed. 

Sec. 1. Whenever five hundred shares of the stock of When $bQO 

the said corporation , hall be subscribed, the commissioners subscubed. 
Ill I • . , 1 .1111 1 . uotice to be 

shall cause to bo given to tlie stockholders at least twenty given of meet- 
days notice of the time and place of meeting of the said ii'g. 
stockholders, by publishing once in each week, next pro- 
ceeding said time of meeting in two newspapers, printed 
nearest to the place of erecting the bridge to choose di- To choose di- 
rectors. At the lime and place appointed the stockholders rectors and 
shall choose seven directors being stockholders of said """" *"^ 
corporation, a quorum of whom shall be competent to Quorum 
transact business. Anew election of directors shall be a new election 
made annually at such time and place as the stockholders to be held aur* 
at their first meeting shall appoint. The directors, at any ""^iiy 
election shall, as soqh thereafter as may be, choose out of 
their number one person to be president, and shall also ap- To choose a' 
point a secretary and a treasurer. President 

Sec 5. The directors may continue to receive sub- Directors may 
scriptions to the slock of said company until the whole keep subscrip- 
numbcr of shares shall be subscribed. tion books open 

Sec. 6. The directors may demand from the slockhold- ^ ^^ ^ 
crs respectively, all such sums of money by them subscri- tubscriptioi* 
bed at such times and in such proportions as they may monev under 
think proper, under the penalty of forfeiting their respec- fg"*''^ *'^'°*' 
tive shares, and all previous payments thereon to the said 
president, directors and company, not impairing the right 
of enforcing payment by process of law of the subscription 
made under this act as aforesaid. 

Sec. 7. The said corporation may erect a bridge across May erect d 
Rock river, at Rock Island City. Said bridge is to be so ''"dge acros* 
ionstructed as to do no injury to the navigation of the riv- ^^^ '^^^ 



30 INCORPORATION LAWS 

cr, and that steam or other boats may pass without diffi- 
culty. 
Power to take ^^^' ^' The president and directors, OF olher persons 
possession of employed by them, may enter upon and|take possession of 
lands the land on each side of the river where the said bridge 

shall be erected; and the said corporation, on taking pos- 
session of any such land, or on receiving a conveyance 
To pay for thereof, shall pay the owner or owners the val ue of so much 
lanie &, how of the same as may be necessary for making and erecting 
said bridge and establishing a gate, toll house, and all oth- 
er works to the said bridge; and in case of disagreement 
between the parties as to such value, the same shall and 
may be ascertained by three freeholders of the county of 
Rock Island, who shall be appointed for that purpose and 
sworn to make a just valuation, by the county commis- 
sioners' court, on application of or from the said President 
and directors, to them for such appointment. 
Rates oftoii Sec. 9. Whenever the said bridge shall be cbmpleted 
and the fact certified by one of the commissioners of the 
county court of Rock Island county, the rates of tolls 
are to be regulated by the president and directors of said 
company, subject to the approval of the county commis- 
sioners' court. 
Forfeiture for Sec. lO. If any person shall wilfully impair or injurie 
'"j^^"6 bridge, |-}^g g^id bridge, he shall forfeit and pay to the corporation 
tred ^he sum of twenty dollars, to be recovered with costs 

of suit, and shall also be liable to pay to the said corpor- 
ation double the amount of damages sustained, with costs 
of suit, to be recovered in an action of trespass. 
1, , . . Sec. ll. If any person shall forcibly pass the gate 
Bluing gates without paying the legal toll, he shall forfeit and pay to 
without paying the Said Corporation eight times the amount of legal toll j 
**•** to be recovered by action of debt with costs of suit. 

Sec. 12. If any toll-gatherer shall unreasonably delay 
jforfeiiuro for Or hinder any passenger at the gate, or receive more than 
wquiring more the legal toll, or shall demand or receive toll from [any] 
Petsons^going P^rson or persons, either on foot or in carriages, going to 
to or returning or rctummg from their usual place of attending religious 
from church, worship, he shall, for every such offence, forfeit and pay 
Howtecoverc ^^^ ^^^ of five dollars, to be recovered with costs, to the 
use of the person or persons unreasonably delayed or hin- 
dered. 
■ Sec. 13. The shares of the stockholders of the said cor- 

frMsona^" * poration shall be considered to be personal estate, and 
May be trans- shall and may be transferred as such, 
ferred Sec. 14. It shall not bc lawful for any person to erect 

?'*!°'*'"''"^|" a bridge across the Rock river within two miles of said 
!°o miles** '" bridge at any time wheh the said bridge shall be in a safp 
itate for crossihg over the sarte. 



INCOUPORATION LAWS 3| 

Sec. \5. The said bridge shall be built not less than 
twenty-four feet wide, and be well secured by a railing on Width» dtc. 
each side not less than four feet high. 

Sec. 16. It shall not be lawful for any person or per- Penalty for ri- 
sons to ride or drive over said bridge faster than a walk'^'"KO'" driving 
with his, her, or their teams: nor shall it be lawful for any or driving moJt 
person or persons to drive more than twenty head of cat- than twenty 
tie or horses, on said bridge at a time, on penalty of for-''**'^°'^"*'i« 
feiting for every such offence not less than five dollars, ^he'^b^rWgea't'a 
to be recovered with costs of suit in the name of the trea- time and how 
surer, for the use of the said corporation, if a notice to recovered 
this elfert shall be posted at each end of the bridge. 

Sec. 17, If the said bridge shall not be commenced .„ 
within one year and completed in five years after the pas- g,„, ^ind**,^jj^ 
sage of this act; or, if the same shall be carried away or finished, dto, 
destroyed and not rebuilt within eighteen months there- 
after, then the said corporation shall from thenceforth 
cease, and this act be null and void. 

Sec. 18. The Legislature reserves the power and priv- Reservaiioi^ 
ilege of altering, amending orannulling this act whenever 
in its opinion the public welfare shall require it. 

Apphoved lUh February, 1837. 



AN ACT to incorporate the Carthage Female High School and Teaehers' ^' fore* liJt^ 

Seminary. Feb. 1837 

Sec. I. Be it enacted by the people of the State of Illinois 
renresented in the General Assembly, That Sidney H. Lit- fenons iacor- 
til, David W. Matthews, Samuel Marshall, Benjamin F. poraied 
Marsh, Thomas H. Owens, Mark Aldrich, John Lawton, 
Samuel M. Ncwhall, Walter Bagby, Thomas Gregg, Ellis 
Hughes,Homer Brown, E.D. Vandevert,David Greenleaf, 
Michael Richard, Valentine Wilson, Wesley Williams, 
Julius A. Reed, E. Chandler and Cyrus Felt and their 
successors be, and they are hereby created a body pol- 
itic and corporate, to be styled and known by the name of Nime and 
the "Trustees of the Carthage Female High School and style 
Teachers' Seminary," and by that style and name to re- 
main and have perpetual succession. The said High 
School and Seminary shall be and remain at, or within 
one mile of Carthage, in the county of Hancock and State 
of Illinois. The number of trustees shall not exceed 
twenty, nor be less than twelve. 

Sec. 2. The object of said corporation shall be the pro-Objec^ 
motion of the gencial interest of education. 



32 INCOUPORATION LAWS. 

Tbeirpowcis Skc. 3. The corporate powers hereby beslowcJ shalt 
be such only as arc essential or useful in the attainment 
of said object, and such as arc usua lly conferred on similar 
bodies corporate, to wit: To have perpetual succession; 
to make contracts; to sue and be sued; plead and be im- 
pleaded; to grant and receive by its corporate name and 
to do all other acts as natural persons may; to accept, ac- 
quire, purchase, or sell property, real, personal, or mixed 
in all lawful ways; to use, employ, manage and dispose of 
all such property, and all money belonging to said corpor- 
ation, in such manner as shall seem to the trustees best 
adapted to promote the oljject before mentioned, to have 
a common seal, and to alter or change the same; to make 
Buce by-laws for its regulation as are not inconsistent with 
the constitution and laws of the United States, or of this 
State, and to confer on such persons as may be considered 
worthy, such academical or honorary degrees as are usu- 
ally conferred by similar institutions. 
Further powers Sec. 4. The trustccs of Sciid corporation shall have au- 
ofuustees thority from time to time to prescribe and regulate the 
course of studies to be pursued in said institution to fix 
stnjctors and ^^^ ratcs of tuition, and other expenses; to appoint instruc- 
officers tors and such other officers and agents as may be necessa- 

Presciibe their py in managing the concerns of the institution; to define 
their'saiaries their dutics; to fix their compensation, and to displace or 
Purchase books remove them; to erect necessary buildings; to purchase 
fccmake rules ijooks, chemical and philosophical apparatus, and other 
* suitable means of instruction ; to make rules for the general 

mangement of the affairs ofthe insiitutiOn, and for the reg. 
ulation of the conduct of the students. 

Sec. 5. The trustees for the time being in order ta 
I vaoanc CB j^g^^g perpetual succession, shall have power to fill any va- 
cancy which may occur in the board from death or oth- 
Quorum crwisc, onc-third of the whole number ofthe trustees shall 

be a quorum to do business. 
Appoint a trea s^c. 6. It shall be the duty of said trustees to appoint 
•haJ^pve bond^*^^ of their number treasurer to the board, who shall be 
andsecurity required to give bond with suflicient security in such pe- 
nal sum as the board may prescribe, conditioned for the 
performance of such duties as the by-laws may require of 
him. 
To be open to Sec. 7. Thc said institution shall be open to all denom- 
ail denomina- jnations of christians, and the profession of any particular 
Power to expel Tcligious faith shall not be required of those who become 
students: all persons however, may be suspended or ex- 
pelled from said institution by the trustess thereof, whose 
habits are idle, or whose moral character is vicious. 
Power to intro- ^EC. 8. The board of trustees shall have the liberty ifit 
iluce»yit6in of shall bc by them thought bestto promote the general qI>- 



Incorporation lwvs. S3 

jects of the institution, to introduce a system of manual manual labor, 
labor, and in such case they shall determine the Pi'jpor- Jh^m'S' 
tion of labor of each student, and shall account to each stu • of labor to each 
dent for such labor, which shall be appropriated to thcdis-suident in dis- 
charge of his or her expenses in said institution. <=|j^r^s« "f"* 

Sec. U. The lands, tenements and hereditaments tobe Ppheh'iandi 
held in perpetuity in virtue of this act by said institution not to exceed 
shall not exceed one hundred and sixty acres. Provided, KovUo" 
^oHJCuer, that if donations, grants or devises in land shall 
from time to time be made to said corporation over and 
above one hundred and sixty acres, which may be held in 
perpetuity as aforesaid, the same may be received and 
held by said corporation for the period of five years from 
the date of every such donation, grant, oi devise, at the 
end of which time, if the said lands over and above 
one hundred and sixty acres shall not have been sold then 
and in that case the said lands so donated, granted, or 
devised, shall revert to the donor, grantor, or the heir3 of 
the devisor of the same. 

Approved 1 5th February, 1837. 



AN ACT to iiicorpcrate the Knox Manual Labor College. In force Feb. 

15, 1837. 

Sec 1. Be it enacted by the people of the State of Illinois^ 
represented in the General Assembly, That John Waters, 
John G. Sanburn, Mathew Chambers, Erastus Swift, 
Nehemiah H. Losey, George IJ. Wright, Ralph H. Hurl- 
burt, George W. Sale, Nehemiah West, Thomas Simmons, 
and Parnach Owen, be and hereby are created a body 
politic and corporate, to be styled and known by the Covporntion 
name of the trustees of Knox Manual Labor College, '^''^f'.^'' *'°'^y 
and by that name and style to remain, and have perpetual poiate.^" 
succession, the said college shall be located on section No. College to be 
fifteen, in township No. eleven north, of range one east, located at. 
of the fourth principal meridian in the county of Knox. 
The number of trustees shall not exceed twenty-five inclu- 
ding the President of the College, who shall be ex officio 
a member of the board of trustees. For the present the in- 
dividuals above named, shall constitute the board of trus- Tmsteei t« 
tees with power to fill the remaining vacancies at their '■"'^*j'"" "^ 
discretion.^ ^'^"'- 

Sec. 2. The object of said corporation shall be to pro- 
mote the general interests of literature, and to qualify Object of cor. 
young men in the best manner for the various professional ''°'^"°"' 
and business occupations of society, by carrying into ef- 

5 



34 INCORPORATION LAWS. 

feet a thorough system of mental, moral, and physical ed- 
ucation, and so reduce the cxpences of such education by 
manual labor and other means, as shall brinjj it withni the 

If ' o 

reach oi every young man of industry and promise. 

Sec. 3.Thc corporate powers hereby bestowed, shall be 
such only as are essential lo the attainment of said object, 
and such as arcusually conferred on similar bodies corporate, 
viz: to have perpetual succession, to make contracts, to sue 
and be sued, plead and be impleaded, to grant and receive 
Privileges and jn its corporate name, and to do all other acts as natural 
p°)^^^"„° '^°'' persons may, to accept, acquire, purchase or sell proper- 
ty, real, personal, or mixed, in all lawful ways, to use, cm- 
ploy, manage, and dispose of all such property, and all 
money belonging to said corporation, m such manner as 
shall seem to the tiustees best adapted to promote the 
above mentioned objects, to have a common seal and to 
alter or change the same, to make such by-laws for its 
regulation as arc not inconsistent with the constitution 
and laws of the United States or this State, and to confer 
on such persons as may boN:onsidered worthy of such aca- 
demical and honorary degrees as are usually conferred by 
similar institutions. 

Sec. 1. The trustees slmll have power from time to 
time to prescribe and regulate the course of study to be 
Powers of irus- pursued in said coUegc, and in the propaVatory departments 
fees attached thereto, to lix the rate of tuition, room rent and 

other college expenses, to appoint instructors, professors, 
and such other officers and agents as may be needed in 
managing the concerns of the institution, to define their 
powers, duties, and employments, to fix their compensation 
to displace and remove either of (he "instructors, officers 
or agents, as they may deem the interests of the college 
require; to fill all vacancies among the instructors, officers 
and agents, to erect necessary buildings, to purchase books, 
chemical, and philosophical apparatus and other suitable 
means of instruction, to establish and regulate the pro- 
posed system of manual labor, in the way which they shall 
deem best adapted to promote the object of said corpora- 
tion, to make rules for the general management of the af- 
fairs of the college, and for the regulation of the conduct 
of the students, and to establish w hen they shall deem it 
expedient, and the means can be procured, professorships 
of law and medicine. 

Sec. 5. If any trustee shall be elected president of said 

college, his former place as trustee shall be considered va- 

mtsSo^L cant, and shall be filled by the board of trustees. The trus- 

fiUed by board, tees for the time being, shall have power to remove any 

trustee from office for any dishonorable or criminal con- 

Pr'niM. (iuct, Providfrf, That no f?uch removal shall take place 



INUUIU'O RATION LAWS. '4^* 

without giving to such trustee notice of the charges exhi* 
ted against him, and an opportunity to defend himself be- 
fore the board, nor unless two-thirds of the whole number 
of trustees for the time being, shall concur in such remo- 
val. The trustees in order to l)ave perpetual succession, 
shall have po ver as often as a trustee shall be removed 
from oHice,die, resign, or remove out of the State, to ap- 
point a resident of this State to fill the vacancy in the 
board. A majority of liie trustees for the time being, shall 
be a quorum to do business. 

Si:c. (5. The trustees shall faithfully apply all lunds col- ^,^^^1^^^ ^ ^p_ 
lected or hereafter to be collcctid fur said college, accor- piy funds (Sic. 
ding to their best judgment, in erecting suitable buildings, 
in compensating the necessary instructors, professors, offi- 
cers and agents, and in procuring books, maps, charts, 
globes, philosophical, chemical, and other apparatus neces- 
sary in the promotion of sound learning in said institution, 
Provided^ That in case any donation, devise, or bequest, p^^^i^ 
shall be made, for particular purposes, accordant with the 
objects of the institution, and the trustees shall accept the 
same, every such donation, devise, or bequest, shall be ex- 
pressly applied in conformity with the condition prescri- 
bed by the donor, or devisor, provided, <ilso, That lands do- 
nated or devised as aforesaid, shall be ?olJ or disposed of 
as required by the last section of this act. 

Sec. 7. The trustees of said college always, and all oth- ^ 
or atjents when required by the trustees, before entering'^'""*®* "."'^ 

O, ,. r • • ill-l 1 agcutg to giv« 

upon the duties of their appointments, shall give bonds res- bonds &c. 
pectively for the security of the corporation, in such pe- 
nal sum and with such securities as the board of trustees 
shall approve. All process against said corporation shall be 
by summons, and the service of the same shall be by leav- 
ing an attested copy with the treasurer of the college, at 
least thirty days before the return day thereof. 

Sec 8. The said college and its preparatory depart- 
ments shall be open to all denominations of christians, and 
the profession of any particular religious faith shall not No religious 
be required of those who become students; all persons f"^'''' ''**J"''"^ 
however may be suspended or expelled from said institu- "gp^i..{n,onti. 
tion whose habits arc idle or vicious, or whose moral char- 
acter is bad. 

Sec. 9. The lands, tenements^ and hereditaments to be 
held in perpetuity in virtue of this act, by said institution, 
shall not exceed one thousand and forty acres, Provided Provl«>. 
however, That if donations, grants, or devises in land shall 
from time to time be made to said corporation, over and 
above one thousand and forty acres, which may be held in 

Ecrpetuity as aforesaid, the same may be received and held .j-j^^ j^^^, 
y such corporation, for the period of three years from the tion oTlandt 



9(J I.NCOKI'ORATIUN LAWS. 

may baheid by dale of every such donation, grant, or devist ; at the end 
corporation, of which time, if the said hinds over and above the said 
one thousand and forty acres, shall not have been sold, 
then and in that case the said land so donated, granted, or 
devised, shall revert to the owner, grantor, or the heirs 
of the devisors of the same. 
Approvkd Feb. irnh, 1837. 



In force, I8th ^v- t/.m ■ ■_ n .r. • , r , 

F«b 1837 At^l to iiicoipoiaic the I eona C oimncicial IiisuianceLomptiiy. 

The Peoria Sec. 1. Be it enacted by the People of the Sta^ of Illinoitf 

commevcM in- represented in ihc General Assembly, That there shall be 
n?*e«abSed.^^^^^'^'^^^^'^ '" the town of I'coria all insurance company 
' to be called the "Peoria Commercial Insurance Com- 
pany." 

Sec. 2. All such persons as shall become stockholders, 
their successors and assigns, arc hereby incorporated as a 
body corporate and politic, by the name and style afore- 
said, to have continuance i'or and during the term of 
For twenty twenty years from and after the passage of this act, and 
such corporate name and style shall be for the time afore- 
said capable in law and equity to sue and be sued, plead 
and be impleaded, answer and be answered unto, defend 
and be defended, in all masmer of suits, actions, pleas, 
causes, matters and demands whatsoever, in as full and 
eiFectual a manner as any person, body corporate or poli- 
tic, may or can do, and may have a common seal which 
they may alter or break at pleasure, and may purchase, 
May hoiri real Jjq|^ ^^^ convcy any real estate or personal property for 

•state to the . r i ■> t J ^ n -i 

value of five Ihe use ol said company, prmidcd, that the said company 

thousand dnj- shall not at any one time hold real estate exceeding the 
*""' value of live thousand dollars, excepting such as may be ta- 

ken for debt, or held as collateral security for money due 
to said company. 

Sec. 3. The said company shall have full power and law- 
Authorized to ^^^ authority to insure all kinds of property against loss 

insure all kinds , ' \ a ,i ' *^ "^ • i , i 

of property, or damage by nre, or any other cause or risk, to make 
all kinds of insurance against loss and damage on goods, 
merchandize and produce, in the course of transpor- 
tation or otherwise, whether by land, or water, and 
on any vessels or boat?, wherever they may be, to 
And loan any ^^^^^ ^"Y P^'"*- of their Capital stock, on respondentia or hot- 
part of ca|>ital tomry, or on mortgage of real estate, and to receive such 
■tock on inter- interest thercfor as is provided for by this act. Said com- 
***' pany may cause themselves to be insured against any loss 

or risk they may have incurred in the course of their bu- 



INCORPORATION LAWS. t7 

iiness, and against any maritime or other risk upon the 
interest they may have in any vessel, boat, gcods, merchan- 
dize or other property, by means of any loan or loans which 
they may have on respondentia or bottomry, and gener- 
ally to do and perform all other necessary matters and 
things -Gonnected with, and to promote the objects of, their 
incorporation, provided, that where said company shall 
lean out on mortgage of real estate any portion of their j^^^ ^.^i^^^ 
capital stock, they shall not be authorized to receive a than lo per 
higher rate of interest therefor than ten per cent, per an- cent, 
num. 

Sec. 4. The capital stock of said company exclusive of 
notes and profits arising from business, shall be fifty thou- 
sand dollars, and shall be divided into shares of fifty dol- Amountofcap^ 
lars each, fifty per centum of which shall be paid in good 'J*' ^*J°^J' ^J 
and lawful currency of the United States, or of this State ;„ six months 
within the first six nonths after the directors of said com- and the tfaidua 
pany shall have been chosen, and the residue at such times ^^■*»«" ""«'^''" 
and in such instalments as the president and board of di- 
rectors may call for the same, under such penalties and 
forfeitures as the said president and directors may order ^®"*"y' 
and direct. 

Sec. 5. The capital stock of said company may h ere a f- Capital stock 
ter be increased to an amount not exceeding two hundred ^*y^* '"' 
thousand dollars, should a majority of the stockholders 
deem it advisable, which additional stock shall be subscri- 
bed for under the direction of the president and directors 
of said company; fifty per centum of such increased capi- 
tal stock shall be paid in within. the first six months after 
the same has been subscribed for; provided hozcever, that 
the capital stock of said company sha 1 not be increased 
until the whole of the origmal stock is paid in. The stock 
of said company shall be deemed personal property, arid as- ]viay be ti-an^ 
signa'ble and tranferrable on the books of the corporation, fejr.?d. 
but no stockholder indebted to the corporation shall be 
permitted to make a transfer, until such debt be paid or 
secured to the satisfaction of the directors. 

Sec. 6. Amos Stevens, Thomas Philips, D. C. Enos, 
J. C. Armstrong, Moses Pettingell, Andrew Gray, Cyrus 
Leland, Aquilla Wren, and J. I). She waiter, are heieby Commissioners 
appointed commissioners to receive subscriptions to the "Pi"""'*'** 
capital stock of said company. Said commissioners shall 
open one or more books for subscription to said stock on 
such days and at such places as they may deem proper, and 
keepsthe same open until the whole of the capital stock of 
Baid company shall have been subscribed for, giving at 
least twenty days notice of the time and place when such 
subscription books will be open. The sum of one dollar on On* dollar oq 
each share shall be paid to the said commissioners at the ^**^*"' •^*'**« 
time of subscribing, and whenever the whole amount of 



38 INCUKPOUATIUN LAWS. 

capital stock shall be subscribed for, said commiiisioncrs or 
^"'l"e to be a majority of them, shall call a meeting of the stockholders, 
by giving public notice in some newspaper published in 
this State, of at least fifiecn days, for the purpose oi choo- 
sing a board of directors in pursuance of this act, which 
meeting shall be held in the town of Peoria, and so soon 
as a board of directors are elected and organized, the said 
commissioners shall deliver over the subscription books, 
and the whole amount of money they may have received 
on subscription, to the said board of directors. 

Sec. 7. The stock, property, and all the transactions 
and business of said company, shall be conducted by nine 
Directors how directors, who shall be chosen by the stockholders by bal- 
appDiuted. lot, each share being entitled to one vote. Said directors, 
at the time of their election, and during their continu- 
ance in office, shall be citizens of this state, and holders 
respectively of not less than ten shares of the capital stock 
of said company; said directors shall hold their office for 
one year from the time of their election, and until their 
successors are elected and qualified; they shall elect one of 
their own body president,a.nd in case of the death or resig- 
nation of any one of said board whereby a vacancy shall 
occur, it shall be lawful for a majority of the surviving 
How vacancy '^^''^ctors to appoint some person from among the stock- 
fiiltd. holders of said company to fill such vacancy, who shall 

hold the office until the next annual election. 

Sec. 8. The President and four of the directors, or 
five of the directors during the absence of the President, 
shall constitute a board competent to do and transact bu- 
Board may siness, and shall have power to make such rules, regulations 
make by-laws ^^^ by-laws, as to thcnn may seem needful and proper, 
touching the management and disposition of the property, 
stock, and cffiocts of said company, and the transfer of 
stock, and touchiing the duties of the several officers 
and clerks employed by them, and the election of 
directors, and all such matters as appertain to the business 
of insurance; and shall also have power to appoint a secre- 
tary, and to regulate the salary and pay of all such persons 
pjoviio. as shall be in tiieir employment, provided, such by-laws 

and rules are not repugnant to the constitution and laws 
of this State or of the United States. 

Sec 9. It shall be the dul) of the directors of said com- 
pany, at such times as the by-laws thereof shall prescribe, 
Divkieods. to make dividends of the profits and interest accruing 
from the business of said company, as to them shall iscem 
meet and proper, and shall lay before the stockholders a 
particular statement ol the profits, if any there be, after 
Ta^lake^epol•t^|^(J^,(,^i„g iQgggg Qpj clividends, and also such other infor- 
mation relative to the atl'aira of said company, whenever a 



INCORPORATION LAWS. 9 

majority of the stockholders shall require it; and said 
company shall not take any risk, nor subscribe any policy 
by virtue of this act, until one half of the capital stock 
of said company shall have been paid in. 

Sec. lO. Said com^pany shall not directly nor indirectly, Company not 
deal or trade, in buying or selling, any goods, wares, mer-*°trad«. 
chandize or other commodities whatever. The capital 
stock of said company, collected at each instalment, shall 
within six months thereafter be invested either in bank stock 
of the State Bank of Illinois, orloaned orsccured by mort- 
gage of real estate in this state, at such rates of interest as 
IS lawfut for individuals to charge in this State. 

Sec. U. In case of any loss or losses taking place* 
which shall be equal to the capital stock of said company, 
and the president and directors after knowing of said loss 
or losses having taken place, shall subscribe any policy o^Esuttofineni. 
insurance, their estate jointly and severally, shall be ac- ben of boud 
countable for any and every loss, which shall take place "ccoumabi* in 
under policies so subscribed; and the estates of the stock- """'" *^***' 
holders as aforesaid shall be liable to any losses, equal to the 
amount of said stock subscribed and not paid in, in all 
cases of losses exceeding the means of said company, 
whether they consist of stock paid in or profits not divided. 

Sec. 12. The said company shall not be permitted to ^" **•" ?*"* 

. , r ^ r ner may idmM 

msure on any one risk, an amount exceeding ten per cen- 
tum of the capital actually paid in, and secured to be paid 
in, upon the call of the president and directors of said com- 
pany, nor shall they be permitted to loan to any one in- 
dividual or company, an amount exceeding eight percent, 
of the capital so paid in. 

Sec. 13. So soon as the capital stock of this company 
shall have been paid in according to the terms of this char- 
ter, it shall be theduty of the president and directors there- J'/"\*''"'*"f. 
01 to report the same to the next General Assembly, and port to Leg'wW* 
shall make oath that said money is paid in, as the capital '""• 
stock of said company, and for no'other purpose whatsoever, 
and a copy of the oath certified by some justice of the 
peace, shall be filed in the office of the county commission^ 
ers of Peoria county. 

Apfroved February 18, 1837. 



40 INCORPORATION LAWS 

In force Feb. AN ACT lo incorporate the Illinois Beet Sugar Manufacturing Conl- 
18th, 1837. pany. 

Sec. 1. Be it enacted by the People of the Slate ofl'linois, rep' 
resented in the General Assembly^ That Edward Kil bourn, 
William Coleman jr., Alfred Buell, David W-Kiibournand 
Enos H. Buell, and their associates and successors, be, and 
tllinois Beet they are hereby constituted a body politic and corporate, 
Sugar Manu- under the name of the Illinois Beet Sugar Manufacturing 
pan"""* ^°'"" Company, and by that name shall have power to contract 
Power, and be contracted with, sue and be sued, plead and be im- 

pleaded, answer and be answered unto, in all courts having 
competent jurisdiction, and shall be vested with all the 
power and privileges necessary to the object of their in- 
corporation. 

Sec. 2. The said company shall have power to enter 

»Way cultivate into and carry on the business of cultivating and purchas- 

knd purci.a5e. j^g the Sugar Beet, and manufacturing sugar from the 

same, to export their products and manufactures, to erect 

mills, works, machines, and such other buildings as may 

be necessary to carry on their business, and to enter into 

all contracts which may concern the Use and management 

of said property. 

J,. Sec. 3. The capital stock of said company shall be 

?l&COO. °*^ one hundred thousand dollars, with power to increase the 
ower to in- Same at the pleasure of said company to any amount not ex- 
erease— i.otex- cceding two hundred and fifty thousand dollars, which 
000.'"^ capital stock shall be divided into shares of one hundred 

Shares. dollars cach. Provided, That the total amountof debt which 

ftoviso gj^jj corporation shall at any time owe shall not exceed 

ration*shan not one half the amountof their capital stock, and in case of 
•xceed one-half such cxccss the directors under whose administratioti it 
ofcajMtai. shall happen shall be holdcn for the same in their natural 
and private capacity, but this shall not be construed to ex- 
empt the corporate property of the company from being 
also liableand chargablefor such excess. 
Subscription to gj.^. 4. Subscription to the capital stock of said com- 
pany shall be opened under the direction of the directors 
hereinafter named, and they shall distribute the stock a- 
mong the several subscribers in such manner as they shall 
deem most conducive to the interest of said corporation; 
Duty ofDirec-and it shall be the duty ofihe directors for the time being, 
tors. to call for and demand of the stockholders, respectively, 

Penalty. j^jj sQ|y,s of money by them subscribed, at such times and 

in such proportions as they shall see fit, under the penalty 
of the forfeiture of their shares and previous payments made 
thereon to the said corporation, always giving thirty days 
notice in the nearest newspaper. 

Sec. 5. The stock, property, and concerns of gaid cor- 



INCOKPORATION LAWd. 41 

j)6ration, shall be managed and conducted by£vc directors, Shall bo (nao< 
who shall at the time of their election be holders, rcspec- *s*d by five di- 
lively, of not less than ten shares of the capital stock of ^ 
said company. Said directors sh:i)l be clioscn annually, ^"■^'^""■^♦o ^« 
on the first Monday in June, by the stockholders or their f^"'^" ^"""*'* 
|>rQxies, which shall be by ballot; eaqh share of the capital Time of. 
stock shall be entitled to one vote, and the persons receiv- 
ing the highest number of votes shall be deemed duly 
eiected, to hold their offices for one year, and until others Shall hold of^ 
are elected to fill their places. The directors so chosen, ^^ ll^ci^d!'^ 
or the major part of them, shall constitute a board and be 
competent to the transaction of business, and may from 
time to time make and prescribe such by-laws, rules and ^I*y ™a''« ^'J'* 
regulations, relative to the concerns of said corporation, ^^^'' 
the duties of the president and agent (each of vi'hom shall 
be elected by a majority of the directors so chosen) and 
shall also regulate the duties of their agents, clerks, and Shall regulate 
all others by them employed; and the said directors shall ^i^^'p^p^^gf"" 
have power to appoint such other ollicers, agents and May appoint 
clerks, as may be necessary for carrying on the business ^'i°'^i<="S' 
of said corporation. 

Sec. 6i Edward Kilbourn, William Coleman jr., Al- Directors ap- 
fred Buell, David W. Kil bourn and Enos H. Buell, shall pa'^^^d by state 
be directors from the time this act takes effect, and until Notice of eleo- 
othei's are elected. Four weeks previous notice of an tiori. 
election, after the first, shall be given, of the time and 
place of holding said election by publishing such notice 
once in each week for four weeks immediately preceding 
such election, in the nearest newspaper; and such election gpecto'rBof^eiec- 
shall be holden under the inspection of the directors. tions. 

Sec 7. The company shall at all times keep proper Shaii keep 
books of account, in which shall be registered all the shaif register 
transactions of the corporation, and it shall be the duty all transactions 
of the directors to make annual dividends, oratsuch other Sf>aii make an- 
times as a majority, of the directors shall direct, of so""^ 
much of the profits of said company as to them, or a ma- 
jority of them, shall appear advisable; and the said direct- 
ors, whenever required by a majority of the stockholders, 
shall exhi|)it at a general meeting a full and perfect state- statements ' 
ment of debts and credits, find ail other such matters as when required. 
may be deemed essential, relating to the affairs of the com- 
pany. 

Sec 8. Any three of the stockholders, whenever they Special meet- 
deem it necessary, may call a special meeting of the com- if^eiections 
pany. If it should at any time happen that an election of should notiw 
directors should not be made on the day when it ought •"*«^«—'^*"*' **> 
to have been made, the corporation, for that (^se, shall '"P'"*^*®'^" 
^otbe deemed dissolved, but it shall be lawful on«Tiy other 
day to meet and hold an election of directors in such 



4d 



INCORPORATION LAWS, 



May hold real 
estate 

Proviso. 

Not more than 
1,000 acres. 

Stock deemed 
personal prop- 
erty. 

No transfer 
■hall be made 
by stocklioldfrs 
while iadebted 
to. 

No banking 
powes vested 



manner as shall have been prescribed by the by-laws of said 
corporation. 

Sec. 9. The stock not disposed of by the directors in 
the manner herein before named, shall and may be issued 
by the directors, for tl;e time being, according to the by- 
laws and regulations that may be adopted by the said com- 
pany. 

Sec. 10. The corporation created by this act shall be 
capable and are authorized to purchase, hold and convey, 
any estate, real or personal, that may be necessary to en- 
able the same to carry on ellicicntly its business. Provi- 
ded, That said company shall not hold at any one time 
more than one thousand acres of land, as defined in this 
act, and for no other purposes whatever. 

Sec. ll. The stock of said corporation shall be deem- 
ed personal property an<l assignable and transferrable on 
the books of tlic corporation; but no stockholder indebt- 
ed to the corporation shall be permitted to make a trans- 
fer until such debt be paid, or secured to be paid, to the 
satisfaction of the directors. 

Sec 12. That nothing i-n this act shallbe soconstrued as 
to invest said company with any banking powers. The Le- 
gislature hereby reserves the right to alter amend or repeal' 
this act whenever the public good requires the same. 

ApraovKD l8th February, 1837. 



In foice Feb. 
l6th. Ib37 



Corporation 
created 
Powers and 
privileges 



AN ACT to incuiporate the Jo Da> less .Marine and Five Insurance Company 

Sec. 1. Be il enacted by the People of ihc State of Illinois, 
represented in the General Assembly, That George W. 
Campbell, M. C. Comstock, George Furgason, J. M. Bart- 
lett, JD. Vi. Morehouse, U. W. Brush, II. Ncvvhall, John 
Howe, T. B. Farnsworth, Jacob Wyth, S. H. Scales, F. 
Stake, Henry Corwith, J. W. Stephenson, Samuel T. 
Cluff, F. Slierman, Charles Peck, J. S. Johnson, Thomas 
Spriggins, J. P. B. Gratiott, H. H. Gear, G. P. Billon, N. 
S. Head, Daniel Wann, A. T. Crow, and William A.Jor- 
dan, and their associates, successors, and as3ignsy be and 
they are hereby incorporated into a body corporate and 
politic, by the name and style of the Jo Daviess Marine 
and Fire Insurance Company, to be located in the town of 
Galena, and to continue for sixty years from and after 
the passage of this act, and by that name and style shall 
be competent to contract and be contracted with, beicapa- 
bleia law and equity to sue and be sued, to plead and be 



INCORPORATION LAWS 43 

impleaded, answer and be answered untcf, defend and be 
defended in all courts and places, and in all matters what- 
soever kind and nature they may be, in as full and effi- 
cient a manner as any person or persons, bodies coiporate 
and politic may do. 

Seg. 2. The said corporation may have and use a 
common seal which they may alter, change or break sea^i^makoV- 
at pleasure: and may also make and establish and laws, itc, 
put in execution such by-laws, ordinances and regulations 
.as sljalJ, in their opinion, be necessary for the good gov- 
ernment of said corporation, and the prudent and effi- 
cient management of its affairs. No by-laws, ordinances 
and regulations of the same shall be in any wise contrary 
to the constitution and laws of this State, or of the United 
States, 

Sec. 3. The capital stock of said company shall be one Amount of 
handred thousand dollars, to be divided into shares of fifty capital nock 
.dollars each, to be paid in such instalments as the direc- "'^y be incr««- 
tors, chosen under this act, may from time to time direct, ^^ 
under such penalty as the president and directors may, 
in their discretion, appoint and order. The said capital 
stock may hereafter be increased to an amount not excee- 
ding five hundred thousand dollars, in the discretion of a 
majority of the directors of said corporation, to be subscri- 
bed for and taken, under the direction and superinten- 
dence of the president and directors aforesaid, or a major- 
ity of the said dicectors, by any person whomsoever, in 
the same manner as is provided for the subscription of the 
original capital stock; the stock of said corporation shall 
be assignable and transferrable according to such rules as May be tram- 
shall be adopted in that behalf by the by-laws and ordin- furred 
ances thereof. 

Sec 4. The corporation hereby created, shall havepow-^^°™tr?n. 
er and authority to make marine insurance upon vessels, surancei Ac. 
goods and merchandise, freight, monies, bottomry, respon- 
dentia, interest, and on all marine risks, and inland navi- 
gation and transportation, and against all losses by fire of 
any buildings or houses whatsoever; and vessels on the 
stocks, and also to receive monies on deposit, and to loan 
the same on bottomry and respondentia at such rates of 
interest as may now be allowed by the existing laws of this 
stater, and they may also cause themselves to be re-insur- 
ed against any maratime risk, upon which they have made 
insurance, and upon the interest which they may have in 
any vessels, goods, or merchandise, or houses, in virtue of 
any such loan,whcthcr on bottomry and respondentia or 
otherwise, on such terms and conditions as may be agreed 
upon by the parties, and to fix the premium and terms of 
payment. 

Sec. 5. All policies of insurance by them made, shall b« 



44 



INCORPORATION LAWs, 



Policies to bo 
countersigned 
|ind sealed 



Capital stock 
may be vested 
in any public 
funds of Unite; 
States, &c. 



Corporation 
may purchase 
and make sale 
of real and per- 
yoiial property, 



Commissioners] 
to superintend 
subscription to 
capital stock 



Public notice 
to be given of 
(ime and place 



subscribed by the president, or, in case of his absence, by 
the vice president, and countersigned and sealed by the 
secretary of said company, and all losses arising under 
any policy so subscribed and sealed, may be adjusted and 
settled by the president and board of directors. 

Sec.O. The said corporation shall not take any risk nor 
subscribe any policy by virtue of this act until one-fourth 
j-artof the capital stock thereof shall have been actually 
paid in. 

Sec. 7. The said company shall not directly or indirect 
ly, deal or trade in buying or selling any goods, wares or 
merchandise whatever, but the president and directors may 
at their option, vest the capital stock of said corporation 
in the capital stock of any incorporated bank, trust com- 
pany, or public funds of the United States, or any State 
in the Union. They shall have power also to loan to any 
citizen of this state any portion of the capital stock not 
exceeding ten thousand dollars to one individual on bot- 
tomry bond, mortgage of real estate, or other satisfactory 
surety at their discretion, upon the same terms as is provi- 
ded for in section four. 

Sec. 8. The said corporation may purchase and hold 
such real estate as may be deemed necessary for the trans- 
action of its business, and to an amount at any one time 
not exceeding twenty thousand dollars; and to take and 
hold any real estate as securities moitgaged or pledged to 
the said corporation to secure the payment of any debt 
due, or that may become due to it,and also to purchase on 
sales made by virtue of any judgment at law, or any de- 
cree of a court of equity In favor of the corporation, to 
take and receive any real estate in payment or towards 
satisfaction of any debt previously contracted or due to 
the said corporation and to hold the same ;but all real estate 
purchased under judgment or decrees, or taken in pay- 
ment of debts as aforesaid, shall be sold by the corporation 
within three years from the dale of purchase, otherwise 
such real estate remaining unsold at the expiration of said 
time, shall bo forfeited to the state of Illinois. 

Sec. 9. That B. II. Campbell, Benjamin Church, B. C. 
Lepper, L. Morehouse, and James Temple arc hereby ap- 
pointed commissioners for superintending subscription to 
said capital stock; and the said commissioners, or a major- 
ity of them, shall open one or more subscription books for 
said stock in the to'.vn of Galena, on the iirst Monday of 
April, 1837, and at least ten days previous to which, said 
commissioners shall give pul)!ic notice in all the newspa- 
pers published in said town, stating particularly the time 
and place of opening said books, together with the amount 
of the first instalment that will be exacted, and shall coq- 



lXC()RPOIlATIi;N LAW'S. 45 

tinuc to keep said books open from day to day for five suc- 
cessive days, uiiless[ the stock shall be sooner subscribed 
for, and the sum of twelve dollars and lifty cents on each 
share subscribed for sliall be paid to the said commission- 
ersat the time of miking the subscription. The books 
may be closed whenever the whole of said stock shall be 
subscribed; and whenever a board ofdirectorsshall be duly 
elected, the said eommi--3ioners shall deliver over to the 
said board of directors said book;?, and shall pay over to 
said board the wlioleamount of money by them respective- 
ly or jointly received, P/'c^^rZ-^/j/iyrf^'yc/-, that if the books Proviso 
for the subscription of stock shall not be opened at the 
timsherern required, the said commissioners may open 
books at any time thereafter, upon giving twenty days 
notice in all the newspapers printed in Galena, of the time 
and place of opening the same. 

Sec. 10. In case of death, resignation or absence of 
any of the commissioners namedin this act of incorpora- xiueemtir 
tion, it shall and may be lawful for any three of them to form a ouoiuin 
form a quorum and proceed to business, whose duties shall 
be the same in the premises as those prescribed to the 
whole of said commissioners by this act of incorporation 
named, and their acts as such s'^-all be legal. 

Sue. II. The stock, propert-, and concerns of said in- 
corp'^ration sliall be managed and conducted by seven di- DhtctorstQ 
rectors,'-vho shall hold their ot!:ccs for one year and until '"^^""5^ affairs 
others shall be chos n in thcirstcacl and no longer;and shall "M'^ny 
at the timeof their election be citizens of this State, and 
holders respectively of not less tlian ten shares of the cap- 
ital stock of Slid company. 

Sec 1*3. The first election of directors under this- act 
shall be held at such time and place in the town of Gale- "^'""^ '*"'' 
na, as shall be directed by the said commissioners, or a i'n'^^ection ' 
majority of them, who, or a majority thereof, are hereby 
appointed inspectors of said election, and the persons thus 
elected as directors sliall hold their ofliccs until the first 
Monday in April, 183?, and until others are elected in their 
stead. 

Sfx. 13. Tiie directors for every subsequent }ear shall^^'""" *'"''"" 
be elected on the first Monday in April in each year, at 
such time, and at such place within the town of Galena, 
and under the direction of such pcr^ons as a majority of 
the directors for the time being shall appoint, by a resolu- 
tion to be entered on their minutes. 

Sec. M. All elections shall be by ballot, allowing one 
vote to each share of the capital stock, and the seven per- ^y'»oare wbt 
sons who shall have the greatest number of votes shall '"**^'°" 
be directors, and if at any election two or more persons 
shall have an equal number of votes, so as to leave their 
election undecided, then the directors who have been duly 



46 IXCORPOUATIOX LAW^, 

elected, shall proceed to ballot, and by a plurality deter- 
mine which of said persons shall be director or directors, 
so as lo complete the whole nuinl»er, .and whenever any 
vacancy shall happen for the O'iice of ])rcsidcnt or vice 
president, or dirocUoT'", from death or oUierwise such va- 
cancy s!iall be hllcd for the remainder of the yearin which 
fill vacancies it shall happen, by the directors for the time being, or a 
majority of them. The said commissioners shall certify 
under their hands and seals the persons elected, and de- 
liver such certificate to the persons elected or to some one 
of them, and if, throu:^h any unavoidable accident, saiJ 
directors shall not be chosen on the first Monday as afore- 
said, it shall be lawful to choose them on any other day, 
in the manner herein provided. 

Sec. l5. Th^ directors, when chosen, shall meet_^ as 
soon as may be after every election, and shall choose out 
of their number a president, who shall be sworn or affirm- 
To elect a pie- ed faithfully to discharge the duties of his office, and shall 
sidftot &ud ap- prcgi^ie fyr QYYc year.and until another person shall be chos- 

pomt officers of r ... ^ i i • • i j r ^i i 

company, &c. en in nis stcaa,and also a vice president lor the same term: 
they shall have power to appoint a secretary and all sub- 
ordinate officers of said corporation, fix their compensation, 
define their powers and prescribe their duties, wdio shall 
give such bonds in such penal sums, wi'h such conditions, 
and with such securities as the directors shall prescribe, 
and hold their offices during tiie pleasure of a majority of 
said directors. 

Sec. 16. The president and vice president and two of 

Who to form jj^^ directors, and in the absence of either of the presir 

a board dents, three directors shall constitute a board competent 

to the transaction of l)usiness,and all questions shall be de-f 
cided by a majority of votes. 

Sec. 17. The president and directors of said company 
shall, previous to sul)scribing any policy, and once in ev- 
ery year after, publish in two of the newspapers printed 
in this state, the amount of their capital stock, against 

Amount ofcap what risks thev mean to insure, and the largest sum they 

puiiS'° '' mean to take on any risk. 

Sec. 18. The legislature-ofthisstate shall never pass any 
law retarding or obstructing or in any way suspending 
the collection of any debt ordebts due said corporation. 

r u Sec. 19. The exnenses incurred by the commissioners 

t^xpensesto be _ . i . • i i . i • i u ii i "j 

paid out ofcap. in cxccutmg any dutiesrequired by this act, shall be paid 
itai stock out of the moneys received by them from the subscribers 
out of the capital stock. 

Sec. -20. It .shall be the duty of the directors of said 
Directors to company, at such time as the by-laws thereof shall prc- 
makeciividonds jj ^.^ mukc dividends of so much of their interest aris- 

accoramg to . .' , -i.i i,i r ^ r-j 

by-law., Afcc. ing from the capital stock and the prolits oi said company 



INCORPOIIATIUN LAWS. 47 

as to them shall appear advisabh;, but the money receiv- 
ed, and notes taken for premiums or risks which shall be 
undeteimined and outstanding at the time ot making such 
dividends shall not be considered as part of the prolits of 
said company, and in ra^e of ;in}' loss or. losses v, liercby 
the capital stock of said company sludl be lessened before 
all the instalments arc pnid in, each pioj)rictor or stock- 
holder's estate shall be held acVountablc for the instal- 
ments that m.'iy remain unpaid, on his share or shares at 
the time of such loss or losses (akinii; j)lacc; and no subse- No subsequent 
quent dividend shall be made unt^rthc sum aii-oing from '^'^ ''''"'' '"''^* 
the profits of the business, ec|ual to su<.h dinninution, shall 
have been added to the capital stock, and once in every 
three years, and oftcncr ii so lequired by a irjajorit} of the 
stockholders, the directors shall lay before the stockhold- 
ers, at a general meeting, an exact and particular state- 
ment of all its transactions and affairs. 

Sec 21. This act is hereby declared to be a public act, Act declared re 
and shall take effect ficm and after its passage, and shall P"''^"^*'^^ 
be liberally construed lor every purpose heiein contained 
and the charter to be void and of no ciFect unh ss the stock 
shall be subscribed, and the company -shall commence op- 
erations within- two years after the passage of this act, and 
nothing in this act contained shall confer on said corpor- 
ation banking powers, or authority to issue notes in the 
similitude of bank notes in lieu of money. 

Sec 22. The legislature reserves the right to alter, ^ijjt ^.^.g^,.,^: 
amend, or repeal this charter on the application of a ma- 
jority of the legal voters of Jo Daviess county, 

Approvep 18th February, 1837. 



AN ACT to constnict a RuJl-roail fioin Naples to Jacksonville. Jn force 18th' 

Feb. ]837 
Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assanhly^ Tiiat John Manches- 
ter, Horatio N. Manning, Miran Leslie, Bezaleel Gillett, 
and Charles Collins, and their associates, successors, and Jarkfonviiie & 
assigns are hereby created a body corporate and politic, ^^l'''^^'*'''?'^'* 

d.i jji c ^\ Ti -11 1-iv^i nicorpoialed 

er the name and style ot the Jacksonville and JNaples 

Rail-road company, for the term of fifty years, and by 

that name may be and hereby are made capable in law and 

equity to sue and be sued, plead 'and be impleaded, defend 

and be defended, in any court or courts -of rgcord, or in 

any other place; to make, have, and use a common seal, 

and the sani? to renew and alter nt pleasure, and shall be 



i8 iiNCOUPOliATlOIS LAWS 

and are hcvc])y vested wilh all the powers, privileges, aud 
immunities which are or may be necessary to carry into 
effect the purposes and objects of tl»is act as liercinafter 
set forth, and the s:iiti company are hcreb; authorized 
and empowered to locate, construct, and fin.uly complete 
a rail-road from the town of JN'aplcs up AVoIf run (?o 
called,) to the town of Jacksonfillc in jMorgan county, 
upon the most eligible and proper route, and /'or this pur- 
pose said company are authorized to lay out their said 
road wide enough for a single or double track through the 
whole length, and for the purpose of cutting embank- 
ments, stone and gravel may take as much more land as 
may be necessary for the proper construction of and securi- 
ty of said rail-road: Provided^ All damages that may be oc- 
casioned to any person or corporation by taking of such 
lands or materials for the purposes aforesaid, shall be paid 
for by the company in the manner hereinafter pi-ovidcd. 
Capital stock ^^^* '^' '^'^^ capital stock of said company shall con- 
sist of two hundred thousand dollars to bo divded into 
shares of one hundred dollars each; the immediate gov- 
erment and discretion of said company shall be vested in 
five directors who shall be chosen by the stockholders of 
said company In the manner hereinafter provided, who 
shall hold their offices for one year after their election, 
and until others shall be duly elected and qualified to 
take their places as directors; and the said directors, a 
majority of whom shall form a quorum for the transac- 
tion of business, shall elect one of their own number to 
be president of the board, who shall also be the president 
of the company. 
Authorized to ^"^' ^' 'J^''^ ^^^^ corporation is hereby authorized, 
make surveys by their agents, surveyor?, and engineers, to cause such 
examinations and surveys to bo made of Che ground and 
country between the said town of Naples and the said 
town of Jacksonville as shall be necessai'y to determine 
the n>ost advantageous route for the proper line or course 
whereon to construct their said rail-road, and it shall be 
lawful for the said corporation to enter upon and take 
possession of and use all such lands and real estate as 
may be necessary for the construction and maintenance 
of their said rail-road, and the accommodations requisite 
and appertaining to the same, and may also hold all such 
lands as they may purchase or receive in any manner for 
the necessary purposes of said road: Provided^ That all 
lands or real estate entered upon and taken psssession of 
and used by said corporation for the purposes and accom- 
modations of the said rail-road, or upon which the site for 
the said rail-road shall have been located or determined by 
the said corporation, shall be paid for by the said corpora'. 



INCORPORATION LAWS, 41) 

lion in damages, if any be sustained by the owner or owneis 
thereof, by the use of the same for the purposes of said rail- 
road, ■which damages shall be ascertained in the same man- 
ner that damages are now ascertained in the case of public 
roads running through the lands of individuals, some one 
of the directors acting in the stead of the supervisor in 
the general road law. 

Sec 4. If any person shall wilfully, maliciously, or Redress fov ini 
wantonly, and contrary to law, obstruct the passage ofj>'>ie» 
"any car on said rail-road, or any part thereof, or any thing 
belonging thereto, or shall damage, break, or destroy any 
part of the said rail-road, or implements, or buildingS"j 
he, she, or they, or any persons assisting, shall forfeit and 
pay to said company for every such offence treble the 
amount of damages that shall be proved before any court 
competent to try the same, to be sued for in the name 
and behalf of said company; and such offender or offen- 
ders shall be deemed guilty of a misdemeanor, and shall 
be liable to an indictment in the same manner as other 
indictments are found in any county or counties, where 
such offence shall have been committed; and upon convic- 
tion, every such offender shall be liable to a fine not ex- 
ceeding five thousand dollars for the use of such county 
where such indictment may be found. 

Sec. 5. The time of holding the annual meetings of Time for hold- 
said company for the election of directors shall be fixed ing election for 
and determined by the by-laws of said company, and at g'^'pff"" '° ''* 
till meetings each stockholder shall be entitled to vote in 
person or by lawful proxy one vote for each share he, she, 
tor they may hold bona fide in said stock. 

Sfec. 6. Bezalcel Gillett, John Manchester, Charles^ . . „..^ 
Collins, Miran Leslie, are hereby appointed commission- to open books 
ers to open subscription books for the stock of said com- 
jpany; and said commissioners, or a majority of them, 
are hereby authorized to open subscription books for said 
stock, at such places as they may deem proper, and shall 
give at least thirty days notice of the time and place when 
and where such books will be opened in some newspaper 
printed in the town of Jacksonville, and shall keep said books 
open at least five days, unless the whole amount of capi- 
tal stock shall be subscribed sooner than said five days, 
and they shall require each subscriber to pay ten dollars on 
each share subscribed at the time of subscribing, and at 
the expiration of said five days, or sooner if said capital 
stock shall be subscribed, the said commissioners shall 
cause a meeting of the stockholders by giving ten days 
hotice in some newspaper printed in the said county of 
Morgan, and at such meeting it shall be lawful to elect 
the directors of said company, and when the directori 

7 



S<) INCORPORATION LAWS. 

of said company are chosen, the said commissioners shall 
deliver gaid subscription books, together with all sums of 
money received by them, as such commissioners, to said 
directors: Provided, That no person shall be a director 
unless he shall own at least five shares of the capital stock. 
Said corporation is hereby authorized to borrow any sum of 
money not exceeding their capital stock, and to make all 
such contracts as said corporation may deem necessary to 
carry into cfTcct the powers and privileges hereby grant- 
ed: Provided, Tiiat they shall not issue any drafts or 
checks, or other instruments to be used as a circulating 
medium. 
DeciaieJ ft ' Sec. 7. This rail-road is hereby declarer! to be a pub- 
P'.ibiic work lie work, and the State of Illinois may transport, carry, 
and convey, free from tolls, all persons or properly that 
the State may at any time wish to transport and convey 
upon 'ho sr.mc. 
Sec. 8. That the rights of way, and the real estate 
Land procmcd purchased for the right of way by said company, whether 

foi- the iMit off ,1 ^ i. u J ju -J *• J 

way, may be "J ^"i^tual agreement between the said corporation and 
held the owners or owner of such land or real estate, or which 

shall become the property of said corporation by ope- 
ration of law as in this act is provided, shall upon the 
payment of the amount of money belonging to the owner or 
owners ofsuch lands as a compensation for the same, become 
the property of said corporation, absolutely, and in fee 
simple. 
AuUioiizcJ lo ^^^' ^* 1'^" ^^'^'^ corporation is hereby authorized to 
join oilier jail- join any other rail-road now or hereafter to be incorpo- 
toacis rated and put in operation, at such place and upon such 

terms as may be mutually agreed upon by the said com- 
panies, or in case of disagreement by the said companies, 
upon such terms and at such places as the court of chao- 
ecry of the district where such connection is desired, shall 
decree upon bill liled, or suit instituted for that purpose. 
liixiit rc-crved *^EC. 10. The legislature reserves to itself the right 
by the Staio to purchase the stock of said corporation at any time, by 
paying to said company the value of said rail-road, fix- 
tures, cars, and other apparatus necessary for carry- 
ing on the business of said corporation; and for the 
purpose of ascertaining the value thereof, the legislature 
may appoint two or more commissioners, who shall 
proceed to ascertain by inspection and the oath of wit- 
nesses the actual value of the said road, fixtures, apparatus, 
and cars as aforesaid. The said corporation may take 
and transport upon the said rail-road any person or per- 
sons, merchandize or other property by the force and 
power of steam, or animals, or any combination of them, 
and mav fix, c-tablish, take, nnd receive such rates of 



INCOUPOriATIOiN Lwvn. 51 

toll for all passengers and property transported upon the 
same as the said directors shall from time to time estab- 
lish, and the directors are hereby authorized and empow- 
ered to make all necessary rules, by-laws, regulations, and 
ordinances, that they may deem necessary and expedient 
to accomplish the designs and purposes, and to carry into 
effect the provisions of this act, and for the transfer and 
assignn;ent of its stock which is hereby declared personal 
property, and transferrable in such manner as shall be 
provided by the by-laws and ordinances of said corporation. 

Sec. 11. If the said corporation shall not commence when woik is 
the work within one year from the passage of this act, lo he com- 
and complete the same within five years, then this act ^„^i","^' *"^ 
shall thenceforth cease and be void: Provided, however, Vwyno 
That that portion of a rail-road now completed, begin- 
ning at said Naples on the route aforesaid, shall be taken 
and deemed to be a commencement of the work within 
the meaning of this act. 

Sec 12. The said corporation are hereby authorized 
to make a lateral rail-road from the main stem to the town May maka a 
of Exeter in said Morgan county, and shall have the same i^^gjal railroad 
power in relation to the said lateral rail-road as is hereby 
given to said company for the construction of the main 
road. 

Sec. 13. The legislature reserves the power to alter, 
amend, or repeal this act whenever the public good shall ^^^^ ''* " 
require it; and in case of such repeal the said company ^'^'^ ^ 
shall exist for the period of two years for the purpose of 
winding up and closing its business, but not for the pur- 
pose of continuing the same, nor for any other purpose. 

Approved 18th February, 1837. 



AN ACT to incorporate the I'eltiu Ilolel Company. T i f ce iSti 

Feb. 1837 
Sec. 1. Be it enacted by the people of the Stale of Illi- 
nois, represented in the General Assembly, That Spencer 
Field, John W. Casey, Harlan Hatch, David Baily, David 
Mark, Enos Coldrcn, and Gideon Rupert, and their asso- Corporation 
elates and successors, be and they arc hereby constituted <^feated. 
a body politic and corporate, undei the name of the "Pe- Their powers 
kin Hotel Company," to be located in the original town "^"^ P"^'iee" 
of Pekin, in the county of Tazewell; and by that name 
shall have power to contract and be contracted with, and 
may sue and be sued, plead and be impleaded, answer 
and be answered unto, in all courts having competent ju- 



5i 



iNCOIlPORATION LAWS. 



Company mny 
hold and sell 
real & personal 
•state. 



PjOvi,u 



Anioiuit oi 
capit&l stock 



JDifCctois elect- 
ed to manage 
concerns ol" 
company 



!May make ^^ 
law?, &ic. 



Treafurer to 
give bond 



J'roviso 



risdiction; to have a common seal, which thej may alter 
at their pleasure; and shall be vested with all the powers 
and privileges necessary to the object of their incorpo- 
ration as hereinafter defined and limited. 

Sec. 2. The said company shall have power and be 
capable of holding and purchasing in fee simple any csr 
tate, real or personal, for the use of saidr corporation; 
and of improving, selling, and conveying the same; of 
erecting and improving buildings on the same; and of rent- 
ing, leasing, and occupying any or all such lands or 
houses, belonging to said corporation, for a term not ex- 
ceeding the limits of this charter: Provided^ That the 
real estate, owned by said corporation, shall not exceed 
one quarter section of land, except such as may be held 
as Collateral security for debts due the said company, or 
may become the property thereof by virtue of such in- 
debtedness. 

Six, 3. The capital stock of said company shall be 
fifteen thousand dollars, -which may be increased at the 
pleasure of said company to any sum not exceeding thirty 
thousand dollars; which said capital stock shall be divi- 
ded into shares of iiily dollars each, and subscribed for 
and held in the manner hereinafter provided. 

Skc. 1. The concerns of said corporation shall be 
managed and conducted by a board of directors, to con- 
sist of live persons, who shall be stockholders in said 
company, and who shall be chosen by ballot annually by 
tiic stockholders and their lawful proxies: and tlie five 
persons receiving the greatest number of votes, shall re- 
ceive the ccrtilicates of- the inspectors declaring thena 
djLiI}' elected. The directors, so chosen, or a majority of 
them, shall at all times constitute a board and be compcs 
tent to the transaction of business, and shall and may 
from time to time make and prescribe such by-laws, rules 
and regulations relative to the concerns of said corpora- 
tion, the duties of the president and secretary, their clerks, 
treasury agents, and other persons employed by them. 
The said board shall at their first meeting after their elec- 
tion, which meeting any two of the members of said 
board may call, elect a president and secretary, and trea- 
surer, Avho shall continue in office for one year. The 
treasurer shall give bond in such manner and in such 
amount as the said directors shall prescribe. And the 
said directors shall have power to appoint such other 
ofliccrs, agents, and clerks as may be deemed by them 
necessary in cstrrying on the business of said corporation: 
Provided^ That such by-laws and regulations shall not be 
repugnant to the constitution and laws of the Unite4 
States, or of this State. 



INCORPORATION LAWS. d3 

Stc. d. That Spencer Field, Harlan Hatch, and Da- Commissioners 
vid Marks shall be commissioners, the duties of whom o° °j'u,j"c)|**^|^'„ 
shall be to open books of subscription to the capital 
stock of said corporation, within six months from and 
after the passage of this act, in suth places and at 
such time as in their opinion will be thought proper, j^^jj^.^ ^^ j,. 
Twenty days notice shall be given by said commissioners given 
of the time and place of receiving subscriptions, and of 
the number of days^ the books will be kept open in a 
newspaper in the places where they intend to open said 
books for subscription to the capital stock of said com- 
pany. The commissioners shall receive no subscriptions 
unless at least two dollars on each share subscribed be 
paid at the time of subscription, and when the whole 
amount of the capital stock shall be subscribed, the said 
commissioners shall give a like notice of twenty days for Notice to b« 
the meeting of the stockholders for the purpose of choos- ^g*". ° ^f* 
ittg five directors, designating the time and place of hold- stockholders 
ing such election; at which election persons holding 
stock in said company shall be permitted to vote either in 
person or by lawful proxy. The said commissioners 
shall be inspectors of the first election for directors, and 
shall certify under their hands the names of those duly 
elected, and deliver over the subscription books and the 
amount of money received on subscriptions to said direct- 
ors so elected. 

Sec. 6. The stock of said corporation shall be con- Stocic of cor- 
fiidered personal property, and assignable, and transferra- g^e^ed'peMon- 
ble on the books of the corporation, but no transfer or ai property 
assignment of any share of any stockholder, who shall be 
at the lime of making such transfer or assignment indebt- 
ed to the corporation, shall be valid, until such debt be 
paid or secured to be paid, to the satisfaction of the di- 
rectors. 

Sec. 7. The said company shall at all times keep pro- Company to 
per books of account, in which shall be registered all the •'"P ^°°^^ "^ 
transactions of the corporation, and the same shall at all 
times be subject to the inspection of the stockholders, and 
it shall be the duty of the directors to make annual divi- 
dends, or at such other times as a majority of the direct- 
ors shall direct, of so much of the profits of the said com- 
pany as to them, or a majority of them, shall appear ad- 
visable, and the said directors shall whenever required by 
a majority of the stockholders exhibit at a general meeting 
a full and perfect statement of the debts and credits, and 
all such other matters as may be deemed essential rela- 
tive to the business of said corporation. 

Sec 8. The stock, not disposed of by the commis- Stock not di«- 
«oners in the manner hereinbefore mentioned, shall and ^pY^^uH '"'^^ 



5i INU^RPOllATIOX LAWS. 

may be issued by the directors for the time being, accord- 
ing to the by-laws and regulations of said company. 
Company may *^^^' ^' '^^ ^°°^ ^^ ^^^^ thousand dollaisof the capital 
organize stock of said Company shall be subscribed by responsible 

persons, and ten per cent, on said sum so to be subscribed 
actually paid to said company, or the commissionei's above 
named, then and not before shall said company be author- 
ized to organize themselves and proceed to business. 
Act in force for ^Ec. lO. This act is hereby declared public and shall 
ao years take efTcct from and after its passage, and be and re- 

main in force for and during tiie term of twenty years. 
Right rejerved^ Sec. 11. That nothing in this act shall be so constru- 
ed as to exempt the said corporation from the operation 
of the laws of this state regulating inns and taverns. 
The Legislature hereby reserves the right to alter, 
change, amend, or repeal this act whenever the public 
good may require the same. 
Approved IS'.h Februarv, 1837c 



In force, ISthjT- AN ACT to jncorpnvnte the Stoninston C'ollr^e of niiaois. 

Feb. 1837 

T uste s of ^EC. 1. Be it enactrd by the people nf Utc State of lUinoi!/, 

StQningtonCo\- represented in the Cieneral Assembly^ That Richard J. 
lege Burrett, William L. May, William Thornton, Robert Al- 

len, James Maxcy, Hiram Rountrec, Dan Stone, S. 
Francis, John Calhoun, John Tayloi-, George Forquer, 
Thomas Mather, and John Williams, be and they o^e 
hereby created a body corporate, to be styled and known oy 
the name of the "Trustees of the Stonington College of Illi- 
nois," and by that name to remain and have perpetual 
May hoiJ pro- succcssion with full power to acquire, hold, and transfer 
P'r'yt property, real and personal, make contracts, sue and be 

sued, plead and be impleaded, and in their corporate ca- 
pacity to make, have, and use a common seal, and the 
same to break, alter, or destroy at pleasure. 

Sec. 2. Said trustees shall not exceed the number of 
thirty-five; the president or principal of the college shall 
ex officio be a member of the board; no other instructor 
shall be a member. 

Sec 3. The powers hereby given said trustees shall 
not be used or construed to extend to the contracting for 
or acquiring any property, real, personal, or mixed, that 
shall not be necessary and proper for the purposes of an 
institution of learning of this kind, and the whole pro- 
perty of said corporation shall be faithfully applied 



INCORPORATION LAWS &^ 

solely to that end, and all funds by them owned or which 
may hereafter be owned, shall, according to their best 
judgment, be applied in erecting college buildings, in sup- j.yj,.j buydingn 
porting the necessary officers and agents of the institu- 
tion, in procuring books,. maps, charts, globes, chemical, 
philosophical, and other apparatus required to aid the pro- ^paratiM "'* 
motion of sound learning. Said trustees sjiall prescribe and 
regulate the course of studies to be pursued in the college, 
and in the preparatory departments attached thereunto; . . - 
also, to nx the rate ol tuition, room rent, and other col- and fix com- 
lege expenses; to appoint such officers and agents as pensa|>oni >ud 
may in their judgment be required to conduct said college ; ^'?^''k!! '"!'" 

X J c au • J i • 1 J * r i.u • t> ' ual labor ijrs- 

to define their duties and powers, and to lix their compen- tem 
sation; to remove any or all of theOI, when the interests 
of the college may fully require it; to establish, when 
thought proper, a system of manual labor; to create rules 
for the regulation of the students, and by-laws for the gen- 
eral management of the college: Provided, Nothing 
therein contained shall be inconsistent with the constitu- 
tion and laws of this State, or of the United States. Grant di i 

Sec. 4. The trustees shall have power to establish de- mas,4, confer 
partments for the study of any and all of the liberal profes- degreet 
sions, and to grant diplomas in the same; to constitute and 
confer the degrees of doctor in the learned arts, the sciences, 
and in belle lettres; and to confer such acedemical degrees 
as are usually conferred by learned institutionsof the kind. 

Sec, 5. Said trustees shall have power to institute a 
board of competent persons, always including in the num- 
ber the faculty of the college, who shall examine such 
individuals as may apply, and if the applicants are found 
to possess such knowledge of the studies pursued in said 
college as in the judgment of said board render them „ r- 

P ,, u -J J 1 1 , , Honorary Gra 

worthy, they may be considered honorary graduates, and duatca 
shall be entitled to a diploma accordingly, on paying 
to the treasurer the sum required by the trustees. Said 
examining board may not exceed seven in number; three 
may transact business, provided one is of the college 
faculty. 

Sec. 6. Any donation, devise, or bequest, made for 
special purposes, accordant wltlt the objects of the 
college, if the trustees shall accept the same, shall be 
faithfully and truly applied in conformity with the ex- 
press condition or conditions of the donor or devisor. 
The lands, tenements, and hereditaments, to be held in ^""•s" '*"^» 

.•,. •, r ,t • . ^ •! . ,.. sliall not ex- 

perpetuity in virtue of this act by said corporation, shall ceed two thou 
not exceed two thousand acres: Provided, Aoirewr, That sand acres 
grants, donations, or devises in land, which shall from 
time to time be made lo said corporation, may be held for 
the term of seven years from the date of every such 



90 IN'CORPORATION LAWS. 

grant, donation, or devise, at the end of which time the said 
lands, over and above the aforenamed two thousand acres, 
shall be sold by the corporation, and in case of neglect 
to sell, said lands so donated shall revert back to the ori- 
ginal donor or devisor, or to the lawful heirs of the same. 
Tieasurer shall ^^^' ^* ^he treasurer of said college, and all Other of it3 
give bond agcnts, when required by the trustees before entering 
upon the duties of their appointments, shall give bond for 
the security of the corporation in such penal sum and with 
such security as the board of trustees shall approve, and 
all process against said corporation shall be by summons, 
and service of the same shall be by leaving an attested 
copy wdth the treasurer of the college at least thirty 
days before the return day thereof. 

Sec. 8. Said college in its different departments shall 
be open to all denominations of christians, and the pro- 
fession of any particular religious faith shall not be re- 
StudentB may q^ipcd of the Students in order to admission, but those 
e cxpe e students whose habits are idle and vicious, or whose char- 
acters are immoral may be suspended or expelled at th6 
discretion of the trustees. 

Sec. 9. Said college shall be located at or near Sto- 
nington city in the county of Sangamon, State of Illi- 
nois. The trustees shall hold at least one meeting for 
Meeting may husiness, annually; and the aforenamed trustees shall 
be held on no* have powcr to call the first meeting, at which time shall 
*'*^' be chosen a president of the board, a treasurer and sec- 

retary. Special meetings may at any time be held by 
the order of the president of the board, due notice being 
always given. Five shall constitute a quorum to do busi- 
ness: Providc/J^ The president or principal of the college 
is one. 
Charter may be ^EC. 10. Should the corporation at any lime act cori- 
repeaiei trary to the provisions of this charter, or fail to comply 

with the same, (upon complaint being made to the circuit 
court of Sangamon county,) a scire facias shall issue, and 
the circuit attorney shall prosecute in behalf of the pea- 
pie of this State, for a repeal of its charter. 

This act to be in force from and after its passage* 
ArrRovED 18th February, 1837. 






INCORPORATION LAWS. 



5t 



AN ACT to incoi-porate the town of Upper Alton- In force. 18th 

February 18o7 

Sec. 1. Be it enacted by the People of the State of Illinoisj 
represented in the General Assembly, That Enoch Long^ 
William Clark, Peter W. Randle, Isaac E. Warnick) 
George Haskell, George Smith and Benjamin Walker, be^ 
and they are hereby constituted a body politic and corpo* Corporation 
rate, to be known by the name of the President ax)d Trus- ^^'^^'J'a, pj, 
tecs of the town of Upper Alton, and by that name they veiegoi. 
and their successors shall be known in law, have perpet- 
tualsuccession, sue and be sued, implead and be impleaded, 
defend and be defended in courts of law and equity, and 
in all actions and matters vVhatsoever, may grant, pur^ 
chase, receive and hold property, real and personal, with- 
in said town and no other, (burial ground excepted) 8^4 
may lease, sell and dispose of the same for the benefit of 
the town, and may have power to lease any of the reserv- 
ed lands which have been or may hereafter be appropriated 
to the use of said town, and may do all other acts as natu- 
ral persons, may have a common seal and break and alter 
the same at pleasure. 

Sec. 2. That all that district of country contained iii Bouhdivy ot 
section No. seven, and the south half of section No. six, in *""'"• 
township No. five north, and range No. 9 west of the 
third principal meridian, is hereby declared to be within 
the boundaries of the town of Upper Alton. 

Sec. 3. That the corporate powers and duties of said 
town shall be vested in seven trustees alter the term of Seven truttees 
the present incumbents has expired, to wit: on the first fofcrm a 
Monday in April, who shall form a board for the transac* "^ * 
tion 01 business. 

Sec. 4. The members composing the board of Trustees Trustees elecu 
shall be elected annually on the first Monday in April, to ««* *"""*"/• 
serve for one year. They shall be at least twenty-one 
years of age, citizens of the United States, and shall pos^ 
sess a free-hold estate within the limits of the corporation. 
Those persons only shall be qualified to vote for trustees. Who qualified 
or in such town meetings as may be held in conformity *® ^°*®* 
with the further provisions of this act, who possess the re- 
quisite qualifications to vote for state officers, and have re- 
sided within the limits of the corporation six months pre- 
vious to such elections or town meetings. 

Sec* 5. That the board of Trustees shall appoint their Trustees to ap- 

E resident from their own body; shall appoint all other of- point office»&. 
cers of their board, and shall be the judges of the qual- *" vacw»<:>««' 
ifications, elections and returns of their own members, 
and shall have power to fill all vacancies in the board oc- 
casioned by resignation, death, or six months absence of 
any member thereof. A majority shall constitute a board 

8 



58 LNCORPORAl lO.N LAWS 

to do business, but a smaller number may adjourn froW 
day today; may compclthe attendance of absent mem- 
bers in such manner and under such penalties as the board 
may provide. They may determine the rule of proceed- 
ings, and make such other rules and regulations for their 
own government as to them may seem proper and expe- 
dient. 

Sec. 6. That the board of trustees shall have power to 
t^"a!S"oSe«* ^®"*'y ^"^ collect tax€s upon all real estate within the town 
ux> tomaka HOt exceeding One per cent upon the assessed value thereof, 
reguiatloBB f^r cxccpt as may be hereinafter excepted, to make regula- 
town, &c, tions to secure the general health of the inhabitants, to 
prevent smti remove nuisances, to restrain tattle, horses, 
sheep, swine and dogs from cunning at largo, to establish 
night watches, erect lampsin the streets and liglUing the 
same, to erect and keep in repair bridges, to provide liccn- 
sing, taxingand regulating merchants, to regulate auctions, 
taverns, groceries and pedlars, theatrical and other shows, 
billiard tables and other amusements, to restrain and pro- 
hibit gaming houses, bawdy houses and other disorderly, 
houses, to prevent the shooting of fire arms within the lim- 
its of the corporation, to provide for the erecting of a 
house oi" correction, to establish and regulate markets, to 
©pen and keep in repair streets and avenues, lanes, alleys, 
drains and sewers, to keep tbe same clean and free from 
incumbrances; to establish and regulate afire department, 
to provide for the prevention and extinguishment of fires, 
to regulate the storage of gunpowder and othor combusti- 
ble materials, to erect pumps and wells in the streets for 
the convenience of the inhabitants, to regulate the police 
To regulate e- of the town, to regulate the election of town officers, to 
[oroprnJiton " ^^ ^^^ compensation, to establish and enforce quarantine 
for officers laws and from time to time to pass such ordinances, to 
Carry into effect the ordinances of this a(:t and the powers 
hereby granted as the good of the inhabitants may require; 
Impose and and imposcaud appropriate fines and forfeitures for the 
appropriate breach of any ordinance, and to provide for the collec- 
fines for breach j-^^j thereof; and that in casf>s arising; under his art, or 
of ordinances , . r . i i i j j- j • 

growing out ot the by-Jaws ana ordmanres made in pur- 

JuBiicen ef the suancc of tliis act of incorporation, any Justice of the 

peace have ju- Peace within said corporation shall have jurisdictionto 

heardndd'eter- ^^^'^ ^"^ determine the samf^, and an appeal may be taken 

mine and writs of certiorari allowcd from any such decisions in 

the same manner as now is or hereafter may be provided 

by law for appealing from judgements of Justices of the 

Pear«* 

Truiteei have Sec. 7. That the boardof trustees shall have power to 

power to levyieyy a tax fof the erection ofsch-^ol h'^'ii^o!* and^he gurport 

•r.d cr'Hert (ax '' ^ ' 



i\«'(»HP«>U.\TluN L.WVsS. 69 

of common schools wiihiu said corporation, and to raise 
money by loan on the credit of the town, for commencing 
and prosecuting works of public improvements, Provided^Ttovito. 
However, that the same shall be submitted to the vote of 
the citizens of the town and approved by a majority there- 
of. 

Sec. 8. That upon the application of the owners of two- 
thirds of real estate on any street or parts of a street, 
it shall be lawful for the board of trustees to levy and col- May levy and 
lect a special tax on the owners of the lots on the said ^|*^[*J***P** 
street or parts of a street, according to their respective 
fronts, for the purpose of grading and paving the sidewalks 
on said street. 

Sec 9. That ihe board of trustees shall have power to May hare pow- 
regulate, grade, pave and improve the streets, avenues, "*° "'*''* '!"" 
lanes and alleys, within the limits of said town, and to ex- fown, ice 
tend, open and widen the same, and to set aside and ap- 
propriate sufficient ground for a square, for a market and 
other public purposes, making the person or persons im- 
paired thereby adequate compensation, to ascertain which, 
the board shall cause to be summoned twelve good and 
lawful men, freeholders and inhabitants of said town, not Fieehoideii 
directly interested, who being first duly sworn for that "*"''"'" "^ 
purpose, shall inquire into and take into consideration as *'"^"' 
well the benefits as the injury which may accrue, and esti- 
mate and assess the damages which would be sustained by 
reason of the opening, widening, or extension of any street, 
avenue, lane or alley, or setting aside and appropriating 
ground for a market square and other public purposes, 
and shall moreover estimate the amount which other per- 
sons will be benefitted thereby, and shall contribute to- 
wards compensatingthe persons injured; all of which shall 
be returned to the board of trustees under their hands and 
seals, and the person or persons who shall be benefitted 
and so assessed, shall pay the same in such manner as shall Damafegas- 
be provided, and the residue, if any. shall be paid out of the """*' *° **• 
town treasury. ^^ 

Sec 10. That the trustees shall Iiave power to survey To survey and 
and plat all the grounds within the incorporation, and re- plat the ground 
cord the same-, which, when thus surveyed, platted ^nd '"^"^'^*^'°°' 
recorded, shall be a governing plat for town uses and pur- 
iposes, Provided^ However, that this shall not be so construed Provigc. 
as to give' the trustees power so to vary from any establish- 
ed plat as to thereby aflfect the rights of private individ- 
uals, or lay off the present unplatted ground otherwise 
than as out lots. 

Sec. 11. That whenever the owners of any lot or piece 
of ground included within the incorporation, shall neglect PeMom refiw- 
or refuse to pay the tax or taxes levied on the same, when '"t »o pay «"; 



60 INCORPORATION LAWS. 

w/so'id*""*'' ^^^y '"^y become due, it shall be the duty of the trustees 
to advertise the same for non-payment, either in a newspa- 
per printed in said town, or by posting in three of the most 
public places in said town, for the space of sixty days; and 
on further failure of payment thereof, to sell at public sale, 
so much of said lot or pice of ground as will be sufficient 
to pay said taxes and defray the expenses of collection. 
£t!Ibiished.'° ^^^' ^^ ^'^ ordinances shall, within ten daysafter they 
are passed, be published in a newspaper printed in said 
town and posted in three of the most public places thereof. 
Sec. 13. That when any real estate in said town shall 
have been sold by the authority of the corporation thereof, 
for the non-payment of any tax that may have been levied 
/leal estate upon the same, the same shall be subject to redemption by 
subject to re- jjjg owner or owners thereof, his, her or their agent or a- 
•mp ion. gents, within one year after the same shall have.been sold, 
upon paying to the treasurerof the board of trustees of said 
town double the amount of taxes for which the same was 
sold, together with the costfor the selling of the same. But 
should the said lots or parts of lots so sold for the non-pay- 
ment of the taxes aforesaid, not be redeemed within the 
time specified, then, in that event, it shall be the duty of 
the president of the board of trustees of the said town to 
President of execute a deed with a special warrantee, signed by the 
board to exe president of said board, and scaled with the corporation 

cute deeds. ^^^^ 

Officers of town ^^^* ^'^' ^^^ officers of said town, in addition to the 
trustees, shall consist of one cleik, one street commission- 
er, one treasurer, three assessors, one town constable and 
collector, one town surveyor, two measurers of wood and 
coal, one measurer of timber, one measurer and weigher 
of grain, and such other officers as the trustees of said 
town may deem necessary for the good of said town. 
President and Sec. 15. That the president and trustees of said town 
trustees to form g]jall, whenever they may deem necessary, order thefor- 
nies"" *^*"°^*" mation of fire engine companies, and fire hook and laddec 
companies. The fire engine companies each to contain from 
twenty-five to forty able bodied men, between the ages of 
eighteen and fifty years, and no more ; the firehook and ladder 
companies to contain each from fifteen to twenty-five able 
bodied men, and no more; which companies shall be of- 
ficered and governed by their own by-laws; shall be form j 
ed by voluntary enlistment; every member of each com- 
pany shall be exempted from jury and military duty, and 
whenever a member of each company shall have served 
twelve years he shall receive a discharge from the incor- 
poration, signed by the president, and shall forever there- 
after be exemptfrom further jury duty and from further 
military duty, except in case of invasion. 



INCORPORATION LAWS 61 

Sec. 16. That all lots of land or parcels of ground in 
said town, or which have been conveyed by the original 
proprietors thereof, or other persons, to the inhabitants of 
said town, in their aggregate capacity, or to any person 
or persons in trust for them, or for their use and benefit, and 
all funds raised or to be raised by the sale of donation lots 
or otherwise, whether for tlie erection of school houses, ^^^^ ^^^^^^ 
academies x)r places of public worship, are hereby declared ,o be vewed in 
to belong to and to be vested in said corporation, and corporation, 
shall be under the management and direction of the trus- 
tees aforesaid and their successors, and applied in further- 
ance of the objects intended by the proprietors or donors 
thereof; and the said trustees shall have power to institute 
suits for the recovery of every or any such lots or parcels Trusteei may 
of ground, should it be necessary; and to perfect in them'""''"'* »"''• 
and their successors the title thereof, or to make such other 
adjustment relative thereto as to them shall seem expe- 
dient and proper. 

Sec. 17. That it shall be the duty of the board of trus- 
tees, in such manner as they may hereafter provide, to 
give notice of all town meetings to be held, whether for Trustees to 
the election ot trustees or any other purpose arising under P^* ^"''^e of 
the provisions of this act, by posting the same in three of "^^^ '"*'* 
the most public places in said town, and stating there- 
in the object of such meeting, Provided, However, that Proviso, 
not less than three days notice of any such meeting shall 
in any case be given, except in cases of emergency. 

Sec. 18. That the members of the board of trustees and 
every officer of said corporation, shall, before entering on 
the duties of his office, take an oath or affirmation, before ^^Jf""*" '*''• 
some judge or justice of the peace, to support the constitu- 
tion of the United States and of this State, and faithfully 
to discharge the duties of their several offices. 

Sec. 19. That the trustees may have power to d'-JJ*n ^j.'^Jf " 
vide said town into such number of wards as to them [shaHJ^ards. 
seem expedient and proper, Provided, However, that no Proviso 
stock belonging to citizens without the bounds of said 
town shall be hurt by the authority of said corporation. 

Approved l8th February, 1837. 



AN ACT to incorporate the Princeton Seminary, j^^ ^^^.^.^ 21ft 

Feb., 1837. 
Sec. 1 . Be it enacted hy the People of the State oj Illinois, 
represented in the General Assembly, That Lucien Far- 
nam, Alby Smith, Nathaniel Chamberlain, Austin Bryant, 



62 



inco1(Poiiati«;n laws. 



John M. Gay, Culler Dunham, and Jcrenttiah Porter, and 
_ , , J their successors be, and they are hereby created a body 

Cieated a body ^.-•' .. J 



politic ami cor- 
1)0 rate. 



Their powers. 



Number 
trustees. 



Objects of cor. 
poration. 



politic and corporate, to l)e styled and known by the name 
of the trustees ol the Princeton Seminary, and by that 
name and style to remain and have perpetual succession 
with full power to make contracts, to accept, acquire, 
hold, and transfer property, real, personal, and mixed, to 
sue and be sued, plead and be impleaded in their corpor- 
ate capacity, to make, have, and use a common seal, and 
alter and change the same at pleasure, and said trustees 
shall never exceed the number of fifteen: for the present, 
the above named individuals shall constitute the board of 
Trustees, who shall fill the remaining vacancies at their 
discretion. 

Sec 2. The object of said corporation shall be to pro- 
mote the general interests of education, and to qualify 
young persons of both sexes for the several employments 
and profession of society, and for the honorable and use- 
ful discharge of the various duties of life. 
Where located, Sec. 3. The Princeton Seminary shall be located at or 
near Princeton in Putnam county, and within the bounds 
of township sixteen north, and range nine east, of the 
fourth principal meridian, and all moneys, funds, and es- 
tate hereby vested in the trustees thereof, or which may be 
hereafter acquired by them in their corporate capacity, 
shall be held, used, and employed solely for the benefit of 
said institution. 

Sec. 4. The trustees shall have full power from time to 
time to prescribe and regulate the course of study to be 
pursued in said seminary, to fix the rate of tuition and oth- 
er seminary expenses, toappoint'a president, professors, in 
structors,and such other oflScers and agents as they may deem 
necessary and proper in managing the concerns of the insti- 
tution, to define their duties, powers and employments, to 
fix their compensation, to displace and remove either or all 
of the instructors, officers, or agents as said trustees may 
thiiik the interests of the seminary may require to fill all 
vacancies among the instructors, professors, officers, and 
agents, to erect necessary buildings, to purchase books, 
maps, charts, globes, chemical and philosophical apparatus 
and other suitable means of instruction, to put in opera- 
tion should they deem it proper, a system of manual labor 
under such regulations as they may think best to adopt for 
the purpose of diminishing the expense of education, and 
of promoting the health of the students, to make such 
rules and by-laws for the general management and regu- 
lation of the institution as they may judge expedient, and 
the same to annul, alter, or amend at pleasure, Provided^ 
said rules and by-laws be not repugnant to the constitu- 



Trustees pow 
er. 



Aud agents. 



LNCORPOKATION LAWS. 03 

tion and laws of the United States or of this State, to con- 
fer on such persons as may be considered worthy such 
academical or honorary degrees as are usually conferred 
by similar institutions, and the said trustees shall have full 
power to do and perform any lawful matter or thing which 
they may deem conducive to the good of the institution, 
and consistent with the state of the funds thereof. 

Sec. 5. If any trustee shall be chosen president of Trustee 
said seminary, his former place as trustee shall be con- chosen ^p«sj- 
sidered as vacant, and his place filled by the remaining ^'(,,^[1^^*" 
trustees, the trustees for the time being shall have power 
to remove any trustee from his office as trustee, for any Trustee may 
dishonorable or criminal conduct. Provided^ That no such bs removed. 
removal shall take place on account of religious opinions, 
nor without giving to such trustee notice of the charges 
exhibited against him, and an opportunity to defend him- 
self before tTic board, nor unless that two-thirds of the whole 
number of trustees for the time being, shall concur 
in such removal. The trustees for the time being in 
order to have perpetual succession, shall have power as 
often as a trustee shall be removed from office, die re- His place how 
sign, or remove out of the state, to appoint a resident of filled, 
this State to fill the vacancy in the board. A majority of the 
trustees shall constitute a boaid competent to transact all 
business, except the permanent appointment or removal 
of officers, in which a concurrence of two-thirds of the 
whole board shall be necessary. The trustees shall have 
at least one stated meeting in every year, and should any 
trustee hereby appointed, or hereafter to be chosen, re- 
fuse to serve or fail to attend the meeting of the board for 
the term of one year after notificuion of his appoint- 
ment, the seat of such trustee or such trustees shall be de- 
clared by the board to be vacant, and they may proceed to 
fill the vacancy. How funds to 

Sec. 0. The trustees shall faithfully apply all funds col- ^^ ^''i'"''"- 
lected or hereafter to be collected for said seminary, ac- 
cording to their best judgment, in erecting suitable build- 
ings, in compensating the necessary instructors, professors, 
officers, and agents, in procuring books, maps, charts, 
globes, philosophical, chemical, and other apparatus ne- 
cessary to aid in the promotion of sound learning in said 
institution, provided^ That in case any donation, devise, 
or becpiest, shall be made for particular purposes, accor- 
dant with the objects of the institution, and the trustees 
shall accept the same, every such donation, devise, or be- 
quest, shall be expressly applied in conformity with the 
condition of the donator or devisor. ^ 

Sec 7. The treasurer of said seminary always, and all other agents to 
other agents when requirod by the tnntcr?, before enter- give i>ond, 
ing upon the duties of (heir r(spc'''.i\e ofh-jc^, shall give 



64 



INCORPORATION LAWS. 



Form of pro 
cess against 
corporation. 



ducted. 



bond for the security of the corporation, in such penal 
sums and with such sureties as the board of trustees shall 
approve, and all process against the corporation, shall be 
by summons, and the service shall be by leaving an at- 
tested copy thereof with the treasurer, or at his office or 
place of abode at least thirty days before the return day 
thereof. 

Sec. 8. The said seminary in all its departments, shall 
How to be con- at all times be conducted on liberal and enlightened prin- 
ciples, and be equally open to all denomination of chris- 
tians, and the profession of any particular religious faith, 
shall not be required of those who become students; any 
student however, may be suspended or expelled from said 
institution, whose habits are idle, vicious, or contumacious, 
or whose moral character is bad. 

Sec. 9. The lands, tenements, and hereditaments, to 
be held in perpetuity, in virtue of this act, by said cor- 
poration, shall not exceed one thousand acres, provided 
however, That if donations, grants, or devices in land, shall 
from time to time be made to said corporation, over and 
above said one thousand acres, which may be held in per- 
petuity as aforesaid, the same may be held and received 
by the said corporation, for the period of five years from 
the date of every such donation, grant, or device; at the 
end of which time, if the said lands over and above the 
said one thousand acres, shall not have been sold by said 
corporation, then and in that case, the lands so donated, 
granted, or devised, shall revert to the donor, grantor, or 
the heirs of the divisor of the same. 

Approved Feb. 21st, 1837. 



Amount of 
lands to be 
iiejd 



In force 
31, 1837. 



Feb. 



AN ACT to extend the eoiporate powers of the town of Peoria. 



Incorporation. 



Sec. 1 . Bt it enacted by the People of the State of Illinois^ 
represented in the General Assembly, That J. D. Shewalter, 
George B. Parker, Henry W. Clcaveland, and Thomas 
Phillips, be and they are hereby constituted a body poli- 
tic and corporate, to be known by the name of the 
"Trustees of the town of Peoria," and by that name 
they and their successors shall be known in law, have 
perpetual succession, sue and be sued, plead and be im- 
pleaded, defend and be defended in courts of law and 
equity, and in all actions and matters whatsoever; may 
M h Id o 6^^"*' purchase, receive and hold property, real and per- 
erty%°i and^ sonal, within said town and no other, (burial grounds ex- 



iNCOllPORATlOxN LAWS. 65 

cepted) and may lease, sell and dispose of the sfime for the Jjspose of the 
benefit of the town, and shall have power to lease any of "'"'""• 
the reserved lands, which have been or may hereafter bo 
appropriated to the use of said town, and may do all other May have a 
acts as natural persons; may have a common seal, and^^^^' 
break and alter the same at pleasure. 

Sec. 2, All that district of country contained in frac- 
tional section nine, fractional section ten, the south half 
of section four, and fractional section three, and to the J^°^"^^_^*'y °' 
middle of the Illinois river, and lake Tooria, are hereby 
declared to be within the boundaries of the town of Pe- 
oria. 

Sec. 3. The corporate j)owcrs and duties of said town 
shall be vested in nine trustees, (after the term of the pres- po^^.^sanddu 
ent incumbents shall have expired, to wit: on the eigh- ues of corpora 
teenth day of July next, and to be chosen and appointed tion. 
as is hereinafter directed.) who shall form a board for the 
transaction of business. 

Sec. 4. The members composing the board of trustees 
shall be elected annually on the last Monday of July, by Tmstfies how 
the persons residing' within said town, (qualified to vote ^J"^'' ^^^'^" ^'^'^' 
for represenfatives to the liCgislature,) to serve for one 
year; they shall be at least t\vcnly one years of age, citi- 
zens of the United States, and inhabitants of said town, 
and shall possess a frecliold estate within the limits 
thereof. 

Sec. 5. The board of trustees shall appoint their presi- 
dent from their own body, shall appoint all other officers 
of their board, and sliall he the judges of the qualifications, Tnisiees to ap- 
elections, and returns of their own members; a majority p"^°|^jp^j"^_ 
shallconstitute a board to do business, but a smaller number tion*, &cc. 
may adjourn from day today, may compel the attendance of 
absent members in such manner and under such penalties 
as the board may provide; they may determine the rule of 
proceeding, and make such oLhcr rules and regulations for 
their government as to them mny seem proper and expedi- 
ent. 

Sec. 6. Tiie board of trustees shall have power to levy 
and collect taxes upon all real estate within the town, not 
cxceedinff the one half of one per centum, upon the assess- ,, , , 

J 1 ^1 r . 1 • r^ X 1 ^ L May levy an 1 

ed value thereof, except as herenialter excepted; to make collect taxes. 
regulations to secure the general health of the inhabitants; 
to prevent and remove nuisances; to establish night watch- 
es, erect lamps in the streets and light thesEme; to regu- 
late and license ferries within the corporation; to lease j^egujate and 
the wharfing privileges of said town, giving to the owner licence ferries, 
or owners, occupant or occupants of the lots fronting the ^'^' 
river, the preference of such privilege; to provide for li- 
ccnsinor and taxing stores, taverns, groceries, auctioner«, 

9 ' 



06 " J.SCURPORATIUN LAW!?, 

and taxing and regulating theatrical and other shows, bil- 
liard tables, and other amusements, within said corpora- 
Prohibit gam-^^^'^j ^^ restrain and piohibit gaming houses, bawdy hous- 
ing houses, &c. cs, and other disorderly houses; to build market houses, 
establish and regulate markets; to open and keep in re- 
pair streets, avenues, lanes, alleys, drains, and sewers, to 
keep the same clear and free irom incumbrances; to 
establish and regulate a tire department, and to provide 
for the prevention and extinguishment of fires; to regulate 
the storage of gunpowder and other combustible mate- 
rials, to erect pumps and wells in the streets for the con- 
Regulate elec-venience of the inhabitants; to regulate the police of the 
tionsoftown towH; to rcgulatc the election of the town olticers; to fix 
officers and "^ ^jicir compensation, and from time to time to pass such 

their compeu- ,, ' ' . „ , . . ,• i • 

sation. ordinances to carry mto eilcct the provisions oi this act, 

and the powers hereby granted, as the good ol the inhab- 
itants may re([uire, and to impose and appropriate fines 
and forfeitures, for the breach of any ordinance, and to 
Proviso. provide for ihe collection thereof; pruvulrd, that the said 

trustees shall in no case levy a tax upon lots owned by 
the county, nor upon any land until the same shall have 
been laid otf into to\^ n lots. 

!Sfx. 7. Upon the application of the owners of two- 
thirds of the real estate on any street or parts of a street, 
May levy and it shall be lawful for the board of trustees to levy and col- 
coiiect a special ic(2i ^ special tax on the owners of the lots on the said 
'*''■ street or i)arts of a street, according to their respective 

fronts for the jmrpose of grading and paving the side walks 
on said street. 
. Sec. 8. The board of trustees shall have power to regu- 

provementV"^' 1^^©? grade, pavc, and improve the streets, avenues, lanes, 
kc. and alleys, within the limits of said town, and to extend, 

open and widen the same, making the person or persons 
injured thereby adequate compensation, to ascertain 
which, the board shall cause to bo SLmimoned twelve good 
and lawful men, freeholders and iniiabitants of said town, 
not directly interested, who being first sworn for that pur- 
pose, shall enquire into and take into consideration, as 
Ma cause '' ^^^'^ ^'^^ benefits as the injury which may accrue, and es- 
damages estim- timate and assess the damages which would be sustained 
ated and paid, by reason of the oj^ening, extension, or widening of any 
street, avenue, lane, or alley, and shall moreover estimate 
the amount which other persons will be benefitted thereby, 
and shall contribute towards compensating the persons 
injured, all of which shall be returned to the board of 
trustees, under their hands and seals, and the person or 
persons who shall be benefitted, and so assess'cd, shall pay 
the same in such manner as shall be provided, and the 
residue, if any, shall be paid out of the town treasury. 



INCORPORATION LAWS. G7 

Sec. 9. All ordinances shall within ten days after they 0(diiiauc€s lo 
arc passed, be published in a newspaper printed in said ^® P"*^''^''*^* 
town, and posted in three of the most public places 
thereof. 

Sec. 10. When any real estate In said town, shall have 
been sold by the authority of the corporation thereof for 
the non-payment of any tax that may have been levied 
upon the same, the same shall be subject to redemption by 
the owner or owners thereof, his, her or their agent or Real estat« 
agents within one year after the same shall have been sold, J"^^ '^y 
on paying to the treasurer of the board of trustees of said 
town double the amount of the taxes for which the same 
was sold, together with costs for selling the same; but shoidd 
the said lots or parts of lots so sold for the non payment of 
the taxes aforesaid, not be redeemed within the time speci- 
fied, then and in that event it shall be the duty of the prcsi- Piesidem of 
dent of the board of trustees of the said town, to execute ''"^''^ toexe- 
a deed with a special warranty, signed by the president *^" ^ ^^ ^' 
of said board, and countersigned by the clerk thereof. _, 

Sec. 11. It shall be the duty of the board of trustees to pay over mon- 
cause to be paid to the purchasers of lots all moneys which ey. 
may have been paid to the treasurer, over the cost of sell- 
ing the same. 

Sec. 12. The officers of said town, (in addition to the 
trustees) shall consist of one clerk, one street commission- Officers of the 
or, one treasurer, one assessor and collector of taxes, one ^"^^'"* 
town surveyor, one or more measurers of wood and coal, 
one or more measurers of lumber, one or more measurers 
and weighers of grain, and such other officers as the trus- 
tees of said town may deem necessary for the good of said 
town. 

Sec. 13. The president and trustees of said town shall, 
whenever they may deem it necessary, order the forma- 
tion of fire engine companies, and fire-hook and ladder 
companies. The fire engine companies, each to contain May form en- 
from twenty five to forty able bodied men, of between theS'"^ companip* 
age of eighteen and fifty years and no more, which com- 
panies shall be officered and governed by their own by- 
laws, and shall be formed only by voluntary enlistment. 
The fire-hook and ladder companies, to contain each from 
fifteen to twenty five able bodied men and no more. Ev- 
ery member of each company shall be exempted fiomjury^j,^ ^^j^^ ^^^ 
and military duty, and whenever a member of such com- empt fromcer- 
pany shall have served twelve years he shall receive a ta""i duties 
discharge from the corporation, signed by the president, 
and shall forever thereafter be exempted from further 
military duty, except in case of invasion. 

Sec 14. The members of the board of trustees and 'T'rustees to 
every officer of said corporation, shall, before entering on [Ij^^g"*'*^ 
the duties of his office, take an oath or affirmation before 



Ojjj INCORHORMluN l.AVVS. 

some judge or justice of the peace, to support the constitu- 
tion of the United States, and faithfully to demean them- 
selves in said office. 

Sec. 15. The trustees shall have power to divide the 
To lay offclis- town into as many districts, or wards, as they from time 
tricts. to time may thmk necessary or proper, for the good of 

said town. 

Sec 16. The trustees of said tovt^n of Peoria shall have 
full powers to receive donations of lots or lands for any 
To receive do public building or other public works, and to receive in 
nationsofiaiids the name of the corporation, Irom individuals or compa- 
nies, deeds of trust for lots or lands, situate in the bounds 
of said town, or within one mile thereof, whenever the 
said trustees shall deem it for the interest of said town to 
accept such deeds of trust, and wlicn so received or accep- 
ted, they and their successors shall perform the terms of 
all such deeds in perpetuity. 

Sec 17. This act shall not extend so far as to author- 
To levy tax on izc tlic trustccs of Said town to license or levy any tax 
nieichantsj&c. upon merchants, auctioneers, pedlars, or ferries, until the 
county commissioners' court of Peoria countj shall, by an 
order to be entered on the records of said court, agree to 
relinquish the revenue arising from licences of merchants, 
auctioneers, pedlars, and ferries, within the bounds of the 
Pro.ijo. corporation of said town; provided, that if such order of 

said court shall be made, the trustees of said town of Peo- 
ria shall take charge of all the paupers within the bounds 
of said corporation, so as that the county shall be free 
from any charge on account of any paupers in said town; 
Proviso. provided further, that the right to lease the wharfing privi- 

lege as contemplated in tlie sixth section of this act shall 
not extend to authorize any person or jiersons to erect 
any building or buildings on ground leased for wharfing 
privilege as aforesaid. 

Approved 21sL February, 1837. 



Fab 18'''7 "'^^ ACT to incoiporate the Mississipiii Dosmoines R.ipuls Drii'ge Conipanj' 

Sec. 1. Be it enuded h\j llic people of the Stale of Illinois, 
represented in the General Assembly, That John Tilson jr.,, 
Adolphus Allen, Sidney II. Little, David W. Matthews, 
E. D. Vandervcrt, and James Kent, and such other per- 
^"j°"-j*^°"^*'"sons as may associate with them, by subscribing stock as 
corporate. hereinafter authorised, be and they are hereby con- 
stituted a body politic and corporate, by the name of the 
Mississippi Dcsmoines Rapids Bridge company; and by 



{ 



INCOKPOUATION LAWS. C9 

that name they and their successors shall and may here- 
after have succession, and shall in law be capable of suing 
and being sued, pleading and being impleaded, answer and 
being answered unto, in all courts and places whatsoever; powers, 
and they and their successors may have a common seal, 
and may alter and change the same at pleasure, and also 
they and their successors by that name and style, shall be in 
law capable of purchasing, holding and conveying, any es- 
tate real and personal, for the use of the said corporation; 
but the said real estate so to be holden, shall be such only 
as shall be necessary for the transaction of the business of 
said corporation, at each end of said bridge. 

Sec. 2. That the capital stock of said company shall Capitpl stock 
be two hundred thousand dollars, with the liberty to in- $vJOO,OUO. 
crease the same from time to time, by new subscriptions, 
in such manner and form as they shall think proper, if such 
increase shall be found necessary to fulfil the intent of 
this act, which said capital stock shall be divided into 
shares of one hundred dollars each, which shall be deemed g^aj-es .«ioo. 
personal propcrt}*, and be transferable in such manner as 
said corporation sliall in their by-laws order and direct. 

Sec. 3. The said John Tilson jr., Adolphus Allen, Sid- 
ney H. Little, David W. Matthews, E. D. Vandevert, and 
James Kent, are hereby appointed commissioners, the 
duty of whom or a majority of them, it shall be to open 
books in such places in this State, as they may think most 
suitable, and if necessary, in the cities tjf i'hiladelphia, 
New York, and Baltimore, and shall advertise the times 
and places of opening said books in the Carthagenian,Toopenbooki. 
and such other newspapers in this State or elsewhere, as 
they may think proper, giving at least thirty days notice 
of the time and place of opening books. If the whole of 
the capital stock herein named shall not be subscribed for 
at the time and place appointed for such subscription, said 
commissioners or a majority of them, shall take such 
measures for completing such subscript ion as they may deem 
expedient and proper, and every subscriber shall at the 
time of subscribing, pay to said commissioners the sum of 
one dollar on each share subscribed. 

Sec 4. As soon as the capital stock shall be subscribed, g^^^jj .^^ ^^_ 
the said commissioners shall give notice thereof in like tke when stock 
manner, and appoint the time and place, designating the all subicrib«d. 
same in said notice, for such stockholders to meet for the 
purpose of choosing a board of directors, which shall con- 
sist of seven in number, every stockholder shall be enti- 
tled at such and all other elections, to one vote for each Boaitfto con- 
share, to the number of ten, and one vote for every five"** °^ '""• 
additional shares, which votes may be given in person or 
by proxy. At the election to be held as aforesaid, the 



70 Ii\COlUn>RATlUi\ LAWS. 

How •lection said Commissioners or sucli of them as may attend, shall be 
to be conducted jjjgpgj.j^jj,g^ and their certificates of the nnmes of the per- 
sons elected shall be conclusive evidence of such election, 
and said commissioners shall deliver over the subscription 
books to the said directors with the money received there- 
on. The said directors so chosen, and who may here- 
after be chosen shall immediately after their elec- 
tion proceed to choose one of their body to be 
president, who shall preside at all regular mcetnigs of the 
board; a majority shall constitute a quorum, and in case of 
the absence of the president, the board may appoint a 
president 'pro tempore to preside. The said board shall 
Elections once have the power to prescribe the time and place of hold- 
ayear. jng all future elections for directors, which shall be once 

a year; and the said board of directors shall be vested with 
power to transact all the business of the incorporation in 
their corporate capacity, whose acts shall be binding on 
the same. The said board shall have power to fill all va- 
cancies which may occur in their body, which appoint- 
^°"'"°'"^*'^^ ment shall remain until the next annual meeting. 

Sec. 5. The board of directors when elected and or- 
ganised, shall have power to make and prescribe such by- 
laws, rules and regulations as to them shall appear need- 
ful and proper, touching the m.anngcmcnt and disposition 
of the stock, property and efl'ects of said corporation, tho 
transfer of shares, and touching the duty and conduct of 
their oflicers and servants, and all ollicr matters whatsoev- 
er, which may appertain to the concerns of the said" cor- 
poration, shallappointasccretary,trcasurer,and such clerks 
as may be necessary for the transaction of business; proxi- 
dcd, The said by-laws be not repugnant to the constitu- 
tion and laws of this State, and of the United States, 
bridee**^'* Sec. 0. The said corporation arc hereby authorised and 

empowered to erect a bridge over the Mississippi river at 
the town of Desmoines in Hancock county, the manner 
and form of the construction of said bridge, shall be de- 
cided upon by said corporation, provided, That said bridge 
shall be constructed and built of sufficient height to leave 
the steam boat channel in said river free from all obstruc- 
tions that might retard the navigation of said Mississippi 
river, either in high or low water, and so as not to be in 
the way of any improvements of the navigation in said 
river that may hereafter take place. 
To purchase Sec. 7. Tho said coporation shall be authorized to pro- 
necessary Ian • j,^.^ ^ sufficient quanty of land at each end of said bridge, 
on which to build toll-liouscs and gates, and to afford room 
for the necessary transactions of the business of the con- 
cern; and in case of a disagreement betwixt the corpora" 
tion and the owners of the land on the east side of said 
river, as to the value and price of said land, the same shaU 



IiNOORPORATlON LAWS 71 

e ascertained by three disinterested freeholders of the 
,ounty in which the lands lie, who shall be appointed for 
,hat purpose by the county commissioners' court of the same 
county on the application of either party, and shall be 
sworn to make a just valuation thereof; and when the 
said corporation shall have tendered to the owner or own- 
ers or their agent or agents the full amount of the valua- 
tion of said lands, as assessed by the said freeholders, then 
the said corporation shall be deemed to be seized and pos- 
sessed of the fee simple of all such lands or real estate, 
and it shall be the duty of the said freeholders or a majority 
of them to deliver to the said corporation a written state- 
ment of the award or awards they shall make, with the 
description of the said lands, to be recorded in the recor- 
der's office of the county in which the land lies. 

Sec. 8. As soon as the said bridge shall be completed, it To erect toil 
shall and may be lawful for the said corporation to erect ^^'*''" 
agate at the end of said bridge, and to demand and re- 
ceive the same rates of toll fbr passing the same, as may 
be then allowed to the fcrriers crossing the Mississippi 
within the limits of Hancock county; the said corporation 
shallobtain from the county commissioners' court of Han- 
cock county, a list of the rates of toll as established by 
them for the various ferries over the Mississippi within the 
limits of said county, for which the same tax may be 
charged as is charged the ferries aforesaid in such cas- 
es, and shall set up in a conspicuous place, free for the Rate* of toil to 
inspection of travellers or other persons interested, the be posted up. 
rates of toll as aforesaid. 
Sec. 9. If any person or persons shall willfully ormali-„ , ^ . 

11 ^11 ^Ui. 1 Penaliv for in- 

ciously door cause to be done any act whatsoever where- j^jn^bj-idge, 
by the said bridge or any thing appertaining to the same, 
shall be impaired, injured, or destroyed, the said person or 
persons so offending, shall forfeit and pay to the said cor- 
poration, trible the amount of damages occasioned there- 
by, to be recovered by tlie said corporation with costs of 
suit, in an action of trespass, in any court having compe- 
tent jurisdiction thereof. 

Sec. 10. If anj toll gatherer shall unreasonably delay -Pena"/ '""' 
or hinder any traveller from passing said bridge, or shall e'lui"™^ 
demand or receive more toll than is by this act established, 
he shall for ever}' such offence, forfeit and pay a sum not 
exceeding ten dollars with cost of suit, to be recovered be- 
fore any justice of the peace of the county where such 
offence shall be committed, for the use of ihe person or 
persons so unlawfully delayed, hindered or defrauded. 

Sec 1 1. It shall not be law''ul for any person or persons Penalty for 
to ride or drive over said bridge faster than in a walk, nei- ^.^i^"^ °^" * 
ther shall any person drive on more stock or teams atone 



72 



IxNCORPU RATION LAWS. 



time, than shali be ordered oi permitted by the toll gatherer 
or attendant on said bridge, on penalty of forfeiting tor 
every such offence the sum of five dollars, to be recover- 
ed before any justice of the peace as aforesaid. 

Sec. 12. All officers or directors chosen at the annual 
'^""°'^^'''"' election aforesaid, shall hold their offices until the next 
annual election, or until others arc elected in their stead, 
and the president and directors or a majority of them, 
shall have power to call a meeting of the board vj^henever 
they may deem it necessary, by publishing a notice of the 
time and place for holding the same, thirty days previous 
to the time of said meeting. 

Sec. 13. If the said bridge shall not be commenced and 
the w^ork put into successful progress, within five years 
after the passage of this act, the said corporation shall be 
dissolved, and this act of no effect. 

Approved 2 1st February, 1837. 



Coipoiation 
dissolved in 
certain events, 



In force 2 hi 
Feb. 1837 



Constituteil a 
body politic. 



Wlien canal 
shali be com- 
menced Si Cm- 
iihed. 



Amount of 



x\.N ACT to incornorate the Mississijipi and Kock River Canal Company* 

Sec. 1 . Be it enacted by the people of the State of Illi- 
nois, represented in the General Assembly, That all persons 
who shall become stockholders pursuant to this act, shall 
be, and they are hereby constituted and appointed a body 
politic and corj)orate, for the term of fifty years, by the 
name of the "Mississipj)! and Rock liiver Canal Compa- 
ny," for the purpo.-e of constructing and maintaining a 
canal, commencing at the most eligible point at or near 
the town of Milan, in Pvock Island county, on said Mis- 
sissippi River, and running thence to Rock River, on such 
route as a majority oi the directors of said company shali 
determine to be best adapted to the public accommoda- 
tion, and take, transport, carry and convey, property and 
persons, upon the same, by the power and force of steam, 
of animals, or any mechanical power, or any combination 
of them. 

Sec 2. If the said corporation hereby created, shall 
not within two years from the passage of this act, com- 
mence the construction of said canal, and expend at least 
the sum of three thousand dollars thereon, and shall not 
within four years from the passage of this act, finish said 
canal, and put the same in operation, then the said corpor- 
ation shall thenceforth forever cease, and this act shall be 
null and void. 

Sec. 3. The capital stock of said corporation shall be 



iNCORPORAt IOi>I LAWS. 73 

one hundred and fifty thousand dollars; which shall be ^^P''*' «»ock, 

divided into shares of one hundred dollars each, which j. 

shall be deemed personal property, and be transferrablCgontJ'propSJ'^y 

in such manner as the said corporation shall by its by-laws 

direct. 

Sec. 4. Charles Oakly, Charles S. Hempstead, Henry Who are com- 
Ogden, John Whipple and Charles C. Wilcox, shall be ^[,''.'^'1 
commissiorieis, whose duty it shall be, within one year '" "*"' 
from the passage of this act, at the said town of Milan, and 
in the cities of Providence, New York, and at such 
other places as the commissioners may deem expedient, to 
open books to receive subscriptions to the capital stock t)f 
said corporation; and thirty days public notice shall be 
given by the said commissioners of the time and place of 
opening such books, in the newspaper printed in Galena, 
Providence and New York; and the said commissioners 
shall, at the time of any subscription by any person or per- 
sons, for the capital stock of said corporation, require the 
payment to them by the person or persons subscribing,of ten 
dollars on every one hundred dollars so subscribed, and un- 
less the same shall be paid, the subscription shall be invalid 
and void; and in case a greater amount of capital stock 
shall be subscribed for than the sum of one hundred thousand 
dollars, the said commissioners shall distribute the stock in 
such manner as a majority of them shall deem most advan- 
tageous to the interest of the corporation; and whenever the 
said capital stock shall have been subscribed, and distribu- 
tion made as aforesaid, or as soon thereafter as practica- 
ble* it shall be the duty of said commissioners to give thir- 
ty days notice in a public newspaper printed in Galena, 
Providence and New York, for a meeting of the stock- 
holders of the corporation, to meet at said town of Milan, 
to choose seven directors, and such election shall then and 
there be made by such stockholders as shall attend for that 
purpose, either in person or by lawful proxy; each share 
of the capital stock owned thirty days previous to the day 
on which any election for directors shall take place, shall 
entitle the owner to one vote, either personally or by law- 
ful proxy; and the said commissioners or a majority of 
them, shall beinspectors of the first election of directors 
of said corporation, and shall certifiy under their hands the 
names of those duly elected, and deliver over the subscrip- 
tion money and books to said directors; and the time of 
holding the first meeting of the directors shall be appoint- 
ed by the commissioners; and the said directors shall cause 
such examinations and surveys for the said canal to be 
miule, as may be necessary to the selection by thCm of the 
most advantageous line, course or way for said canal, on 
the route set forth in the first section of this act; and thq 

10 



74 



IK CORPORATION LAWS. 



for directois 
•hall be held 



said directors shall, after such examinations and sui vej?» 
shall bo made, select, and by certificates under their hands 
and seals, designate the line, course or way, which they, 
or a majority of them, shall deem most advantageous for 
the said canal; one report, survey, courses and distances, 
with the certilicatc annexed thereto, shall be filed in the 
oflicc of the Secretary of State, and one to be presented to 
the recorder of Rock Island county to be recorded, filed 
and preserved; which line, course or way, so selected, cer- 
tified and recorded, shiill be deemed the line, course or 
way, on which said corporation shall construct said ca- 
nal. 

First directors' Sec. 5. The tlrst diicciors to be chosen shall hold 

term of office, their ofiice till the first Monday in June, in the year next 
succeeding their election, and until others shall be chosen; 

Wheneiectioiis and every election of directors tiicreafter shall beannually, 
at Milan, on the first Monday of June, in each and every 
year, giving thirty days previous notice of the same in some 
public newspaper published in Galena, Providence and 
New York. All elections shall be by ballot, and a major- 
ity of the votes given shall conslitute a choice; nor shall 
any stockholder be eligible to the ofiice of director unless 
he shall o^ n stock to the amount of three hundred dol- 
lars. 

Sec C. In case it sliould at any time happen that an 

Corporation election of directors shall not be made on any day, when 

-fo".'-'f°'rf'\-'* pursuant to this act it ought to have been made, the said 
electiou lor fii- a . /■ , i i t i 

rectors is neg- Corporation shall not lor tliat cause bedcemcd tobedissolv- 

lected. cd,but such election may be held at any other time directed 

by the by-laws of said corporation, wiiiin sixty days after 
the day on which it should have been held. 

Sec. 7. The corporation is hereby empowered to pur- 
Ciiase, receive and hold, such real estate as may be neces- 
sary and convenient in accomplishing the objects for which 
this corporation is granted; and may, by their agents, sur- 
veyors and engineers, enter upon and take possession of 
and use, all such lands and real estate as may be indispen- 
sable for theconstruction and maintenance of their canal, 
and the accommodations required and appertaining there- 
to; and may also receive, hold and take all such voluntary 
grants and donatons of land and real estate, for the pur- 
pose of said canal, as shall be made to said corporation, 
by the General Government, or any individuals; to aid in 
the construction, maintenance and accommodation of said 
canal, comph^tely vo.-ting in said corporation the fee simple 
of the same. But all lands or real estate thus entered upon 
for materials or otherwise, which are not donationsor own- 
ed by the company, shall be purchased by the said corpor- 
ation of the ownororowners of the same, at a prireto be 



Corporation's 
powers. 



II^CORPURATIO!^ LAWS. 7*} 

tigTeed upon mutually between the parties; and in case a 
disagreement as to price, and before taking any ma- 
terials or making any portion of said canal on said land, it 
shall be lawful for the commissioners, superintendent, or 
other authorized person, to apply to some justice of the 
peace of the county where the same may occur,'who shall 
cause three freeholders to be summoned, and after being 
«worn faithfully and impartially to examine the mate- 
rials or ground, to be pointed out to them by the com- 
missioners, superintendent, or other authorized person or 
persons, and notice having been given to the owner of the 
property, said freeholders shall assess the damages which 
they shall believe such owner or owners will sustain, over 
and above the additional value which such lands will 
derive from the construction of said canal, and make two 
written reports, signed by at least a majority of them, one 
of which they shall deliver to the commissioner or other 
person requesting the review, and the other to the justice 
of the peace; and the amount of damages and cost being 
paid to the owner, or deposited with the justice of the 
peace, the road may be located, constructed, and mate- 
rials taken. But if either party shall be dissatisfied, an 
appeal may be taken to the circuit court of the county by 
petition, stating all the facts of tlie case, and the circuit 
court to whom such appeal shall be prosecuted, shall direct 
such notice to the owner and parties as may be deemed 
fair and reasonable, of the time and place of hearing the 
parties, and upon proof of due service of such notice, and 
upon hearing the parties, said court shall appoint three 
competent and disinterested freeholders of the county in 
which the land is situated, to be commissioners to appraise 
said lands, and the damages the owner or owners thereof 
shall sustain by reason of their appropriation, to the uses 
of said company; the said commissioners shall cause due 
notice in writing to be served on said owner or owners, or 
in case of absence to be left at his or their usual place of resi- 
dence, of the time when they will act in the premises; 
they shall examine the lands, may administer oaths and 
hear testimony, and shall make their appraisement in wri- 
ting, without delay, under their hands, with an accurate 
description of the land appraised, with a map thereof, a- 
warding to the owner or owners thereof, what they shall 
deem to be due, and the full value thereof, as also the 
damages, if any, they otherwise may sustain from the mak- 
ing and maintaining of said canal, and report the same 
with the testimony taken to the court; the court shall ex- 
amine said report, and if required by either, hear the par- 
ties in relation thereto, and increase or diminish the dama* 



76 INCOllPOKAilO.N LAWii, 

ges and valuation, if the court shall be satisfied that injus- 
tice has been done; and the commissioners shall be allow- 
ed such sum for their services, and such costs shall be al- 
lowed to the parties, as the court may deem right and just; 
and said court shall make a decree for the payment of dam- 
ages and conveyance, describing the land, and reciting the 
appraisement of damages and the mode of making it, and 
all other facts necessary for a compliance with this act; 
and when the order or decree shall be fully complied with 
on the part or behalf of the company, the company shall 
be possessed of all such lands or real estate, and may enter 
upon and take possession of and use the same for the pur- 
poses of said canal. 

Sec. 8. In case any married woman, infant, idiot, or in- 
sane person, or non-resident of the state, who shall not ap- 
pear aftersuch notice, shall be interested in any such lands 
or real estate, the circuit court shall appoint some compe- 
tent and disinterested person to appear before the suid 
commissioners, and act for and in their behalf. 

Sec. 9. The said corporation is hereby authorised and 
May regulate empowered to regulate the time and manner in which 
u-ansportation . g^^^g^ passengers and property, shall be transported, taken 
Eject toU-hou-and carried on the same, and shall have power to erect 
**'' and maintain toll-houses and other buildings necessary for 

the accommodation of their concerns, and from time to 
Fix tolls, time, to fix, regulate, demand and receive the tolls and 
charges by them to be received, for transportation of per- 
sons and property on said canal. 
Depredations, Sec. lO. If any persons shall wilfully do, or cause to 
howpuniihedi |jg done, any act or acts whatsoever, whereby any 
buildings, construction or work of the said corporation, 
or any matter or thing appertaining to the same, shall be 
stopped, obstructed, injured or destroyed, the person or 
persons so offending shall be deemed guilty of a misde- 
meanor, and shall forfeit and pay to said corporation dou- 
ble the amount of damages sustained by means of such 
offence or injury, to be recovered in the name of said cor- 
poration, with costs of suit, by action of debt, and stall 
be subject to indictment and punishment for the crime 
and offence as in other cases. 
Officers' term Sec. 11. All the officers and agents necessary to carry 
of office. on and supeiintend the interest of the corporation shall be 

appointed or elected, and continue in office as the direct- 
ors shall determine and point out in the by-laws and gen- 
eral regulations of the company; and it shall be lawful for 
How payments tjjg directors to require payment of the sums to bcsubscrib- 
«e require . ^^jq jj^g capital stock at such times and in such proportions, 
and on such conditions, as they shall deem fit and right, 
undet the penalty of the forfeiture of all previous payments 



I.\COiU^>K\'rioN LAWS. 77 

thereon, and shall give notice of the payments thus requi- 
red, and of the place and time when and where the same 
arc to be paid, at least thirty days previous to the payment 
of the same, in a public newspaper printed in Galena, 
Providence and New York. 

Sec. 12. The said corporation may make out and es- May make bj- 
tablish such by-laws, rules and regulations, as shall from *^'' 
time to time appear necessary for the good government of 
the same, and the preservation and due management of 
their property, interests and affairs. 

Sec. 13. The said corporation shall have the right to 
bring suit in any court in the state having jurisdiction of the May bring suJt 
case, and prosecute to judgment and recovery, and defend,'*"'^ l""^""" 
when sued, both in law and equity; and shall be entitled to all 
the rights and privileges which such corporation, by the 
common and statute laws, governing the case, ought and 
should of right have; and in like manner the company may 
be sued in any court in the state, which, according to the 
rules of law and equity, can take cognizance of the case. 
The whole of the slock of the company and corporation 
shall be deemed personal property, and together with all 
the tools, implements, machinery and apparatus, of every 
description used and employed, or on hand belonging to 
the company, shall be liable to be seized, executed, and 
sold, after judgment, to make good any contract, agree- 
ment or stipulation, made by any a^enf, superintendent or 
authorized person, and it shall Le a suiHcient service of 
process to serve the same, either on the president of the 
board of directors, or the secretary ot the company, and 
in case of absence, to leave a copy at the office thereof. 

Sec. 14. It shall be the duty of the president and secre- President and 
tary to make out a just and true statement in relation to""""^'* **"' 
the condition and acts of this corporation, and shall make 
return thereof to the Legislature at each regular session 
thereof, to the truth of which statement the president and 
secretary shall make oath and ccrtily the same under their 
hands. 

Sec. 15. The state reserves to itself the power to repeal, Re»eivation. 
alter or amend this act, if the public good shall so require; 
Provided, however, that if the said corporation shall com- P'^^'s^- 
meilce or complete the said canal according to the provi- 
sions of this act, and shall not infringe or violate their 
charter, then, if this act be repealed, the faith of the state 
shall be, and hereby is pledged, to pay to the said 
corporation, the cost of said canal, locks, toll-houses and 
surveys, with interest from the time the same were sever* 
ally finished, and no more; and the same shall forever there- 
after vest in and be the property of the state to all intents 
and purposes whatsoever. 

Approved 2Ut February, 1837. 



78 li^COKPOKATlUN LAWS. 

Ill fore* 21 9t AN ACT to incorpoiata the Rockpoit and Mississippi Canal Company. 

F«b., 1837. 

Sec. 1. Be it enacted by the people of the State of Illinois^ 
represented in the General Assembly^ That Lyman Scott, 
Orlando W. Ross, Thomas Odian, William A. Whiting, 
Richard Kerr, Ehsha Petty, all of Pike county, Illinois, and 
their associates, successors and assigns are hereby consti- 
Company con- tuted a body politic and corporate, by the name and style 
.tstuted a boHy of u the Rock Port Canal Company," and by that name 

poliuc and coi- ■ , , l , i • *^ • , i i • / i 

por^fe Shall have perpetual succession, with the right to sue and 

be sued, plead and be impleaded, to make and use a com- 
. mon seal, and the same to alter, break or change at plea- 

^' sui'e, to contract and be contracted with, in all matters 
and things relating to their corporate powers or duties, as 
fullj' and efTectually as a natural person, to purchase, hold 
and convey real and personal estate. 
Capital stock ^^c. 2. The capital stock of said company shall be fifty 
thousand dollars, and divided into shares of fifty dollars 
each, to be subscribed for and owned as hereinafter di- 
rected. 
To construct a ^EC. 3. The Said corporation shall have power to con- 
canal struct, and during its existence, to maintain, continue, and 
keep a canal from a point on the Mississippi river, above 
Louisiana, in Missouri, to the Snicarty above the Atlas 
Mills, in Pike county, Illinois; and to transport, take and 
carry upon the said canal, persons and property, to have, 
hold, use and enjoy the same, and the tolls and profits 
thereof during the existence of the corporation. 

Sec. 4,. The aforesaid persons are hereby appointed 
commissioners to receive subscriptions to the capital stock 
. . of said company, and they are authorised and required to 
to open books open books at such time and place as they may think pro- 
6lz. per, and receive subscriptions to the said stock from all 

persons and bodies politic vho may desire to subscribe for 
Ton\re notice ^'^^ same. They shall give notice of the time and place 
of opening said books and of the terms of subscribing, by 
publication in one 5;' more newspapers printed in ihe 
state, at least twenty days before opening the same; 
and the books shall be kept open at each place of opening 
at least three days. 
SubKribeii to Sec. 5. Each person subscribing stock to the said cona- 
pay pany, shall be required to pay live dollars on each share 

of stock subscribed, or the subscription shall be invalid; 
Proviso Pravided, that the commissioners may take notes from the 

subscribers for the amount required to be paid as afore- 
said, payable to said company at such time, and with such 
conditions as may be agreed on, and such notes shall be 
good and valid in law, and may be collected by the com- 
pany according to the condition thereofc 



LNCOilPORATlO.N LAWtS. Tfl 

Sec. n. The immediate government and direction of Directorsto 
said company and the management of its affairs shall be manage and 
under the control and superintendence of five directors, """"°'*^"'" 

1 1 1 1 . *^ ■ 1111 1 . c °' coinpany 

to be chosen annually by the stockholders as hereinaiter 
provided, and each and every successive body of directors 
shall continue in oiFicc until their successors arc elected. 

Sec. 7. If the whole of the caj)ital stock of said com- 
pany shall be subscribed during the time the books are re- 
quired to be kept open, or if ten tliousand dollars of said 
stock shall be subscribed, the said commissioners shall 
cause an election to be holdcn fur the five dlrectorsofsaid Commissiontr« 
company by thcstockholdcis thereof; and the said com-iection 
missioncrs shall act as judges and inspectors of said elec- 
tion. The election shall beholden at Atlas, in Pikecoun- 
tVj and notice of the time and place of holding said elec- ^.5,^^" election 
tion shall be given by a publication in some newspaper 10 be held 
printed in the state, ten days previous to the day appoint- 
ed for the same. If ten thousand dollars shall not be sub- 
scribed during the time the books ai-c ke[)topen as afore- 
said, the commissioners are authorised to re-open the books 
at such time and place as they may think proper, and 
whenever ten thousand dollars shall be subscribed, the 
election for directors sh;;!! be held as herein required. 

Sec 8. StocklioMcrs shall be entitled to one vote for 
every share of stock subscribed and owned at the time Stockholder* 

of voting. entitled to vote 

Sec. 9. Whenever an election for directors shall take 
place, they shall assemble at some convenient place, and 
elect one of tlieir body as president; they shall also ap- 
point a treasurer and secretary; and it shall be the duty of ,p^j*^^°"y*° '* 
the commissioners appointed to receive the subscriptions 
of stock, to deliver over to the directors the subscription 
books and all money and notes received by them for the 
use of the company. The directors first elected shall hold 
their offices for one year, and until their successors are 

elected. Term ofoffic* 

Sec 10. The directors of the company shall have and 
exercise all the powers conferred upon the corporation, ^"^'^"'"i?. 

J ii'ji I II- ^ 'manage affairr 

and are authorised to employ all engineers, agents, ser- of company 
vants and other persons necessary to carry on the busi- 
ness of the company; they are also authorised to cause the 
necessary surveys to be made of the route of the canal, 
and to construct said canal in such manner and form, and 
with such dimensions as to secure steamboat navigation 
from the Mississippi river to the Snicarty aforesaid, and 
louse the water of either or both of said streams for that 
purpose. They are alsoautlioriscd to regulate the rate of 
tolls upon the said canal, to adopt by-laws for the regula- 
tion of the concerns of the company, to regulate the sala- 



80 INCORPORATION LAWS. 

Compensation ries aud compensation of all officers and agents of the com- 
Dfofficeii pany, to require payment of stock subscribed by the Sub- 
scribers in equal proportions, at such times and in such 
sums as may be required in tiie progress of the work, or 
for the use of the company. They shall also have power 
in case of default on the part of any of the stockholders in 
making payments upon their subscriptions, to declare 
May declare thestock forfeited and all previous payments made there- 
•tock forfsiied ^j^. ^^ provide for disposing of all Stock not subscribed for 
previous to their election, to regulate the time and tnan- 
ner of holding elections, the time and place of meeting for 
the transaction of busmcss, to provide that stockholders in 
default to the company shall not be allowed to vote for 
directors, and to do all other acts and things necessary to 
carry into elTect the object of this act, and the powers 
conferred and duties imposed upon the corporation. 
Who may not Sec. 1 1. No person shall be a director who shall not, at 
be directors the time of his election, own ten shares of the capital stock 
of said company. 

„ Sec. 12. The said company may enter upon and use so 

Company may iij ■ "^ ■ •' ^ ^. ,. i 

•nter on land much land as may be necessary in the construction and 

use of the canal; and if they shall be unable to agree with 
the ownerof any land through which the canal may pass, 
upon the price thereof, or upon the amount of damages 
which such owner will or may sustain by reason ofthema- 
kingof the canal, it shall be lawful for said company to pre« 
sent a petition to the circuit court of Pikecounty, setting 
forth the fact that the line of the canal has been located 
upon and across the lands of the persons with whom the disa 
greement may exist, and asking the court to appoint three 
Commissioners or more commissioners to examine the premises, and fix 
*" ""'' ""' the price to be paid for the land, or the amount of dama- 
ges which such owner will sustain by reason of the con- 
struction of the canal, which petition shall be filed in the 
clerk's office of said court, and a summons issued thereon 
against all persons who are made parties to the same, as in 
cases of suits in chancery; and if the summons shall be 
served upon the defendants five days previous to the sitting 
of the court, the court shall appoint the commissioners ac- 
cording to the prayer of the petition. The commissioners 
shall be sworn before some person authorised to adminis- 
ter oaths, that they will faithfully and impartially execute 
the duties required of them, and shall, without delay, pro- 
ceed to discharge the same. In ascertaining the price of 
land, or assessing damages, the commissioners shall take 
into consideration as well the advantages and benefits, as 
the disadvantages and injury which will or may accrue to 
the parties, and shall ^'nlup|and and assess diimage accord- 
ingly. 



to assess dam- 
ftgei 



To be sworn 



INCORPORATION LAWS 81 

Sec. 13. The commissioners shall make their report to To make a ra- 
the same term of the court ut which ih?y arc appointed ifpoitofprocsed- 
practicjibL", otherwise at the succeeding term; and when'"*' 
the report is made, il" noex' -piion ba taken to the same, 
the court shall make an Oilier approving the same; and 
shall, moreover, make an order requiring the ou iii.rs ol 
land to convey to the company the land required for the 
use of the canal, or to reloase to the company all claim to 
damages by reason of tlie construction thereof, as the case 
may require, whenever the company sh.ill pay the value 
of the land to be conveyed, or the damages, as fixed by Damager 
the commissioners. And the court is hereby vested with 
the power to carry into effect and cause to be complied 
with all orders made in the premises. If exceptioris be 
taken to any report of the commissioners, the court shall 
hear and determine the same in a summary manner, and 
if any report shall be set aside, the couit may order the 
same commissioners to make another report, or may ap- Additional 
point others. The court shall allow any addition or a- cominissioneri 
mendment to be made to any report which may be neces- ™*y *** "PP"'"* 
sary to a fair and final decision upon ilie same, or upon the 
rights of the parti- s in to re.- tod. 

Sec 14. Guardians oi inlanrs, husbands of femes cov- ^*'"" covert, 
ert, or conservators ot i.lioi? oi iunaiics, arc aninorisea to ' 
execute conveyances for l.iinls ani roieases for damages 
and such conveyances and releases shall operate as though 
executed by persons able and capable in law to execute 
the same. 

Sec. 15. The president and directors shall div -P'o'^' 'I'"*''* 

the stockholders in proportion to iheamount of 
yearly or half yearly all profits arising or accriiing to the 
company from the use of the canal. They shall also be 
bound to submit to the stockholders an annual report of 
the condition of the company and of the management of 
the business and affairs of the same. 

Sec. 16. A majority of the commissioners appointed by 
this act, shall have authority to act and exercise all the 
powers and perform all the duties required of said con> 
missioners. 

Sec. 17. A majority of the directors shall constitute a 

3uonim for the transaction of business ; Provided ^ that the Proviw 
irectors may prescribe by their by-laws limits to the 
powers of a quorum. 

Sbg. 18. The corporation shall be bound for all dama-corporation to 
ges sustained by rccisonof the negligence or improper con- P*y damagai 
duct of its agents. 

Sec. 19. If any person shall, intentionally or negligent- Persons injur- 
ly do any act whereby any lock, embankment or con- JJJ'p PJ,'jJ^^ 
structionof any kind wbat?oever,appertaining tosaid canal acaimt 



83 INCORPORATION LAWS. 

■hall be in any wise injured, such person shall be liable to 
an action of debt for tlid same, and three times iho amoun 
of damages shall be recovered, and &uch person shall alsc 
be liable to an indictment, and upon conviction 'o be fined 
or imprisoned at the discretion of the court. 

Sec. 20. The said corporation shall commence the con- 
^ !2!'*.H^°""'struction of the canal within two vears from the passaj'e 
eompieu canal of tlus act, and complete the same withm ten years, oth- 
erwise the corporate powers hereby conferred shall cease 
to exist. 
Capital stock Sec. 21. The Capital stock shall be assignable and may 
auignabie be transferred in such manner and form as the directors 
may, in their by-laws direct, and the same shall be regar(^ 
cd as personal property, and shall be liable to be sold oi 
execution, 
kfodeortqm- ^^^' ^** '^^^ modc of Commencing snits against the 
•rtTencirtg^ji^ Corporation shall be by summons, and service thereof 
shall be by delivering a copy to the president or treasurer; 
Proviw Provided, that this act shall not be so construed as to au- 

thorise said company to hold any quantity of land, at any 
one time to exceed six hundred and forty acres, and that 
said corporation shall continue in force for fifty years, 
and no longer. 

Approved 21st February, 1837- 



In fore*, 2lth. ACT to incorporate the Pif.sfieKi Academy. 

Feb. 1837 

Sec. 1. Bt it enacted by the propU of the State of Fllinois^ 

represe.ntid in thq Gcnernl Assanblij.^ That W. Iloss, Wil- 

Cr«ated a bouy ]iam Watson, Uobert R. Green. Archibald 11. Argyle, Rob- 

rai«" '^"'^*'" e>'t VVilb. an<T Ei)ene7,er Abbolt, and th<;ir successors, 

be and they arc h'vreb}crt.'utcd a body polilicand corporate 

to be styled and knonn by the nimic of thi- Trustees of 

th(j rittisfield Academy, and b}- tisjit s(\ le and nr^mc to re- 

Tohaveper- „-|aifj and havc perpctual succc-sion. The iraid Academy 

petual succes- , ,, , , ' .' , • -%-^- r ^ , ■ t»i 

,ion shall be and remain near the town ot rittsheid, in I'lke 

Location county, and State of Illinois. The number of trustees 

Number o ghall not excced seven, one of whom shall be president 

of the board, to be chosen by the trustees. 

Objects of the Sec. '2. The objcct of said coiporation shall be the 

corporation promotion of the general interests td education. The 

corporate powers hereby bestowed shall be such only as 

are essential or useful in the attainment of said object, 

and such as are usually conferred upon similar bodies 

Tvntn corporate, to wit: To have perpetual succession; to- 



INCORPORATION LAWS. 83 

make contracts; to sue and be sued, plead and be im- 
pleaded; to grant and receive by its corporate name, 
and to do all other acts as natural persons may; to ac- 
cept, acquire, purchase, or sell property, real, personal, 
or mixed, in all lawful ways; to use, employ, manage, 
and dispose of all such property and all money belong- 
ing to said corporation, in such manner as shall seem 
to the trustees best adapted to promote the objects 
before mentioned; to have a common seal, and to alter 
or change the same; to make such by-laws for its regu- ^"^ ''*^" » 
lations as arc not inconsistent with the constitution and laws *^°™""°" ***^ 
of the United States, or of this State; and to confer on 
such persons as may be considered worthy, such aca- 
demical or honorary degrees as arc usually conferred by 
similar institutions. 

Sec 3. The trustees of said corporation shall have Trustees may 
authority, from time to time, to prescribe and regulate i^^s^'ate cours* 
the courses of studies to be pursued in said academy; to "^^ "tu^iies 
fix the rates of tuition and other academical expenses; to 
appoint instructors, and such other officers and agents as Fix rates of tu- 
may be necessary in managing the concerns of the insti-'"°" 
tution; to define their duties, to fix their compensation, Con,g„5^jj„^ 
anJ displace or remove them; to erect necessary build- to officers, &c. 
ings; to purchase books, chemical and philosophical ap- 
paratus, and other suitable means of instruction; to make 
rales for the general management of the alTairs of the 
institution, and for the regulation of the conduct of the 
students. 

Sec. 4. The trustees for the time being, in order to Vacahcici how 
have perpetual succession, shall have power to fill vacan- filled 
cies which may occur in the board from death, removal, 
resignation, or any other cause; a majority of the trustees 
for the time being shall be a quorum to do business. 

Sec. 5. It shall be the duty of said trustees to appoint Treasurer to b# 
one of their number treasurer of the board, who shall be appointed 
required to give bond with sufficient security in such pe- 
nal sum as the board may prescribe, conditioned for the 
performance of such duties as the by-laws may require 
of him. 

Sec. 6. The said institution shall be open to all de- Nottobciecta- 
nominations of christians, and the profession of any reli-rian 
gious faith shall not be required of those who become 
students. All persons, however, may be suspended or ex-^^][ suspend 
pelled from said intitution by the trustees thereof, whose 
habits are vicious, or whose moral character is bad. 

Sec. 7, The lands, tenements, and hereditaments, to „.. 
1 1 I 1 • I • i r iU- i I -J What amount 

be held m perpetuity, by virtue ot trns act, by said cor- of laiuis ma/ 

poration, shall not exceed one hundred and sixty acres: be held 

Provided^ harvcvcr^ If any donations, grants, or devises ia ?sm\m 



84 INCORPORATION LAWrf. 

land shall from time to time be made to said corporation 
over and above one hundred and sixty acres, which may 
be held in perpetuity as aforesaid, the same may be re- 
ceived and held by said corporation for the period of five 
years from the date of any such donation, grant, or de- 
vise, at the end of which time, if the said land shall not 
have been sold by said corporation, then and in" that case 
the said land, so donated, granted, or devised, shall revert 
to the donors, grantors, or the heirs of the devisors of the 
same. 

Approved 24th February, 1837. 



In force 34th AN ACT to incorporate the MiMieBippi and Illinois RaiI*road Company. 
Feb. 1837 

Sec. 1. Be it enacted by the people of the State of Ulinoh^ 
represented in the General Assembly^ That Alexis Phelps, 
John Humphrey, Jolin Miles, John G. Sanburn, Matthew 
Body politic &. Cham be is, Joseph Durjcan, Parnuch Owen, Charles 
corporate ere- Hausloid, Eli Wilson, George B. Parker, Joshua Aiken, 
*"'* Andrew M. Hunt, and Peter Menard, jun., their asso- 

ciates, successors, and assij^ns are hereby created a body 
politic and corporate, under the nanje and style of the 
Mi?sissij)piancl llliuois Rail-road Company, and by thatname 
Capable inlaw .^^^ [st^ j, ] hereby, arc made capable in law and equity to 
sue and Le sued to final judgment and execution, to plead 
In any court and be imp! aded, defend and bo deionded in any court 
or courts ot record, or in any other place whatevei"; to 
May have a make, have, nnd use a common seal, and the same to break, 
common sea^ rcncw and alter at pleasure; to contract and be contract- 
^ay contiat ^^ with; and shall be and hereby are vested with all the 
powers, privileges, and immunities wliieh are or may be 
necessaiy to carry into effect the purposes and objects 
of this act as hertinaftcr set forth: and the said com- 
•truc"a rail- " P^"y ^^^ hereby authorized and empowered to locate, 
road construct, and finally complete a rail-joad, commencing 

at Oquawka on the INJississippi river, and extending 
through Monmouth in Warren county, and Knoxville 
in Knox county, to Peoria on the Illinois river, in such 
manner and form as the said company shall deem mosf 
B J . V . evnndient. And for this purpose said company are author* 
rods wide ized to ijiy out their said Kail-road at least six rods wide 
tiifuugh the whole length; and for the purpose of cutting 
Stone &. gravel embankments, stone; and gravel may take as much more 
land as may be necessary for the proper construction and 
fttn'uo. security of said Kail-road: ProviHtd^ That all damage? 



INCORPORATION LAWS. 05 

that may be occasioned to any person or corporation by 
the taking of such land or materials for the purposes 
aforesaid, shall be paid for by said company in the man- 
ner hereinafter provnled. 

Sec. 2. The capital stock of said company shall con- Capital wock 
sist of seven thousand shares of one hundred dollars each. $700,000 
The immediate government and direction of the affairs of Go^j^gj b_ 
said company shall be vested in not less than five dircc- gve directors 
tors, who shall be chosen by the members of the company 
in the manner hereinafter provided, who shall hold their Term of office 
offices for one year, and until others shall be duly elected 
and qualified to take their places as directors; and the 
said directors, or a majority of them, shall form a quorum 
for the transaction of business, shall elect one of their num |^rra°a 'quowm 
bcr to be president of the company, and shall have au- j^^^ j^^^ ^^ 
thority to choose a clerk, who shall be sworn to the faith- cierk aiui tre^s 
ful discharge of his duty, and a treasurer, who shall give surer 
bond to the company with sureties to the satisfaction of 
the directors. 

Sec. 3. The president and directors, for the time bet- 
ing, are hereby authorized and empowered by themselves 
or their agents to exQ^rcise all the powers and authority 
herein granted for the purpose of locating, constructing, 
and completing said rail-road, and all such other powers 
and authority for the management of the affairs of said 
company, not heretofore ^^rnnted, as m;iy bo necessary to 
carry into effect the objects of this grant onl} ; to pur-., . 

chase and hold lan<Js, materials, and other necessary 4, hold landg 
things in the name of the company for the use of the 
road; to make such equal assessments, from time to time, 
on all the shares in said company as they may deem ne- 
cessary and expedient in the progress and execution of 
the work, and direct the same to be paid to the treasurer 
of the company, and the treasurer shall give notice of 
all such assessments. The board of directors shall have „ 
power to call special meetings of the stockholders of the c,anne«ingr 
company, and to adopt rules and by-laws regulating the Adopt rules &. 
manner and time of payment of. all assessments they ''Ha*' 
may order as they miy deem expedient. 

Sec. 4. Said company shall be hoiden to pay all dam- Shall pajr dam- 
ages that may arise to any person or persons, corporation "S" 
or corporations, by taking their land, stone, or gravel for 
the use of said railroad, when the same cannot be ob- 
tained by voluntary agreement, to be estimated and re- 
covered in the manner provided by law for the recovery 
of damages happening by the laying ont of highways. 

Sec. 5. When the lauds, or other properly, or estate Landa of indi- 
of any married woman, infant, or person non compos viduals 
mentis, shall be necessary for the construction of said rail- 
fpad, the husband of such married woman, and the guar*. 



66 INCOKPORATION LAWS. 

Guardian may dianof such infant Of person non compos mentis may release 
Miease all damages in relation to the land or estate to be taken 

and appropriated as aforesaid, as fully as they might do 
if the same were holden in their right rei^pectivcly. 
Sec. 6. If any person shall wilfully, maliciously, or 
Person! ob- Wantonly, and contrary to law, obstruct the passage of 
S'SeU*"^ ^^y ^^r °° ^^'^ rail-road or any part thereof, or any thing 
belonging thereto, he, she, or they, or any person assisting, 
shall forfeit and pay to said company for every such otience 
treble such damages as shall be proven before any court 
competent to try the same, to be sued for in the name and 
behalf of said company ; and such offender or offenders shall 
Mudemeanor ^^ deemed guilty of a misdemeanor and liable to indictment 
in the same manner as other indictments are found in any 
county or counties where such otience shall have been com- 
mitted, and upon conviction of such offence shall be liable 
j<,„„ to a fine not exceeding five thousand dollars for the use of 

May be impris- the county where the indictment mny be found, or may be 
^^^ imprisoned not exceeding one } eai' at the discretion of the 

court before whom the conviction may be had. 

BhaJl not ob- Sec. 7. Said company shall so construct their said 

ftruct other rail-road across rivers, canals, turnpikes, or other public 

'**•*■ ways, as not to obstruct, hinder, or interfere with the 

passage, navigation, and free use of such public w'ays: 

and if said road shall not be so constructed, it shall be 

lawful for the persons aggrieved to iibute the same in the 

Obstruction, game manner as is now provided b\' law for the removal 
hew abated r > . .■ . i i 

of obstructions to pubhc ways. 

Sec. 8. The time and place of holding the annual 
Time of annu- jyjgQ^ifigg of Said Company for the electiot of directors and 
ed by*by"faws*<^*'h^'' purposcs, shall be fixed and determined by the by- 
laws of said comp.my, and at such meetings each propri- 
Mayvote in etor shall be entitled to vote in person or by proxy as 
person or by m^ny votcs as he holds shares. 

Skc. 9. The persons hereinbefore mentioned are 
Books to be hereby appointed commissioners to open subscription 
opened books for the stock of said company; and they, or a ma- 

jority of them, are hereby authorized to open subscrip- 
tion books for said stock at such places as they may deem 
proper, and shall give at least thirty days notice of the 
Notice of time and places where such books shall be opened; and 
shall keep the same open for five days, unless the whole 
""* ° number of shares of said company sliall be sooner sub- 

scribed, and they shall require each subscriber to pay one 
$1 shall be dollar on each share subscribed at the time of subscribing, 
paid on sub- And at the termination of said five days, or sooner if the 
•cnpuon wholeamountof said shares shall be taken, said commission- 

■tockholderl ^^^ ^^^'' ^^^' ^ meeting of the stockholders by giving thirty 
Itowc^led days notice, in some public newspaper printed in this 



INCORPORATION LAWS. » 

State, of the time and place of such meeting. At such mect- 
ihg it shall be lawful to elect the directors of said com- Election lawful 
pany; and when the directors of said company shall have 
been chosen, the said commissioners shall deliver said 
eubscription books, together with all sums of money re- 
ceived by them, to said directors: Provided, That no elec- pjovi» 
tion shall be held until the whole number of shares of 
said company shall have been subscribed; and Provided, ?io\Uo 
also, That each director shall at the time of his election 
hold at least ten shares of the capital stock of said company. 
Sec. 10. The president and oirectors shall have ^ow- 
er to make, ordain, and establish such by-laws, rules and pY**^ " ""*'" 

!• 11' I 1 !• by-laws 

regulations, and ordmances as they may deem expedient 
and necessary to accomplish the purposes, and to carry 
into effect the provisions of this act; and for the well 
orderine:, rcgulatiner, and securin"f the interest and affairs „ . 
of said company: Provided, The same are not repugnant 
to the constitution and laws of this State, and of the Uni- 
ted States. 

Sec. 11. A toll shall be and is hereby granted and ^ . 
established for the sole benefit of said company upon all 
passengers and property of all descriptions, which may 
be conveyed or transported upon said road, at such rates 
per mile as may be agreed upon and established from 
time to time by the direction of ?aid corporation. The 
transportation of persons and property, the construe- (-^,.j ^ ^^^^ 
tion of wheels, the form of cars and carriages, the weight riage« 
of loads, and all other matters and things in relation to the 
use of said road, shall be in conformity to such rules and 
regulations, and provisions, as the directors shall from 
time to time prescribe and direct: Provided, however. That Proviso 
if the net income and receipts for tolls and other profits 
from and after the compleiioTr of said road shall exceed 
twelve per cent, per annum, the legislature may take 
measures to reduce said rates of tolls and profits so as to 
take off the overplus. The directors of said company for 
the time being are hereby authorized to erect toll houses, Tofi hooMi 
establish gates, appoint toll gxitherers, and demand toll 
upon the road when completed, and so much thereof as 
shall from time to timo be completed. 

Sec. VZ. The said company shall have the route of Ro"" w b« 
the proposed rail-road surveyed within two years from '"■^'^J'*'* 
August next, and the road completed within ten years 
thereafter, otherwise this act is declared null and void. 

Sec. 13. The county commissioners' courts of the^Q^jj^gj 
counties of Warren, Knox, and Peoria may subscribe subscribe foi 
for any number of shares of the capital stock of said com- "o^k. 
pany not exceeding forty shares each, in the same man- 
ner and upon the same terms as individuals may do 



88 INCORPORATION LAWl^. 

under this act, and the State of Illinois may in like man- 
State may sub-ncr subscribe for .my number of shares of said stock not 
exceeding one third part thereof: and the said several 
county courts and tlie said State of Uruudi in ail elec- 
tions to be held in and lor said corporation bhall, by their 
respective agents ti.rreto duly authorized, be enti- 
tled to so many votes as they respectively hold shares of 
the capital stock of said company. 
Duty of com- ^^'^' ^^' It shall be the duty of said company to keep 
pany a full, complele, perfect, and correct account of all cost 

incurred and of all expenditures made by them in the 
construction of said rail-road, which account, so kept, shall 
at any time, when called for, be laid before the General 
Assembly of the State of Illinois for inspection ^and 
examination; and it is expressly provided, that the State pf 

,, Illinois may at any lime purchase from said company the 

atate may pur- 'j -i j t • f • j »■■ . j 

thtatt said rau-road by paymg to said company the cost and ex- 

pense of constructing the same, together with interest 
thereon, at the rate of twelve per cent, per annum. 
In force 40 yrs. Sec. 15. This act shall cxi'^t and be in force for the 
period of forty years from and after the first day of 
March next, unless the said corporation shall be guilty of 
acts contrary to the provisions of its charter and against 
the public good,*or unless it shall in any manner abuse 
or transcend the povi'ers hereby granted; and then and in 
that, or either of the said cases, the Attorney General 
of this State, at the request of fifty citizens of this State, 
specifying clearly in writing the acts and charges upon 
which said request is founded, shall file an information in 
the nature of a quo warranto against said corporation for 
the purpose of vacating and annulling this act: Provided, 
froviio hozoevcr. In case the said charter is annulled, the said com- 

pany shall have power for three years thereafter to dis- 
pose of all its property, and to settle its affairs in its cor- 
porate name. 

Approved 24th February, 1837. 



_ AI^ACT to incorporate the Pike county Mutual Fire Insurance Company. 
InfotfceFib. ' 

* ' Sec 1. Be it enacted by the People of the State of Illinois, 

represented in the General jissembly, That Reuben 

Hatch, Josiah Lombard, George W. Johnson, James A. 

Collins, James Hutchinson, jr., Ozias M. Hatch, Alexan- 

ewSSt'Md der Starne,Chatham French, John McCallister, Theordore 

their powere Dickerson, James Wilson, Marshall Ayres, Dana Ayres, 

and privileges 



I^^COIIPORATION LAWS Sg 

and Uriah Brown, anH al! other persons who may hereaf- 
ter become members of said company in the mannerhere- 
in prescribed, be and they hereby are incorporated and 
made a body politic, by the name of the "Pike county 
Mutual Fire Insurance Company,'' for the purpose of in- 
suring their respective dwelling houses and other build- 
ings, with their contents, against loss or damage by ftrcj 
whether the same shall happen by accident, lightning, or 
by any other means excepting that of design in the insur- 
ed, or by the invasion of an enemy, or insurrection of the 
citizens of this or of any of the United States, and by that 
name may sue and be sued, plead and be impleaded, ap- 
pear, prosecute, and defend in any court of record or oth- 
er place whatever, may have and use a common seal, may 
purchase and hold such real and personal estate as may 
be necessary to etfect the objects of their association; and 
they may sell and convey the same at pleasure; may make 
and establish, and put in execution such by-laws, ordinan- 
ces and resolutions, not being contrary to the laws of the 
State, as may seem necessary or convenient for their re- 
gulation andgovevrinient, and for the management of their 
affairs, and do and execute all such acts and things as may 
be necessary to carry into full effect the purposes intend- 
ed by this grant. 

Sec. 2. All and every person and persons who shall at Membersof 
any time become interested in said com_ any by insuring company, who 
therein, and also their respective heirs, executors, admin-"® 
istrators, and assigns, continuing to be insured therein as 
hereinafter provided, shall be deemed and taken to be 
membersthereof, for and during the times specified in their 
respective policies, and no longer, and shall at all timeS 
be concluded and bound by the provisionsof this act. 

Seo. 3. There shall be a meeting of said company at Time ana 
Griggsville, in the county of Pike, on the first Tuesday pi^e of meet- 
of September, annually, or on such other day as the said'°^°^*^°'"P*"^ 
company may hercalter determine, at which shall be 
chosen by a major vote of the members present, a 
board of directors, consisting of not more than nine, 
nor less than five members, who shall continue in of- 
until others shall have been chosen, and accepted 
the trust in their stead. All vacancies happening to Vacancies in 
6did board may befiUedby the remaining members f^^^^^ ^""^ 
until the next annual meeting, and a majority of the whole 
number shall constitute a quorum for the transaction of 
business. Special meetings of the company may be call- 
ed by order of the directors, or in such ncanneras the by- 
laws thereof may have prescribed. 

Sec. 4. The board of directors shall superintend the Directors to 
concerns of said company, and shall have the arrangement iup«riatca4 

12 



INCORPORATION LAWS^ 



generally the 
concerns of 
company. 



To appoint oHi 
cers of compa- 
ny 



To elect a pre 
■ident, and 
may hold mee 
tings, &.C. 



Members of 
eoilspany to 
pay into trea- 
sury 



Members neg- 
lecting to pay 
maybe proceed- 
•d against by 
■uit 



of the funds and property thereof, and of all naatters and 
things thereunto relating, not otherwise provided for by 
said company. They shall have power from time to time, 
to appoint a sccretaiy, treasurer, and such other officers, 
agents and assistants as to them may seem necessary, and 
to prescribe their duties, fix their compensation, take such 
" security from them as they may deem necessary for the 
faithful performance of their respective duties, and may 
remove them at pleasure. They shall determine the rates 
of insurance, the sum to be insured oa any building, not 
exceeding three-fourths of its value, and the sum to bede- 
posited for their insurance thereof. They shall order 
and direct the making and issuing of all policies of insur- 
ance; the providing of books, stationery, and other things 
needful for the office of said company, and for carrying 
on the affairs thereof; and drav,- upon the treasurer for the 
payment of all losses which may have happened, and for 
the expenses incurred in transacting the concerns of said 
company. They shall elect one of their own number to 
act as president, and may hold their meetings monthly, 
and oftener, if necessary ,for transacting the business of the 
company, and shall keep a record of their proceedings; 
and any director disagreeing with a majority of the board 
at any meeting may enter his dissent with his reason* 
therefor, on record. 

Sec. 5. Every person who shall become a member of 
said company by effecting insurance therein shall, before 
he receive his policy, pay into the treasury such a per 
centum in money on the property insured as the direc- 
tors shall actually require to defray his proportion of the 
necessary expenses of transacting the business of said 
company for one year, and no more. And annually there- 
after, such further sum as may be required during the 
current year for the same purpose; and he shall, also, be- 
fore he be permitted to receive his policy, deposit with 
the treasurer of said company his prommissory note for 
the balance of the premium for the term of years for 
which his property shall have been insured, which 
note, togecher with the amount paid annually in money 
as provided above, shall constitute his proportion of the 
capital stock of said company; and for the payment of 
which should any loss or damage happen by fire to the 
property insured, in and with said company by any mem- 
ber thereof, during the period for which he shall have 
insured, he shall be held liable for his proportion of such 
loss or damage forever ; and any member neglecting 
or refusing to pay his proportion of such loss or damage,, 
and due notice having been given, and assessment made 
upon him for the sam^ by the constituted authority of 
■aid company, may be proceeded against by suit instifu- 



INCORPORATION LAWS. f>I 

ted in the name of said company, in any court of record or 
other place whatever; and any member so neglecting 
or refusing to pay such assessment, or his or her annual 
proportion of the expenses of said company as herein be- 
fore provided, shall cease to have his property insured 
therein, until the day on which he shall make such pay- 
ment, and no allowance or alteration in the time of his „. 
next payment will be made, should any member neglect or capital stock 
refuse to pay such assessment foroncyear after they shall forfeited 
have become due and payable, his right to the bei.efit of Damage hap- 
the capital stock of said company shall be forfeited. penmg by firoi 

Sec. (?. That in case of any loss or damage by tire hap- given within 
pening to any member upon property insured in and with ihlny dayi 
said company, the said member shall give notice thereof 
in writing to the directors, or some one of them, or to the 
secretary of said company^ within thirty days from the 
time sucn loss or damages, may have happened; and the di- 
rectors, upon a view of the same, or in such other way 
as they may deem proper, shall ascertain and deter- 
mine the amount of said loss or damage; and if the party ^n action may 
suffering is not satisfied with the determination of the di- be brought a- 
rectors, the question may be submitted to referees; or the *^'"" '=°"'P*"7 
said party may bring an action against said company for 
loss or damage at any court to be holdcn in and for the 
county of Pike, within one year from the time of such loss 
or damage, and not afterwards. And if, upon the trial of May have 
said action, a greater sum shall be recovered than the a-J"^^'"®"'^'''* 

I ntCr68t 

mount determined upon by the directors, the party suffering 

shall have judgment therefor against said company witU 

interest thereon from the time said loss or damage hap-^ 

pened, and costs of suit. But if no more shall be recover- p. , 

ed than the amount aforesaid, the said party shall become 

non-suit, and the said company shall recover their costs; 

Provided, however, that the judgment last [.mentioned shall 

in no wise affect the claim of said suffering party to the 

amount of loss or damage as determined by the directors 

aforesaid ; And provided, also, that execution shall not issue 

on any judgment against said company until after the ex- j^"™^^"^^^"^ 

piration of three months from the rendition thereof. for 7 years 

Sec. 7. The said company may make insurance for any 
term not exceeding seven years; and anp policy of insur- 
ance issued by said company, signed by the president, and Directors to 
countersigned by the secretary, shall be deemed valid w^fwn*thre« 
and binding on said company in all cases. months, ic. 

Si.c. 8. The directors shall settle and pay all losses 
within three months after they shall have been notified as 
aforesaid, unless they shall judge it proper within that p^yi^ 
time to re-build the house or houses destroyed, or repair 
the damages sustained, which they are hereby empowered 
to do in convenient time J Provided^ they do not lay out 



9^ liNCOttPORATIUxN LAWS. 

and expend in suchbuilding, or repairs, more than the sum 
insured on the premises; but no allowance is to be made 
in estimating damages in any case for gilding, historical, 
or landscape painting, statue or carved work; nor are the 
. . same to be replaced if destroyed by fire, 
property, iusu- Sec. 9. If any alteration should be made in any house 
rancevoiil un- or building by the proprietor thereof, after insurance has 
lesF, &c. been made thereon by said company, whereby it may be 
exposed to greater risk or hazard from fire than it was at 
the time it was insured, then, and in every such case, the 
insurance made upon such house or building shall be void, 
unless an additional premium and payment, after such al- 
teration, be settled with and paid to the directors. But 
no alteration or repairs in buildings not increasing such 
risk or hazard shall in any wise affect the insurance pre- 
viously made thereon. 

Seg. 10. If insurance on any house or building shall 
Insurancs void t»e and Subsist in said company, and in any other office, or 
unless doubla from and by any other person or persons at the same time, 
insurance, &,c. ^^g insurance made in and by said company shall be deem- 
ed and become void, unless such double insurance subsist 
with the consent of the directors, signified by endorsement 
on the back of the policy, signed by the president and 
Company una- secretary. 

losses ;'sufferers i^^c. 11. If it should ever happen that the slock of said 
to receive pro- company shall not be sufficient to pay all the loss occa- 
portioiai divi- g^Qf^g^j ^y j^^y ^^.^^ jj^pj^ g^d in such case the suffisrers in- 
sured by said companyshall receive towards making good 
their respective losses a proportionable dividend of the said 

^. whole stock, according to the sums of them respectively 

Pirectors not • i i • • ° ^ "^ 

toexcced 3 per Insured by saia company. 

cent. in assess- Sec. 12. The directors shall never require assessments 

menti. which shall make the funds of the company exceed three 

per cent, on the amount of property insured. 

Sec. 13. The said Reuben Hatch, Josiah Lombard, 
George W. Johnson, James A. Collins, James Hutchin- 
son, jr., Ozias M. Hatch, Alexander Starne, Chatham 
Who may call prench, John McCallister, Theodore Dickerson, James 
ofmemberfby Wilson, Marshall Ayres, Dana Ayres, and Uriah Brown, 
giving notice or either two of them, may call the first meeting of the 
members of said company, at any suitable time and place 
in Griggsville aforesaid, by advertisement in either of the 
newspapers printed in the county of Pike, or the adjoin- 
ing counties, giving at least twenty days notice of the 
tinT^, place, and design of said meeting, for the purpese 
of choosins: the first board of directors, of making and es- 
tablishing by-laws, and of transacting any business neces- 
sary and proper to carry into effect the provisions and in- 
tentions of this act. 
Approved 24 th February, 1837. 



LNCOKPOHATIUN LAW«. 93 

AN ACT to incoipoiate the President and I'lustees of the RushvHle Seminary. In force 2-lth 

Feb. 1837. 

Sec. 1. Be it enacted by the people of the State of Illinois^ 
represented in the General Assembly^ That the persons 
hereafter to be elected pursuant to the provisions of this 
act, and their successors, be and they are hereby created Company in- 
a body politic and corporate, to be styled "the president It^i'poraiet*- 
and trustees of the Rushville seminary," and in that name 
to remain in perpetual succession, with power to sue and Powers and lia- 
be sued, plead and be impleaded, to acquire, hold and con- biiitiei. 
vey property real and personal, to have and to use a com- 
mon seai, and the same to alter, break, and renew at pleas- 
ure; to make and alter from time to time, such by-laws as 
they may deem necessary for the government and regula- 
tion of said institution, its" officers, servants, and property; 
provided, such by-laws be not inconsistent with the consti- 
tution and laws of this State or of the United States. 

Sec. 2. The president and trustees of the said institu- 
tion shall be citizens of this state, and stockholders in 

the said corporation; and the trustees shall consist of six ^ ,, . , 
1 1 •■! .1 1 . 1 11 I 1 J 1 "resjdeut and 

persons, who together with the president shall be elected tmstees elected 

by the stockholders annually on the first IMonday in Jan- annually. 

uary, in each and every year, and shall hold their offices 

until their successors arc duly elected and qualified. The Elections wher« 

elections shall be held at the court house in Rushville, for held. 

the first election, and ever after at the Seminary, or other 

houses of the corporation. All clecilotis for oiiicers shall 

be by ballot, and may be made personnlly or by proxy, 

and conducted in such manner as shall be directed by the 

by-laws. 

Sec 3. The stockholders shall hnve power at special 
elections, to be called by the president and trustees, or a stockholders 
majority of them, for that purpose, to fill all vacancies may fin vacan- 
that may happen in the said board of president and trus- cies in office. 
tees, by occasion of death, removal, resignation, or oth- 
erwise. 

Sec. 4. The president and trustees before entering up- 
on the discharge of their duties, shall severally take and P'«8>^e»t a»^ 

o ^ trustees to ts^A 

subscribe an oath or aft^rmation before some competent oatj,^ 
officer, to support the constitution of this State and of the 
United States, and well and faithfully to perform the 
duties of their respective ofEces, to the best of their skill 
and abilities. 

Sec 5. The said president and trustees shall hold the 
property of the said institution solely for the purposes ^ni*!fbe'heW*for 
and advantages of education and the promotion of litera-puiposesof ed- 
tureaqd science in the said seminary, and not as a stock ucation. 
for the individual profit and benefit of themselves, or of 
any contributor to the endowment of the same; and no 



94 INCORPORATION LAWS. 

particular religious faith shall ever be required of those 
Religiousfahh. who become president and trustees, students, teachers, 
officers or servants of said institution. 

Sec. 6. The said institution shall be permanently loca- 
Where institu-j.gj in or near the tovi'n of Rushville, in Schuyler county, 
nentiy located, if^ this state. And the said president and trustees shall be 
Poweisoftrus- competent inlaw and equity to take to themselves and 
if,"'' , , their successors in office, in the-r corporate name and ca- 
estate (fee. P^city, any estate real, personal and mixed, by the gift, 
grant, bargain and sale, conveyance, will, devise, or be- 
quest of person or persons, body corporate and poli- 
tic whatsoever; and the same estate whether real or per- 
sonal, to grant, bargain and sell, convey, demise, let, place 
out on interest, or otherwise dispose of, for the sole and 
separate use and benefit of said institution. The said 
. . president and trustees shall faithfully apply all funds, by 

deatand tru"" them collected and received, according to the best of their 
tees. judgment, in erecting, completing, or repairing a suitable 

building or buildings, supporting the necessary officers, 
instructors and servants, and in procuring books, maps, 
charts, globes, philosophical and other apparatus, neces- 
Proviso, sary for the success of said seminary; jo?-orzrfec?, neverthe- 

less, that in case any donation, devise, or bequest shall be 
made to the said corporation for a particular and speci- 
fic purpose or purposes, not incompatible with the designs 
of this institution, and the corporation shall accept the 
same, every such donation, devise or bequest, shall be ap- 
plied in conformity with the express conditions prescribed 
by the donor or devisor. 

Sec. 7. The president and trustees shall annually, and 
as soon as may be convenient, after their own election and 
qualification into office, elect a treasurer and secretary of 
aecretary'of"^" the board of president and trustees of the said corporation, 
board. ' who shall each be stockholders therein, and who when 
elected and qualified, shall continue in office until their 
Treasurer's successors are elected and qualified. The treasurer be- 
*"* * fore he enters on the duties of his office shall execute a 

bond with approved securitj to the president and trustees 
of the Rushville seminary, in such penal sum as they may 
require, conditioned for the due and faithful performance 
of his duty as treasurer; and in case of the death, removal, 
refusal or neglect to act of the treasurer, for the time 
being, it shall be lawful for the president and trustees at 
any of their meetings to appoint another treasurer in- 
stead of the one dead, removing, refusing or neglecting to 
act as aforesaid, to remain in office till the expiration of 
the time during which his predecessor was entitled to 
serve; and all processes against the said corporation shall 

PioeesB agatust ^^ ^^ summons; and service of the same shall be bv lc«iv- 
coipantioii ' ' ' 



INCORPORATION LAWS. 9Q 

ing an attested copy thereof with the treasurer of [said cor- »hallbeby sum* 
poration,] alJqis usual place of residence, at least twenty '"°"'' 
days before the return thereof. Both the treasurer and 
secretary shall, before entering upon the duties of their 
offices, take an oath or affirmation, failhfully to fulfil the ^*'^'' °^ "*«•' 
duties thereof respectively. 

Sec. 8. The president and trustees shall have power to 
employ and appoint a principal lor said institution, and all 
such instructors and instructrcsscs,andalso such servants as P'"cipal shaU 
may be necessary, and shall have power to displace any or 
either of thein as they may deem the interest of" the institu- 
tion and the cause of education therein to require, and to 
fill vacancies that may happen by death, resignation, or 
otherwise, among said officers and servants. 

Sec. 9. The lands within the jurisdiction of this state, Land held io 
held in perpetuity by the said institution, shall not exceed pen'«'""y' 
eighty acres, at any one time, and if donations in lands 
shall be made to said corporation, the same may be re- 
ceived and held in trust by the said president and trustees, 
and shall be sold within five years from the date of such 
donation for the benefit of the institution; and in failure 
whereof the land so given shall revert to the donor or 
grantor of the same, or to their heirs; and the said presi- 
dent and trustees shall in no case lease or rent out any 
land so held in trust, for a longer time than four years from 
the time of such donation or grant. 

Sec. lO. The president and trustees shall meet serni- pj.gj^;,igj,j ,,,^1 
annually or oftener, if they shall deem proper, at the sem- trustees thaii 
inary or other building of the institution; and it shall be "^<^«'- semi-au-> 
the duty of the secretary to attend all the meetings of the D"*y^of secie- 
board, and keep and preserve a fair and correct record taiy. 
of all their proceedings. A majority of the board shall 
constitute a quorum for transacting all business apper- 
taining to the institution; provided, that the votes of a ma- "''°^'*°* 
jority of the whole board shall be necessary to elect any 
officer, instructor, or servant thereof. 

Sec. 1 1 . That on the payment of ten dollars to the treas- 
urer of the said institution, every free white person residing jtockhokferff 
within the state shall be considered a stockholder, and 
shall be entitled to one vote; and it shall be lawful for each 
and every stockholder, for the time being, of the said insti- 
tution, his or her executors, administrators or assigns, to 
give, sell, devise and dispose of their respective rights or 
shares in the said seminary, and 'that their respective as- 
signees shall be stockholders of said institution, and shall 
be entitled to all the rights and privileges in this institu- 
tion, as the original stockholders are entitled to by this act; 
provided, that a part of a right or share shall not entitle ProVixi* 



9G 



INCORPORATION LAWa 



CommissiAuers 
to receive sub- 
scriptions of 
stock. 



Notice of elec 
tion of presi- 
dent and vice 
president. 



Judges of elec- 
tion. 

When and 
where elections 
to be held. 



Stockholders to 
pay $2 on each 
share at time 
of subscribing. 



Elections by 
ballot. 



Seminary, to 
whom open. 
Proviso/ 



Provifo. 



the proprietor or owner thereof to any privilege whatsoever 
in said institution. 

Sec. 12. That Hart Fellows, Edward Doyle, John 
Scrips, Josiah Parrot, Jonathan G. Randall, and Robert 
H. Burton, of the county of Schuyler, be and they are 
hereby appointed commissioners, to solicit and receive 
Subscriptions of stock to said institution, and give receipts 
for the first instalment, to be paid on subscription; and 
when the sum of one thousand dollars shall be subscribed 
for, the said commissioners, or any three of them, are 
hereby authorized to give public notice by posting up ad- 
vertisements at six of the most public places in the said 
county, of the time and place of holding an election for 
president and trustees of said institulion, which said elec- 
tion shall be held at the courthouse in Rushville, between 
the hours of 12 o'clock A. M. and 6 o'clock P. M. on said 
day; and that the said commissiot^ers or any three of 
them arc hereby appointed judges of said election, and 
are authorized and empowered to hold the same. The 
second election and every Subsequent one shall be held on 
the first Monday in January annually, at the seminary or 
other building of the institution, between the hours of 12 
o'clock A. M. and o'clock P. M. of said day; that each 
stockholder shall be required at the time of subscribing or 
at or before the first election for President and trustees to 
pay to the commissioners tlie sum of two dollars on each 
share by him or her subscribed, and the residue at such 
time or times, as the prcsiuent and trustees shall direct 
and require; provided, that any stockholder or stockholders 
neglecting or refusing to pay the balance due on any 
share or shares, shall forfeit to the said institution the 
money previously paid on sudb share or shares so neglec- 
ted. 

Sec. 13. All elections for president and Irusteesshall be 
by ballot, with the name of the voter or stockholder writ- 
ten or printed on the ballot, and the number of the shares 
of stock he or she may hold in said institution, and shall 
be given to the treasurer or secretary of the board, or to 
the president and trustees; any three of whom shall and 
may act as a board of election. 

Sec 14. The said seminary when in operation, shall at 
all times be open for the use and privilege of every free 
white person within the United States who may wish to 
be instructed by the instructors and instructresses em- 
ployed by the president and trustees thereof; provided, 
said person will comply with the laws and by-laws of the 
8g id institution, and pay the sums fixed by the president 
and trustees for the instruction of pupils attending at the 
some*, provided nevertheless, that each and every stockhol- 



INCORPORATION LAWS. 
... 97 

der in the said institution shall be entitled to the admission 
of one pupil or student in the same, for each and every 
share he or she may legally hold therein. 

Sec. 15. That in case it should so happen that an elec- 
ti'oil for president and trustees should not take place on any 
day when, pursuant to this act, the same should be held, ^. 
jthe said corporation shall not for that cause be deemed to tion^cmJoJi"' 
be dissolved, but that it shall be lawful on any other day, tion notto be 
io hold an election in the place of the one omitted to be ^'"°i^e'i« 
held, in such manner as shall be prescribed by the by-laws 
and ordinances of said corporation. 

Sec. 16. This act shall be in force from and after its 
passage* 

Approved 24th February, 1837. 



AN ACT to inc'uporatc the Canton and Utica Rail Road Company. In force 24ih 

J'ebiuaiy 1837 

Sec. 1. Be it enacted by the people of the Stale of Illi- 
nois^ represented in the General Assembly^ Tha.t Charles Hunt, 
Isaiah Stillman, Gabriel Walling, Lathrop W. Curtis, 
Alexander Wilson, Nathaniel B. Childs, Joel Wright, Jo- 
has Breed, Starling Turner, John Orendoff and Lewis 
Bideman, their associates, successors and assigns, are here- 
by created a body corporate and politic, under the name Corporation 
and style of the "Canton and Utica Rail Road Company," created, their 
hndby that name may be, add [are] hereby made capable in P°w.<j"aHci 
law and equity, to sue and be sued, plead and be impleaded, ^"^' ^^^'' 
answer and be answered unto, defend and be defended, in 
any court or courts ofrecord,or in any other place what- 
everj to make, have and use, a common seal, and the same 
to break, renew and alter, at pleasure; and shall- be, and 
dre hereby vested with all the powers, privileges and im- 
munities, which are or may be necessary to carry into ef- 
fect the purposes and objects of this act, as hereinafter set 
forth. And the said company arc hereby authorized and 
empowered, to locate^ construct, and finally complete, a 
tail road, commencing on the Illinois river at or near the 
mouth of Coperas creek, thence to Utica, in such manner 
and form as the said company shall deem most expedient. 
And for this purpose said company arc authorized to lay 
out said road not to exceed eight rods wide through the 
whole length, and for the purpose of cutting embankments, 
stone, gravel, may take as much more land as may be ne- 
cessary for the proper construction and security of said road ; 
Provided, That all damages that maybe bccasioned to any Profiso, 



98 LNCORPORATION LAVVS. 

person or persons, by the tnking of such land or materials, 
lor the purposes aforesaid, shall be paid for by said com- 
pany in the manner hereinafter provided. 
Amount of Sec. 2. The capital stock of said company shall consist 

^'?P''^' 5'°'^''' of one thousand shares, with the privilege of increasing the 
w increase .'^^^ same to two thousand shares in the whole, of fifty dollars 
each; and the immediate government and direction of the 
Diiectors to be affairs of said company shall be vested in seven directors, 
*|.®^'^^^*' '®''"' who shall be chosen by the members of the company, in 
the manner hereinafter provided, who shall hold their of- 
fices for one year and until others shall be duly elected 
and qualified to take their places as directors; and the said 
directors, a majority ot wliom shall form a quorum for the 
To elect a transaction of business; shall elect one of their number to 
ammiur other '^^ president of the board, who shall also be president of 
oiiicers the company, and shall have authority to choose a clerk, 

who shall be sworn to the faithful discharge of his duty; 
and a treasurer, who shall give bond to the company with 
securities to the satisfaction of the directors. 

Sec 3. The president and directors, for the time being, 
directon may ^^^ hereby authorized and empowered, by themselves or 
construct rail their agcuts, to exercise all the powers and authority here- 
joad, &c. jjj granted, for the purpose of locating, constructing and 
completing said railroad; and all such other powers and 
authority for the management of the affairs of said compa- 
ny, not heretofore granted, as may be necessary to carry 
into effect the object of this grant; to purchase and hold 
lands, materials, and other necessary things, in the name 
of the company, for the use of the road; to make such 
equal assessments from time to time, on all the shares in 
said company, as they may deem expedient and necessary, 
in the progress and execution of the work, and direct the 
same to be paid to the treasurer of the company, and the 
treasurer shall give notice of all such assessments. The 
board of directors sliall have power to adopt rules and by- 
laws, regulating the manner and time of payment of all 
assessments they may order, under such penalties as they 
may deem proper. 
Tompany to Sec. 4. Said company shall be holdcn to pay all dama- 
pay damages ^^^ ^^^^^ ^,^y .irisc to any person or persons, by taking 
their lands, stone, or gravel, for the use of said rail road^ 
when the same cannot be obtained by voluntary agree- 
ment, to be estimated and recovered in the manner pro- 
vided by law for the recovery of damages happening by 
the laying out of highways. 

Sec. 5. When the lands or other property, or estate 
of any marrii;d woman, infant, or person non compos men- 
tis, shall be necessary for the construction of said rail road, 
Gumdian may the husbind of such married woman, and the guardian of 



INCORPORATJUN LAWS. 09 

such infant, or pei:son non compos mentis, may release all lelease dama- 
damages in relation to th^ land or estate, to be taken and s^^- 
appropriated as aforesaid, as fully as they might do if the 
same were holdcn in their right respectively. 

Sec. C. If any person shall wilfully, maliciously or wan- Any person in- 
tonly, and contrary to law, obstruct the passage of any !"''!.'¥ '"°^"^ '" 
car on said rail road, or any part thereof, or any thing be- 
longing thereto, he, she, or they, or any person assisting, 
shall forfeit and pay to said company, for every such of- 
fence, treble such damages as shall be proved before any 
court competent to try the same, to be sued for in the name, 
and in behalf of said company; and such offender or offend- 
ers shall be deemed guilty of a misdemeanor, rf-"d liable to Liable toin- 
indictment in the same manner as other iudictnents are *''*^'.""^"J' *"*^ 
found, in any county or counties where such offence shall * 

have been committed; and upon conviction such offenders 
shall be liable to a fine not exceeding five thousand dollars, 
for the use of such county where the indictment may be 
found, or may be imprisoned not exceeding one year, at 
the discretion of the court before whom the conviction 
may be had. 

Sec 7. Said company shall so construct tlieir said rail 
road across public high.vays so as not to iiindcr, obstruct, Road may be 
or interfere with the passage and free use of such public ^.^^'^'^!^°''*^*"" 
highways; an.d if said rail road shall not be so constructed, tjons 
it shall be lawful for the persons aggrieved to abate the 
same, in the same manner as is now provided by law for 
the removal of obstructions to public highways. 

Sec. 8. The time of holding the annual meetings of said 
company for the election of directors, sliall be tlxcd and Elections to b« 
determined by the by-laws of said company; and at all j'^"g y ^ y- 
meetings each stockholder shall be entitled to vote in 
person, or by proxy duly authorized, one vote for each 
share he or she may own. 

Sec 9. That Cliarlcs Hunt, Isaiah Sliilman, Gabriel 
Walling, Lathrop W. Curtis, Alexander Wilson, Nathan- 
iel B. Childs, Joel Wright, Jonas Breed, Starling Turner, 
John Orcndoff'and Lewis Bideman,ora majority of them, 
are hereby appointed commissioners to open subscription Commissionpri 
books for the stock of said company. Said commissioners, f"j.°||f,"^,.j°?,* 
or a majority of them, are hereby authorized to open sub- Notic« to be 
scription books for said stock, at such places as they may e'^^" 
deem proper, and shall give at least thirty days notice of the 
and place where such books shall be opened, and shall keep 
the same open for five days, unless the whole number of 
shares of said company shall be sooner subscribed; and 
they shall require each subscriber to pay one dollar on 
each sharesubscribed, at the timeof subscribing; and atthe 
termination of said termof five days, or sooner, if the whole 
amount of said shares shall be taken, said coinmissioners 



100 JNCORPORATION LAWS, 

Tocaiiaineet shall call a meeting of the stockholders, by giving ten 

""6 by giving ^^yg notice in some public newspaper printed in this state, 

ten days notice J, ,. , , r r _r r .» 

oithe time and place ot such meeting. At such meeting it 

shall be lawful to elect the directors of said company, and 
when the directors of said company shall have been cho- 
sen, the said commissioners shall deliver said subscription 
books, together with all sums of money received by them, 
Proviso, to said directors; ProxJirferf, That no election shall beheld 

until the whole number of shares of said company shall 
have been subscribed; and provided also, that each direct- 
or shall, at the time of the election, hold at least ten shares 
of the capital stock of said company. 
Directors to Sec. 10. Said board of directors shall have power to 
make by-laws, jjiake, ordainand establish, such by-laws, rules, and regula- 
tions and ordinances, as they may deem expedient and ne- 
cessary to accomplish the purposes, and carry into effect the 
provisions of this act, and for the well ordering, regula- 
ting and securing the interests and affairs of said compa- 
Proviso ny; Provided, The same be not repugnant to the constitu- 

tion and laws of this state, or of the United States. 

Sec. 11. The said company shall, on or before the fourth 

day of July 183S, commence the construction of said rail 

When to com- road, and have the same completed within five years there- 

mence and after; and should the said company fail to have the said 

complete road, j,^^^ commcnccd and completed as herein provided, in 

or null and ,iiitii i • ^ 

void either case this act shall be null and void. 

Company to Sec. 12. Said Company shall have a discretionary pow- 
have discre- gj- to continue Said rail road from Utica to Canton, in Ful- 
tiouary power j-Q^^ounty, in the same manner and form, and upon the 
same conditions as herein granted, from the place of be- 
ginning on the Illinois river, to Utica; and for this purpose 
shall be vested with all the powers, privileges and immu- 
nities, heretofore granted in this charter, and shall be go- 
Proviso verned by the same rules, regulations and by-laws; Prort- 
rfec?, Said company shall commence the construction of said 
proposed continuation within five years from the obtaining 
of this corporation, and complete the same previous to the 
expiration of this charter. 

Sec 13. Said company shall have further power, if 

May construct they deem it most practicable, to construct a canal in lieu 

a canal of the above named rail road, or any part thereof, under 

the same rules, regulations, by-laws and restrictions, and 

have the same powers,privileges and immunities, ashereto- 

Right reserved fore granted, for the construction of the aforesaid rail road. 

Sec 14. The Legislature reserves the right to alter, 

amend or repeal this act, whenever in the opinion of the 

General Assembly the public good may require the same. 

ApmovED 24th February, 1837. 



INCORPORATION LAWS. 10 1 

AN ACT ta incorporate the Elanovcr College in Tazewell county. j^ f^y,.^ Y9\^. 

. 27 ih, 1837, 

Sec. 1 . Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, Ihat William Major, 
William Davenport, Dennis Rockwell. Joshua Jones, Ja- 
cob CasseU, David B. Henderson, Josiah L. James, Isaac Trustees of 
G. Israel, Joseph J. Taggart, Samuel R. Smith, R. O. college 
Wariner, William Rockwell. John Hill, Huston Hawks, 
J. Josephus Hewitt, and their successors be, and they arc 
hereby created a body corpoiateand politic, by the name 
of the "Trustees of Hanover College," and by that name 
and stj'le to remain and have perpetual succession. Said 
college shall be located at or near to the town of Hanover c^n ^^.^^ 
in Tazewell counly. The number of trustees shall not located 
exccedfiftecn, exclusive pfihc president, principal, or pre- 
siding oftlcer of the institution, who sliall, cx-ojfflcio, te a 
ipcrnbcr of the board of trustees. 

Spc. 2. The objects ofsaid incorporation shcilj ty;the dif- Objects of ii^-. 
fusion pf knowledge among men,the promotion of the gen-'^o''i'o»"^t\ofl 
eral interests of education ;to qualify young men to engage 
'\n the several employments and professions of society, and 
to dischijrge, honorably and usefully, the various duties of 
life. 

Sec. 3. The corporate powers hereby bestowed shall 
\tC such only as are essential or useful in the attainment 
ofsaid objects, and such as arc usually bestowed on simi- 
lar bodies corporate, viz: to have perpetual succession, to 
make contracts, to sue and be sued, plead and be implead- ^°"^vs of cor... 
cd, to grant and receive by its corporate name, and to do all ^akc "on" 
qther acts and things as natural persons may; to accept tracts, &c^ 
and acquire, purchase or sell property, real, personal, or 
mixed, in all lawful ways; to use, manage, employ, and 
dispose of such property, and all money belonging to said 
corporation, in such manner as shall seem to the trustees 
best adapted to promote the objects aforesaid; to have a 
common seal, and to alter or change the same; to make 
such by-laws as arc not ii^consistept with the constitution t„ ^^^^ l, 
and laws of the Uuited States and of this state, and to con- laws 
fer on such persons as may be deemed worthy, such acade- 
mical or honorary degrees as are usually conferred by To confer dt- 
similar institutions. 6«^«®* 

Si;c. 4. The trustees ofsaid college shall have authori-^ 
ty from time to time, to prescribe and regulate the course appoint officwt 
of studies to be pursued in said college, and in the prepar- of "g^'^s, ai^ 
atorydcpartmentattaohed thereto; to fix the rate of tui- ''*^'"°'" """" 
tion, room rent and other college expenses; to appoint in- 
structors, and such other officers and agents as may be 
needed in managing the concerns of the institution; to de- 
fioe their powxrs, duties and employments; to fix their 



102 JI<iCOUrOUAT10K LAWS. 

compensation; to displace and remove either of said in- 
structors, officers, or agents, or all of them, as said trustees 
shall deem the interestsof said college may require; to fill 
May erect all Vacancies among said instructors, otlicers, and agents; 
buildings and to crcct suitable orneccssary buildings; to purchase books, 
purchase books chemical and philosophical apparatus, and all other suita- 
ablc meiins of instruction ; to put in operation a system of 
manual labor, for the purpose of lessening the expense of 
education and promoting the health of the students; to 
make rules for the general government of the affairs of the 
college, and for the regulation of the conduct of the stu- 
dents; and to add, as the ability of the corpoiation shall 
increase, and the wants of the community demand, addi- 
tional departments for the study of any or- all the liberal 
professions, Provided, that no theological department shall 
ever be attached thereto. 

Sec. 5. If any trustee shall be elected president of the 
college, his former place as trustee shall be considered as 
vacant, and the place filled by the remaining trustees. — 
Trustees may '^^^ trustees for the time heijigshall have power to remove 
j«move trustee any trustee from office for any dishonorable or criminal 
Proviso conduct; Provided, that no sue h removal shall take place 

without giving to such trustee notice of tlie c'larges pre- 
ferred against him, and an opportunity to defend himself 
before the board of trustees; nor unless two-thirds of the 
trustees for the lime being concur in such removal. The 
trustees for the time being, in order to have perpetual suc- 
cession, shall have power, as often as a trustee may be re- 
moved from office, die, resign, or removeout of this state, 
to appoint a resident of this state to fill the vacancy oc- 
casioned by such removal, death, resignation, or removal 
out of the stale. A majority of the trustees for the time 
being shall be a quorum to do business. 
To apply fuiuls Sec. G. The trustees shall faithfully apply all funds by 
them collected, according to their best judgment, in erect- 
ing suitable buildings; in procuring books, maps, charts, 
globes, chemical, pliilosophical and other apparatus neces- 
sary to aid in the promotion of sound learning in the in- 
frovlso stilution: Proutc/cc/, that in case any donation, devisej or 

bequest, shall be made for particular purposes, accor- 
dant with the objects of this incorporation, and the trus- 
tees shall accept the same. Every such donation, devise 
or bequest shall be applied in strict conformity with the 
Proviso express condition of the donor or devisor: Provided, also^ 

that lands so donated or devised as aforesaid, shall be sold 
or disposed of as is required by the tenth section of this 
act. 

Sec. 7. The treasurer of said college always, and 
all other agents when required by the trustees, before en- 



INCORPORATION LAWS. 103 

tering upon the duties of their appointment, shall give Trustees and 
bonds respectively for the security of the corporation, in 2"° ^'^* 
such penal sum and with such securities as the board of 
trustees shall approve. AH process against said corpora- 
tion shall be by summons, and the service of the same ^^"^'^"jPg^ 
shall be by leaving an attested copy with the treasurer of turn 
said corporation, at least thirty days before the return 
day thereof. 

Sec. 8. The said college and its preparatory department 
shall be open to all denominations of christians, and the College open 
profession of any religious faith shall not be required of ^°all'le'>°'"'."- 
those who become students: all persons, however, may ^j"°"^ ° ^ ^^ 
be suspended, or expelled from said institution, whpse hab- 
its arc idle, or whose moral character is bad. 

Sec. 9. The lands, tenements and hereditaments i'O be ^^^j^^^ ^^ ^ 
held in perpetuity in virtue of this act shall not exceed one i,ei(i in perpet- 
thousand acres: Vrovided however, that for, during, and un- "i'y . 
til <he termination of the term of ten years from the pas- '^° 
sage of this act, said corporation shall be permit! cd to 
hold one ihousand acres, in addition to the land held in 
perpetuity as afaresaid. The said trustees shall, within 
one year from the termination of the aforesaid term often Trustees to 
yeai?, sell at public auction, to the highest bidder, any'"^''®^*® 
quantity of said additional thousand acre?, not less than 
one hundred and sixty acres; and in each successive year 
thereafter, said trustees shall sell, as aforesaid, not less 
than one hundred and sixty acres; Provided, further, that 
the whole of said additional one thousand acres shall be °^^*° 
sold, as aforesaid, within five years from the expiration 
of the before mentioned term of ten years: Jnd it is fur- 
ther provided, that \(, at nr\y time after said college has 
gone into actual operation, and after the faculty of said "*** 
college shall consist of the president and two additional 
professors, any person or persons shall desire to establish a 
third or any greater number ofprofcssorships,notinconsis- 
tent witli the provisions of this act, and for this purpose 
shall secure to the trustees of said college a permanent 
fund of five hundred dollars annually for each such profes- 
sorship, so to be created, it shall and may be lawful for said 
trustees to hold, for the supportof each such professorship, 
any quantity of land not exceeding three hundred and 
twenty acrcs;and the fund so secured to the trustees, with 
all the rents and profits, arising from the land, so held for 
the support of each such professorship, shall be kept sep- 
arate and distinct fiom the funds and means of the college, 
and also separate and distinct from each other, and shall 
be applied solely and alonetothe supportof that particu- 
lar professorship for which such fund was originally se- 
cured, and for which said land may be held; and for and 



lOi INCORPORATION LAWi5. 

during the time that the aforesaid permanent fand and land 
herein before named, shall be so held by the said trustees, 
for the support of any such professorship, as aforesaid J 
any number of young men, not exceeding fivc for each 
professorship so established, not being over the age of eigh- 
teen years at the time of applying, shall, on presenting to 
the JDresident of said college the recommendation of any 
county commissioner's court in this state, certifying to 
the good moral charactfer and sober habits of each appli- 
. cant, be entitled to all the advantages of said institutioh 

Proviso fj.gg Qf charge; .^nc^ it is further provided^ that if at any time 

any such professorship shall be without a professor in its 
chair during two terms of instruction in said college, or 
during that length of time be without students, said trus- 
tees shall, within six months from the close of such second 
term, sell at public auction, to the highest bidder, all 
lands held by them for the support of such professorship; 
and at the first county commissioners' court which shall 
be held in the county in which said college is sitii- 
atCj said trustees shall present a true and full state- 
inent of the proceeds of said land, and also of the 
amount and situation of the permanent fund, created for 
the support of any suchjprofessorship. And said fund,or any 
part of it which may be within the control of said trustees, 
and the proceeds of the land herein last me' tioned, shall 
forever after constitute a fund for the gratu''; ^us education 
of young men in said college, subject to the restrictions 
jind on the recommendation prescribed for beneficiaries in 
the former part of this section: said trustees shall be re- 
quired to make out, arid submit to the county commis- 
sioners' court aforesaid, yearly, a full and complete state- 
ment of the condition of said fund for the current year, 
and how said fund has been appropriated in compliance 
with this act. And at all times said trustees shall furnish 
said county commissioners with any information relating 
thereto, which they may require, arid which shall be with- 
in the knowledge of said trustees. 

Sec. 10. If any donation, grantor devise in land shall, 

donations may from time to time be made to said institution over arid 

be received and j^jjQyg j.}-,g q^^ thousand acrcs to to be held in perpetuity 

ycijjj as aforesaid, and over and above the lands held by virtue 

of the oilier provisions of the ninth section of this act, the 

same may be received and held by said corporation for 

the period of five years from the date of any such donation, 

grant or devise; at the end of which time, if the said lands 

over and above the lands to be held in perpetuity, and 

over and above the lands held by the other provisions of 

the ninth section of this act, shall remaiu unsold, then 

and in that case, the lands so donated, granted or devised, 



INCORPORATION LAWS. l05 

shall revert to the donor, grantor, or heirs of the devisor 
of the same, and in case the donor, grantor or heirs of the 
devisor of said lands shall be deceased or unknown, the 
school commissioner for the county in which said college 
is situate^ shall proceed to sell said lands, and the pro- 
ceeds of said lands so sold by the school commissioners 
shall be divided among the several school districts of the rtissiontrs to 
county, and be appropriated to common school purposes sell lands and 
solely in proportion to the population of each dis- "|^''^*pp'*'' 

trict. pmuons 

Sec. 11. No sale of lands shall be made by the trustees 
of said corporation, until notice has been previously given ^°|'". o*^"'* 
for at least six weeks successively, in some public news- before^sait 
paper in this state, announbing the time, place, and terms 
of said sale; any sale of lands to be made by the school 
commissioner under this act shall be regulated as nearly 
as may be, by the laws of this state regulating the sale 
of school lands; and if, at any time, said corporation shall 
act contrary to, or fail, or refuse to comply with the pro- 
visions of this charter, it shall be the duty of the circuit 
attorney for the circuit in which said college is at such 
time situated, to Cciase a scire facias to issue to repeal this 
charter. 

Approved 27th February, 1837. 



AN ACT to iricdrpoiate the Beet Sugar, Silk, and Vegetable Oil inanufactur. In force 2 th 
ing company, Feb. 1837 

Sec. 1. Be it enacted by the People of the State oj Illinois^ 
represtnted in the General Assembly, That William Craig, 
John B.Hundley, Benjamin F.Edwards, John B. Campden, Constituted a 
and Joseph Green, their associates and successors be, and body politic &. 
they are hereby constituted a body politic and corporate, corporate. 
by the name of the Illinois Beet Sugar, Silk, and Vcgita- 
ble. Manufacturing Company, and by that name shall have 
power to contract,andbe contracted with, sue and be sued, 
plead and be impleaded, answer and be answered, defend, p,°v^egef"^ 
and be defended, in all courts of law and equity in this 
State, and to make, have, and use a common seal, and the 
same to alter and renew at pleasure, arid shall continue 
and exist as such, from and after the passage of this act, 
for the term of twenty years. 

Sec 2. The said company are hereby authorised to en- 
ter into and carry on the cultivation of beet, and other saccha- 
rine vegetables, and manufacturing sugar therefrom, also the 

H 



lOG 



IXCOIirO RATION LAWS. 



Alay manufac- 
ture and culti- 
vate. 



Kieot iiiacliiue- 
ry. 



Anioui:i of 
cai>ital stock. 



JDirentors to 
form a 
board and 
transact all 
busine!!S of 
company. 



Directors. 



May elect a 
president and 
Secretary. 



Ticiisuicr to 
give bom!. 



Stock to be di- 
vidi'd into 
bliarcs. 

Loeationol" the 
ibtablijlunciit. 



cultivation of tho cliHercnt varieties of the mulberry, aixl 
the growing of silk and manufacturing tiie same into the 
various articles of commerce, also oil from the poppy, sun 
ilower seed, and othcrn-cgetables; to export their products 
and manufactures, to erect mills, work?, machinery, and 
such other buildings as may be necessary to carry on effi- 
ciently their business, and to enter into all contracts which 
may concern the use and management of said property. 

Sec. 3. The capital stock of said company shall be fif- 
ty thousand dollars, with pov/er to increase the same at 
the pleasure of said company, to any amount not exceed- 
ing one hundred and fifty thousand dollars. 

Sdc. 4. The stock property, and concerns of said cor- 
poration, shall be managed and conducted by five direc- 
tors, who shall, or a majority of them, constitute a board, 
and be competent to the transaction of all business, 
and may from time to time make and prescribe such by- 
laws, rules, and regulations relative to the concerns of said 
corporation as may be deemed by them necessary, and 
shall also regulate the duties oi their agents and clerks 
and all others by them employed. 

SeC. 5. William Craig, John B. Hundley, Benjamin F. 
Edwards, John B Campden, and Joseph Green, shall be 
directors from the time this act takes cifect, and until suc- 
ceeded by others, who shall be elected by the stockholders 
Or their proxies, on the second Monday in may next, and 
annually thereafter; but in case such elections should not 
besoheld, this charter shall not be forfcited,|but an election 
may be held at any time within three months thereafter, 
on the call of any two stockholders given in a newspaper 
printed in Alton. 

Sec. 0. Immediately after the directors arc chosen as 
above, they shall hold a meeting at which, and at all subse- 
quent meetings a majority shall constitute aqaorum; they 
shall proceed to the election of a president from their 
number, a secretary, who shall be sworn by a justice of 
the peace to the faithful discharge of his duty, and who 
shall record all the votes of the corporation in a book, to 
be by him kept for that purpose, a treasurer, who shall give 
bond to such amounts and in such manner as the said presi- 
dent and directors shall direct, and appoint such other officers 
and a'-'ents as to them may seem proper. 

Sec 7. The capital stock of said company shall be di- 
vided into shares of one hundred dollars each, and each 
share shall be entitled to one vote. 

Sec. 8. The establishment of said corporation fer the 
cultivation and manufacture of the articles aforesaid, shall 
be located in Madison or Blacoupin county, as the direc- 
tor<7 or a mHiority of them, mny deem most advantngcous. 



INCORPORATION LAWS. 107 

Sec. 9. That the general place of meeting for said com* Place of meet- 
pany, shall be at Alton in this State, but the president and '"8 ''"» ofpa- 
directors of said cojupany may select such other places of "^" 
business as to them may seem fit, for the general purposes 
of said company. 

Sec \ik The corporation shall at all limes keep pro- 
per books of account, in which shall be registered all the ke°ep^*book8' 
transactions of said corporation, and it shall be the duty make annual 
of said directors to make annual dividends, or at such olh- di\ kiencU &c, 
er times as a majority of them may direct, of the profits 
of said company, and the said directors shall at least eve- 
ry six months, exhibit a full and complete statement of 
disbts and credits, and such other matters as may be deemed ?'"^|^f"* '** 
essential relating to the affairs of the company. ®*^ ' ^^^'^' 

Sec. 1 1. The corporation hereby created by this act, jyiay hold and 
shall be capable and are hereby authorised to purchase, convey real 
hold, and convey any estate, real, personal, or mixed, that «"**«• 
may be necessary to enable the same to carry on efficient- 
ly Its business as defined in this act, and for no other pur- 
poses whatever. Provided, The land to be held by said Proviso. 
«ompany shall not exceed, at any one time, six hundred 
and forty acres. 

Sec. l2. The stock of said company shall be deemed Stock deemed 

Eersonal property, and assignable and transferrable on the personal. 
ooks of the corporation, but no stockholder indebted 
to the corporation shall be permitted to make a transfer 
until such debt be paid to the satisfaction of said 
directors. 

ArpRovKD Fob. 27lh, 1837. 



Inforce 27tli 
AN ACT to iiicoi-poiate ilie towns ilicreiu named, ami for other purposes, Feb. , 1837. 

Sec. 1. Be it enacted hy the People nf the State of Illinois, 
represented in the General Assembly, That the inhabitants 
of the towns of Lynnville in Morgan county, Frankfort in 
Franklin county, Clayton in Adams county, Warsaw in Towns maybe 
Hancock county, and Vienna in Johnson county, are here- '"*^°'"P°'"^^'** 
by authorised to become incorporated upon the same 
terms, and in the same manner prescribed by the act enti- 
tled "an act to incorporate the inhabitants of such towns 
as may wish to be incorporated," approved February 12, 
1831, notwithstanding there may not be one hundred and 
fifty inhabitants in said town, and upon complying with _ 
the provisions of the act aforesaid, the inhabitants of saidjje^f^nj^^^"! 
town and the president and trustees thereof, when elected, tees, 
shall have, exorci«o,and onjoy, all (lie ri<jhl«:. privileges and 



108 



fXCORPORATIuN LAWS. 



Justice's dis- 
trict created. 



Justice's dis- 
trict created. 



powers granted and conferred upon incorporated towns 
of this State; provided, That the trustees shall not have 
the power of levying and collecting taxes upon any land 
not laid out in town lots. 

Sec. 2. A justice's district is hereby created and estab- 
lished, to include the said town of Lynnville, the bounda- 
ries of which shall be one mile square, the centre of the 
public square in Lynnville to be the centre of the district, 
and the said district shall elect one justice of the peace, 
and one constable, to have and exercise the like jurisdic- 
tion and powers as other justices of the peace and consta- 
bles. 

Sec. 3. A justice's district is hereby created and estab- 
lished, to include the town of Winchester in the county of 
Morgan, the boundaries of which shall be one mile square, 
the centre of the public square in Winchester to be the 
centre of the district, the said district shall be entitled to 
two justices of the peace and two constables, who shall 
have and exercise the same jurisdiction and powers as 
other justices of the peace and constables. 

Sec. 4. The clerk of the county commis ioners court 
notice for eiec- of Morgan county is hereby required to give notices for 
tion of justices ^]^q election of one justice of the peace and one constable 
^^ '^'' in each of said districts, on or before the first Monday in 
May next, and on the day of election the ek ctors present 
shall choose judges, who shall appoint clerks, and the 
election shall he conducted in all respects, and returns 
made as required by the law regulating the elections of 
justices of the peace and constables; the persons elected 
at said election shall continue in office until superceded by 
the election of others at the next general election of jus- 
tices of the peace and constables. 

Sec. 5. The provisions of the first section of this act, 
shall be extended in all respects to the inhabitants of the 
towns of Warsaw, and Carthage in the county of Han- 
cock. 

Approved 27 th Feb., 1837. 



Clerk to give 



If •)• I, AN ACT to amend an act •ntitled an act to incorporate the Carljle bridg« 

Sec. 1. Be it enacted by the People of the State of Illinois, rep- 
Act amended resented in the General Assembly, That the third section of 
MM to author- the act entitled an act to incorporate the Carlyle bridge 
ise the«rectionj.Qfyipanv, approved January IGth 1836, shall be and the 

of bridge &e, r . ^ ri 



INCORPORATION LAWS. l09 

same is hereby so amended as to authorise and empower 
the corporation by said act created to erect the bridge 
therein authorised across the Kaskaskia river, by com- 
mencing the same at the east end of Franklin instead of 
Fairfax street at Carlyle, or at such point between said 
streets as to said corporation may seem best, thence to the 
east bank of said river, to be constructed in all other res- 
pects as contemplated in said act of incorporation, Provi- „ . 
ded^ Said company shall so construct said bridge by having ' ' 
a slide or draw in the middle of the same, so as to afford 
at all times a free and speedy passage to steam boats and 
other water crafts, Provided also, That said company shall „ . 
not so construct said bridge as to obstruct the ford on the '°^'^'^' 
river where the state road now crosses the same. 

Sec. 2. This act to bo in force from its passage. 

Approved February 27th, 1837, 



AN ACT supplementary to an act to incorporate the Alton Marine and Fire In force, 27 ih 
insurance Compan}', approved Feb. 7th, 1835. Feb. 1837 

Sec. 1. Be it enacted by the people qfthc State of Illinois, 
represented in the General Assembly, That so much of the Capital stock 
capital stock of said company as is required to be in- may be invest, 
vested in bank stock by the twelfth section of the act, to ^'^ °" mortgaga 
which this is a supplement, may be invested at the discre- 
tion of the directors of said company either on mort- 
gage on real estate, or in the manner now provided by 
law: Provided, That nothing herein contained shall be Proviso 
construed to exempt the said company from the duties 
and liabilities of insurance as prescribed by the act to 
which this is a supplement; and Provided further, That a ^"^'"^ 
majority of the stockholders of said company shall on or 
before the first day of April next, accept of this supple- 
mentary act, which acceptance shall be signified to the 
secretary of said company, and entered upon his 
minutes. 

Approved February 27th, l837. 



no JxNCOUPOUATlON LAWS. 

In force Feb. AN ACT to incorporate the Athens Female Academy. 

37, 1C37. 

Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly^ That James D. Allen, 
William S. Stane, Josiah Francis, James E. Brassfield, 
Declared a bo- WiUJam Strawbridge, William B. Brown, Harry Riggin, 
corporate*" John N. Moor, John Berry, Josiah Smith, and John 
Primm, sen. together with such other persons as may be- 
come members of the corporation hereby created, shall 
be and they are hereby constituted and declared to be a 
body politic and corporate by the name of the "Athens 
Female Academy." 
Capital stock Sec. 2. The capital stock of the said corporation 

shall not exceed ten thousand dollars, and shall be divir 
How divided j^j j^,_Q gj^^^^gg ^^ ^,j-^y jQ,jjjj.g g^^j^^ 

Corporate ^^c. 3. The corporation hereby created shall be for- 

jiowers ever capable in law to purchase, take, receive, hold, and 

enjoy any estate, real and personal, whatsoever, to an 

amount not exceeding ten thousand dollars, and to lease, 

sell, and convey or otherwise dispose of the same. 

Number of trus- Sec. 4. There shall forever hereafter be elected nine 

teesto beeiect-[rustces of the Said corporation, who shall be members 

^ thereof, by the stockholders of the corporation, on the 

fourth day of July, one thousand eight hundred fyid 

thirty-seven. 

Sec. 5. There sluill be on the fourth day of July, one 
ingtrbeTeW* thousand eight hundred and thirty-seven, and on the fourtli 
for election of day of July in every succeeding year, a general meeting of 
officers the members at some convenient pi ace in the town of Athens, 

to be designated by the by-laws of said corporation, wIiq 
shall in person, or by proxy, elect one president and trea^ 
surer, and such other officers as may be necessary for the 
management of said corporation, who shall hold their res- 
pective offices one year,or until their successors are elect- 
ed, and in cascf any of the trustees shall die, resign or 
refuse to serve, then and in every such case the remain- 
ing trustees shall and may, within thirty days thereafter, 
elect by ballot or vive voce other members of said cor- 
poration in their stead, who shall hold their offices until 
the fourth day of July next ensuing, and until others are 
elected in their stead. 
How votes to Sec. G. Each member shall be entitled to one vote for 
be given each share of which he shall be the holder, and the 

Stockholders to stockholders shall receive subscriptions for shares in said 
scripaons" ' Corporation until the capital stock is subscribed. The 
said stock shall be assignable and transferrable, according 
to such rules as the boards of stockholders shall from time 
to time make and establish, and shall be considered per- 
sonal property. 



INCORPORATION LAWS Ul 

Sec. 7. In case it should at any time happen that an Coiporation 
election of the trustees should not' be made on any day, fa?]s''toele« *^ 
when, pursuant to this act, it should be made, the said cor- oaScors 
poration shall not for that cause or for any iionuser be deem- 
ed to be dissolved, but it shall and may be lawful on any 
other day to hold an election for trustees in such manner as 
said trustees may deem proper and convenient. 

Sec. 8. The said academy shall be located in Athens, Where lo bd 
in Sangamon county, and the said trustees shall be com- Jj^";^'*'' , 
petent in law and equity to take to themselves and their g/a"' **^ ''°^^" 
successors in office, in their corporate name, any estate, 
real, personal, or mixed, by the gift, grant, bargain, and 
sale, conveyance, will, devise, or bequest of any person or 
persons whomsoever; and the same estate, whether real 
or personal, to grant, bargain, sell, demise, let, place out 
on interest, or otherwise dispose of for the use of said in- 
stitution in such manner as may be most beneficial. 
Said trustees shall faithfully apply all funds collected, or 
the proceeds, according to their best judgments in erect* 
ing suitable buildings, supporting the necessary officers and 
instructors, and procuring books, maps, chaits, globes, phi- 
losophical and other apparatus, necessary to the success 
of said institution. 

Sec. 9. If at any time the corporation shall act con- .Way be pra- 
trary to the provisions of this act, or shall in any manner "^'^^'^ agaimt 
abuse the powers herein granted, it shall be the duty of ..amo" ^^'^ 
the Attorney General to file an information in the nature 
of a quo zcarranto for the purpose of vacating and annul- 
ling this act, and the powers herein granted. 

Ai'PBOvED February 27th j 1337, 



AN ACT to amend an act eniitlcJ an act to incoipoiate the Franklin man- ^" ••I'^e, 37tN 
ual Labor CoHeg", approved Jan, IGth, 18J6. **'>• 1837 

Sec. 1. Be it enacted by the people of the SUite of Illinois^ 
represented iit the General Assembly^ That the trustees of 
the Franklin Manual Labor College shall have power 
to locate srtid college in the county of Will, and that so 
much of the lirst section of the act to which this is an 
amendment as requires the trustees of the aforesaid col- 
lege to locate it either in the county of Cook or La Salle^ 
hd and the same is hereby repealed. 

Appuoved, ''J7th Fcbriuiry, 1837. 



112 INCORPORATION LAWS. 

In force Feb, ■'^N ACT to incorpoiatc the Mackinaw and Illinois Canal Company 

27ili, 1837 

Sec. 1. Be it enacted by the people of the State of Illinois^ 
represented in the General Assembly^ 'I'liat Asa Lee 
Davidson, Ira Davenport and John A. Jones, their asso- 
Company con- ciatcs, succcssors and assigns, be and they are hereby 
stuted body created a body politic and corporate, under the style 
noia'te ^'"^ *^°'" ^"^ name of the "Mackinaw and Illinois canal and manu- 
facturing company,'' and by that name shall have power 
to contract and be contracted with, and shall be and here- 
by arc made capable in law to sue and be sued, to file a 
judgment in execution, plead and be impleaded, de- 
fend and be defended in any court of record, or in any 
other place whatsoever; to make, have, and use a com- 
mon seal, and the sameto break or alter at pleasure, and 
Pmveisand ^j^^^jj ^^ .^^^j hereby arc vested with all the powers, priv- 
lieges and imnuunlies winch are or may be necessary to 
carry into ellcct the purposes of this act as hereinafter set 
forth. 
Capital stock '^^*^' ^' The capital stock of said Company shall conslst 
of one thousand shares of one hundred dollars each share 
May be ill- with liberty to iucrcase the same from time to time, ill 
crease s\xc\\ manner and form as they shall think proper, if such 

increase shall be deemed necessary, by the company to 
fulfill the intent of this act, which said capital stock 
Deemed per- shall bcdccmcd personal property and transfcrrable iii 
tonal property ^y^^^ manner as the said corporation shall direct, provi- 
ded, iho, said capital stock shall not exceed two hundred 
thousand dollars, 

Sec. 3. The said corporation shall have the right and 
May construct pQ^yQ^- ^q construct, maintain, and continue a canal in the 

B canal r^ nr iiA»i- 

county ot iazcwclJ, Irom tlic iMackinaw river, commen 
cing onscction number twenty-four, in township number 
twenty-four north, of range number six west, of the third 
[principal] meridian, and thence a westerly course to the 
Jlliuois river, at or near Egman's ferry, on which canal 
said company shall permit all persons to pass with boats, 
passengers, and property, whenever the same is passable 
upon payment of such tolls as may be fixed upon by the 
i'rovisT directors. Provided, ihe tolls shall be uniform; and the 

said company are hereby authorised louse the watcrpow- 
er created or improved by the construction of the said ca- 
nal for the purposes of manufacturing grain and lumber, 
woollen and cottcn stuffs and goods and such materials of 
wood and metal as they may think proper, and may, for 
that purpose erect and use such mills, works, or machine 
shops or other buildings as,may be neccsssary to carry into 
effect the objects of their incorporation. 

Sec. 4. The said company shall be and are hereby au- 



li^CUllPOKATlUN LAWS. Il3 

hereby authorised to use the waters of the Mackiiiaw May um tv*- 
river, to supply the canal or otherwise, and to make such tev of river 
dams OP locks as may be necessary to procure a sufficient 
quantity of water or otherwise; i-*/-ot;ic/6't/, the said com- 
pany shall be responsible for all damages sustained by the 
overflowing of any lands by the owner thereof, and also 
all damages sustained by the making of dams or locks upon 
the land of any person or persons whatsoever, and in case 
the said canal shall cross any public road the same shall 
be so bridged as not to injure its use* 

Sec. 5. The said corporati on shall have power to pur- 
chase, receive and hold such real estate as may be ncces- CorporatioH 
sary and useful in the accomplishment of the objects ofj^^aw" 
its creation, it shall also be authorised to enter upon and 
use any and all lands over and upon which the said canal 
may pass, or so much of said land as may be necessary to 
the construction of the canal, and the convenient use and 
enjoyment of the same; also, to take and use timber, stone 
and such other materials as may be indispensable to the 
construction and maintenance of said canal; Providedf„ . 
that said company shall pay to the owner or owners of 
land, entered upon and used as aforesaid, the damages 
sustained by such owner or owners, and also the owner 
or owners of timber, stone and other materials, the value _^ 
thereof, before entering upon and taking the same, and ifassesse^d " 
the said company and owner or owners shall be unable to 
agree, such damage or value shall be ascertained under 
and according to the provisions of the act entitled "an act 
concerning the right of way, and for other purposes," ap- 
proved ^8th February, 1833, one of the directors, or their 
authorized agent acting as supei visor. 

Sec. C. The directors of said corporation shall be com- 
potent to. transact all the business pertaining to the same,j.egi,iate coh- 
and shall have full power to make and prescribe such by-ceinsofcom- 
laws, rules and regulations as to them shall appear need- P*"^ 
ful and proper, touching the management and disposition 
of the stock, property .estate and etlbcts of the said corpora- 
tion, the transfer of shares, the duties and conduct of their 
officers and servants, the election of their Presidents and 
directors; which shall not be more than five nor less than 
three, and the filling of vacanciesin the same, and all oth- 
er matters whatsoever, which may appertain to the con- 
cerns of the corporation, not inconsistent with the laws 
and constitution of this state and of the United States. 

Sec. 7. The directors shall have power to appoint a jvi^y appoint 
secretary and treasurer, engineer, agentor agents, clerks officers and 
and servants, and to require such security, and appoint'*"^"" 
such salaries or compensation as to them shall seem meet 
and proper, and shall appoint the time and place of elQC- 

15 



114 LNCUUi'OKATlO-N LAVV.S. 

wiieii •lection tions, which, ;i.rtcr the first, shall be annual. Within si* 

'"*''' monllis after one-fourth part of the capital slock of said 

company shall have !)ecn subscribed, they shall appointthe 

lune of the fii'.st election, which shall he at the town of 

Pekin, in the county of Tazewell, of which thirty days 

public notice sliall bo given in some paper of general cir- 

Eiidi ^'''I'o "^feuL-ition in said county. At all elections, each share of 

eoavoto stock shall entitle the owner thereof to one vote, eitherin 

person or by proxy, and the directors shall preside. 
Dhcctui'^ to •^^•c- ^' '^ ''C directors shall determine the time, place 
regiiiaio iiook^, and manner of opcnin;^ books, for subscription to thecup- 
tiuck!>, A:c. j|_^| slock ofsaid comi)any, or may take such mcithods to 
dispose of t!ic same as may to them seem most proper. 
They shall (hjlerniinc the amount to be paid in on sub- 
scripticjn, nol exceeding five dollars on each share; and 
in case an excess of sliares shall be subscribed, shall appor- 
tion the same as to them shall seem most for the 
interests of the company. They shall, from time to lime, 
iN'ot"(et() ho S^^^ notice in some paper or papers of general circulation 
I'lvd) in each state where any shares of said stock may have 

been subscribed, of the payments refjuired on each shares 
at least four weeks previous to the time appf.rnted for 
such payments; and when pa} rncnt is delayed fur thirt}'' 
days thcrcari(!r, may forfeit such share or shares to the 
company, or may cause the same to be sold at auction for 
the use of the corpo'ration. Asa Lee Davidson, Ira Daven- 
])ort, and John A. Jones, shall be and heieby are appointed 
directors from the time this act takes cfiect, rsnd till oth- 
ers are elected in their stead. 

Sf.c. 9. If the said corporation shall not, within five 

years from the passnire of this act,construct the said canal 

fl^^iiit of caiini. ''''■ nny part thereot, as shall be deemed expedient by 

said corj)oralion, then the said corporation shall, from 

thcnccfoi th >'in(l forever cease, and tiiis act be null and 

void. 

ronip-.iiy niny *''''''-^' ^^- For t'lc purpo-^es of Carry iug into elVect the 

DPRotintea objects granted by this act,lliesaid company is authorised 

'"**"• to negotiate a loan or loans ol' money, to the amount of 

its capital stoclv, and to |)ledge all its |)ro])erty real and 

personal, and all its rights, credits and franchises, for the 

payment thereof. 

Si;r. II. 'J'he company shall at all limes keep proper 
To keppbookP l)ooks of account, in which shall be registered all the 
transactions of the corporation, and the same shall, at all 
times, be subject to the inspection of the stockholders. 
And it shall be the duty of the directors to make annual- 
ly, or at such times as they may direct, dividends of so 
much of the profits of sai<l comj)aiiy as to them shall seem 
r.dvisi'-lo. 



I 



INCOllPORATlOiN LAW!<I. II5 

Sec. 12. The total amount of debts wliich at any time Debts of com- 
the said corporation shall owe,sha]l not exceed the amount P=»"y"ot/oex- 
of their capital stock, and in case of such excess, the di- P' 

rectors under whose administration the same shall hap- 
pen, shall be holdcn for the same in their natural and pri- 
vate capacities, but this shall not be (construed to exempt 
the corporate property of the company from liability for 
such excess. 

Sec. 13. The mode of sueing the corporalion shall be by Forraof pio 
summons, and a copy of the same delivered to the presi- *^ ^^^ ^° ^® ^®'"'' 
dent, secretary, or trcasurer,shall be sufficient service of °" "^"""P^"^ 
process to require the corporation to answer, and to 
authorise any court to proceed to judgment, and the 
stock of the said corrporation, together with all man- 
ufactured goods, or other articles, tools, implements, ma- 
chinery and apparatus of any description used and 
employed, or on hand, belonging to the said company 
shall be liable to be seized, executed and sold, af- 
ter judgment or decree to make good any contract, 
agreement, or stipulation made by the said company, or 
any agent or other authorised person or persons of said 
company. 

Sec. 14. If any person shall wilfully or negligently do Persons i njur- 
or cause to be done any act or acts whatsoever, where- '"g P''°P"'y« 
by any building, construction or work of the said cor agLsr"'''"^ 
poration, or any boat or other thing pertaining to the 
same sliallbe weakened, impaired or destroyed, every such 
person shall forfeit and pay to the said corporation, treble 
the amount of damages, sustained, to be recovered by ac- 
tion of debt in the name of the said corporation, ^in any 
court or before any justice of the peace, having jurisdic- 
tion thereof, with costs of suit; and such person or persons 
shall be liable to indictment and punishment by fine, or ^jj^jj^^y^j "'* 
imprisonment. 

Sec. 15. This act shall be deemed a public act, and Taken as a 
shall be favorably construed for the purposes therein ex- P"'^''*^ *'^' 
pressed,inall courts and places whatsoever, and shall take 
effect and be in force from and after its passage. 

Approved 27th February, 1837. 



AN ACT to iiicovpoiate the Essex Steam Mill Company. I„ force. 27th 

Feb., 1837. 
Sec. 1. Be it enacted by the people of the State of Illinois^ 
represented in the General ..^ssemi/?/, That Ebenezer Noys, Peasonsinccor- 
and his associates, successors and assigns, be, and they here- po'"*^'^ 



116 INCORPORATION LAW^. 

by are, constituted a body politic and corporate, by tbe 
Nameic style name and style of the "Essex Steam Mill Company," for 
the more convenient ownership and management of a 
steam mill, in the county of Shelby, and the transaction of 
the usual business of companies engaged in milling. And 
the said corporation, by the said name is declared, and 
Capable to sue hereby made capable in law, to sue and be sued, to plead 
f "^ '^ ^"^^ and be impleaded, to have a common seal, and the same to 
May make renew and alter at pleasure; to make rules and by-laws 
rules for the regulation and management of said corporation, 

consistent with the law of this state, and generally to do 
and execute whatever by law shall appertain to such bodies 
Proviso politic; Provided^ That nothing herein contained shall be 

considered as conferring on the said corporation any 
banking privileges; but they shall be confined to the op- 
erations directly connected with milling, and the construc- 
tion of the necessary building and machinery; and each 
Stockholders f^^d every stockholder shall be, in his individual capacit}^ 
individually li- liable for the debts and performance of all contracts en- 
^^^° tered into by said corporation, to the amount of the bal- 

ance unpaid on tbe stock of such stockholders. 
Power to hold Sec. 2. The said corporation shall have the right to hold, 
property posscss and enjoy, not exceeding ten acres of tillage land, 

and two thousand acres of timber land; and the whole of 
Capital stock the capital stock shall not exceed in value the sum of twcn- 
Shares ^Y thousand dollars, and shall be divided into shares of one 

hundred dollars each; which capital shall be employed in 
purchasing and holding the land aforesaid, and in con- 
structing and employing buildings, and such improvements 
and machinery as may be necessary or useful in milling. 
Members to Every member of said company shall have a certilicate, un- 
bare ceriificate (Jer the seal of the corporation, and made and attested in 
of their shares g^^j^ manner and form as the by-laws shall direct, certify- 
ing his property in the share or shares owned by him; and 
the stock of said company shall, in the nature of per- 
Ai»d assignable sonal property, be assignable and transferrable according to 
such rules as the board of directors shall establish, and no 
Certificate of stockholder, indebted to the company, shall be permitted 
dSed°VoTomI <;o make a transfer or receive a dividend, until such debt 
panynotas- is discharged, or security given for the same, to the satis- 
sigiiabie with- faction of the directors. 

out security g^^^ ^ p^^ ^^^ management of the affairs of the said cor- 

Directors to be poration, there shall be chosen from the stockholders, five 
ciiosen directors, who shall hold their offices for one year, or until 

Term of service superseded by others. Thirty days previous notice, by pub- 
tion, and to be hcation, once a week for one month, in the newspaper in or 
held aanuaiiy nearest to the town of Essex, in the county of Shelby, shall 
be given of the first election of directors; and there shall 
be annually thereafter a like election of directors, at the 



INCORPORATION LAWS. 117 

town of Essex; in all such elections for directors, every 

five shares shall be entitled to a vote, whether they be hcKi 

by an individual or individuals; which vote may be given Manner of vot- 

by the holders or by proxy duly authorized under seal, and »"S 

a majority of the shares shall be necessary to a choice of Quorum 

directors, or to the transaction of any business which may 

concern the company and come before the stockholders. 

Sec. 4. A majority of the directors shall form a quorum Quorum 
to transact business, and they shall meet v^^ithin thirty days ^^^'to^ch'^**' 
from the time they shall have been chosen at Essex, and president 
choose by ballot, one of their number for president, who 
shall serve for one year, or until superseded by a new elec- Elections to, be 
tion; and there shall be annually after the said election a and w^h'err"^' 
like election at Essex by the directors for the time being, 
of a president for said corporation. The said directors Corporation 
shall also have power to choose and appointsuch other of- '"'y ^PP°i"' 
ficers and agents, to conduct and prosecute the business of° 
said corporation, as they shall deem necessary and proper; 
and they shall also have power, for good cause to be en- Powera 
tered, together with the proof thereof, in their minutes, to 
remove the president of said company from office. The 
said directors shall cause to be kept duly recorded, in To keep a re- 
books to be provided and kept for the purpose, minutes P°^T''|*,'"' *''?* 
i . } , ^ ^ . r 4\ ' It shall contam 

of all tlieir proceedings, and regular accounts oi their 

transactions, asalso minutes of the proceedingsof the stock- 
holders at each of their meetings; which books may at 
any time be inspected by any of the stockholders. The 
said directors shall have power to supply any vacancy •'^^ayfiii va- 
which may occur in the office of president, or in their own '^^"'^'^^ 
body, and the president or director thus appointed shall 
hold his office until the next annual election of such offi- 
cers. 

Sec. 5. The directors may, from time to time, at any 
meeting, assess and require payment of such sum of mon- May requn-e 
ey, not exceeding fifty per centum upon each share of P^y'"^'"'^^ 
stock, as shall be judged necessary for the purposes of the* 
corporation, to be paid at Essex, to such person as the said 
directors may designate and authorize to leceive the same; 
and if after publication ofnotice once a week for two months '^° s''^° notice 
in the newspaper at or nearest to Essex, of the time of 
paym2nt,and of the person appointed to receive the same, 
of any proportion or instalment of said capital stock, any 
stockholder shall fail to pay his instalment at the time spe- 
fied in said notice, the amount paid by such delinquent 
stockholder previously, shall be forfeited to the company, 
and his stock may be sold to any person, for such price as 
may be agreed upon between the said company and the 
purchaser. 

Sec, C, The stock of said company shall pass in the Stock to pasgae 



118 INCOKPOliATlUN LA\\«. 

pei-Bonal estate samc manner as personal estate, to tlie representatives of 

each stockholder. 
How process "^EC. 7. Service of proccss on the president of said com- 
niay be served panj, shall bc decmed and taken as sufficient service on 
on corporation ^^^ corporation, in any suit which may be instituted against 
it;'and for any violations of any of the provisions of this act, 
thcsaid incorporation shall beiieldtoansvver, by scire facias, 
in f.ho Shelby county circuit court; and if, upon the trial 
thereof, it shall appear that siicli violations have been com- 
mitted, and it shall bc so found, the said court may and shall 
give judgement revoking this charter. Any such proceed- 
ings by scire facias, for such violations, shall be instituted 
and prosecuted in the name of the people of the state of 
Illinois, against the said corporation. 
Approved 27th Feb. Ib37. 



In force &7tli AN ACT nij)|)leiiieiual to an act to incorporate tlie Chicago aa J Viiiccnnon 
Feb., 10,7. Rail Jioail C'oni[)any, rpproxed Jan . 17. 1835. 

Sf.c. 1. Be it enacted by /he people of the State of Illinois^ 
represented in the General Assembly, That the third sec- 
tion of the act to which this is a supplement, be, and the 
same is hereby repealed; and if the corporation by that 
act created, shall not within three years from the first day 
of January next, commence the construction of the road 
provided for by said act, and expend at least the sum of 
twenty-five thousand dollars thereon; and shall not, within 
eight years from the last mentioned time, construct, finish 
and put in operation, the single or double rail road, then 
ihe said corporation shall thenceforth forever cease, and 
this act, and the act to which this is a supplement, be null 
and void. 

Approved 27th Feb. 1837. 



In force Feb ^^ ACT to incorporate the Cairollion and Hlufl'dale Rail Road or Turnpike 
27 ih, 1837. " Company 

Sec. 1. Be it enacted by the people of the State of Illinois^ 
Persona incor- represented in the General Assembly, That Lewis VV. Link, 
porated. Lindsey H. English, Ward Eldred, .Tourdan Calvin, Ro- 

bert B. Scott, Samuel Shryock, Henry Mcrriwcather, Ro- 
bert L. Hill, Hiram Reach, T. Fry, James Reno, William 



LNCJlU'URATIOxN LAUS 119 

1). Pregram, David Prcrson, nnd EliasEldrcd, and all such 
persons as shall become stockholders agreeably to the pro- 
visions of this act, shall be and they are hereby constitu- 
ted a body corporate by the name of ?lie Carrollton and Name, 
Bluffciale Kail or Turnpike road Company, and shall 
continue for the term of fifty years from and after the 
passage of this act. 

Sec 2. The corporation shall have the right and power rowers, 
to construct, and during its existence to maintain and con- 
tinue a single or double rail road or turnpike road, or a 
single or double track way, with such appendages and ap- 
purtenances as may be necessary for the convenient use 
of the same, from Carrollton in the county of Greene, and 
running thence to the town of Bluffdale in said county, 
and thence to the Illinois river, if said company shall wish so 
to extend said road it shall be lawful for them so to do; to 
transport, take, and carry persons and property on the 
same, by the power and i'orce of steam, animals, or any 
mechanical or other power or by combination of them, 
as said company shall choose to employ; or if said compa- 
ny shall construct a turnpike road as empowered in this 
act, they shall have power to construct and erect such toll May erect tol* 
gates, and receive such tolls as may be fixed by said com- S"^'®''- 
pany, provided, Said company shall not collect tolls 
on said road, unless said road or that part fcr w^hich they 
exact toll, shall have been completed, and by Ihe name 
aforesaid, they are invested with the right and privilege of 
erecting, building and making a single ordouble rail road or f>"''^'"&* 
way,orsingle ordouble track woy, oraturnpike road for the 
purposes aforesaid, and the right of using the same, in the 
manner hereinafter provided for, and during the term of 
fifty years. 

Sec. 3. If the said corporation hereby created, shall not ^^^^" '° ^* 

. , , . ^ ^ J / r .', • commenced &c 

Within lOur years irom the passage oi this act, comnr>cncc 

the construction of soid road or w^ay, and spend at least 

ten thousand dollars thereon, and shall not within eight /^'>'' ^^''e" fi"- 

y ears from the passage of this act, construct, finish, and"''^'^' 

put in operation the said single or double rail road or way, 

or track way, or turnpike road, then the said corporation 

shall forever cease, and this act shall be null and void. 

Sec 4. The ca])ital stock of said corporation hereby 
created, shall be one hundred and fifty thousand dollars, ^'^l'"*' ^'°'^'^- 
with liberty foresaid company if they shall deem it neces- 
sary, to increase the same to two hundred tliousand dol- 
lars, which shall be divided into shares of fifty dollars each, 
which shall be transferable in such manner as sa.id cor- ^''^''^^* 
))oration may direct, and the same shall be deemed person- 
al property. 

Sec. 5. That Lewis W. Link, Lindscy U. English, 



120 INCORPORATION LAWS'. 

pomniissinneis Ward Eldred, Jourdan Calvin, Robert B. Scott, Samuel 
lo open books. Shryock, Henry Merriweather, Robert I.. Hill, Hiram 
Keach, Jacob Fry, James Reno, William I). Pcgram, Da- 
vid Pierson, Elias Eldred, shall be commissioners the du- 
ty of whom,or anyjfive ofwhom it shall be, within one year 
from the passage of this act, at the town of CarroUton, to 
open books and receive subscriptions to the capital stock 
Fdr siiiiscrip- of said corporation, and twenty days public notice of the 
lion and notice time and place of opening such books shall be picviously 
given in some newspaper printed in CarroUton, Jackson- 
tille or Alton, and the said commissioners shall at the time 
of subscription by any person or persons, for the capital 
stock of said corporati,on, require the payment to them by 
the person or persons subscribing, of five dollars towards 
and upon, every share of fifty dollars so subscribed, and un- 
less the same shall be j^aid, the subscription shall be inval- 
lid, and in case a greater amount of capital stock shall be 
subscribed for than one hundred and fifty thousand dol- 
lars, the said commissioners may cither retain the subscrip- 
PtovjBo. tions as an enlargement of the capital stock: provided, 

Said subscription does not exceed two hundred thousand 
dollars, or shall distribute the stock in such manner as a ma- 
jority shall deem most advantageous to the interest of said 
corporation; but in case the capital stock shall not be sub- 
scribed for, then the said commissioners shall be authorised 
to re-open said book for the subscription of stock, at 
such times and places and in such manner, and after such 
notice, as they or a majority of them shall direct. 
When Slock Sec. 6. Whenever said capital stock shall have been 
subscribed subscribed and distribution made thereof as aforesaid, or 
hew'anVnotice ^^ ^°^" ^^ twcnty-five thousand dollars of said stock shall 
thereof. be taken, it shall be the duty of said commissioners to give 

twenty days public notice in some newspaper printed in 
CarroUton, Jacksonville or Alton, for a meeting of the 
stockholders of said company to meet in CarroUton, to 
Wiiere held, choosc ninc directors, and such election shall then and 
election of di- there be made by such of the stockholders, as shall atterui 
how°he]d"'' either in person or by lawful proxy, each share of the 
capital stock owned ten days previous to the day on which 
any election lor directors shall take place, shall entitle the 
owner and holder to one vote, cither personally or by 
proxy, said commissioners shall be inspectors of the first 
election of directors of said company, and shall certify 
under their hands, the names of those duly elected, and 
deliver over the subscription, money, books, and papers to 
said directors, and the time of holding the first meeting of 
the directors shall be fixed by the said commissioners. 

Sfx'. 7. The said directors shall cause such examina- 
tions and surveys for the said rail road, track way, or 



INCORPORATION LAWS, 121 

turnpike road to be made as may be necessary to the se Examiuationt 
lection by them of the most advantageous line, course, or Jlj'^^J'J"*'^ ^ 
tray for the said road on tlie route set fourth in the second 
section of this act, and shall, after such examinations and 
surveys shall be made, selccl, and by certificates un- 
der their hands and seals, designate the line, course, of 
way which they or a majority of them shall deem most JJ' and filed 
suitable and advantageous forjsaid road. One report, survey and wher«. 
courses, and distances, with a certificate of the directors 
annexed thereto, shall be filed in the office of the recor- 
der of Green county, and by him recorded and preserved, 
which line, course, or way so selected, certified, filed, and 
recorded, shall be deemed the line, course, or way on 
which the corporation shall copstruct, erect, build, or 
make the rail road, track way, or turnpike road as above 
described. 

Sec. 8. The first directors to be chosen, shall hold their Tenn bf scr- 
office until the first Monday in June in the yeai{next succeed- ^"^^' 
ing their election, and until others shall be chosen; and 
every election of directors thereafter, shall be held annu- 
ally at CarroUton, on the first Monday of June in each ^J^";'^^''JJ'Jj'j^ 
and eveiy yecr, notice of the same being first given twen- where, 
ty-days previous thereto, in a public newspaper printed in 
CarroUton or Jacksonville, or by sticking up notices of 
the same, in several of the most notorious places in Green 
county. Every election shall be held under the inspection of Manner of voi 
three stockholders not being directors, who shall be previ-fmg. 
ously appointed by the board of directors. ' All elections 
shall be held by ballot, and a plurality of votes given shall 
constitute a choice. No stockholder shall be eligible to the 
office of director, unless he shall own stock to the amount 
of at least one hundred dollars. In case an equal number 
6f votes shall be given to any two or more for directors, 
the remainder of the directors shall by ballot determine 
who shall be entitled to a seat at the board. 

Sec 9. In case it should at any time happen that an When eiectioif 
election of directors shall not be made on any day when ""i^eid o"^''* 
pursuant to this act it ought to have been made, the said 
corporation shall not for that cause be dissolved, but such 
election may be held at any other time, directed by the by- 
laws of the corporation, within sixty days after the day it 
should have been held, and the directors shall continue 
to act until a new board is elected. 

Sec. 10. The corporation is hereby empowered to pur- 
chase, receive, and hold such real estate as may be neces- Power to hold 
sary and convenient for the accomplishing the object for 
which this act of incorporation is granted, and may by 
their agents, surveyors and engineers enter upon and take n^'^n^g""^" 
possessionof, and use aH such lands and real estate, and 

10 



122 INCORPORATION LAWS. 

materials as may be indispensable for tbe construction and 

maintenance of tbeir road, and the accommodations and 

appurtenances required and appertaining thereto, and may 

,- . also receive, hold, and take all such voluntary grants and 

May receive , ,. r i i i i . i "^-ir.i 

gi-aius. donations ot lands and real estate, and materials for the 

purposes of said road, as shall be made to the said corpora* 
tion by the general or state government, or by any corpor- 
ation, company, individual, or individuals, to aid in the 
construction, maintenance and accommodation of the said 
road, completely vesting in said company and corporation, 
absolutely in fee simple the same; but all lands and real 
estate thus entered upon for materials or otherwise, which 
are not donations or owned by the company, shall be pur- 
Lamia entered cliased by the said corporation of the owner or owners 
upon how price ^{^yj.gQf ^^ g, price to be agreed on mutually by the com- 
(\eterminecl. ji.u t c ^- .^ 

pany and the owner or owners. In case oi disagreement as to 

price and before taking any materials or making any part 
of said rocd on said land in controversy, it shall be law- 
ful for the commissioners, superintendent, or other author- 
ised person or persons of said company, to apply to some 
justice of the peace of the county of Green, who shall 
cause five freeholders to be sunitYioned, who after being 
sworn faithfully and impartially to examine the materials 
or ground to be pointed out to them by the commissioner, 
superintendent, or other authorised person or persons, and 
Damages how reasonable notice having been given to the owner of the 
assessed. property, Said freeholders shall assess the damages which 

they shall believe such owner or owners will sustain, o\ct 
and above the additional value which such land will de- 
rive from the construction of such road, and make a report 
signed by at least a majority of them, one of which they 
shall deliver to the commissioner, surpermtendent, or oth- 
er authorised person or persons requiring said view and 
assessment, and the other to the justice of the peace, and 
the amount of damagps and costs being paid to the owner 
or owners which shall have been assessed or deposited 
with the justice of the peace, the road may be constructed, 
A)->eais ai- locatcd, and materials taken. If either party shall be dis- 
lowed and pro. satisfied with the valuation when lands are in question, an 
ceediiigs tiiere- j^ppgal may be taken in twenty days to the circuit court 
'^"' of Green county by petition, stating the facts of the case, 

descrii)ing tbe land and piemises, and thenccessity of such 
land for making such road and the attempts and failure to 
purchase the same, with the name and residence of the 
owner of the same, and the reasons why the purchase can- 
not be made; and the circuit court aforesaid, acting and 
settingasacourtof chancery, shall direct such notice to the 
owner and parties as shall be deemed reasonable, of the 
Pi'oviso, time of hearing the parties; provirleil, That io case the ap 



INCORPORATION LWVS. 1'23 

pellee shall have had seven days previous notice of the 
taking of the appeal, no further notice shall be necessary, 
but said court shall proceed to hear and determine said 
case as speedily as possible, and upon proof of the service 
of notice of the appeal, and upon hearing the testimony 
of the parties, which may be taken orally or by deposi- 
tion, it shall make such order and decree as to it may seem 
proper and equitable, and may seem proper and equitable, 
and may either increase or diminish the amount of dama- 
ges assessed, or reject said petition altogether; and shall 
also make such orders for the payment of such costs as 
may be just and p/'O, er* It shall also order a conveyance 
of the land in controversy to be made when the decree 
shall be complied with on the part of the corporation. 
Whenever said order and decree shall be fully complied 
with on the part and behalf of said corporation, it shall 
be possessed of the land in controversy, and may enter 
upon and take possession of, and use the same for the pur- 
poses of said road. When a difficulty as to the value of ma- Cases wher* 
terials which may be needed to construct said work, or the justice may set 
amount of damages done to land by the agents of the ^^'^'^^ valuation 
company, there shall be no appeal to the circuit court, but ws thereafter 
in case the parties or either of them shall be dissatisfied, 
and it shall appear to the justice that it is right and ne- 
cessary to justice, he may set aside the first valuation, 
provided, The same shall be done in three days after 
said valuation, and appoint five other commissioners 
to appraise and value the materials as aforesaid, whose 
award in the premises shall be final, who shall' apportion, 
the costs as nay appear just on one or both of the par- 
ties. 

Sec. 1 1. In case any married woman, infant, idiot, or in- 
sane person, or non resident of the State, who shall not ^^'hon landg 
appear after such notice, shall be interested in any such f,*'?"^ ?° '"* 

.•^^j , ... .. r 1 lants, jn ane 

land or real estate, the circuit court or justice ol the peace persons, or 
shall appoint some competent and suitable person to ap- non-residents 
pear before said commissioners or said circuit court, and proceed^^ '° 
act for and in behalf of such woman, infant, insane per- 
son, idiot, or non-resident of the State. 

Sec. 12. The said corporation is hereby authorised and r- 

J . 1 , .1 • I • I.I ^corporation, 

empowered to regulate the time and manner m which may regulate 

goods, passengers, and property, shall be transported, ^n^ fnann^r of 

taken, and carried on said road, and shall have power to '^°"^^^'"^P*** 

erect and maintain toll gates and toll houses, and other »» * ,, 

buildings necessary for the accommodation of their con- gates &,c, 

cerns, and from time to time fix, regulate, demand, andre- 

ceive the tolls, and the charges by them to be received for_, 

transportation of persons or property on said road. ° *' 

Sec. 13. Five directors of said corporation shall form 



12-1 INCORPORATION J.AW«. 

Five directors a Loard, and they or a majority of them shall be compc- 
wayform board tent to transact all business of said corporation; and they 
make'ruies and s^'^^^ have full force and power to make and prescribe all 
by-laws. such rules, by-laws, and regulations as to them shall appear 

needful and proper, touching the management and dispo- 
sition of the stock, property, and estate of the said corpora- 
tion, the transfer of shares, and touching the duties and 
conduct of their officers and agents and election of direc- 
tors, and all other matters whatsoever, which may apper- 
.™1!*]""® tain to the concerns of said corporation. It shall also be 
shares. lawful for said directors to require payment of the sums 

to be subscribed to the capital stock, at such times and in 
such proportions, and on such conditions as they shall 
deem fit and right, under the penalty of the forfeiture of 
Penalty for all previous payments thereon, anjl shall give notice of the 
I en payment, payments tlius required, and of the place and time, M^hen 
and where the same are to 1)3 paid, at least twenty days previ-: 
ous to the payment of the same, in some public newspa- 
per published in Jacksonville, Alton, or Carrollton. 
Penalty for ob- Sec. 1 1. If any person or persons shall willfully do or 
!"^"*^'j"SO'_'"- cause to be done any act or acts whatsoever, whereby any 
^"■"'° building, construction, or work of tho said corporation, 

or any engine, machine, or structure, or any matters or 
things pertaining to the same, shall be stopped or obstruct- 
ed, impaired, weakened, injured, or destroyed, the person 
or persons so oticnding, shall forfeit and pay to the said 
corporation, treble the amount of damages sustained by 
means of such otfence or injury, to be recovered in the 
How recovered ^^^^^^ of gaid corporation "with costs of suit, by action 
of debt, and shall likewise be subject to be indicted for in- 
juries and oliliucs against the properly of said corpora- 
tion, as for injuries or oUbnces done to the properly of in- 
dividuals. 
Road may be Sec. 15. If said company shall wish to continue the 
continued from road from Bluffdalc to the Illinois river, it shall be lawful 
Bluffdaie «o I'* for them so to continue said road, but if they should not 
construcia ca- ^vish SO to continue said road, they are hereby authorised 
nal. and vested with full pov/er to construct a canal from 

Bluffdaie to the Illinois river. 
May unite said ^Ec. IG. It shall be lawful for any rail roud company 
road with any that is now or may hereafter be incorporated, to open and 
other and how. u^itc vvith the rail road track-way, turnpike road, hereby 
created and incorporated at any point at which the direc- 
tors of the company herealtcr to be created and incorpor- 
ated may think advisable, on such terms as the directors 
of the two companies may respectively agree upon, and in 
case of a disagreement between the directors of said 
companies, then upon such terms as the court of 
Greene county, shall upon a full view and hearing of all 



INCORPORATION LAW8 125 

facts connected with the case, determine to be equitable 

and just between said companies. 

Sec. 17. The corporation hereby created under the p^^^^.^ ^^j. ^^^^^ 

name of the Carohton and Blufl'dale rail road or turnpike poration. 

road company, shall have the right to sue in any court in 

law or equity in this State having jurisdiction of the case, 

and prosecute the same to judgment and recovery, and 

defend when sued, plead and be impleaded, both at law and 

in chancery, and shall be entitled to all the privileges and 

rights which such a corporation by the common or statute 

laws governing the case, ought, and should of right have, 

and may have a common seal, which they may filter and j|^ ji^^^^ ^^ 

change at their pleasure. The whole of the stock of the common seal. 

corporation shall be deemed personal property, and to- Stock deemed 

gether with all tools, implements, machmery, and appara-P^''^"*' P"** 

tus of every description used and employed, or on hand^^' ^* 

and belonging to said company, shall be liable to be seized, 

executed, and sold after judgment or decree, to make good 

any contract, agreement, or stipulation made by any agent 

surperintendent, or other authorised person or persons of ^ . . 

•J J -J. 1 11 1 a- .L • {• Service of pros 

said company, and it shall be a sumcient service of pro- cess. 

cess or notice in all cases to leave a copy of the same [with] 

the president of the board of directors or the secretary of 

the company, or in case of his absence from the county of 

Greene, to leave a copy of the same at the office thereof. 

Sec. 18. This act to be a public act, and shall be favora- ^ct how to b« 
bly and liberally construed in every particular. consuued. 

Skc. 19. The legislature hereby reserves the right to 
alter, amend, or repeal this charter, whenever the pub- 
lic good shall require it. 

Approved 27th Feb., 1837. 



AN ACT tG incorporate the Lkile Rock Academy. 1„ force 27th 

Feb. 1837 
Sec 1 . Be it enacted by the people of the State of Illi- 
nois, represented in the General Assembly^ That Elish H. P^'"'*'"" mca^ 
Hazard, Chancery G. Woodruff, Adam R. Hamilton, 
Joshua T. Atkinson, A. S. Bergen, William D. Dudley, 
James Matthers and S. M. Kilgore, and their successors, 
be, and they are hereby created a body politic and cor- 
porate, to be styled and known by the name of the Style & name, 
"Trustees of the Little Rock Academy," and by that style ^j'°^f*^^.Pj;"^ 
and name to remain and have perpetual succession. Thesion 
said Academy shall be and remain at or near Little Rock, Where Arade- 
iQ the county of Whiteside and State of Illinois. Tfee "^ '° "'^'*^ 



126 LNCORPORATION LAWS. 

No. of trustees numbcrof trustees shall not exceed twelve, one of whom 
t^efeof "how ^^^'^ ^^ president of the Board, to be chosen by the trus- 
chosen' tecs; lor the present the above named individuals shall con- 

Vacaiicies,howstitute the hoard of trustees, who shall fill the remaining 
filled vacancies at their discretion. 

Sec. 2. The object of said corporation shall be the pro- 
motion of the general interests of education. 
Powers Sec. 3. The corporate powers hereby bestowed shall be 

such only as are essential or useful in theattainment of said 
object, and such as are usually conferred on similar bodies 
To have sue- corporate, to wit: to have perpetual succession; to make 
May°sue &.c. contracts; to sue and be sued, plead and be impleaded; to 
grant and receive by its corporate name, and to do all oth- 
May hold pro- er acts as natural persons may; to accept, acquire, pur- 
p«"'y chase or sell property, real or personal, or mixed, in all 

lawful ways; to use, employ, manage and dispose of all 
such property, and all money belonging to said corpora- 
tion, in such manner as shall seem to the trustees best a- 
dapted to promote the objects before mentioned; to have 
May have a a common seal, and to alter or change the same; to make 
pommoHseai such by-laws for its regulation, as are not inconsistent 
laws. with the constitution and laws of the United States or of 

ponfer degrees this State; and to confer on such persons as may be con- 
sidered worthy, such academical or honorary degrees as 
are usually conferred by similar institutions. 

Sec. 4. The trustees of said corporation shall have au- 
Regulatestu- thonty from time to time to prescribe and regulate the 
i'." I. studies to be pursued in said Academy; to fix the rate of 

ition tuition, and other academical expenses; to appoint in- 

Appointin- structors and such other otficers and agents as may be ne- 
structors, &c. ccssary in managing the concerns of the institution; to de- 
fine their duties; to fix their compensation, and to displace 
Andmayre- or removc them; to erect necessary buildings; to purchase 
move ihem books, chemical and philosophical apparatus, and other suit- 
And may make able means of instruction; to make rules for the general 
rules management of the affairs of the institution, and for the 

regulation of the conduct of the students. 

Sec. 5. The trustees, for the time being, in order to 
Power to fill have perpetual succession, shall have power to fill any va- 
vacancies cancy which may occur in the board from deaths, removal, 
A majority a resignation, or any other cause. A majority ofthetrus- 
quorum ^^gg^ j^^j. ^.j^^ jj^^g being, shall be a quorum to do business. 

T u to be ^"^^^ ^ ^^ ^^^'' ^^ ^^^ ^"*y °^ ^^^^ trustees to appoint 
appointed, who one of their number treasurer to the board, who shall be 
shall give bond required to give bond with sufficient security, in such pe- 
andMcurity nalsum as the board may prescribe, conditioned for the 
condition" performance of such duties as the by-laws may require of 

him. 
Intitution to be Sec. 7. The Said institution shall be open to all denom- 
<y)en to all d?- 



INCORPORATION LA.WS. 127 

inations of christians, and the profession of any particular nominations of 
reHgious faith shall not be required of thoflc who become May^'gu'pend 
students; all persons, however, may be suspended or ex- or "expel 
pelled from said instituton by the trustees thereof, whose 
nabits are idle or vicious, or whose moral characteris badi 

Skc. 8. The lands, tenements and hereditaments, to be What timduiit 
held in perpetuity by virtue of this act, by said coiporation,"^ [j'JiJ ^^^ 
shall not exceed six hundred and forty acres; Proncicc/, proviso 
however. That if any donations, grants, [or] devises in land, 
Shall, from time to time be made to said corporation, over 
and above the six hundred and forty acres, which may be 
held in perpetuity as aforesaid, the same may be received 
and held by said corporation, for the period of five years 
from the date of any such donation, grant, or devise; at the 
end of which time, if the said land shall not have beeti 
sold by the said corporation, then, and in that case, the 
said lands, so donated, granted or devised, shall revert to If laiiJs not 
the donor, grantor, or heirs a( the devisor of the same. s°i^'°"v«" 

Approved 27th February, 1837. 



AN ACT to incorporate the Bcaidstown Improvement Company. [ii force Fe^^ 

27th, 1637 

Sec. 1. Be it enacted by the people of the State of Illinoh^ 
fepresentcd in the General Assembly^ That O. M. Long, B. Company in- 
W. Schneider, Henry Kimball, E. Tull and T. Hoirman,^"'!""'^'''^ 
and their associates and successors, be, and they are here- 
by constituted a body politic and corporate, under tlie 
name of the"Beardslown Improvement Company," and Name 
by that name shall have power to contract and be contracted 
with, and may sue and be sued, plead and be impleaded, •'^^ay sue &, b# 
answer and be answered unto, in all courts having com-*"* 
petent jurisdiction; and shall be vested with all powers Other powers 
and privileges necessary to the object of their incorpora- 
tion, as hereinafter defined. 

Sec. 2. The capital stock of said company shall be five ^*P''^^ ^}°'^^ 
thousand dollars with power to increase the same to any d-eYsecT '"' 
gum not exceeding ten thousand dollars, at the pleasure of 
said Company; which stock shall be divided into shares of Shares 
twenty-five dollars each, and which shall be transferrable 
in such manner as said corporation may direct, and the Deemed per- 
same be deemed personal property. son a i property 

Sec. 3. The said corr)oration shall have the right to ^"°'P°''f]'°" _. 
iij i-i. I- i .• may liold lami 

hold, possess, and enjoy, not exccedmg at any one time a„d sell 

two thousand acres of land, which may be obtained by 

purchase, voluntary grants and donations^ and also th* 



19B INCORPORATION LAWS. 

Powert of cor- right to sell or lease, any or all such lands obtained; tcr 
|>oratloa convey and execute deeds for the same; and for the pur- 
pose of improving aoy lands of said corporation by damSf 
drains or ditches, they shall have a right to enter upon 
any lands, and carry said dams, drains or ditches across; 
Shall pay dam- ^roriofecZ, that they shall pay all damages that may be sus- 
■*"' tained to the owner or owners of such lands entered upon j 

ProTiio Provided^ however, That said company shall not purchase 

or own any land more than six miles from Beardstown; 
nor shall said company purchase any tract of land unless 
some part of the same is subject to overflow, or is what 
is called swamp land. 
Concerns man- Sec. 4. The concerns of said corporation shall be man- 
aged Dy direct- aged and controlled by five directors, who shall be chosen 
**" annually by the stockholders or their proxies, by ballot; 

Votei each share of stock shall entitle to one vote, and the five 

persons receiving the highest number of votes shall re- 
ceive from the inspectors of the election a certificate de. 
daring them duly elected. The directors so chosen shall 
Pretident proceed to elect, from among their own number, a presi- 
dent, and appoint a secretary and treasurer. The direct- 
Quorum ors, or a majority, shall form a quoium to do busi- 
By-law8 ness, and have power to make by-laws and regulations,^ 
employ such agents and persons as may be necessary for 
improving the lands owned by the company, and for all 
other improvements that may be deemed useful and advan- 
Proviso tageous by said directors; Provided, Their by-laws and re- 
gulations shall not be repugnant to the constitution and 
laws of this state. 
Bcioks of sub- Sec. 5. That O. M. Long, B. W. Schneider, Henry Kim- 
fccription how, \)q\\, Edwurd TuU and T. Holfman, shall be commissioners, 
Jborti'ollened *^^ ^^^V ^^ whom, or a majority of them, shall be to opett 
books of subscription to tho- capital stock of said compa- 
ny, within one month after the passage of this act, giving 
ten days public notice in the town of Beardstown; and 
whenever the whole of the stock, or one thousand dollars 
thereof, shall have been subscribed, the commissioners 
shall give a like notice to the stockholders for the purpose 
of choosing five directors, designating the time and place 
of such election; the commissioners shall act as inspectors 
at the first election; no person shall be eligible as a direct- 
or unless he is s stockholder previous to the election; no 
|5 to be paid subscription of stock shall be received unless five dollars 
at time of sub- j^^pj^-^j ^^ ^^^ ^j,j^(, of gyl3S^.j.ipl_ioj^, '£\^q subscription books, 

BwiTdeiiver- and the amount received by the commissioners, shall be 
id to board delivered within six days to the board, after the directors 

have been chosen. 
Buty of board Sec. 6. The board of directors shall keep proper books 

of accounts, in which all the transactions of the company 



INCORPORATION LAWS. 129 

shall be registered, and the same shall be open for the In- 
spection 0/ the stockholders. The directors shall have the Directors may 
power to demand, from time to time, the payment for f^emand pay- 
stock subscribed, and in case afailure of payment may dis- ^bscribed*"^ 
pose of suchstock, either by sale, or h^ve the same forfeit- Upon faiiureto 
ed to the company. It shall be the dut/ of the directors, as pay may be 
there shall have been funds received from sales made, rents 
or leases, to make annual dividends; and they shall, w^hen- Dividends. 
ever required by a majority of the stockholders, exhibit at Statement*, 
a general meeting, a full and true statement of the affairs ^°^ ""^^® 
relating to said company. 

Sec. 7. All deeds for real estate or othervv^ise, shall be Deeds for real 
made to the president and directors of the "Beardstown estate to be 
Improvement Company;" and all conveyances or con- ^g^t*^" ^j^'^^^^J 
tracts made by the corporation, shall be signed by the toi-8 
president and countersigned by the secretary, and shall t;ont»^>ct8, how 

\_ 'jji-j-i signed & coun- 

be considered valid in law. tersigned 

Sec. 8. The stock not disposed of at the first opening sto<.k not di»« 
of the books by the comissioners, may at any time after posed of may 
be subscribed for under the direction of the board of di- ''^^^^^^'^^"''''^ 
retors, in such manner as a majority of them shall direct, pubiic set 

Sec. 9. This act is hereby declared public, and shall 
take effect from and after its passage, and be and remain ir> 
force for the term often years. 
Approved 72lh Feb., 1837- 



AN ACT to construct the Grand Pass Canal. In force 28th 

Feb. 1837 

Sec 1. Beit enacted by the people of the State of Illinois . . 
represented in the General Assembly, That all persons who body^ politic & 
shall be stockholders pursuant to this act, are hereby con- corporate, 
stituted a bodj corporate by the name of the "Grand 
Pass Canal Company." 

Sec. 2. The said corporation shall have the right to con- 
struct, and during its existence to keep in repair, a canal c^naito be 
from the Illinois river, near the town of Bridgeport in ^^* '" repaiir. 
Morgan county, to the Grand Pass in the county of 
Greene. 

Sec. 3. The capital stock of said corporation shall be 
thirty thousand dollars, and divided into shares of twenty A'?°""V''^^*P' 
ive dollars each, which shall be deemed personal pfOp-'* 
drty, and transferrable in such manner as the said corpbr- 
■♦i^n shall by iheir by-laws direct. 
'^tftx:. 4. That John Thompson, David Hodges,. Charles 

Gregory, Henrv.M. Blanchard,and Dennis [Hoagland] 

17 



130 INCORPORATION LAWS. 

Commissioiieri and Chester Swallow, are hereby appointed commissioners 
lc"*t?ens ^"'^* to receive subscriptions for the capital stock of said corpor- 
ation, and after having given twenty days public |notice 
in writing, in three public places in the county of Greene, 
and also in three public places in the county of Morgan, 
and upon the door of the court house of snid countif'S, 
shall meet at the hotel in the town of White Hall in 
Greene county, and open books for subscription to said 
stock, and shall keep them open for ten days successively, 
unless the whole stock shall be sooner taken, when they 
Stock appor- ^^Y close the same, and after the said stock shall be 
tioned. subscribed, the said commissioners shall apportion the same 

among the stockholders on equitable and just principles. 

Sec. 5. After said stock shall have been apportioned, 
the aforesaid commissioners shall call a general meeting 
Meeting of of the stockholders, to meet at such time and place as 
•tocithoiders. they may appoint, giving ten days previous notice of such 
raeetmg, for the election of five directors, who shall con- 
Term of office, tinue in ofRce for the term of one year and until others 
are elected to supply their places, who shall be stockhol- 
ders. Said stockholders shall be entitled to one vote for 
each share of stock they may have subscribed, and the 
said commissioners shall give the individuals chosen di- 
rectors, certificates of their election. 

Sec. 0. The said directors shall have power to appoint 

i^as. -. or elect one of tlielr number president of the board of di- 

Oractfisap- 1 111 

pointed. rcctors, also a secretary and treasurer, and such other 

ofticersas they may deem necessary. 

Sec. 7. The said directors shall in the name and style 
of this corporation, be enabled to hold real estate suffi- 
May hold real cicnt for the purposes of this incorporation, and to effect 
eEtate. {{^q objects herein intended, either by donation or by pur- 

chase; and if individucls should refuse to sell or donate 
as much land as may be necessary for the use of said 
canal, and for the feeders, and for the necessary accommo- 
dation of the agents of said corporation, the said directors 
may apply to the county commissioners court of Greene 
Appraisers ap- county, for the appointment of three disinterested apprai- 
•ett cfaniages". sers who shall proceed to the place, after being sworn, 
and view the lands wanted by said corporation for its 
accommodation as aforesaid, and shall value and ap- 
praise the same, and return an inquest under their hands 
and seals, to the said county commissioners' court, which 
S'cQuT&c inquest shall be filed with the clerk of said court; and 
Damages to be whcn the satd directors shall pay to the owner or ownr< 
paid. of such land the appraised value of such land apprai^cu 

as aforesaid, and dcposite tlie same with the clerk of r^ 
commissioners' coujt, for the use of the owner of sucli 
land, then the said corporation shall be immediately invo-i- 



INCORPORATION LAW:?, J 31 

led witii tlie complete occupancy of said land, and shall 
hold the same exclu=ively against such owners and all 
other persons duiing the existence of this incorporation. 

Sec. 8. The corporation shall be authorized to use the 
water of Little Sandy creek; also the natural ^P^'i^gs 
along the bluff, and the water of the slough for the pur- power'*!"* 
pose of supplying said canal with water sufficient for that 
purpose, and shall have all the usual and incidental power 
belonging to corporation?, for the ])urpose of constructing, 
finishing, and using such canal, and of exacting reasona- Collect toiii 
ble tolls for the use of the sanie, by other persons; also, 
of passing all such by-laws, rules and ordinances, for the 
due regulation of the affairs of said company, but no bank- 
ing privileges whatsoever. 

Sec. 9. The said corporation shall continue to be a body In force 20 
corporate and politic for the term of t\Acnty five years, years. 

Sec. 10. Nothing in this act contained, shall be consid- 
ered as conferring any powers whatsoever on the said 
corporation, but the power to construct the canal afore- 
said, and all the means direct and incidental to accomplish 
that object, the repairs of the work and the use ot the Po^vers limited 
same, and the exercise of all the privileges and advanta- 
ges appertaing to the same. 

Approved 28th February, 1837. 



'arsons mcov- 



V AN ACT to incorporate the Jacksonville Mechanic's Union. p . ■o'o'j 

Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That A. W. New- 
comb, S. S. Brooks, B. R. Houghton, James G. Edwards, p 
R. T. McKnecly, A. W. Norris, Willinm Davis, John porated. 
Henry, C. Lcedham and James Johnson, and their asso- 
ciates and successors be, and they are hereby constituted 
a body politic and corporate, under the name of the Jack- 
souville Mechanics' Union, for the purpose of affording 
relief to the sick and disabled members thereof, and to 
the widows and orphans of deceased members, and for 
the promotion of literature, science and the mechanic 
arts, and for no other purpose whatever. 

Sec. 2. The said corporation by the name of the Jack- 
sonville mechanics' union, is declared and hereby made Name, 
capable in law to sue and be sued, plead and be impleaded ; 
to have a common seal, and the same to alter or renew at Powers, 
pleasure, to make and adopt a constitution and by-laws May make a 
for the government of the corporation, not inconsistent constitution. 



132 INCORPORATION LAWS. 

^ay alter or with the laws of this state or the constitution of the United 
Prow'* *'• States, and the same to alter or amend whenever it may be 
deemed necessary; provided, that the said corporation shall 
not hold more than five acres of land with the improve- 
ments thereon, for a longer term than one year, except 
such as may be donated to, and for the sole use and behoof 
of the corporation. 

Sec. 3. The officers of this corporation shall consist of 
a president, vice president, secretary, treasurer and aboard 

Offipersand of Seven directors, who shall continue in office for the 
taim of service . <• j .m ^l • 1^1 

term 01 one year, and until their successors are elected, 

together with such other officers as may be provided for 
by the constitution and by-laws gf the corporation; the 
duties, rights, privileges and liabilities of the aforesaid offi- 
cers to be defined by the constitution, and by laws of said 
corporation. 

Sec. 4. All fines and forfeitures for non-attendance, de- 
linquency imposed by the constitution and by-laws, pro- 
Fines for non- yided for in the second section of this act, not exceeding 
how recovered, twenty five dollars, shall be recoverable by action of debt, 
before any justice of the peace of the proper county, by 
the said company in their corporate capacity, which shall 
be for the use of the corporation. 

Sec 5. This corporation shall not be dissolved nor a 
dividend made of its funds, while there are seven resident 
members in favor of its continuance. 

Sec 6. The liCgislature hereby reserve the right to 
amend or repeal this act, whenever in thcr opinion the 
public good may require it. 

Sec 7. This act to be in force from and after its pas- 
sage. 

Approved February 28th, 1837. 



I force 28th \ AN ACT to iiicorj)()rato the town of Grafton. 

ebruary 1837 

Sec 1. Be it enacted by the people of the State of Illinois 
represented in the General Assembly, That the following is 
hereby declared to be the boundaries of the town of 

jundaries de- Grafton, in the county of Greene; that is to say, all of 

'•'' the town, including the additions which is at present laid 

ofl[" into town lots, and the plats of the same recorded in 
the recorder's office of said county; and the inhabitants of 
said town, and all within said boundaries, shall be and 
they are hereby constituted a body politic and corporate, 
by the name and style of "The President and Trustees of 



INCORPORATION LAWS. 133 

the town of Grafton;" and by that name they and their 
successors shall be known in l.iw, have perpetual succes- 
sion, sue and be sued, plead and be impleaded, defend 
and be defended, in all courts of law or equity, and in 
all matters of action whatsoever; may grant, purchase, 
and receive and hold property, real or personal, within 
the said town, and no other, (burial ground excepted;) and 
may lease, sell, and dispose of the same for the benefit of 
the town; and may lease any of the reserved lands which 
have been appropriated by the original proprietors to the 
use of said town; and may do all other acts as natural per- 
sons; may have and use a common seal and break and 
alter the same at pleasure. 

Sec. 2. The corporate powers and duties of said 
town shall be vested in seven trustees, (to be chosen and 
appointed as hereafter directed,) who shall elect one of 
their own number president, and shall form a board for 
the transaction of business. 

Sec. 3. The members, composing the board of trus- 
tees, shall be elected by the persons residing within said be°eIocteT°*'* 
town and incorporated limits, (qualified to vote for a 
representative to the legislature,) to serve for one year. 
They shall be at least twenty-one years of age, citizens 
of the United States, and inhabitants of said mcorporate 
limits. 

Sec. 4. The board of president and trustees shall ap- gj, .j . 
point all oflicers of their board, and shall be judges of point officer 
the qualifications, elections, and returns of their own and be judges 
members. A majority shall constitute a board to do all °^^'®*^"°" 
business; but a small number may adjourn from day to 
day; may compel the attendance of absent members in 
8uch manner and under such penalties as the board may 
provide. They may determine the rules of proceedings, 
punish their members for disorderly conduct, and by the 
concurrence of two-thirds of the whole number elected 
expel any member and make such other rules and by-laws 
'for their own government as to them may seem proper 
and expedient. 

Sec. 5. The board of trustees shall have power, by Their powert 
ordinance, to levy and collect taxes upon all real estate 
within the town and limits of the corporation, not exceed- 
ing one half of one per centum upon the assessed value 
thereof, except as hereafter excepted; to make regula- 
tions to secure the general health of the inhabitants; to 
prevent and remove nuisances; to establish night watches, 
erect lamps in the streets, and light the same; to provide 
for licensing public shows; to restrain and prohibit gam- 
ing houses, bawdy houses, and other disorderly houses; to 
j^stablish and repair bridges; to establish and regulatQ 



131 INCORPORATION LAWd. 

markets; to open and keep in repair streets, avenues, 
lanes, alleys, drains, and sewers, and keep the same 
clean; to provide for the prevention and extinguishment 
of fires; to dig wells and erect pumps in the streets for 
the convenience of the inhabitants; to regulate the po- 
lice of the town; to regulate the election of the town 
officers, and fix their compensation; and from time to 
time to pass such ordinances, as to carry into effect 
the objects of this act and the powers hereby granted as 
the good of the inhabitants may require, and to impose 
and appropriate fines and forfeitures for the search of 
any ordinance, and provide for the collection thereof; and 
that in all cases arising under this act, growing out of 
the by-laws and ordinances made in pursuance of this 
act of incorporation; any justice of the peace within 
the corporation shall have jurisdiction to hear and deter- 
mine the same, and an appeal may be taken, and writs of 
certiorari allowed from any such decision in the same 
manner as now is or hereafter may be provided by 
law for appcalling from judgments of justices of the 
peace. 
May lay aspo- Sec. 6. That upon the application of the owners of two- 
piaitax thirds of the front of the lots on any street or parts of astreet, 

it shall be lawful for the board of trustees to lay and col- 
lect a special tax on the owners of the lots on said street 
or parts of a street, according to their respective fronts, 
for the purpose of grading and paving the side walks on 
said street. 
Additional Sec. 7. Tlic board of president and trustees shall 

poweri have power to regulate, giade, pave, and improve the 

streets, avenues, lanes, and alleys within the limits of said 
town and corporation, and to extend, open, and widen 
the same, making the persons injured thereby adequate 
compensation, to ascertain which the board shall cause 
to be summoned twelve good and lawful men, ireehold- 
ers and inhabitants of said town not directly interested, 
who, (being first duly sworn for that purpose,) shall in- 
quire into and take into consideration as well the benefits 
as the injury which may accrue, and estimate and assess 
the damages which would l)c sustained by reason of the 
opening, extension, widening of any street, avenue, lane, or 
alley; and shall m.oreover estimate the amount which 
other persons will be bcncfilted thereby, and shall con- 
tribute towards compensating the person or persons in- 
jured, all of which shall be returned to the board of pre- 
sident and trustees under their hand and seals; and the 
person who shall be benifittcd and so assessed shall pay 
the same in such manner as shall be provided, and the rc" 
sidue, if any, shall be paid out of the town treasury. 



INUORIORATION LAWS. 135 

Sec. 8. All ordinances shall, within one month after Oidinancej to 
they are passed, be published in some newspaper publish- ^^P"'^^'®^*'^ 
ed in or near the place, or be posted up in four of the 
most public places in said town for two weeks at least 
before taking effect. 

Sec. 9. That, when any real estate in said town of lieal estate sold 
Grafton shall have been sold by the authority of the cor- "^^ ^^ ^^' 
poration thhereo/, the same shall be subject to redemption 
in the same manner as is provided by the authority of 
this State. 

Sec 10. That the president and trustees, and every Officers to be 
officer of said corporation shall, before entering upon the °^°'" 
duties of their offices, take an oath or affirmation be- 
fore some jud^e or justice of the peace, to support the 
constitution of this State and of the United States, and 
faithfully to demean themselves in office. 

Sec U. That a town constable or constables shall be Town consta- 
appointcd as other officers of the corporation, who shall bies to be ap- 
possess the same powers and perform the same duties P°'"!^'^ 
within said town as the constables in the different town- Theii-^powers 
ships possess in their respective townships, and shall be 
entitled to the same compensation. 

Sec V2. That the incorporation shall be divided into To be divided 
two wards, and more, if the president and trustees shall '"'° ^^^"'' 
hereafter deem it necessary. All of fractional section 
No. sixteen of said town shall compose the first ward, and 
all the balance of said town shall compose the seccnd 
ward, and if more hereafter shall be made, the president 
and trustees shall make the same matter of record, and 
publish the bounds thereof; and each ward shall elect at 
least two trustees, and five trustees shall constitute a board 
to do and transact business. 

Sec. 13. An election shall beheld on the 'first Mon- Au election ta? 
day in May next, and Paris Mason, John Armstrong, and ^® ^^^'^ 
John Rees, of said town, are hereby appointed judges ofjj",j^^^° ^^*^"' 
the first election. And if shall be the duty of said judges jheir duty 
to give at least ten days notice of the time and place of 
holding said election by posting up six advertisements in 
the most public places in sa;d town, and shall deliver cer- 
tificates of election to those duly elected. Said election 
shall be conducted in all respects as other elections are 
conducted in this State. 

Sec. 14. All the revenue collected in the first ward ^^^'*"'"'» ^'"'^ 
shall be expended in improving the avenues, lanes, '^"^"^^ 
streets, or alleys; or in erecting public buildings in said 
ward; and all the revenue collected in the second ward 
shall be expended in the like manner in the second ward, 
in such manner agreeable to this act the president antf 
trustees mny direct. 



136 INCORPORATION LAWS. 

Jurisdiction Sec. 15. The jurisdiction of said president and 

trustees, and all other officers within said incorporate 
limits, shall extend to the centre of the river in frontof said 
town of Grafton, in addition to the prescribed limits of 
said corporation. v 

When this act Sec. 16. This act to take effect and be in force front 

takes effect ^^^j ^f^er its passage. 

This act may ^^^' ^^* '^^^ legislature reserves the right to repeal, 
be repealed alter, or amend, this act whenever the public good may 
require the same. 

Approved 28th February, 1837. 



In force 2?th ■^^ ACT to Incorporate the Canton Collegft^f Illinois. 

Feb. 1837 

Sec. 1. Be it enacted by the people of the State of Illi- 
nois^ represented in the General Assembly^ That Joel Wright, 
Lathrop W.Curtis, Nathan Jones, Peter Westerfield, Jo- 
Created a bo- seph Cone, James P. Stewart, and N. G. Bcrryman, be 
dy corporate and they are hereby created a body corporate, to be 
styled and known by the name of the trustees of the 
"Canton College of Illinois," and by that name to remain 
and have perpetual succession, with fall power to acquire, 
I'heirpovverf hold, and transfer property, real and person, d, make con- 
tracts, sue and be sued, plead and be inipleadcd, and in 
their corporate capacity, to make, have, and use a com- 
mon seal, and the same to break, alter or destroy at plea^ 
sure. 
Kumberoftrus- Sec. 2. The number of said trustees shall not exceed 
**** twenty -five, seven of whom .shall reside in the county of 

Fulton. The president, or presiding officer of the col- 
lege, shall ex otlicio be a member of the board of trustees; 
no other instructor shall be a member. 
Trusters' pow- Sec. 3. The powers hereby given said trustees shall 
Sefined'^ ^"'^ not be uscd or construed to extend to the contracting for 
or acquiring of any property, real, or personal, or mixed, 
that shall not be necessary and proper tor the purposes of 
an institution of learning, and the whole property of said 
corporation shall be applied solely to that end. Said trus- 
tees shall faithfully apply funds by them owned, or here- 
after owned, according to their best judgment, in erecting 
buildings, in supporting the necessary offices and agents 
of the college, in procuring books, maps, charts, globes, 
chemical, philosophical, and other apparatus, required 
to promote sound learning. They shall prescribe 
and regulate the course of studies to be pursued in 
said institution} and in its preparatory department fix 



INCORPORATION LAWS. 137 

the rate of tuition and regulate all college expenses, 
appoint such otficers and agents as in their judgment 
may be requisite to conduct said college, define their du- 
ties and powers, and fix their compensations, remove any 
or all of them when the interest of the college may justly 
demand it, establish a system of manual labor, make rules 
for the regulation of the students, and by-laws for the 
general management of the college: Provided^ Nothing 
therein contained shall be in opposition to the constitution 
or laws of this Sta'e, or inconsistent with the constitution 
or laws of the United States. 

Sec. 4. As the ability of the said corporation shall Diffe,.ent de- 
increase, and they deem proper, they shall have author- paitments may 
ity to establish departments for the study of any or all be established 
of the liberal professions, and said trustees shall have 
power to institute and confer the degrees of doctor in beTonferred^ 
science and in the learned arts, and belle lettres; and to 
confer such academical and honorary degrees as are usu- 
ally conferred by similar institutions. 

Sec. 5. Said trustees shall have authority to institute Tiustees' au- 
a board of competent persons, always including the col-ihonty 
lege faculty, who shall have power to examine such indi- 
viduals as may apply, and if such applicants shall be 
considered honorary graduates, they shall be entitled to 
a diploma accordingly, on paying the sum required by 
the trustees. Said examining board shall not exceed 
seven in number: three shall be allowed to transact busi- 
ness, Provided^ Two are of the college faculty. 

Sec 6. Any donation, devise, or bequest made for H^^y j^onatiom 
specific purposes accordant with the objects of the col- to be disposed 
lege, if the trustees shall accept the same, shall be ap-°' 
plied in conformity with the express condition of the donor 
or devisor. The lands, tenements, and hereditaments, to ^vhat ianH« 
be held perpetually in virtue of this act by said corporation, may be held 
shall not exceed one thousand acres: Provided^ however^ 
If donations, grants, or devises in land shall from time to 
time be made to said corporation over and above one thou- 
sand acres, which may be held in perpetuity as aforesaid. 
The same may be received and held by said corporation 
for the term of seven years from the dateof every such do- 
nation, grant, or devise, at the end of which time, if the said 
lands, over and above the aforesaid one thousand acres, 
shall not have [been] sold by said corporation, then in that 
case said lands, so donated, granted, or devised, shall revert 
to the donor, grantor, or the heirs of the devisor of the 
same, as the case may be. 

Sec. 7, The treasurer of said college, and all other Tieasmei and 
agents to whom funds are committed, when required by °}^^'. *sents to 
the trustees, shall <'ive bonds for the securitv of the cor-^'^^ 

18 



ioS INCORPORATION LAWS, 

poration in such penal sum, and with such securities and 
at such time, as the board shall approve, and all process 
against said corporation shall be by summons, and ser- 
vice of the same shall be by leaving an attested copy with 
the treasurer of the college at least thirty days before 
the return day thereof. 
Not to be sec- Sec. 8. Said institution shall at all times be conducted 
tauan upon free, liberal, and enlightened principles, and no 

student shall be excluded or prohibited from entering in 
consequence of his or her parents' or guardians' religious 
opinions; but all students, whose habits are idle, or whose 
morals are ricious and bad, may be suspended, or expel- 
led at the discretion of the trustees. 

Sec. 9. The trustees shall have power to supply any 
Trustees to fill vacancies which may occur in their body, and remove 
vacancies, and m^y member from the same for dishonorable or criminal 
members froiii conduct: Provided, The member implicated shall have op- 
the board portunity to defend himself before the board, and two-thirds 
of the whole number of the trustees concur in the removal. 
Sec 10. Said college, for the present, shall be loca- 
ted at or near Canton, in the county of Fulton. The 
Location trustees shall hold at least one meeting for business an- 

nally. The by-laws shall regulate the time and manner 
of electing the ofucers, professors or agents of the board 
and faculty. The above and aforenamed trustees shall 
have power to call the first meeting of the trustees. Spe- 
cial meetings may at any time be held, by the order of the 
president or principal of the college and board of trus- 
tecii. Seven shall form a quorum to do business, or five 
in case the prciident or principal of the college, or pre- 
sident of the board be one. 

Sec. 11. This act shall be a public act, and shall be 
A public act (,Q„s(-rucd liberally in all courts for the purposes herein^ 
before expressed expressed 

Ari'JiovLD '38th February, \o31-, 



AN ACT to incorporate tiie Sliohokon and Ri:sh\ine F-hil Road Company. 
Li force 28tli 

^ '' "' ' Sec. 1. Be it enacted by the people of the Slate of Illinois, 
represented in the General Assembly, That Robert M'Queen, 
Persons incor- Michael Crano, Jonathan Nichols and John Curts, of Sho- 
porated kokon; Lewis II. Chaffin, William Smith, Jonathan VVas- 

som, George Coulson, Joseph W. Nudd, Henry Comp- 
stock, Abraham Harpe Jun., Joy Spcrry and Lewis C. 
MaynardofLailnrpc; Jeremiah Smith, of Burlington, Wis- 



INCORPORATION LAWS 139 

consin Territory; Hart Fellows, James R. Fayervvcatlicr 
and James McCrosky, of RushvHIe, and all such persons 
who may associate witli them for that purpose, be, and they 
are hereby constituted a body politic and corporate, by 
the name of the Shokokon and Rushville Rail Road Com- Name 
pany,for the purpose of constructing a rail road from Sho- Points of rail 
kokon, on the Mississippi river, opposite tlie town of Bur- '"^^ 
lington, Wisconsin Territory, by tlie way of the town of La 
Harpe, in Hancock county, and Rushville, in Schuyler 
county, to the Illinois river, at the most suitable point, so as 
to connect, as near as practicable, the Jacksonville and Me- 
redociarail road; to transport, take and carry property,and 
persons upon the same, by the power and force of steam, 
of animals, or of mechanical or other power, or any 
combination of them, which the said corporation may 
choose to employ; and by thatnamc they and their succes- 
sors shall be, anddicy are hereby vested with the right and Toweis & pri- 
privilege of constructing and using the said road, for the''''®s*"* 
purposes aforesaid, from and to the points comprised with- 
in the limits before mentioned; and may have succession, powers & lia 
and shall be persons in law capable of contracting and be- biiities 
ing contracted with, suinc: and being sued, plead and be- 
ing impleaded, in all courts of law and equity, and in all 
manner of aptions; and that they and their successors 
may have a common seal, and may alter and change the Common seal 
same at pleasure. 

Sec. 2. That if the corporation hereby created shalUf>aH road not 
not, within ten years from the passage of this act, construct io"^vea7s^''cor" 
and finish, and put in operation, the said road, or any part poiation shall 
thereof, as shall be expedient by said corporation, then ^^^^° 
the said corporation shall thenceforth and forever cease, 
and this act be null and void. 

Sec. 3. The capital f took of said company shall be two Capital stock 
hundred thousand dollars, with the liberty to increase the May be in- 
same from time to lime, by new subscriptions, in such '^'c^^'^'* 
manner and form as they shall think proper, if such in- 
crease shall be found necessary to fulfil the intent of this 
act; which said capital stock shall be divided into shares siiares deemed 
of fifty dollars each; which shall be deemed personal prop- peisonaipro- 
erty, and transferrable in such manner as said corporation ^^"^ 
shall by law direct. 

Sec. 4. That Lewis R. Chaffin, William Smith, Robert Commissioner! 
McQueen, Michael Crane, Jeremiah Smith, Lewis C. ^^]|,'^'?J"^*^^'^^'° 
Maynard, George Coulson, Jonathan Wassom, Joseph W. gdiptions of 
Nudd, Joy Sperry, Abraham Harper Jr., John Curts, Jon- capital stock 
athan Nichols, llcnry Comstock, Hart Fellows, James R. 
Fayerweather and James McCrosky, shall be commission- 
ers, the duty of whom, or a majority of them, shall be, at 
jomc suitable place, in the cities of Boston, New Yorki 



140 hNCOKPOIlATKJN LAWS 

Philadelphia, Baltimore, Louisville, Now Orleans and St. 
Louis, and in the towns of Alton, Rushville, La Harpe, 
and Shokokon in Illinois, to open books to receive subscrip- 
tion to the capital stock of said corporation, and to do 
Buch other things as in their opinion are necessary and 
best calculated to get said stock taken up; sixty days pub- 
lic notice shall be given by said commissioners, of the 
time and placcof the opening of said books, in one of the 
public newspapers in Alton and Rushville. The commis- 
sioners shall receive no subscription unless at least one 
dollar on each share subscribed be paid at the time of sub- 
scription; and as soon as the same be subscribed, to give a 
like notice for a meeting of the stockholders to choose five 
directors; and such election shall be made, at the time and 
place appointed, by such of the stockholders as shall attend 
for that purpose, either in person or by. lawful proxy, each 
share of the capital stock entitling each stockholder to one 
vote; and the said commissioners shall be inspectors of the 
first election ol directors of the said corporation, and shall 
certify under their hands the names of those duly elected, 
and deliver over the subscription books to the said direct- 
ors; and the time and place of holding the first meeting of 
the directors shall be lixcd on by said commissioners; and 
the directors to be chosen at such meeting or at such an- 
nual elections, shall, as soon as may be after every election, 
President and choose out of thcir ovvn number one president and one 
vice piesident other person to be vice president; and in case of the death, 
resignation or removal of the president or vice president, 
or of any director, such vacancy or vacancies may be fill- 
ed for the remainder of the year, whenever they may hap- 
pen, by the board of directors; and in case of the absence 
of the president or vice president the board of directors 
shall have power to appoint a president pro tempore^ who 
shall have and exercise such powers and functions as the 
by-laws ot the said corporation may provide. 
How payment Sec. 5. It shall be lawful for the directors to require 
of sums sub- payment of the sums subscribed to the capital stock, at 
Kri e en oic- ^^^j^ ^j^^^ ^^^ -^^ ^\xc\\ proportions, and on such conditions, 
as they shall deem tit, under the penalty of the forfeiture 
of all previous payments thereon; and shall give notice of 
the payments thus required, and of the place and times, 
where and when the same are to be paid, at least ninety 
days previous to the payment of the same, in some public 
newspaper in this state, and in the several cities where 
the books of the company may have been opened for sub- 
scriptions to the capital stock. 
A failure toe- Sec. 6. Thatin case it should at any time happen that 
lect directors, ^^ election of directors shall not be made, on any day, 
cure ^^ which, in pursuance of this act, it ought to be made, the 



liNCOllPOUATlON 1<AWS. 141 

said corporation shall not, for tliat cause, be deemed to be 
dissolved, but such elections may be held at any other time 
directed by the by-laws of said corporation. 

Sf.c. 7. That live of the directors of" said corporation What number 
shall form a board, and they, or a majority of them, shall ^"^f^;;^^^;=^'^^^^^^^^^ 
be competent to transact all the business of the said corpor-a board 
tion, and they shall have full power to make and prescribe Powers of 
such by-laws, rules and regulations, as to them shall ap- 
pear needful and proper, touchin;^ the management and 
disposition of the stock, pioperty, estate and effects, of said 
corporation; the transfer of shares, and touching the duties 
and conduct of their officers and servants, and the elec- 
tion of directors, and all other matters whatsoever, which 
may appertain to the concerns of said corporation; and also 
shall have power to appoint a secretary, and so many To appoint ss- 
clerks and servants as to them shall seem meet; and to "^''^'^'y' *^'^' 
establish such salaries and allowances to them, and also Salaries 
to president ?.nd vice president, as to said board shall 
appear proper. 

Sec. 8. That the said corporation be, and they are here- 
by authorized by their agents, surveyors and engineers, 
to cause such examinations and surveys to be made, of the Examinations 
ground lying in the aforesaid limits, prescribed in the first*" suivejs 
section of the act, as shall be necessary to determine the 
most advantageous route for the proper line or course 
whereon to construct said road; and it shall be lawful 
for the said corporation to enter upon, and take possession Lands may b^ 
of and use, all such lands and real estate, as may be neces- '*'^*" 
sary for the construction and maintenance of said road, 
and the accommodations requisite and appertaining to 
them; and may also hold and take all such voluntary 
grants and donations of land and real estate, [as] shall be 
made to said corporation [for the] maintenance and accom- 
modation of their said road; Provided, That all lands or Proviso, 
real estate, thus entered and taken possession of and 
used, by said corporation, which are not donations, shall 
be purchased by said corporation, of the owner or owners 
ofthesame, at a price mutually to be agreed upon be- 
tween them; and incase of disagreement as to price, it 
shallbe the duty of the Governor of this state, upon notice Duty of Cover, 
given to him, by said corporation, to appoint three com-"°^ 
missioners, who shall be persons not interested in the mat- 
ter, to be determined by them, to determine the damages Damages, how 
which the owner or owners of the said land or real estate, ^Jj^J^^™"®^^^.^^ 
so entered upon by said corporation, have sustained by sioners to as- 
the occupation of the same; and upon payment of such sess damages 
damages, together with the costs and charges attending ®''*" P'°"^*^ 
the appraisement by the said corporation, the said com- 
missioners being allowed two dollars per day whilst thus 



Ua INCORPORATION LAWS. 

employed, or upon the corporation depositing in the trea- 
sury of the sta<^e the amount of such damages, together witn 
the costs and charges aforesaid, to the credit of the person 
or persons the commissioners may have awarded the same, 
the proper officer of such treasury giving notice to such per- 
son or persons by letter of such deposite being made by the 
said corporation, then thesaid corporation shall be deemed 
to be seized and possessed of the fee simple of all such lands 
or realestate as shall have been appraised by the said com- 
missioners; and it shall be the duty of said commissioners, or 
a majority of them, to deliver to said corporation a writ- 
ten statement of the award or awards they shall make, 
with a description of the lands or real estate appraised, to 
be recorded by thesaid corporation in the clerk's office of 
the connty commissioners' court in which the land or real 
estate may be; that in case any owner or owners of 
Feme roveit, land Or real estatc SO appraised, shall ho feme, covert, under 
inAiiits&, idiots age, non compos mentis, or out of this state, then, in such 
case, the said corporation shall pay the said last mentioned 
owner or owners, respectively, whenever the same shall 
be lawfully determined, together with interest at the rate 
of six per cent per annum. 
Corporation »^Kr. 9. That thc Said corporation he, and they arc here- 

aiithorized to by autliorizcd to construct and use a road, of suitable width 
consu-uct road ^j^^ dimensions, to be determined by said corporation, 
within the limits prescribed by tiie first section of this act, 
Regulations and shall have power to regulate the time and manner in 
wiiich goods and passengers shall be taken, transported 
and carried on the same, as well as thc manner in which 
Collect tolls they shall collect all dues on account of transportations; and 
shall have power to erect houses and other buildings 
for the accommodation of their concerns, as they may 
deem suitable to their interests, and to collect tolls as soon 
as any part thereof is tinishcd. 
When rail road >Sec. 10. That whenever it shall bc necessary for their 
shall crops or ,,^jj j-qj^j j-q cross or intcrscct any water course, or other 
roads how highv/ays, lying between the points aforesaid, it shall be 
company shall lawful for the Said corporation to construct their railroad 
proceed across or upon the same; Provided, The corporation shall 

restore the highway thus intersected to its former stale, or 
in a sutFicicnt manner not to impair its usefulness. 
Subsequent Sec. 11. It shail be lawful for any rail road company 

companies may which may hcrcaftcr bc incorporated, to join with the rail 
'" " road company hereby created, at any point they may 

think advisable, on such terms as thc companies respec- 
Disagreemeut, tivcly may agree upon; in case that a disagreement bc- 
how cured tween thedirectors, then, upon such terms as the circuit 
court of the county in which such difficulty may take place, 
shall, upon a full view of the premises and facts connected 



INCORPORATION LAWS. 143 

T1 ith tiie case, determine to be equitable and just between 
the said companies. 

Sec. 12. That if any person or persons shall wilfully Persons injur- 
do, or cause to be done, any act or acts, whereby any ".'^ ""'""j ''•^^ 
building, construction or work, of said corporation, or any 
engine, machine or construction, or any matter or thing 
appertaining to the same, shall be stopped, obstructed, in- 
jured or destroyed, the person or persons so offending, shall 
forfeit and pay the said corporation double the amount of 
damages sustained by means of such offence, to be recov- 
ered in the name of said corporation, with costs of suit, 
by action of debt, to be brought in any court of record in 
this state, or before any justice of the peace in the counties 
where such injury may have accrued; and the person 
or persons so offending shall be deemed guilty of a misde- 
meanor and liable fo ffne and imprisonment. 

Sec 13. That the said corpoiation shall have the liberty of 
taking and receiving in payment of the stock subscribed to ^^°^^ fubsrcib- 
saidcorporation, a conveyance in fee simple of any land or f^'j^^^^]''^'' P*' 
town lots, and the same, together with any such donations 
as above provided, to sell and convey in such manner and 
on such terms, as may be thought necessary and most ad- 
vantageous to the said corporation. 

Sec 14. When one-tenth part or more of the stock of said When eiectiott' 
company shall be subscribed, the said commissioners shall fifdneciois 
make an election, at such time and place as they may di- *''^'' ^^ 
rcct, for the election of directors as herein provided, and 
the said directors shall receive from the said commission- 
ers all the books, papers and money, which they may Directois tore 
have received, and thereafter the directors shall receive '^'^'^'*^ ^'^°^^^ 
subscriptions to the said capital stock, until the whole 
amount shall be subscribed. 

Sec. 15. This act shall be deemed a public act, and Tubiic act 
shall be favorably construed for the purposes therein ex- How conMiuf* 
pressed, and declared in all courts and places whatever. 

Approved 28th Feb. 1837. 



AN ACT 10 incorporate Ihe Quiiicy. GrJg5S\llIe, Jucksonvlnc;, and Spring- In fovce Marclx 
fieM Tim lip ike Company , 1st, 1837 

Sec. 1. Be it enacted by the People of the State cf Illinois^ 
represented in the General Axscmhly^ That James Todd, 
John T. Cassell, John Henry, William King, Scott Riggs, 
George Camp, John White, Charles C. Perry, of JMorgan 
county, James Brown, H. Yates, 11. F. Barrett, J. E. 
Canfield, and Robert Allen, of Sangamon county, N. W# 



144 I^■COilPORATION LAWS. 

Jones, Uriah Brown, G. W. Johnson, Andrew Philips, 
John McConneli and William Kinman, and Hazel Wells, 
and Nathan Philips, of Pike county, John Wood, Ar- 
chibald Williams, Robert Tillson, Fiancis C. Moore, and 
E. L. Pearsons, of Adams county, and their successors in 
. office duly elected as herinafter directed, are hereby con- 
consmmeda stituted a body politic and corporate, and by the 
body politic name and style of the "Quincy, Jacksonville, and 
and corporate Springfield Company," shall be able and capable 
in law and equity to sue and be sued, plead and be im- 
Maysueand pleaded in any and all courts whatever; make and use a 
have a common common seal, and the same to alter and change at plea- 
seal sure; and shall be able to make contracts and enforce the 
same, and to make and enforce the necessary by-laws, 
JjJ*^ ^^^*^^'' rules and regulations to enable them to carry into effect 
' * the provisions of this act, not inconsistent with the laws 
and constitution of the state^ 
Amount of Sec. 2. The capital stock of said corporation shall be 
d^''-d*d*'°'^'' one hundred thousand dollars, divided into shares of fifty 
shares dollars each, with power to increase the capital stock, if 
necessary, to accomplish the objects herein contemplated, 
and whenever one hundred shares of the said stock are 
Company may Subscribed, the said company may become organised and 
become orgaui- it shall require [a majority] ofsaid corporators and no more 
■®^ to be present to aid in the organization of said company. 
Time corpora- Sec. 3. Said corporation shall exist for thirty years. — 
tjon to exist But in case Said company shall not commence the con- 
struction of said work in two years and complete the 
same or some one of the sections hereinafter named in 
six years, then this charter to be null and void. 
Corporation to Sec. 4. The corporation by their agents shall have 
toad"^"^' * power from time to time to survey, examine, mark and 
Jocate a turnpike road, starting at Quincy, in Adams 
county, and running thence to the ferry on the Illinois riv- 
er, known as Philips' ferry, and thence to strike the line 
between townships fourteen and fifteen, in range thirteen 
west, and to continue on said hne to Lynnville, or 
near thereto, thence to Jacksonville, thence to Trenton, 
thence to Burlin, and thence to Springfield; with full 
power to diverge from a direct line between the points 
. named where more favorable ground can be had, for the 
construction of said road, the same to be not more than 
Rop.d divided four poles in width. 

jnto sections Sec. 5. Said roadjis hereby divided into three sections, 

as follows, to wit: All that part of said road between 

Quincy and Philips' ferry shall be the first section: all that 

part between Philips' ferry and Jacksonville shall be the 

Corpoiation to second section; and all that part between Jacksonville 

°PJ^^^°°!'^^^ '""' and Springfield shall be the third section; and the said 

•II icrii* ion corporation have full power and authority to open books 



INCORPORATION LAWS. I45 

fbr the subscription of stock for the entire construction of 
said road its whole length: or said corporation may open 
books for the subscription of stock, to be subscribed for 
the constructing and completing the first, second, or third 
section of said road as the case may be, beginning with 
6uch section as the corporation may deem most advisable, 
under the regulations and provisions of this act. 

Sec 6. The state shall have the right to purchase the 
stock of said company at any time after ten years on pay- chase 'srick"^' 
ing said corporation a sum of money which together with 
the tolls received shall equal the cost and expenses of said 
turnpike road as aforesaid, with an interest of ten per 
centum per annum. 

Sec. 7. The said corporation shall be entitled to alluihtsof 
the rights, privileges, and immunitics,and besubject to all coipoiatioii 
the restraints, duties and penalties granted and imposed in 
and by an act "to incorporate the Wabash and Mississippi 
Turnpike company," approved January l3th, 1836, when- 
ever the same are or may be applicable to said company: 
Provided^ however^, That no part in section 20 of said act Proviso. 
shall be considered as binding on said company. 

Sec 8. Said road shall be so graded that the assent of q. ,. ^ 
no part of the same shall exceed seven and a half degrees, road 

Approved 1st March, 1838. 



AN ACT to incorporate the Ottawa manufacturing company. If- Mi 

1st. 1837 
Sec. 1. Be it enacted by the people of the Stale of Illi- 
nois, represented in the General Jlssembly, That' Henry 
Green, William B. Eagan, Henry Moore, Benjamin H. 
Moores, and Henry Maston, and their associates and suc- 
cessors, be and they are hereby constituted a body politic Body constitu-. 
and corporate, under the name of the "Ottawa Manufac- ^^^' 
turing Company," to be located within one mile of the ^*'"^- 
town of Ottawa, in the county of La Salle, and by that ^■'°'^^^'°^- 
name shall have power to contract and be contracted g 
with, sue and be sued, plead and be impleaded, answer sued 
and be answered unto, in all courts having competent ju- 
risdiction: and shall be vested with all the power and 
privileges necessary to the object of the incorporation. 

Sec 2. The said company shall have power and be 
capable ofholding,purchasing, improving, selling,^and con- Powers 
veying estate, real and personal, for the use of said corpor- 
ation; second, to improve or erect buildings on the same; 
third, to rent, lease or occupy any or all such lands belonc- 

19 



liG INCOHPORATION LAWS. 

rio-,i£o ing to said company; Provided., That the real estate own- 

ed bj said company shall not exceed three hundred and 
twenty acres, except such as may beheld as collateral 
Coiiaici:ai fc- security for dcbis due said company, or may become the 
curity property thereof, by virtue of such indebtedness. And 

further, no such es^tate acquired by such indebtedness, 
shall remain the property of the corporation for a longer 
Five -a period than five years, under the penalty of a forfeiture 

i\e }e< rs ti^crcof, to thc people of this state. 
Capital stock Sec. 3. The capital stock of said company shall be two 
£res^«?00 hundred thousand dollars, with the privileges to increase 
cach^ to five hundred thousand dollars; which capital stock shall 

be divided into shares of one hundred doliais each, and sub- 
. scribed for, and held in manner hereinaftermentioncd:Pro- 

riJec/jthat the total amount of debt which the said corpor- 
ation shall at any time owe thall not exceed the amount of 
their capital stock, and in case of such excess, those under 
whose administration it shall happen, shall be holdcn for 
the same, in theirnaturoi and private capacity. But this 
shall not be construed to exempt the corporate proper- 
I'loiinty liable ty of the Company from being also liable and chargeable 

lor excess for sUch eXCCSS. 

Powers ^v:c. 4. The Said Company shall havc power to enter 

into and carry on all kinds of mechanical and manufactur- 
ing business, to erect mills, furnaces, and machine shops, 
for the manufacturing of flour, lumber, woollen, and cot- 
ton goods, machinery, farming utensils, &c. 

Sec 5. The better to enable said corporation to trans- 
act and carry on the purposes of their said incorporation, 
they are hereby authorised and empowered to make, 

""'^'''°^^*''' endorse, issue, receive, and transfer promissor_y notes, con- 
veyances of land ^ to receive the hypothecation and pledg- 
es of stock of other companies or incorporations, and oth- 
er instruments in writing, necessary to^the transaction of 

'"^'^"^ their business: Provided, 'Yhu.i this act sliall not be con- 

strued so as to authorise the said company or corporation 
to make and emit bills of credit, promissory notes, bank 
notes, or other instruments, to be used as a circulating 
medium. 

Sr.c. 0. All contracts or other evidence of indebtedness 
Vv'hich may be made or entered into by the said corpora- 
tion shall be sul)scribcd by the president and attested by 
the secretary, and being so signed and attested, shall be 

oti.c3anas jjjj.j^jj|,g ^^^ g^^j^j corporation, and all conveyances made 

and entered into by the said corporation, conveying real 
estate belonging to the said company, when signed and 
attested as aforesaid, shall in like manner, be binding on 
said corporation, according to the tenor, effect, and true 
intent and meaning of the same. 

Skc. 7. Subsci'iption to the capital stock of said cor- 



INCORPORATION LAWS. 147 

poration shall be opened under the direction of the dircc- Subscriptions. 
tors hereafter named, and if more than two hundred cai)itai s,tock 
thousand dollars shall be subscribed, they shall distribute 
the stock among the several subscribers in such manner 
as they shall doom most conducive to the interest of said 
corporation. And it shall be the duty of the diicctors for Duiyofdiicc- 
thc time being, to call for and demand of the stockholders '""* 
respectively, all sums of money by them subscribed at • 
such times and in such proportions as they shall see fit, 
under the penalty of the forfeiture of their shares, and Penalty, 
previous payments made thereon, to the said corporation, 
always giving thirty days notice in a newspaper printed Notice 
in or nearest to said town. 

Sec. 8. The stock, propcty and concerns of the said 
corporation shall be managed and conducted by five di- How ninnaged 
rectors, who shall, at the time of their election, be holders 
respectively, of not less than twenty shares of the capital 
stock of said company. Said directors shall be chosen 
annually, on the first Monday in June, by the stockholders To becliosen 
or their proxies,which shall be by ballot. P^ach share of the annually 
capital stock shall be entitled to one vote; and the five 
persons receiving the greatest number of votes shall be 
deemed duly elected, to hold their offices one year, and „ ,, ^ 
until others are elected to fill their places. The directors so 
chosen or the major part of them shall constitute a board 
and be competent to the transaction of business, and may 
from time to time make and prescribe such by-laws, rules „ 
andregulations relative to the concerns of said corporation; 
the duties of the president and agents, (each of whom 
shall be elected by a majority of the directors so chosen)and 
shall also regulate the duties of their agents, clerks, and Regulate duties 
all others by them employed. And also shall appoint a°^^sents, &.c. 
treasurer, who shall give bond to the president and direc- Appoint trea- 
tors in such amount and in such manner as the said direc- ^^^^j.^" °' ®' 
tors shalll prescribe; and the said directors shall have power 
to appoint such other officers, agents, and clerks as may 
be necessary for carrying on the business of said corpor- 
ation. 

Sec 9. Henry Green, Wm. B. Eagan, HcAry Moore, 
Henry Matson, and Benjamin H.Moores shall be directors Djiectois 
from the time this act takes effect, and until others are 
elected in their stead, four weeks previous notice of an 
election, after the first, shall be given of the time and 
place of holding such election, by publishing such notice Time a^ place 
once in each week for four weeks, immediately preceding of election 
such election in a newspaper printed in or near the said 
town, and such election shall be holden under the in- 
spection of the directors. 

Sec 10. The company shall all times keep proper 



143 



INCORPORATIOiN LAWS. 



I'd keep books 



Annual divul- 
e«ds 



Statement of 
debts and cred- 
its 

Special meet 
ing 



Stock deemed 
personal 



Public act 



May repeal 
Proviso, 



books of accounts, in which ahall be registered all the 
transactions of the_corporation, and the same shall at all 
times be subject to the inspection of the stockholders. 
And it shall be the duty of the directors to make annual 
dividends, or at such other times as a majority of the di- 
rectors shall direct, of so much of the profits of said com- 
pany as to them, or a majority of them, shall appear advi- 
sable. And the said directors whenever required by a ma- 
jority of the stockholders, shall exhibit, at a general mee- 
sing, a full and perfect statement of the debts and credits, 
and all such other matters as may be deemed essential, 
relating to the affairs of the company. 

Sec. 11. a majority of the stockholders whenever 
they deem it necessary, may call a special meeting of the 
comT^a.ny : And provided , the regular elections from any 
cause, shall not take place at the time therein provided 
for, it shall be lawful for any two of the stockholders to 
call a special election, giving notice of the time and place 
as herein provided. 

Sec. ri. The stock not disposed of by the directors in 
the manner herein before named, shall and may be issued 
by the directors, for the time being, according to the by- 
laws and regulations that may be adopted by the said com- 
pany. 

Sbc. 13. The stock of said corporation shall be deem- 
ed personal property, and assignable and transferrable on 
the books of the corporation. But no stockholder indebt- 
ed to the corporation, shall be permitted to make a 
transfer until such debt be paid, or secured to be paid, to 
the satisfaction of the directors. 

Sec. 14. This act is hereby declared to be public, and 
shall take effect from and after its passage. 

Seg. 15. The legislature may at any time alter, amend 
or repeal this act, whenever, in its opinion, the public good 
shall require it: Provided^ That said corporation may ex- 
ist for the period of two years after such repeal, for the 
purpose of winding up and closing its business; but not for 
the purpose of continuing the same, or any other purpose. 

ArrnovED 1st March, 1837. 



In force Marcli 
1,1837 



AN ACT to incorporate the Liverpool, Canton and Knoxville rail road 
company. 

Sec. I. Be it enacted hy the people of the State of Illinois, 
represented in the General Assembly, That the president, 



INCORPORATION LAWS. 149 

directors and stockholders, and such other persons as may 

hereafter become presidents, directors and stockholders 

agreeably to the provisions ofthisact, in the incorporation 

hereby created, shall be continued and exist for the term °"'..'°"*f°!T 
r • r r I • i I J poiation shall 

of sixty years trom the passage ot this act, a body corpor- exist 

ate and politic, by the name and style of "The Liverpool, Name 

Canton and Knoxville rail road company." 

Sec. 2. The said corporation shall have the power, P"^^*?' eights, 
right, and privilege to construct, build, and make, and *" '"'*" '^" 
during its existence to continue in repair a rail road or 
rail roads, with a single or double track, and with such 
appendages and appurtenances as may be deemed neces- 
sary for the convenient use of the same, from the town of 
Knoxville, in Knox county, running near or through the 
town of Canton, in Fulton county, to the banks of the Il- 
linois river at or near the town of Liverpool, in Fulton 
county aforesaid; to transport, take and carry persons, 
property, goods, wares, and merchandise on the same by 
the power and force ofsteam, of animals, or any mechan- 
ical or other power, or a combination of the same, as the 
said company shall choose to employ, for the space or 
term of sixty years from the passage of this act. 

Sec. 3. The said corporation by the name and style T°''^^'* *""**• 
aforesaid, shall, for the term aforesaid, have contin- audbe^sued* 
ucd succession, and shall be capable in law and equity 
to sue and be sued, and to plead and be impleaded in all May make 
manner of actions whatsoever, and may make and use a*"^ use a com-. 

1 1 1, ,1 1 ""O" seal 

common seal, and alter the same at pleasure. 

Sec. 4. If the said corporation hereby created, shalMVhen road 
not within five years from the passage of this act, com- ''*'^" '''!"^°'?* 

•' . z' I ■ I -Y 1 1 J menced and 

mence the construction ot the said rail road, and expend finished 
within two years thereafter the sum of ten thousand dol- 
lars thereon, and shall not within ten years from the pas- 
sage of this act construct, tinish, and put in operation the 
said rail road from and between Canton and Liverpool, or 
in the event of the failure of the company to construct the 
parts and portions of the said rail road, within cither of the 
times above specified, then the rights, powers, privileges, 
and immunities of the said corporation underthis act, shall 
be null and void. 

Sec. 5. If the said corporation should only construct ICa pan is 
and complete the said rail road from Canton to Liverpool, ^"'^*'^i'?, 
it shall not bedeemeda lorteiture of the charter or act ot in- 
corporation hereby granted,but said corporation shall have 
and enjoy the same privileges, rights and immunities as 
they otherwise would do should the said rail road be con- 
structed and completed from Knoxville to Liverpool: Pro- 
vided^ That the privileges granted by this charter shall not 
extend to that part of the road between Cantoa ^n4 



150 INCORPORATION LAWsJ. 

Knoxville for a longer period than is specified for the 
completing that part of the road which lies between Can- 
ton and Liverpool. 
Capital stock ^'EC. 6. The capital stock of said corporation shall be 
one hundred thousand dollars, which shall be divided into 
Divided into sharcs onc hundred dollars cach, which shall be deemed 
Deemed pci- personal property, and shall be transfcrrablc in such man- 
flonai proper- ner as the said corporation shall by by-laws direct. The 
ty, tiansierra- capital stock of the Said corporation may at any time here- 
Capital stock Jiftcr be increased to a sum not exceeding three hundred 
may be increa- thousand dollars, if the same shall be deemed necessary by 
"** the directors of the said corporation, to the completion of 

the said rail road; and the same may be subscribed forand 
taken under the direction of such persons as the directors 
shall for that purpose, appoint, and whenever they shall di- 
rect one or more books to be opened for such purpose, the 
same shall and may be taken in such manner as the said 
board of directors shall have for that purpose appointed. 
Commissioners Sec. 7. That for the purpose of carrying into execution 
»o receive lub- g^ ^-,^(.1^ of the provisions of this act as relates to the first 
fltLck"" ° subscription of stock, Samuel Brooks, Myron Phelps, 
William Elliott,jr., Robert E. Little, Charles Kettcll, D. 
W. Viltuni, 'Thomas J. Little, Jonas Rawalt, and Joel 
Wright be, and they arc hereby appointed commissioners, 
Their duties whosc duty it shall be, within the period of twelve months 
after the passage of this act, at some suitable place, that 
may be designated by the said commissioners, or a majori- 
ty of them, to open books to receive subscriptions for the 
capital stock of said corporation, and thirty days public 
notice sliall be given by said commissioners of the time 
and place of opening such books in one or more of the 
public newspapers printed in this state; and a majority of 
the commissioners shall constitute a board to receive sub- 
scriptions, which books shall be closed as soon as said cap- 
ital stock is subscribed. The said commissioners shall re- 
ceive no subscription unless one dollar on each share shall 
be paid at the time of subscribing. So soon as said capi- 
tal stock is subscribed, or at least fifty shares, and books 
closed, the commissioners shall give notice for a meeting^of 
the stockholders, at such time and place as they shall 
appoint, by advertisement in one of the newspapers in this 
state, thirty days before such election, to choose five di- 
rectorg. And such commissioners are hereby appointed 
inspectors of such election, and such election shall be 
then and there made by such of the stockholders as shall 
attend for that purpose, in person or by proxy, each share 
of the capital stock entitling a stockholder to one vote on 
such share; and said commissionersshallcertify under their 
hands, the names of the persons duly elected, and deliver 



INCORPORATION LAWS. 151 

over the subscription books together with all moneys by 
them received for and on account of subscription, to the 
directors so chosen. 

Sec. 8. The said directors shall have power to appoint Directors may 
and employ one or more endneers, to cause such examin- ^'.PP'J'n'en. 

. ' , •' ^ • 1 °i 1 L giiieers and 

ation and surveys (or said rail road as may be necessary to ^ause surveys 
the selection of the most advantageous line or lines, course 
or courses lor the location of said road; and the said di- 
rectors shall, after such examinations and surveys, shall 
have been made, select and by certificatejinder their hands 
and seals designate the line, course, or way they may deem 
most advantageous for said rail road; wh;ch said certifi- 
cate shall be hied in the oflice of tlie secretary of this 
state; which said line, course, or way so selected and cer- 
tified, shall be deemed the line, course, or way on which 
the said corporation shall construct or cause to be con- 
structed, built, or made, their sijigle or double rail load as 
hereinafter mentioned. 

Sec. 9. The directors chosen as aforesaid shall, as soon ^"'^ctovs to 
as may be, after election, choose out oftheir own number dent 
a president, who shall preside until the next annual elec- 
tion thereafter and until another president shall be cho- 
sen, and in case of the death or resignation of the presi- 
dent or of any director, the vacancy thus occurring, may Vacancy piesi- 
be filled for the remainder of the year, in which they may dent, i>ow filled 
happen, by the board of directors, and in case of the ab- 
sence of the president the board of directors shall have 
power to appoint a president /)ro tempore, who shall have 
and exercise such powers and functions as the by-laws 
of the said corporation may provide. 

Sec 10. In case it should at any time happen that an siiaiinotbe 
election of directors shall not be made on any dav when)''''*^"'^'"' ''^^- 

j ■ ,1 . . r iL • i •. 1 7 i 1 lection be nee-' 

pursuant to tlie provisions oi this act, it ought to have jgp(gj * 

been made, the said corporation shall not, for that cause, 
be deemed to be dissolved, but such election may be held 
at any other time within ninety days thereafter. 

Sec. 11. The said directors shall have power to appoint '^'''^?'^"^'*' 
a secretary and treasurer, and all subordinate officers of^c'lary'and* ^"^ 
said corporation, fix their compensation, define their pow- treasurer and 
ers, and prescribe their duties; who, when appointed, °'''^'°®^"* 
shall give bonds in such penal su.-.is with such conditions 
and with such securilies as the said directors shall prescribe; 
and shall hold their office during the pleasure of a ma- 
jority of the directors. Said directors may also make, 
ordain, establish, and put in execution such by-laws, ordi- jjfay make by 
nances and regulations as may be necessary for the effici-la^^a 
ent and prudent management of the alTairs and objects of 
the said corporation. No by-laws, ordinances or regula- 
tions of the same shall be in any wise contrary to the con- 



152 



INCORPORATION LAWS. 



Notice of elec 
tion to be gi\sn 

How to be con- 
ducted 



stitutlon and existing laws of this state or of the United 
States; 
Time of first ^Eu. l2. The first directors to be chosen shall hold their 
directors office offices Until the first Monday in November, in the year one 
thousand eight hundred and thirty-eight, and until others 
shall be chosen; and ever thereafter on the first Monday 
of November, in each and every lycar, at such time 
When others and place as the said directors shall appoint, giving twcn- 
shaii be chosen j-y ^j^ys previous notice,in the manner prescribed forgiv- 
" ' " ' ing notice by the commissioners appointed for the opening 
of the books. Every election shall be held under the inspec- 
tion of three stockholders, not being directors, who shall 
be previously appointed by a majority of said directors. 
All elections shall be by ballot, and a plurality of the votes 
given shall constitute a choice. In case of an equal num- 
ber of votes for any two or more directors, the president 
shall have a casting vote; and shall thereby determine 
who shall be entitled to a seat at the board. 

Sec. 13. The said corporation is hereby empowered to 
f Y f "'^'^'^^^^ purchase, receive, and hold such real estate as may be 
necessary for the construction of said road; and may, by 
their agents, engineers, aud surveyors, enter upon and 
take possession of and use all such lands and real estate as 
may be necessary and indispensable for the construction 
and maintenance of the said single or double track or way 
and the accommodations requisite and appertaining there- 
to; and may also receive, hold, and take all such voluntary 
grants and donations of land and real estate as shall be 
given, granted, and ceded to the said corporation, for the 
purposes aforesaid, to aid in the construction, mainte- 
nance and accommodation of the said single or dou- 
ble rail road. The said corporation are also 



road 



May receive 

voluntary 

grants 



em- 



Right of way 



powered to purchase, receive, and appropriate to the 
construction, building and making of said track or rail- 
way, all such timber, stone, earth, or other materials 
as may be deemed necessary and requisite for the same^ 



jn alfcaseshow But all lands or real estate thus entered upon, and all ma- 
«ecmed terials which may be necessary for the construction and 

maintenance of said rail road or track, which are not do- 
nated, shall be purchased by the said corporation of the 
owner or owners of the soime, at a price to be mutually 
agreed upon between them; and in case of a disagreement 
as to price, cither as to the said lands or materials, and 
before making any portion of said road on such lands, the 
said corporation or the owners of said lands may ap- 
ply by petition to the judge of the circuit court of the 
county in which such lands may lie, particularly deserib- 
ing the land to be appraised; and said petition shall be filed 
in the oftice of the clerk of t' le circuit court, in the county 
in which «uch lands may lie, or materiaU may be; where- 



lIsCORPOUATiUxN LAVVfci. j(53 

upon, the said clerk shall have power, and is herehy au- 
thorised and directed to issue, under the seal of the said 
court, a notice in writing to the oilier party, informing 
him of the tiling of said petition as aforesaid, with the time 
and place of the commencement of the sitting of the cir- 
cuit court then next ensuing, and that an appraisement or 
assessment of the value of said lands or materials will, at 
the term of said court, be made; which noticeshall be serv- 
ed by the shcriif ofsaid coynty, or any other person quaiF 
fied to seive, and make atlidavit of the service of the 
same, hy exhibiting the same and by serving personally 
a copy thereof, upon thej)ersonso sought to be notified, 
which shall be deemed a sutHcicnt notice. {Said notice 
shall be so served at iea.4 twenty days before the said sit- 
ting of the court. The said clerk shall be authorised and 
is hereby directed, upon application of cither the said 
corporation or the owner ofsaid land or materials, to issue 
a subpoena, directed to such persons as they may desire, 
commanding their attendance at said court to prove the 
value of said land or materials. . The said judge, in case 
the party so notified as aforesaid shall neglect to appear, 
upon due proof of the service of said notice as aforesaid, 
shall proceed to appoint three competent, unbiassed, and 
disinterested commissioners, who shall be freeholders and 
residents of the count vMU which the lands described in 
said petition are situated, and who shall, under the direc- 
tion of the said judge, and upon hearing the testimony of 
Avitnesses on each side, of such as may be sworn, as to the 
value of said land or materials, or othermaterial facts con- 
nected with said appraisement, by the said judge as here- 
in after directed; and upon hearing what may be said by 
either party or their counsel, make appraisement and de- 
termine the damage which the owner of said lands will 
sustain after having deducted such sum or sums as they 
may deem just and equitable, upon the proof as aforesaid, 
for benefit and advantage which will accrue to the owner 
of said land by and in consequence of the construction 
and making the said rail road, or in the case of said ma- 
terials in the value thereof; which said sum shall be certi- 
fied by a report under their hands and seals. The said 
report shall contain an accurate description of the land 
appraised. The said judge is hereby authorised to ad- 
minister any oaths <o witnesses of either party for the 
purpose aforesaid. The said commissioners may be ap- 
pointed and selected from the grand jury attending said 
court or otherwise, as the said judge may determine. The 
said commissioners shall be allowed two dollars per day 
for their services, upon proof to the judge aforesaid, to 
be made within thirty days after the making said report 

20 



13-4 tNCORPORATlON LAWS. 

by the commissioners. The said corporation shall pay all 
the expenses necessarily incurred in ascertaining said ap- 
praisment, unless they shall have previously to the com- 
mencement of the proceedings herein before mentioned, 
tendered a sum of money to the owner of said land, which 
shall be at least equal in amount to that allowed by the 
said commissioners; and in case of such tender, the ex- 
penses attending such proceeding shall be borne and paid 
by the owner of said land. The said judge shall make aa 
order or decree upon receiving the report of said com- 
missioners; which said •report shall be made as soon as 
they shall have heard the proof and allegations of both 
parties to such proceeding; which said report of the com- 
missioners together with the said order or decree, reciting 
the appraisement of damages, the__mode of making it, des- 
cribing the land, and also a minute or memorandum of 
the expenses of such proceedings, by whom to be borne 
or paid according to the provisions of this section of this 
act, and all other facts necessary to a compliance with 
this section of this act. And when the said order or de- 
cree shall be filed in the office of the recorder of the coun- 
ty in which such lands may be, the said corporation 
shall be seized in fee simple, absolute, and possessed of 
such lands or real estate, and may enter upon and take 
possession of and use the same for the purposes of said 
road. The said report artd decree v/hcn tiled shall be evi- 
dence of the amount due said owner of land; and said cor- 
poration may be sued in an action of debt for the same. 
Court to ap- Sec. 14. In case any HKirried woman, infant, idiot, in- 
point aiepie- sane, or non-resident person of this state, who shall not ap- 
eentatjve for y^^^j. after such uoticc shall have been returned '•^non est 

idiots, aim otn- f^ i -n- rji r -i i i n 

er persons in- inventus by the sheriii oi the county as alorcsaid, and shall 
terested be interested in any such land or reat estate, or materials 

necessary for the building of the said road aa aforesaid, 
the said judge shall appoint some competent disinterested 
person to appear before the said commissioners as guar- 
dians ac/ Zj7cm, and act for and in behalf of such persons in 
this section named. The ordinary fees of the said clerk 
and sheriff shall be allowed them, to be paid upon the 
same conditions as the other expenses in the thirteenth 
section of this act. 
rower to con- Sec. 15. Said corporation is hereby authorised to con- 
structroad, struct said rail road of sucli sizc and dimensions as they 
portation'^" "may ^eem proper, and shall have power to regulate the 
time and manner in which goods or any articles, or pas- 
sengers shall be transported, taken, and carried on the 
same. And also to have po-wer to exact and maintain 
MaYBiect toll toll houscs and other buildings and appendages for the ac- 

bL'iisei 



INCORPORATION LAWB l55 

commodation of their concerns as they may deem condu- 
cive to their inteiest. 

Sec. 16. Whenevcrit shall be necessary for the construe- Duty in crosi- 
tion of their single or double rail road or track to intersect j".^ "l*!" "*'^''' 
or cross any stream of water or water courses, or any streams 
road or highway, it shall be lawful for said corporation to 
construct their way or track or tracks across or upon the 
same, after wiiich the said corporation shall restore the 
stream, water course, road or highway thus intersected as 
near as may be to its former state or so as not to impair its 
utility. 

Sec. 17. It shall be lawful for the company hereby y. r . ii 
incorporated, from time to time to fix, regulate, and re- 
ceive the tolls and charges by ihcm to be received for the 
transportation of property, of what description soever the 
same may be, or persons on the single or double rail road 
or way aforesaid, hereby authorised to be constructed, 
erected, built, made and used, and to take and receive tolls 
upon any point of said route whenever and as fast as sec- 
tions of five miles are fully completed and built. 

Sec. 18. If any person shall wilfully door cause to be T*."*!''®* *"' 
done any act or acts whatever, whereby any building, '"^""^^ 
construction, work or appendages of said corporation, or 
any engine, machine, or structure, or any tiling' apper- 
taining to the same, shall be stopped, obstructed, impair- 
ed, weakened, injured, or destroyed, every person so of- 
fending shall be deemed guilty of a misdemeanor and shall 
forfeit and pay to the said corporation treble the amount 
of damages sustained by means of such offence or injury, 
to be recovered in an action on the case in the name of 
said corporation, with costs of suit, before any justice 
of the peace, or before any court of record of this state, 
and to be fined or imprisoned or both, in the discretion of 
the court. Said fine to be not less than fifty nor more 
than one hundred dollars, and said imprisonment to be in 
the county jail of said county, for a term not less than one 
month nor more than three, at the discretion of said court. 

Sec. 19. It shall be lawful for the directors to require r^. , 

. , n,, , Mj j^i 1 -11 Directors' pow- 

payment of the sums subscribed, or to be subscribed to er sin relation 

the capital stock, at such times alid in such proportions, to ^"bscriptiont 
and on such condition or conditions as they shall deem fit, 
under the penalty of the forfeiture of such stock and of 
all previous payments thereon, and they shall give notice 
of the payments thus required on said capital stock by an 
advertisement in one or more of the papers published in 
this state, containing a notice of the time'and place when 
the same are to be paid sixty days previous to the pay- 
ment of said stock. 

Sec. 20. This act shall be deemed a public act and a public act 



l^G INCORPORATION LAWS 

shall be construed liberally in all courts within this state, 
for all the beneficial purposes therein intended, and all 
printed copies of the same which may or shall be printed 
by or under the direction of the General Assembly shall 
be admitted as good evidence thereof, in any court in this 
state without any other proof whatever; and this act shall 
take effect and be in force from and after its passage. 
Approved March 1st, 1837. 



In force, 1st 
March, 1837. 



Corporation 
created a bo- 
dy politic and 
corporate 



Empowered to 
construct rail- 
road 



Pay damages 

assessed 

When to com- 
mence and fin- 
ish road 



AN ACT to incorporate the Danville and Covington Rail>road Company, 

Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That Thomas Mc- 
Kibben, Peleg Cole, Hezekiah Cunningham, Jonathan 
Draper, Isaac R, More, and John Villars of Vermilion 
county, and Isaac B, Vance of Fountain county, In- 
diana, are hereby created a body politic and corporate 
for the purposes mentioned in this act, and all persons 
who shall become stockholders in this company, according 
to the provisions of this act, shall be and they are hereby 
constituted a body politic and corporate by the name of 
the "Danville and Covington Rail-road Company," and 
by that name shall be competent to sue and be sued, 
plead and be impleaded, answer and be answered unto, in 
all courts having competent jurisdiction under the pro- 
visions of this act. 

Sec 2, The said corporation is hereby empowered to 
construct a Rail-road either with a single or double track 
from Danville, in Vermilion county, to the State line on 
the best and most eligible route towards Covington, in 
Indiana; and the said company is empowered to take, 
transport, and carry all property and persons upon said rail- 
road by any power which they may think proper to em- 
ploy; and are hereby vested with the right and privilege 
to locate said road upon the ground which they may think 
most eligible, first having obtained the consent of the owner 
of said ground to make such location; and in all cases 
where said Rail-road passes through the property of any 
individual, he shall be allowed damages, to be assessed in 
the manner hereinafter provided for. 

Sec. 3. That, if the corporation hereby created do 
not, within two years from the passage of this act, com- 
mence the said work, and within ten years finish and 
complete the same, that then the said corporation shall 
be null and void. 



IxNCORPORATION LAWS. 157 

Sec. 4. That the commissioners, named in the first Commissioners, 
section of this act, or a majority of them, shall on the"''^''^ ^°^«^' 
first day of May next, or within twenty days thereafter, °"'' " 
meet in the town of Danville, in Vermilion county, and 
fix upon the time for opening books for the subscrip- 
tion of the stock to said corporation. Books shall be 
opened in the town of Danville, and Covington in Indi- 
ana, and in such other towns and cities as said commis- 
sioners may think best, upon giving at least thirty days 
previous notice in some public newspaper printed in such '^o e''^^ "^''<^® 
towns or cities where said books are to be opened, or if 
no paper is printed there, then by posting up written no- 
tices in four of the most public places in said town, at 
which time and place some one of the said commissioners 
shall attend to the opening of said books, and the said 
commissioners shall require of the person subscribing for 
stock in said corporation, to pay five dollars on each share 
so subscribed for, at the time of subscribing, and shall 
thereupon give him a certificate, stating the number of 
shares so subscribed. 

Sec. 5. The capital stock of said corporation shall Amount of 
be one hundred thousand dollars, with power to increase Capital stock 
the same to two hundred thousand dollars, if said 
company find it necessary for the completion of said 
Rail-road, which said stock shall be divided into shares of 
fifty dollars each, to be called for and paid as the directors 
of said coporation shall from time to time think best, 
under such foifeitures as the board may order and direct; 
and no subscription shall be received for less than two 
shares, and should the whole amount of the stock not be 
taken within ten days after the first opening of said 
books, the said commissioners, or a portion of them, may 
re-open books at such other times and places as they may 
think best, giving at least twenty days notice as pointed 
out in the fourth section of this act. 

Sec. C. The said commissioners, or a majority of 
them, be and they are hereby authorized by their agents, ^^^ '"^''®^" 
surveyors, and engineers to cause such examinations and 
surveys to be made of the ground from Danville to the 
State line in the direction of Covington in Indiana, as 
they may think proper, to form an estimate of the cost 
of making said Rail-road. 

Sec. 7. The stock and all the concerns of said cor- Directora to 
poration shall be managed by nine directors, all being ""^"^® ^'°*^'' 
stockholders in said corporation, who shall be chosen by 
the stockholders of said corporation. After the election 
of directors, those elected shall meet and choose one 
from their number to be president of said board, whose 
duty it shall be to preside in all meetings of said board 



158 INCORPORATION LAWS. 

of directors; and in the absence of the president, 
the board of directors may fill the vacancy by ap- 
pointing one of the board pro tern, who shall be pre- 
sident until the return of the president. The president 
May make by- j^jj directors of said company shall have power to make 
Btwk &c*" such by-laws and rules as to them shall appear needful 
for the management of the affairs of said corporation, 
the transfer of stock, the duties and conduct of their 
officers, agents, and servants, and the election of their 
. officers, and all other matters whatsoever appertaining to 

the concerns of said corporation: Pror/(/ec^, Said by-laws 
and rules shall not be contrary to the laws and constitution 
of this State. The said board of directors shall have power 
to appoint a secretary, treasurer, and such agents and ser- 
vants as to them may seem proper; and shall prescribe 
their duties, and fix and establish their salaries and allow^- 
ances, and do and perform all such things as may seem 
best for the welfare of said corporation, not violating any 
of the provisions of this act. 

Sec. 8. As soon as the directors shall have been chosen, 
Commissioners and the commissioners, appointed under this act, notified of 
to pay over the Same in writing from the said board of directors, then 
money ^■^^ ^^-^^ commisioncrs shall immediately pay over to the 

president and directors of said corporation, or their au- 
thorized agent, the whole amount of money received by 
Proviwj them on subscription for said stock: Provided, If, upon 

closing the subscription book, there should be a greater 
amount of stock subscribed than is authorized by this 
act, the commissioners hereby appointed shall take 
the excess from those having the greatest number of 
shares not being residents of this State. 

Sec. 9. The said corporation may purchase and hold 
May hold real ^^^^^ ^^^^ estate as may by them be deemed necessary for 
estate the construction of said Rail-road and transaction of 

their business, not exceeding six hundred and forty acres 
of land for timber, coal or any other material which may 
be necessary for the use of said company. 
E]ections,whfcn Sec. 10. The election of directors under this act 
& where to be shall be held at such times in Danville in Vermilion coun- 
ty, as the commissioners hereby appointed for the first 
election, and the board of directors for all subsequent 
elections may direct, and the commissioners hereby ap- 
pointed shall act as judges of the first election, and the 
Term of office (jji-ectors then elected shall hold their offices for one year 
and until their successors are elected and qualified. All 
elections hereafter shall be held under the direction of 
the president and directors of said corporation. The di- 
?d annual?*"^'' sectors shall be annually elected by the stockholders, 
either in person or by lawful proxy, and each share shall 



INCORPORATION LAWS. 159 

entitle the holder to one vote until he shall have given 
twenty votes, and one vote for every ten shares over and 
above that number. 

Sec. 11. All elections shall be by ballot, and the nine 
having che highest number of votes shall be directors, and 
should any two or more persons have an equal number 
of votes, then and in that case those who are duly elect- ^jg"^"*' 
cd shall determine by lot among those having an equal 
numberof votes, who shall be directors; and all vacancies 
that may happen amongst the directors shall be filled by 
the remaining directors, or a majority of them. Five di- 
rectors shall at all times be a quorum to do business for 
said company. 

Sec 12. Said directors may require the payment of 
the capital of said corporation, at such times and in Ja^,\^^"p&y- 
such proportions, as to them may seem best calculated ment of stock 
to promote the interest of said corporation: Provided, Ptovko. 
That notice shall be given of the time and place such pay- 
ment will be required and the proportion required at least 
sixty days previous to such payment being made, in some 
public newspaper published in this State, and in such other 
towns and cities where any stock may have been subscribed. 

Sec. 13. It shall be lawful for said corporation to en- p. 
ter upon and take possession of and use such lands and may hold land 
real estate as may be indispensable for the construction 
and maintenance of said rail-road, and may also hold and 
dispose of such lands as they may purchase and receive 
under the provisions of this act: Provided, In all cases Pi-oviso- 
when real estate is taken for the use of said corpora- 
tion, the owner or owners of the same shall be entitled 
to pay for the same in damages, if any be claimed 
by said owner or owners, which damages shall be ascer- Damages tobe- 
tained in the same manner as damages in case of public ascertained, & 
roads running through the land of individuals, or in any P*"* 
other way agreed on by the parties, in which case the 
damages shall be payable on demand, together with six 
per cent, interest per annum until paid. 

Sec 11. The snid corporation is hereby authorized to 
determine the width and dimensions of said r^il-road, ^.J^JI)^*"^^""' " 
if the same does not exceed twenty poles in width, to- 
gether with the necessary premises thereunto, and shall 
have power to regulate the time and manner in which 
goods, properly and passengers shall be taken and carried 
upon said rail-road, as also the manner of collecting their 
tolls and dues for such transportation. 

Sfx. 15. That the county of Vermilion or State of 
Illinois, after and from ten years from the completion of hlveTri^ghuw^ 
said rail-road, may purchase from said company at any purchase ralK 
time thereafter their right and privileges under this act, ^°^ 



160 INCORPORATION LAWS. 

by paying to the said company the cost of the same, to- 
gether with six per cent, interest per annum thereon, 
with a view to which the said board of directors shall, after 
completing said rail-road, make out a full sLutement in de- 
tail of all the expenses incurred in completing the same, 
tvhich said statement shall be sworn to by the president 
of the board, and filed with the clerk of the county com- 
missioners' court of Vermilion county. 

Sec. 16. The expenses incurred by the commissioners, 

Expenses, how appointed under this act, shall be paid out of any moneys 

P*'^ received by them for the subscription of stock. 

Sec. 17. This act shall be taken and received as a 

acV" ^" "^ public act by all courts, and shall be construed liberally 
for all beneficial purposes therein intended; and all real 
estate, conveyed. by said corporation, shall be signed by 
the president of the said corporation, and shall have affixed 
thereunto the seal of the said corporation. 

Sec 18. If any person or persons shall willfully do 

Persons injiii-Qf causc to be done any act or acts whereby to obstruct, 

iiigroad forfeit • . , •' , . . -^ ,, ' 

injure or endanger any machine, engine, or any other 
property belonging to said company, the person or per- 
sons so offending shall forfeit and c-ay for every such of- 
fence to the said corporation double the amount of dam- 
age done or sustained by means of such offence, recov- 
erable in the name of the president and directors of said 
corporation, with costs of suit by an action of debt, to be 
brought in any court having jurisdiction thereof, and the 
Liabletoiii- • person SO offending shal! also be liable to an indictment 
dictinent for high Crime and misdemeanor, and punished as in other 
cases of this kind. 

Sec. 19. It shall be lawful for any other rail-road corn- 
Any other road pany now incorporated, or which may hereafter be incorpo- 
*"*yj^^ '■"''" rated, to join and unite with the rail-road hereby created 
' * at any point at which the directors of the said companies 
may think advisable, on such terms as the directors of 
the companies respectively may agree upon; and in case 
of a disagreement between the directors of the said compa- 
nies, then, upon such terms as the circuit court of Vermilion 
county, in this State, shall, upon a full view of the premises 
and facts connected with the case, determine to be equitable 
and just between the said companies. 
Rail-road stock Sec. 20. The stock of said rail-road shall be consid* 
considered per- gjrg J 3.3 personal property, and may be taken for any debt 
son piopeuy ^^^ ^^.^^ ^^^ ^^ ^j^^ Stockholders; and the mode of sue- 
Mode of suing iHg Said Corporation shall be by summons, and the service 
corporation thereof shall be by delivering a copy of the same to the 
president, secretary or treasurer of the said corporation, or 
in case of their absence, at their place of residence; which 
said summons shall be served not less than fifteen nor 



INCORI^URATION LAWS. 161 

more than thirty days from the day set for trial; and th« 
president of said board shall, when called upon bj an 
officer having an execution against any stockholder, dis- 
close to said officer the number of shares owned by such 
person; and when any sale of such shares is made by 
an officer under execution, the president of the said board 
shall make the teccssary transfer to the purchaser, and 
give a certificate for the same: Provided^ All demands*^'""**- 
made against said corporation shall be made at their office 
or place of doing business. 

Sec. 21. That if at any time this corporation shall 
act contrary to the provisions of this act, or shall in any ,^"°o"fii^ *"* 
manner abuse the powers herein granted, it shall be the wananto o« 
duty of the attorney general on complaint being made to compiaiBt 
him in writing, signed by six responsible citizens, setting 
forth the causes of such complaint, to file an information 
in the nature of a quo warranto for the purpose of annul- 
ling this act and the powers herein granted, which infor- 
mation shall be filed in the circuit court of Vermilion 
county, but subject to appeal to the supreme court of this 
State as in other cases. 

Sec. 22. The company incorporated under this actCo''P°''"5?° «* 
shall be entitled to all the privileges hereby granted, for """""•*" ^^ 
the term of fifty years, and no longer. 

Sec 23. In case it should happen, that an election Coi-poraiion 
of directors at any time shall not take place at the time "«" <'>sspi*e'< 
when, pursuant to this act, it ought to have taken place, ^[^^'^j '^''"" '* 
the said corporation shall not for that cause be dissolved; 
but such election may take place at any other time di- 
rected by the by-laws of said corporation, within three 
months after the time when it should have been held* 

Approved 1st March, 1837. 



AN ACT to incorpoiate the Prawiltiu anJ Trustew uf the Joissyvillii Acad. I" fo'^ft March 

einy. 1» ^^SH' 

Sec. 1. Be il enacted by the People of the State of Illinois^ 
represented in the General Assembly^ That the persons 
hereafter elected pursuant to the provisions of this act Body poiiuc & 
and their successors, be and they are hereby created a "^""^P®"'"* 
bod^ politic and corporate, to be styled the "President 
and Trustees of the Jerseyville Academy;" and by that To hav« por- 
name to remain in perpetual succession, with power to P*^'"*' •"<=<=•••* 
6ue and be sued, plead and be impleaded, to acquire, hold *°" 
and convey property real and personal j to have and ui« 



162 INCORPORATION LAW:?. 

rohaveacom a commoti seal, and the same to break, alter and renew at 

mon seal . i , i ii/- .• .. 

pleasure; to make and alter from time to lime such by- 

JV/ake by-laws. I'^ws as they may deem nccc?saiy for tlie government and 

regulation of the said institution, its othccrs, servants and 

Proviso. property; provided. Such by-laws are not inconsistent with 

the coustituiion and laws of this slate or of the United 

States. 

Shall consist of Sec. 2. The trustees of said institution shall consist of 

five. five persons, who together with the president, shall be 

Elected aniia- gig(.|-(.j [,y the stockholders annually on ihe first Monday 

Hold their of- of Apiil in each year, and shall hold their offices until their 

fice till others successors are duly elected and qualified. The elections 

are elected. ^j^^u ^^ ^^^^ j^^ ^j^^ ^^^^.^ of Jersey ville. All elections shall 

Vote by proxy, be by ballot, and may be made personally or by proxy, 

and conducted in such manner as may be directedby the 

by-laws of said institution. 

Sec. 3. The directors of said institution shall have 
Shallhave power to fill all vacancies which may occur from time to 
varanc^ies. iimQ in their body, either by death, resignation or other- 
wise. 
President and Sec. 4. The said president and trustees shall hold the 
trustees may property of said institution solely for the purposes 

hold the piop'and advantages of said institution and of education, and 
ertyof mstitu- , • r\-. . i • -.i -i ■ 

tjo„. the promotion ot literature and science in the said acad* 

No religious emy ; and no particular religious faith shall ever be rtqui- 
faith feq""*'^ red of those who may become presidents and trustees, 
or other per- Students, pupiis, teachers, officers or servants of said insti- 
soHs. tution. 

Sec. 5. Said institution shall be permanently located 

ted^ at Jersey-''* ^^ within one quarter of a mile of the limits of the 

villa. town of Jersey ville, in Greene county in this state; and 

the said president and trustees shall be competent in law 

To become an(j equity to make to themselves and successors in office 

j«rpeiuaiia -^^ j^j^^j^ ^.^.j (^^^pp^p^jg name and capacity, any estate real, 

personal and mixed, by the gilt, grant, bargain and sale, 

conveyance, will, devise or bequest, of any person or 

persons, body corporate and politic whatsoever; and 

the same estates whether real or personal, to grant, 

BartajD& sell ^^'P''" '^^^ ^^''' ^^o^vey, devise, let, place out on interest, 

or otherwise dispose of, for the sole and separate use and 

benefit of the said institution, in such manner as shall 

seem to them most beneficial [for] the interest of the said 

CL II , 11 institution. The said president and trustees shall faith- 
r^nail apply ail i. /. i • i n , i ■ • j 

fuiidF, to sup. fully apply all funds by them collected and received, ao- 

port affairs, cording tothe best of their judgment, in erecting and com- 
pleting a suitable building or buildings, supporting the ne^ 
cessary officers, instructors or servants, and in procuring 
books, maps, charts, globes, philosophical and other ap- 
Apparatus. paratus, necessary to the success of said academy ; providtdj 
J*"*'*"* nevertheless, That in case any donation, devise, bequest o 



INCORPORATION LAWS. ICi/ 

Otherwise, shall be made to the said institution for a par- 
ticular purpose or purposes, not incompatible with the 
designs of said institution, and the corporation- shall 
accept the same, every such donation, devise or be- j„, ations, 
quest, shall be applied in conformity with the express 
conditions prescribed by the donor or devisor. 

Sec. (3. The trustees shall annually, and as soon as con- Shall eiert a 
venient after their election, elect a treasuicr and secre-^'^''^'"^'^'^*'''^'** 
tary of the hoard of president and trustees of said incor- 1^-^\ 
poration, who sha 1 each be stockholders therein, and 
who, when elected, and qualified, shall continue in office 
till their successors are duly elected and qualified. All All process to 
processes against said corporation shall be by summons, be by sumaiom 
and the service of the same shall be by leaving a" attested 
copy thereof with the president, or at his usual place ofxvfenty days 
residence, at least twenty days before the return thereof, before letuina- 
The president and trustees, as well as the treasurer, shall "^j.'jjjr ^ 
before entering upon the duties of their offices, take an si,aii take oath 
oath or affirmation to fulfil the duties of thcrr offices res- 
pectively. 

Sec 7. The said president and trustees shall have pow- 
er to employ and appoint a principal of said institution, shall have 
and all such instructors and instructresses, and also such power to em* 
«ervaats as may be necessary, and shall have power to '''''^' '^^chers 
displace any or either of them as they may deem to the 
interest of said institution, and the cause of educatio.i _, .„ 
therein to require; and to fill vacancies that may happen cies. 
by death or otherwise, among said officers or servants, sjtiaii not hold 

The lands witnin the jurisdiction of this state, held in per- '''°"V"]^u 

. ., , ^, . , *' , ,1 ' , ^ more land than 

petuity by the said coiporation, shall not exceed one quar- o„e quarter 

ter section of land at any one time, and if donations in section. 
lands be received at any time by said corporation, the 
same may be held in trust by the said president and trus- 
tees, and shall be sold within five years from the date of 
6uch donation, for the benefit of said institution, and, in 
failure thereof, the lands sogiven shall revert to the donor 
or grantor of the same or to their heirs. 

Sec. 8. The president and trustees shall meet semi-an- ci,,ii„... 

II r • L- I I II 1 oliallmeet 

Bually or ottener it they shall deem proper at the academy, semi annually 
after the same shall be erected, and it shall be the duly at the academy 
of the secretary to attend all the meetings of the board, j^"^'y^°'j^''J;J5' 
and keep and preserve a fair and correct record of their all meetings & 
proceedings. A majority of the board shall constitute a yecord procecd- 
quorum for the transaction of all business relative to said "'°*" 
institution. 

Skc. 9. That on the payment of twenty dollars to the y^^g^j^gj, 
treasurer of the said institution, every such person shall be lars shall con 
considered a slockiiolder, and shall be entitled to une ''""'^apeisoo 
vote for every share of said corporation in all elections; "'''='^''"'''" • 



lai INCORPORATION LAWS. 

and it sball be [lawful for each and cverj stockholder for 
the time being, of the said institution, his or her execu- 
s«llmiiti. ^^^^ '^^^ administrators or assigns, to give, sell, devise and 
dispose of their respective rights or shares in the said 
Academy, and their respective assignees shall be stockhol- 
ders of said institution, and shall be entitled to all the 
rights and privileges in said institution, as the original 
itockholders are entitled to by this act. 

Sec. 10. That John W. Lett, George H. Collins, Ben- 
jamin L. Yates, Alexander H. Burritt, Joseph Gerrish, 
Richard Graham, Samuel L. McGill, and Edward M. 
Comrnu$ion«ii Dalcv, of the county of Greene, be and they are hereby 
•htllfivtre- appointed commissioners to solicit and receive subscrip- 
*'^' tions of stock to said institution, and give receipts for 

the first instalment to be paid on subscriptions of stock to 
laid Academy, and give a receipt for the same, to be paid 
on subscription; and when the sum of six hundred dollars 
shall be subscribed for, the said commissioners or any 
three of them, are hereby authorized to give public no- 
ahiU a<lvtiiii9 t'ce, by posting up advertisements at four public places 
in four piac««. in thc county, of the time and place of holding an election 
for president and trustees of said institution, and that said 
Election. election be held in thc town of Jersey villc, at such place 
, , , , as thc commissioners may direct, and that the said commis- 
tksB sioners or any three oi them, are hereby appointed judges 

of the first election, and are authorized and empowered to 
Fh »t«l»ction. hold the same. The first election to be held on such day 
as the said commissioners may direct, but afterwards the 
annual elections shall be held on the first Monday in 
March, in each year thereafter, at the Academy as soon 
as erected. That each stockholder shall be required to 
$)tabapaid pay to the Commissioners two dollars on each share by 
"h^'h^™' °^ ^^"^ subscribed at the time of subscriijing, and thc residue 
" '"*■ at such time or times as thc president and trusi'ecs shall 
N»|llg«nce to direct; provided, that any stockholder neglecting or refus- 
p»jr ihaii forfeit ing to pay the balance due on any share or shares, shall 
forfeit to said institulition a'l money previously paid on 
•uch share or shares so neglected. 

Sec. U. All sales of real or personal property or evi- 
dence of indebtedness, by said incorporation, must be 
0Kr«ttry thtll signed by the president and attested by the secretary, and 
ttMit. -when thus signed and attested, they shall be binding on 

eaid incorporation according to the irue intent and mean- 
ing of the same, and not before. 

Sec. \tl. That after the first election for president and 
Fr#«W«ut *nd trustees, the president and trustees shall act as judges of 
SUTi^Jf^thtm election, or any three of them shall and may act as thc 
^ail b« judges, board of election. 

Ssc. 15. That the academy when erected and in opera- 



INCORPORATION LAVV8. 105 

tion, shall at all times be open for the use and privilege of Aca<(emy ihaii 
any free white person within the United States, who may ^* ^^'^* 
wish to be instructed in said nctide my; provided <, Said free Piovito. 
white person will comply with the laws and by laws of 
said institution, and pay the sums fixed by the president 
and trustees for the instruction of the students or pupils 
attending at the same. 

Sec. 11. That in case it should so happen that an clcc- In case of no 
tion for president and trustees should not take place on *'*^'"'°"» ^"^• 
the day on which it should take place according to law* notLdUsoUed 
the said corporation shall not for that cause be deemed 
dissolved, but that it shall be lawful, on any other day, to 
hold an election in the place of the one omitted to be held, Election may 
in sych manner as may be prescribed by the by-laws of J"* ^^''^ *"<"<*• 

. 1 . .. "^ * ■' •' ing to by-Iaw«. 

said incorporation. *• ' 

Sue. 15. The president and trustees shall make an an- 
nual dividend of all profits which may arise by said incor- ^*'*" "•'*« *"• 
poration, if there should be any surplus, after defraj ing ""* «vuen •. 
the expenses of said institution, unles* the said president 
and trustees shall deem it to the interest of said institution 
to have all of the funds arising therefrom paid out in im- 
proving or repairing said builclings,orin purchasing books, 
or whatsoever else for the benefit or interest of said cor- 
poration. 

Sec. 16. This act to take effect and be in force from its 
passage. 

Approved March 1, 1837. 



Ao act to incorporate the Chicago and Fox River turnpike road company. 

Ill force March 

Sec 1. Be it enacted hy the people of the State of Illinois j ' 
represented in the General Assembly^ That Horatio G. 
Loomis, James Kinze, Isaac D.Harmion, J. McCarty, It. M. 
Sweet, John Berry, Sherman King, Pierce Downer, Fran- 
cis C. Sherman, Benjamin Douglass, Hiram Pearsons, Zeph- 
na Lake, John R. Livingston, John Holbrook, George W. 
Snow, and U.K. Potter, and such other persons as shall be- 
come stockholders, are hereby constituted a body politic ^""P®"''®" 
and corporate by the name of the Chicago and Fox River g"u"^",Jn"* 
Turnpike road company, for the purpose of constructing pike, 
a turnpike road from the town of Chicago, to touch at 
Berry's point so called, by way oi Napcrsville and to ter- 
minate at Aurora, or Fox river. 

Sec. 2. The capital stock of said company shall be fifty Capital stock 
thousand dollars, which shall be deemed personal propertyi ''•vW^^ »•*• 



160 



INCORPORATION LAWS, 



fihares, may be 
increased. 



Commissioners 
to open books 
for subscr:pti'Jij 
of SlOrk. 



May open 
books, call 
meetings of 
■tockholders 
for electing 
officers 



Term of office. 



Width of road 
and q'lality of 
liiaterials. 



and shall be divided into shnres of fifty dollars each. The 
said capital stock may be increasrd lo a sum not exceed- 
ing om,^ hundred tlidusand dollar^, if the same shall be ne- 
cessary to the comid.tioii of the said road, and the same 
shall be ssubscrib-jd lor and taken under tlie directors of the 
8 lid corjiOiMtion, in the sanu manner and under the same 
diiections !i:< is jjiovnied !)y thi:i act, for the subscription 
of th -• origmd stock, wiiieii said ca|>ioal stock shall be as- 
sii/ni!)le.if) I liM.Htoria!)le, under sucii lules and regulations 
as tilt; dirertors of thf said company may appoint. 

Seo. .'J. (foritif) Ci. Loomis, .Ios(>ph Naper, Julius M. 
Warren, Z p m,i Lake, James McCarty, and John Dean 
Caton. are Hereby appointed commissioners to receive 
subscriptions to (he said capital stock, and grant certifi- 
cates of the same, whose tiuLy it shall be at some suitable 
places in the town of Chicag»j, and the village of Napers- 
ville in the co miy of Cook, and at such other places as they 
may dt;em expedient, to open books and receive subscrip- 
tions of sto( k, w lich books f>hall be kept open during 
three successive days, but no subscription shall be re- 
ceived unl -ss two dollars shall l>e paid on each share at 
the time of sub3cril)ing. At least fourteen days notice shall 
be given by the said commissioners, of the time and place 
of opening the books, by an advertisement in one of the 
public newspapers printed in the town of Chicago, where 
such books shall be opened. 

Sec. 4. If fifty thousand dollars of the said stock shall not 
be subscribed within tnesaid three days, the commissioners 
may again open the books at such other times and places 
as they may deem proper, and when such stock shall be 
subscribed, it shall be the duty of the commissioners to 
call a meeting of the stockholders for the purpose of 
choosinii nine directors, by giving at least fourteen days 
notice thereof, in one of the newspapers printed in the 
said county of Cook. Three oi more of the said commis- 
sioners shall preside at such election, and each stockhol- 
der shall be entitled personally of by proxy, to one vote 
for every share of stof;k owned by him. The directors so 
chosen shall hold their oflices until the first Monday in 
January next following, which shall be the day for choos- 
ing directors in each year after such first election. 

Sec. r>. The said corporation shall make a good and suf- 
ficient road, and shall make the arch of the said road twenty 
two feet in width, and shall lay out the said road sixty feet 
in width, and shall construct the same of such materials as 
the natural surface of the ground may afford. The said cor- 
poration shall not be invested with any other powers than 
are necessary for the purpose of making the said turnpike 
road and bridge, and for keeping the same in fepair, and 
for receiving the tolls thereon. 



INCORPORATION LAWS. lC7 

Sec. 0. Whenever five ntiles of the said road shall be May erect toll 
finished according to the provisions of this ;i(:i, the said cor- 6'*f'^^ ^"'' *^' 
poration may creel a toll gate thereon, and demand and''^'^ " *' 
receive tolls for passing the same, at the rates hereinafter 
m^ntioasd, and wirjn any other five mile* of the said 
road slm 1 in like manner I'e fnii-hcd, a toll gate may be 
erected thereon, vviili like powers. 

Sec. 7. Jf the said cor|iOiation do not vvitliin two } cars p^y^^f ,.„j^ 
after the passage of this act, comphtc three miles of the to he completed 
said road, and within five years th nafter complete the witf'i" three 
whole of the said road, then this act shall cease and beno^^*'*' 
longer in force. 

Sec. 8. William B. Ogden, George M. Dole, Gurdon 
S. Hubbard, Walter L. Newb ;rry, and John H. Kinzie, 
are hereby constituted a body politic and corporate, with 
a capital not excecdirig Hfteen thousand dollars, for the 
purpose of making a turnpike road to connect with the 
aforesaid turnpike road, and to terminate at the west end 
of Kinzie street in the said town rf Chicago, and 
they shall be entitled to the same privileges, and rates of 
toll per mile as is allowed by this bill, to the (."hicago and 
Fox river turnpike road company, which said capital stock Corporation 
offifteen thousand dollars, may bedivided into shares ofone oeateH to rou- 
hundred dollars each, and mndetransferrable and assignable pike*^r<aH "their 
in such manner as the said William B. Ogden, George W. powers and 
Dole, Gurdon S. Hubbard, Walter I< Newberry, and P^^i'^ges. 
John H. Kinzie, their successors and assigns, may di- 

|.gg^^ May erect tolf 

Sec. 9. On each ten miles of the Chicago and Fox riv ,;eivetor, the 
fr turnpike road, when completed according to the pro amomts of toll 
visionsof this act, the company may crcctonc full toll gate or'"''* received, 
two half toll ijatps, and demand and receive thereat, from 

f>ersons travelling the said road, the following tolls per mile, 
or pa sing any full toll gate, and half that sum for pass- 
ing any half toll gate, to wit: for every bull, bullock, ox, 
or heifer, two mills; for every sleep or hog, one mill; for 
every cart or four wheeled carriage drawn by two horses 
or other beasts, two cents and five mills; and for every ad- 
ditional horse or other beast, fwe mills; for every carriage 
drawn by one horse or other beast, one cent and five mills; 
for every pleasure carriage drawn by two horses, two cents; 
for every sleigh or sled drawn by two horses or other 
beasts, one cent; for every sleigh or sled draw n by one 
horse, five mills; and for every horse or mule led or 
driven, three mills. Authf rised to 

Se. lO. The said Chicago and Fox river turnpike road "f^' * '°" 
company, be and they are hereby authorised to erect a pgj pi^us^ 
toll ttridge across the Des Plains river, at the place where 
the said turnpike road shall cross the said river, and keep 
rhe same in good repair, and shall allow at hU times aspee- 



108 INC'ORPOIIATION LA\^« 

6y passage to all persons, and their property orer it, upon 
the receipt of the toll as hereinafter provided by this act; 
the said bridge shall be built in a good a jid substantial 
manner, and kept in good repair, and when the said bridge 
shall be completed, the said Chicago and Fox river turn- 
_, pike road company shall have the right to place at either 

gatVandTrt- *'"*^ ^^ ^"''^^ bridge, a toll gate, and ihey are hereby author- 
ceive toll, pnd ised to ask and demand fiom all persons crossing the same, 
ratei. ^hg following rates of toll, to wit: for each score of hogs, 

sheep, or goats, twenty-five cents; for each mule, ass, or 
horse, four cents; for each head of cattle, four cents; for 
each horse and wagon or other vehicle, twelve and a half 
cents; for each wagon or other vehicle drawn by two hors- 
es or oxen, twenty-five cents; for each wagoner other 
vehicle drawn by more than two horses or oxen, thirty 
seven and a half cc^^is; for each man and horse, six and 
a quarter cents, and for each footman one cent. 

Sec. II. That Julius M. Warren, Richard M. Sweet, 
Commitsionors ^"*^ Isaac D. Ilarmion, all of the county of Cook, shall be 
to«urveyand and they are hereby appointed commissioners to survey 
lojateroad, &and locate the said turnpike road authorised by this act, 
Jocat'ion!'^'^ " ^^^ ^^^^^ make a report of the location of the said road, 
and file the same with the clerk of the county commission- 
ers court for the county of Cook« 

Sec. 12. The said Chicago and Fox river turnpike 
Corporation to ^^^^ company shall be and remain incorporated by virtue 
beiii force 20 of thi« act for twenty years, and not longer; Provided, The 
yean. county commissioners for the counties through which the 

Proviso. said Chicago and Fox river turnpike road company pass- 

es, shall assume the said road, and pay the stockholders of 
the same, the ^appraised value of the said road: two ap- 
praisers shall be named by the county commissioners, and 
the third by the stockholders of the said road. 

Sec. 13. This act may bo at any time amended or re- 

Appbovbd March 1, 1837. 



In force Ut AN ACT to incorporate the Edwardsville and Chippewa Rail Roa;d Corn- 
March, 18 i7. pany. 

Sec. I. Be it enacted by the People of the State of Illinois, rep' 
Pereona iaear- resented in the General Assembly, That Benjamin F. Bd- 
porated wards, Alexander Trinvmer, A. K. Skidmore, Enoch Wea- 

thers, Silas Reed, and such other persons as may associate 
with them, for the purpose of constructing a rail road froni 
Edwardsville to Chippewa in the county of Madison, be, 



LXCOUPORATION LAVV3. 160 

and they are hereby constituted a body corporate, for 

the term of forty years, and no longer, by the name of the Naia« thereof 

"Edwardsville and Chippewa Rail R.oad Company," and 

by that name may sue and be sued, defend and be defend- Powers 

ed, in law and equity, in all courts whatsoever, and by To have a 

that name shall be capable of succession; may have and *^°'°'"°" ^"^^ * 
I 1 • 1 ,1 1. 1 L i. 1 make by-laws 

use a common seal, which they may alter and change at plea- 
sure; and may make and establish such by-laws, rules and 
regulations, as shall from time to time appear necessary to 
the said corporation for the government of said corpora- 
tion; and may transport upon said rail road, property or-And may 
persons, by the force of steam or animal power, or any '*'^"*P°^^' 1"^°?* 
mechanical power, or by the combination of the same; tOso„g 
erect toll-houses, and all otl>er buildings for the accommo- 
dation of their concerns, and to collect tolls so soon as Erect toU-hou- 
any part of said rail road shall be finished. ses.&c 

Sec '2. If the said corporation hereby created, shall not 
within one year from the passage of this act, commence When to be 
the construction of said road or way, and expend at least '1°'""^®"'^^^' 
the sum of two thousand dollars thereon, and shall not *' 
within ten years from the passage of this act, construct, And when firt 
finish, and put in operation, the said rail road, then the ^^^^'^ 
said corporation shall forever cease, and this act shall be 
null and void. 

Sec. 3. The capital stock of said corporation hereby Capital Btocic 
Created, shall be fifty thousand dollars with liberty for 
said company, if they shall deem it necessary, to increase 
the same to one hundred thousand dollars, which shall be 
divided into shares of fifty dollars each, and which shall Sharw 
be transfcrrable in such manner as said corporation may 
direct; and the same shall be deemed personal property. 

Sec. 4. Benjamin F. Edwards, Alexander Trimmer, A. 
R. Skidmore, Enoch Weathers and Silas R«ed, shall be 
commissioners, the duty of whom, or a majority of whom it Commissioiurg 
shall be, within six moiiths from the passage of this act, at »» open books , 
the towns of Edwardsville and Chippewa, to open books 
and receive subscriptions to the capital stock of said cor- 
poration; and twenty days public notice of the time and Notice thereof 
place of opening such books shall previously be given in a 
newspaper printed in Alton; and the said commissioners 
shall, at the time of subscription, by any person or persons 
for the capital stock of said corporation, require the pay- 
ment to them, by the person or persons subscribing, of five Amount to bd 
dollars towards and upon every share of fifty dollars so ^j||,iT°" '"'' 
subs^ibed, and unless the same shall be paid, the subscrip- 
tion shall be invalid. And in case a greater anrount of When too 
capital stock shall be subscribed for than fifty thousarfd ;,"J''='' '"''*"'^ 
dollars, the said commissioners may cither retain the sub- 
scriptions as an enlargement of the capital stock; Provid- Proviso. 



170 IKCOIIPOIIATIUN LAW8i 

ed^ Said subscriptions do not exceed one hundred thousand 

dollars, or shall distribute the stock in such a manner [as] a 

majority of them shall deem most advantageous to the 

interests of said corporation; but in case the capital ^tock 

If not enough shall not bc Subscribed for, then the said commissioners 

subscribed to shall bc authorized to re-open said books for the subscrip- 

re-opeii books ^j^^ of stock, at suchtimcs and places,and in such manner, 

and after such notice, as they or a majority oi them shall 

direct. 

Whoii stock Sec. f). Whenever said capital stock shall have been 

subicribed. subscribed, and distribution made thereof as aforesaid, or 

cominissioiievs V^ . i j n c -j ^ i i iii 

to give notice as soon as iiltecn thousand dollars of said stock shall be 
of meeting, &. taken, it shall bc the duty of said commissioners to give 
wiiere twenty days notice in a newspaper printed in Alton, for 

a meeting of the stockholders of said company, to meetin 
Diiectors to be Edwardsville, to choose five directors, and such ciettioa 
chosen. shall then and there bc made by such of the stockholders 

How to \ots as shall attend, either in person or by lawful proxy; each 
share of the capital stock owned ten days previous to the 
Cvdy on which any election for directors shall take place, 
shall entitle the owner and holder to one vote, cither per- 
sonally or by proxy; said commissioners sliall be inspectors 
of the first election of directors of said company, and 
shall certify under their hands the names of tliose duly 
elected, and deliver over the subscription money, books 
and papers, to said dircclors; and the time of holding the 

How niootriga ^ ^^ meetiiicr of the directors shall be fixed by the said corn- 
to be heltl . . o '' 
missioncrs. 

Directors to ggc. 6. The directors are hereby auLhorized to make 
cause exanuiia- ^^^ cause to be made, such examinations and surveys on 
veysto be the aforesaid rail road route, as they shall deem necessary 
iii..cie and proper for the purpose of carrying into clfect the ob- 

ject of said corporation; and they are hereby authorized 
May enter up. ^q enter upon, and take possession of, and use, all such 
lands' '^^^ lands as may be deemed necessary for the construction 
and maintenance of said rail road; and may also hold and 
take, all voluntary grants and donations of land, to aid in 
the construction, maintenance and accommodation of their 
said rail road; and all lands entered upon and taken for the 
use of the said corporation, which are not donated to said 
How paid fur corporation, shall be paid lor by the said corporation at 
such price as may bc mutually agreed upon by said cor- 
poration and the owner or owners of such land; and in 
In case of dis-case of disiigreement the price shall bo estimated, fixed 
agreement ^nd rccovcrcd, in the manner provided by law for the re- 
covery of damages happening by the laying out of high- 
ways. 
Lauds belong- Sec. 7. Wlicn the land?, or other property, or estate of 
ing to feme ^^y married woman, infant, or person non compos mentis, 



INCORPORATION LAWS. 171 

shall be necessary for the construction of said rail road, covert orper- 
the husband of such married woman, and the guardian of ^^^"j;?;> *^°'"»'°' 
such infant or person non compos mentis, may release all 
damages in relation to the land or estate, to be taken and 
appropriated as aforesaid, as they might do if the same 
were holden in their right respectively. 

Sec. 8. The directors of said company may, on a vote 
of four-fifths of all the legal votes in said corporation, (six- 
ty days public notice having been given) have power to 
build a Macadamized road along the same route, in lieu of Koad may bo 
the railroad hereby provided to be made, with the same -^^V^''^'""'"^' 
powers, rights, immunities and privileges, and subject to 
the same laws, rules, regulations and responsibilities in re- 
ference to all the povi'ers, vested in th^m as are above pro- 
vided, for making said rail road, and enjoying the bene- 
fits resulting therefrom. 

Sec. 9. Said company shall construct Ihcirsaid rail road ShaHbe con- 
across creeks, lail roads, turnpikes and other public ways, ^'^^'^^^*^^'^^^^^^"""^ 
so as not to hinder, obstruct or interfere with the passage i,ow 
and free use of such public ways; and if said rail road 
shall not be so constructed, it shall be lawful for the per- 
sons aggrieved to abate the same, in the same manner as 
is now provided by law for the removal of obstructions to 
public ways. 

Sec. lU. If any person shall wiifally, maliciously or 
wantonly and contrary to law, obstruct tiic passage of any Obftmrting 
car on s;iid rail road, or any point thereof, or any thing said road 
belonging thereto, he, she, or they, or any person assisting, 
shall forfeit and pny to said company for every such of- 
fence, treble such damages as shall be proved, before any Penalty there- 
court competent to try the same, to be sued for in the name for, bow reco- 
and in behalf of said company; and surholFenders shall be ^*^^^ 
deemed guilty of a misdemeanor, and liable to indictment Iiuiictment 
in the same manner as other indictments are found, in any 
county or counties where such olfcnce shall have been 
committed; and upon conviction, such olfender shall be 
liable to a fine not exceeding five thousand dollars, for the Fino 
use of such county whore such indictment may be found, 
or may be imprisoned not exceeding one ycai', at the dis- Imprisonment 
cretion of the court before whom the conviction may be 
had. 

Sec 11. For the purpose of facilitating the construe- Company an- 
tion of said rail road, as contemplated and authorized by ti'o'iz^d to ne- 
this act, the said company is authorized to negotiate a loan "^"^ ^^^" 
or loans of money, to the amount of its capital stock, and 
to pledge all of its property, real and personal, and all of 
its rights, credits and franchises, for the payment thereof. 

Sec 12. The company shall be authorized to loan any Authorized to 
part of its funds, at any rate of interest allowed to be ta- ""^^^ '"^"» 



m 



INCORPORATION LAWS. 



One-half per 
ceutitobepajd, 
and where 



What re«l ee- 
tate may be 
held by coBipa- 
ny 



President and 
^easurer to 
make affidavit 
annually of a- 
mount of stock 



ken by the general laws of the state, in relation to interest 
upon money, and to take such security for the payment 
thereof as may be sufficient to secure the same. 

Sec. 13. The said corporation shall pay into the trea- 
sury of the county of Madison, on the first Monday of Jan- 
uary annually, after the election of directors as provided 
by this act, one-half per cent upon the amount of stock ac- 
tually employed by said company, as a tax, which shall be 
in lieu of all taxes or assessments upon the stock and pro- 
perty of said company, for county purposes. The stock 
employed by said company shall be considered the amount 
of money expended by the company for the uses and pur- 
poses herein authorized. 

Sec. 14. The said company shall not be authorized to 
purchase or hold any real estate, except such as n^ay be re- 
quired for the construction of the road and the convenient 
use of tlie same, and such as may be necessary to obtain 
timber and materials for the construction and maintenance 
of said road; and except also, such as may be taken for the 
payment of debts due, or purchased at sales under decrees 
or executions in favor of said company; and all real estate 
taken in payment of debts, or purchased under any cxecu- 
iion or decree r.g aforesaid, shall be sold within three years 
from the time of purchase, otherwise the same shall bo 
forfeited to the State of Illinois. 

Sec. 15. The president or treasurer of said company 
shall, on the first Monday of January annually, make an 
affidavit beforethe clerk of the county commissioners' 
court, or some justice of the peace of said county, to 
the amount of capital employed by said company at tho 
time of making such affidavit, and the tax herein author- 
ized shall be assessed upon the amount stated in the affida- 
vit. 

Approved tst March l83T. 



In force, 1st 
March, 1837 



Corporation 
^reateJ 



AN ACT to incorporate the Washington Manufacturing Company. 

Sec. 1. Be it eyxackd hy the people of the State of Illinois^ 
represented in the General Assembly^ That John Lindley, 
Charles S.Dasey, Daniel White, E. A. Whipple, and Elisha 
Haines and their associates and successors are hereby de- 
clared and constituted a body corporate and politic by the 
name ofthe" Washington Manufacturing Company," for the 
purpose of manufacturing flour, meal, cotton, woollen stuff 
and goods, lumber, machinery, hemp, flax, and all kinds of 



INCORPORATION LAWS. 17J 

grain, or either of them separately; and by that ntime, 

they or their successors shall sue and be sued, plead and 

be impleaded, contract and be contracted with; they may j^^y sue t, b* 

have a common seal, may change and alter the same at sued, and have 

pleasure; may purchase, hold, improve, and sell and con- aco'T"no'> seaj 

vey any estate, real or personal, which may be deemed ^^°^'^ ^"'' *^°"" 

■'•',' A 1 • r 'J .• vey real estat* 

necessary to carry on the businesss oi said corporation, 
and the objects of its creation: Provided, The real estate Proviso. 
of said company shall at no one time exceed one half sec- 
tion of land except such as may be held as collateral secu- 
rity for debts bo7ia fide owed to the said corporation, or 
may become the property thereof by virtue of such in- 
debtedness, which said real estate, except the one half 
section aforesaid, shall be sold by said corporation within 
three years from becoming such real estate. 

Sec. 2. The capital stock of said company shall con- Amount of 
sist of ten thousand dollars, which shall be divided into Capital «tock 
shares of one hundred dollars each, which capital stock 
may at any time hereafter, if necessary to carry on the 
business of said corporation, be increased to an amount 
not exceeding twenty-five thousand dollars, to be sub- 
Bcribed and taken in the same manner as the original 
stock. 

Sec. 3. That within two years from the first of April n- „„ « 

.,,,, , , f I ^^ 1 1 JJjrectors to 

.next, it snail be the duty ot the directors to liave erected, erect a build- 
in or near the said town of Washington, a buihling suita- '"g for a mill^ 
.ble fon fi mill house of at least forty feet in width by sixty ^°"^* 
feet in length, and not less than two stories in height, of 
durable materials, of brick or wood or both, and to have 
in progress of completion the mill work adapted to the 
use of one nair of French burr stones of at least four 
and [a] half feet in diameter, and a steam engine for the 
purposes aforesaid of at least thirty horse power, and to 
proceed as rapidly as possible to the completion of the 
objects proposed in this apt, having in view the dura- 
bility of the several buildings, the perfection of the ma- 
chinery, and the ultimate profitable investment of the 
stock. 

Sec. 4. All contracts of said corporation shall be sub- Contracts to b« 
scribed by the president, and tested by the secretary, tesigj" '*" 
and binding on the said corporation, without the seal of 
the same, according to the tenor, etfect, true intent, and 
meaning of this act. 

Sec. 5. The persons named in the first section of this powerofdirec- 
act are hereby constituted directors for the time being tort 
with the same powers as aVe given to the directors in this 
act, and until one'haif of the stock is subscribed and 
actually paid in; and when one half of the stock shall 
have been subscribed for, and actually paid in, they shall 



174 INCORPORATION LAWS. 

To appoint rn- appoint two inspectors to superintend the first election, 
spectors, aivi ^j^q sh^ll, prcvious to entering upon their duties, take 

their duties ju-l i,^ °. '. ^,i ',. 

and subscribe an oath before a justice of the peace, that 
they will faithfully and impartially discharge their duties 
as inspectors, and shall give notice to the stockholders of 
the time when and the place where an election will be 
held for the purpose of electing a board of directors, 
Notice of elec ^}^j(,jj g^^jj nolicc shall be published in some newspaper of 

tioiis iU cii i. i 1 -11 • 1 -^ . ^ 

tne atate at least eight weeks successively, previous to 
the said election, 
dfcted""^^ ''^ Sec 6. The stockholders may, after said notice, elect 
by ballot a president, secretary, and three directors, to 
Term of office continue in office one year, and until their huccessors are 
appointed; but in case of death or resignation, such va- 
cancy may be filled as the said directors by their by-laws 
Pioviso niay prescribe: Provided, That no stockholder shall have 

more than one vote in any meeting of said corporation. 
Stock deemed ^^^* '^' "^^^ stock of said corporation shall be decm- 
peiBonai pro- cd personal property, and assignable and transferrable 
perty, &, trans- on the books of the said corporation. But no stockholder, 
®"^ ^ indebted to the corporation, shall be permitted to make 

a transfer, until such debt be paid, or secured to be paid 
to the satisfaction of the directors. 

Sec. 8. The stock not disposed of by the commis- 
issued TcMird- sioncrs as above named shall and may be issued by the 
h)g to by-laws directors for the time being, according to the by-laws and 
regulations of said corporation. 

Sec. 9. The company shall at all times keep, or cause 
Company to |.q fjg kept, proper books of accounts, in which shall be 
keep books, & . ^ 'i ii i , ,. r .< • i 

subject to in- registered all the transactions ol the said corporation, 
spectioii and the same shall at all times be subject to the inspec- 

tion of the stockholders; and it shall be the duty of the 
directors, to make annual dividends of so much of the 
profits of said company as to them, or a majority of 
them, shall appear advisable; and they shall, when re- 
quired, exhibit to the stockholders a full and perfect state- 
ment of the debts, and such other matters as to the said 
stockholders may be required. 

«, „ ,, .„ Sec. 10. The treasurerelcctcd by said stockholders shall, 

1 veasurer to , ~ . i i • /• i • rr i j 

give bond of bciore entering upon tiic duties oi his otlicc,give a bond to 

office thecompany in a sum satisfactory to thedirectors, butmay, 

for any good cause stated on the books of the corporation, 
be removed by said directors, and another appointed for 
the remainder of the year, and until his successor is 
elected. 

Sec. 11. The directors, named in the first section of 
Directoii to ^j^jg ^^. gj^^jj immediately, on the election of the direct- 
pay over mo- ' .i i • .i "^ .i i- r ^l- ^ 
J,py ore, as prescribed in the seventh section ot this act, pay 

oyer all monies which they may have received for sub» 



INCORPORATION LAWS, 175 

isctiptions for stock in this corporation to said directors 
elected. But in case of failure in taking up the ten thou- 
sand dollars capital stock, as named in this act, at the 
first opening of the books by the above named directors, then 
the said directors may, if they, or a majority of them, 
think it advisable, cause another notice to be published ^""" ^° ^® 
for three weeks in some newspaper, and the books to be 
opened as before. 

Sec^ 12. The said company shall provide a safe and Company to 
convenient place of deposit for all grain and other mate- '"^l^® ^ .p''^' 
rials, to be manufactured or disposed of at their mill, or° ^P°^"^ 
place of use; and in case said company shall fail so to 
do, or shall refuse to deliver at all suitable times the pro- 
perty belonging to any person out of and from said mill 
or factory, after a tender is made to the agent of 3aid 
company for the manufacture of said property, then the 
said company sliail forfeit treble the amount of the pro-C^f^pany may 
pcrty detained or lost by their negligence, which fact j°^g^|,'g ""^ "^^' 
shall be determined by an action on the case in any court 
having cognizance of the same. 

Sec. 13, All process against said company shall be Form of pro- 
served on the president of said companv, or left at the "''^ "S'*'"^' 

• 11 /- !• ,\ • 1 i ." •/• I • 1 -11 company 

mill or lactory oi the said company; but, ii the said mill 
shall be shut, a copy of the said process may be left at 
said mill or factory, and placed up in some conspicuous 
place on said mill, which shall be deemed a good ser- 
vice. 

Sec. Ii. This act is hereby declared to be apublic act. Declared a 
and shall be construed frivorably for the purposes herein Public act 
contained, and the corporation shall not be dissolved by rea- 
son of failure to elect its officers annually: Provided,, Its 
officers are elected within six months after the period 
fixed for such election. 

Approved 1st March, 18 .7. 



AN ACT to iiicorporata the Liberty and PinckiicyvlHe Rai! Road Company r Cq^c^ March 

]6t. 1837 
Sec. 1 . Be it enacted by the people of the State of Illi- 
nois, represented in the General Assembly, That Samuel Company in- 
Maulkcs, John Sterns, Harvey Clendennen, JosiahB. Den- <=°'p°'^'«'»- 
ning, and Gabriel Jones of Randolph county, and James 
Bradley, Daniel B. Tuttlc, and William Limurick oi Jack- 
son county, and Humphrey B. Jones, William Edwards, 
William Murphy, and David Bald ridge of Perry county ,and 
their successors in office duly elected as hereinafter direct- 



176 INCORPORATION LAWS. 

ed, are hereby constituted and appointed a body politic and 
Name corporate, and by the name and style of the Liberty and 

Pinckncyville Rail Road company, shall be able and ca- 
Powers. pable in law and equity, to sue and be sued, plead and be 

impleaded, defend and be defended, answer and be an- 
swered unto, in any court of competent jurisdiction, to 
make and use a common seal, and the same to alter, change, 
or renew, at pleasure, and shall be able and capable in 
law to make contracts and enforce the same, and to nrakc 
and enforce the necessary by-laws, rules and regulations 
to enable them to carry into effect the provisions of this 
act, and the objects contemplated by the same, not incon- 
sistent with the laws and constitution of this State, and of 
the United States. 
Capital slock Sec. 2. The capital stock of said corporation shall be 
and shares. Q,^g hundred and lift j thousand dollars, divided into share* 
of fifty dollars each. 

Sec. 3. The above named persons or a majority of them' 

may meet at such time and place as they may agree on, 

Company how j^j^ j orcranisc said corporation by elcclincr one of their own 

organized. iji •■! i r i" •. 

body to be president, and alter such organization, any 
three of the board shall form a quorum, but after an 6lec- 
Quoruin. tion for directors it shall require live to form a quoram. 

Sec. 4. The corporation shall have powers to appoint 
Power of cor- agents, clerks, treasurers, surveyors, engineers, saperin- 
poratjon to ap- tendants, artists, and all other officers and persons neces- 
Oth"er°mr^'''^^^y to carry into etTect the objects of this act; they shalF 
er powers, j^^^p ^ journal of their proceedings, in which shall be en- 
tered all by-laws, rules, rogulations, and all other orders 
for the payment of such allowances as may be made to^ 
their officers and all others in their employ, which journal 
shall from time to time be read by the board, and if found 
correct shall be signed by the president, when the presi- 
dent is absent, they may appoint a president pro-tempore,^ 
they shall fill all vacancies to their own body, 
iooks to be ^^^' ^' '^^^ Corporation shall cause books to be opened' 

opened for sub- for subscription to the capital stock, at such time and 
scription to place Of placcs as they may choose, due notice of which 
Capital stock, ^j^gjj ^^ g-^,^j^ j^ ^^^j^ ^j- ^YJiich books the following en- 
try shall be made, "we the undersigned promise to pay the 
sum of dollars for each share of stock set op- 

. posite our names, in such manner and proportions, and at 

Entry hi books, gy^lj time and place as the president and directors of the 
said rail road company may direct, witness our hands this- 
day of A. D. 183 ." 

Sec. C. It shall be lawful for all persons of lawful age, 
Sribefo^clpN ^^"^ ^^^ agent of any corporate body, for the agent of any 
ad stock. State on behalf of the same, to subscribe for any amount 
of capital stock. And the books shall be kept o^ en for 



lNCORPdRATIOi\ LAWS. 177 

such space of time, and at such place or places as the cor- 
poration shall choose, and they shall have powers on their 
own credit to borrow money on such terms as may be Corporation 
agreed on by the parties, the corporation may require ™ay borrdw 
such sum of money to be paid at the time of subscribing, """"^y 
not exceeding five dollars on each share as they may thiuK Amount to b^ 
proper, which requisition shall be equal on all, and made P^'^ on each 
known in the notice for opening the books* *''"° 

Sec. 7. As soon as 
are subscribed, and five dollars paid on each share, it shall 
be the duty of the corporation to give two weeks notice 
thereof, in one of the nearest newspapers printed in this 
State, and in such notice appoint a time and place for the 
stockholders to meet and elect seven directors, who shall Directors when 
be stockholders and citizens of this State, which election elected ' 
shall be conducted by two judges appointed by the stock- 
holders present, and the persons having a plurality of votes Election, hbw 
given and counted in public, shall be declared duly elected. *='°^"<="'* 
jfn all elections, each stockholder shall be entitled to a 
vote for each share not exceeding ten, and for every five 
shares above ten, and votes may be given by the persons 
Owning the same, or by one of any partners, or by the hus- 
band) father, mother, administrators, or executor, trustee or 
guardian, or by any authorised agent of any corporation 
or State; and every person having a right to vote, may 
vote by proxy. 

Sec. 8. It shall be the duty ol the directors elected as president 
above, to meet as soon thereafter as they conveniently 
can, and elect one of their own body president; and the 
president and directors thus elected, shall continue in of- 
fice until the next annual election, and until their succes- 
sors are appointed and organised. 

Sec 9. AH elections after the first, shall be held on the Elections, when 
first Monday of October annually, under the direction of ^^''^ 
any three stockholders to be appomted by the stockholders 
present: Provided, That if from any cause whatever. Proviso 
there should be no election held on the day appointed by 
this act, or by the directors for the first election, it shall be 
lawful to hold the election on another day. 

Sec. 10. Certificates of stock shall be given to the Certificates of 
stockholders, which shall be evidence of the stock held; stock, how sign- 
they shall be signed by the President, and countersigned *.'^^"^^*^°""*"' 
by the clerk. The stock shall be transferrable on the sfodc transfer- 
books of the corporation only, personally or by an agent, rabi« 
or attorney, or by the trustee, executors, or guardian, but 
such stock shall at all times be holden by the corporation 
for any dues from the holders thereof, to the corporation, 
or for any sum that may thereafter become due on a con- 
tract made prior to such transfer. 

23 



178 



INCORPORATION LAWS. 



Corporation 
may call in per 
tions of stock 
subscribed 

20 days notice 



Persons failing 
to pay amount 
otbitock subscri- 
bed, how liable 



Bonds 



Powers of cor- 
poration to 
mark & survey 
routo 



CforporatSon 
may obtain 
lands, &c. 



May receive 
gifts, grant!, 
&c. 



Sec. ll. The corporation shall have powers lo call for 
such proportions of the stock subscribed, not exceeding 
twenty-five per cent, of the amount of stock, every six 
months, as they may think proper, to be paid at such time 
and place as they may designate, by giving twenty days 
previous notice in some newspaper printed in this State, 
or by giving written notice to the stockholders. In all such 
notices the amount on each share demanded, and the time 
and place of payment shall be set fourth; and if any stock- 
holders shall neglect or refuse to pay such requisition 
within ten days after the time mentioned for such pay- 
ment, the corporation may bring suit against such delin- 
quent, for the amount due, in any court of competent ju- 
risdiction, and recover the amount with two per cent, per 
month interest thereon, for such detention; and if the 
amount cannot be made on execution, or if such delin- 
quent is out of the State, then the corporation may, three 
months thereafter, by an order on their books, declare 
such stock forfeited to the corporation, with whatever a- 
mount may have been paid thereon, and the same shall 
thereby be absolutely forfeited to the corporation. 

Sfx'. 12. The corporation shall require of all officers and 
others in their employ, bonds with security to their satis- 
faction, with such penalties as they may think proper, for 
the faithful performance of their respective duties. 

Sec. 13. The corporation, by their agents, shall have 
full powers from time to time, to examine, survey, mark, 
and locate the route for a rail road, for a single or double 
track, commencing in Liberty in the county of Randolph, 
and running on the best ground for the interest of the com- 
pany, and convenience of the public, by Pinckncyville in 
Perry county, to the nearest and most convenient point 
of junction with the central rail road, with full power iir 
all cases to diverge from a direct line, where more favour- 
able ground can be had for the construction of the said 
road. 

vSec. 14. It shall be lawful for the corporation either 
before or after the location of any section of the I'oad, to 
obtain from the person or persons through whose land the 
same may pass, a relinquishment of so much of said land 
as may be necessary for the construction and location of 
the road, as also the stone, gravel, timber orotherfmaterials 
that may be obtained on said route, and may contract fof 
stone, gravel, timber, and other materials that may be ob- 
tained from any other land near thereto; and it shall be 
lawful for said corporation to receive by donations, giftr, 
grants, or bequests, land, money, labor, property, stone,- 
gravel, wood, or other materials for the benefit of said' 
corporation, and all such contracts, relinquishments, do* 
nations, gifts, grants, and bequests made and entered 



INCORPORATION LAWS. 179 

into in writing by any person or persons, capable in law, 
to contract, and any contract made in consideration of 
such location and for the benefit of the corporation, shall 
be binding and obligatory, and the corporation may have Contmcu 
their action at law in any court of competent jurisdic- binding 
tion, to compell the observance of the same; provided, Vtovivt. 
That all such contracts, relinquishments, donations, gifts, 
grants, and bequests, shall be fully and plainly mnde in 
writing, and signed by the party making the same. 

Sec. 15. That in all cases where any person through Any person le- 
whosclandi the road may run, shall refuse to relinquish '^^^.'"st°i"ej"»- 

* ■' ' 1 • 1 • quisn or con- 

the same, or where a contract between the said parties nact, how cor- 
cannot be made, it shall be lawful for the corporation to poraiion shall 
give notice to some justice of the peace in the county V^°^^^^ 
where the difficulties occur, that such facts do exist, and 
such justice shall thereupn summon the owner of said 
land to appear before him on a particular day, within ten 
days thereafter, and shall appoint twelve disinterested per- 
sons of the neighborhood, who shall, after taking an oath 
faithfully and impartially to assess the damages, and shall 
file a report thereof, with such justice, whereupon said 
justice shall enter judgment thereon, unless for good cause 
shown, and in case cither party should show sufficient 
cause why judgment should not be entered, the justice 
may grant a review of the premises, either with or with- 
out costs; j»/'0i7"c/c(/. That either party may appeal to the 
circuit court of the proper county as in other cases, and Proviso, 
such court shall appoint reviewers as above directed, who 
may report at that or the succeeding term, at the discre- 
tion of the court, and the judgment of the court shall be 
final, and the corporation shall thereupon pay the amount 
of said judgment to the owner or owners, or to the guar- 
dian or guardians of such owner or owners, if they are in- 
fants, or into the county treasury for the use of such own- 
er or owners if they are unknown. 

Sec. 16. That when said corporation shall have pro- VVheu corpov- 
cured the right of way as herein before provided for, ^^•°",i''?*"f''° 
they shall be seized in fee-simple of the right to said land, simple ' 
and shall have the sole use and occupancy of the same; 
and no person, body politic or corporate, shall in any way 
interfere therewith, molest, or disturb any of the rights Rights not to 
and privileges hereby granted, or that would be calculated be interfered 
to detract from or atfect the profits o{ said corporation. ^'"^ 
^ Sec 17. The corporation shall commence the construe- when road to 
tion of said road, any time within five years, and from be commenced 
time to time construct so much towards the point of des- &-compiew<i 
tination, as may be within the abilty, and to the interest of 
the company, and shall complete it within ten years from 
iti commencement. 



180 INCORPORATION LAW«, 

DuUes of cor- Sec. 18. It shall be the duty of said corporation when- 
roads'croffi the^^®^ ^^Y ^*^*® ^^ county roadnow established shall cross, 
wil road Of may hereafter cross the rail road, to make and keep in 

repair, good and sufficient cause ways, so that the free use 
of said road, shall not be obstructed, and in all cases 
where any persons shall own land on both sides of said 
rail road, and there shall not be any causeway for a public 
road leading from one tract to the other, the owner of 
such land shall have the right, free of any charge, to cross 
the same, and to make such causeway as may be nccessa- 
Piovijo. ry for the convenience of such owner; Provided, That 

such owner of land shall not injure or obstruct said road. 
Kind of carria- Sec, 19. It shall be lawful for said corporation to place 
gesthatmav be on or prescribe the kind of carriages that may be used 
on said road, whether propelled by steam or other powers, 
for the transportation of passengers, for all kinds of pro- 
duce, lumber, goods, wares, merchandise, or any other 
kind of property, and the corporation may charge and re- 
Toiig ceive such tolls and freights for the transportation of per- 

sons, commodities, and carriages on said road, or any part 
thereof, on bridges connected therewith, as shall be for the 
interest of the company, and the same to change, lower, 
Proviso. or raise at pleasure; jjror/rferf. That the rates established 

from time to time, shall be posted up in some conspicuous 
Furtherproviso place or places on said road; provided also; That if at the 
expirationof ten years, from and after the completion of said 
road, the nett income or receipts from tolls taking the ten 
years aforesaid, as a basis of calculation, shall have amount- 
ed to more than twelve per centum per annum upon the 
When &, how cost of the road, thc legislature may lake measures to al- 
rates of toll t^j. ^nd reduce the rates of toll in such manner as to take 
may e a eie ^^ ^j^^ overplus for the next ten years, calculating the a- 
mount of transportation on the road to be the same as the 
ten preceding years. At the expiration of every ten years 
thereafter the same proceeding may be had. 
Dividends Sec. 20. Annual dividends of so much of the profits as 

the corporation may deem expedient, shall be made on 
the first Mondays of January annually, unless the direct- 
ors fix on a different day, and paid to the stockholders as 
soon thereafter as can with convenience be done; but no 
dividend shall be made to a greater amount than the nett 
profits after deducting all expenses; and the directors may 
reserve such proportion of the profits, as a contingent fund, 
to meet subsequent expenditures, as they shall deem 
proper. 
Pe«ons injur- Sec. 21. That if any person or persons shall wilfully and 
jngworkB, how j^j^^^jj^giy^ injure or obstruct, said road, or any part there- 
*'*''^ of, or shall break, destroy, or deface, any work, edifice, 

device, toll or warehouse, belonging thereto, such person 



INCORPORATION LAWS 181 

or persons so offending, shall pay to the corporation five 
times the amount of damages actually done, with costs of 
suit, to be recovered by the corporation before any court 
having competent jurisdiction; Provided,, That all ac- 
tions commenced by the corporation for the recovery of 
damages, shall be commenced within six months from the 
time of such cause of action accrued, and not after. 

Sec 22. It shall be lawful for the county commissioners, County com- 
of each and every county through which said road may [ake'stock ""^ 
pass, for and on behalf of said county, to authorize, by an 
Order, as much of the stock to be taken as they may think 
proper. 

Sec 23. It shall be the duty of the corporation to cause Siatemenu 
a full statement of the atrairs of the company to be made 
and exhibited to the stockholders, at every annual election, 
or at any other general meeting of the stockholders. 

Sec 24. Should the capital herein granted not be suf Capital may be 

ficient to accomplish the intended work, the corporation increased, and 
, ^ - ^, 1111 . uumher of ai« 

may mcrease the same, and the. stockholders may at any lec tors red ucea 
general meeting, reduce the number of directors to any 
number not less than five, three of whom shall form a quo- 
rum for business. 

Sec. 23. The corporation shall in no case, directly or Restriction* 
indirectly, engage in any kind of trade, or deal in mer- "P°" incorpor, 
chandize, other than such as may be necessary to carry 
into effect the object contemplated by this act; nor shall 
said corporation, under any pretence whatever, enter into 
banking business for the purpose of receiving deposits, 
making discounts, or issuing bills of credits, or bil!s of re- 
ceipts, of any description, to pass as a circulating medium. 

Sec 20. The charter is limited to forty years duration; Charter limited 
and the corporation shall cause to be kept, a fair record 
of the whole expense of making said rail road, or any sec- 
tion thereof, with all incidental expenses, and also, a fair 
account of the tolls received; and the directors of said Directors to 
company shall make an annual report, in detail, of their make annual 
proceedings and expenditures, verified by the affidavit of veri^fied by affi- 
at least two of them, which report shall be filed in the of- davit 
fice of the secretary of State. 

Sec 27. If the Legislature of this State shall, after the 
expiration of ten years from the completion of said road, ^^f"' * ,"?°" 

I • • I 1 /• 1 I • 1 what condition 

make provision bylaw forthe re-payment to the said com-ioad to belong 
pany of the amount expended by them in the construction to the State 
ot said road, together with all moneys expended by them 
for permanent fixtures for the use of said road, with inter- 
est on such sums at the rate of ten per cent, per annum, 
together with all moneys expended by said company for 
repairs or otherwise, for the purposes of said road, after 
deducting the amount of tolls received on said road, then 



183 INCORPORATION LAWS. 

the said road, with all its fixtures and appurtenances, shall 
vest in and become the property of the people of this State. 
Public act Sec. 28. This act to be in force from and after its paS' 

sage, and shall be taken to be a public act. 
Approved 1st March, 1837. 



In force 1st "^^ ACT to incorporate the Semiuaries therein named. 

March, J8J7. 

Sec. 1. Be it enacted by the people of the State of Ulinoh^ 

represented in the Uencrat Assembly, That C. J. Satter, 

Joseph Tanner, William Gallagher, William Carter, Wi- 

Body politic &, s'^^ Jennj and Theron Baldwin, and their successors be 

corporate crea- and they are hereby created a body politic and corporate 

*•*'• by the name ot the "Trustees of the Waverly Seminary," 

_,^ , ^ and by that name and style to remain and have perpetual 
To have sue- •' . „,, .,•'. in, ■ ^.^ 

cession. Succession. Ine said semmary shall be and remain at or 

near Waverly, in the county of Morgan, and state of Illi- 
Numberoftrus-nbis. The number of trustees shall not exceed nine, ex- 
*"■' elusive of the principal or presiding officer, who shall ex 

officio be a member of the 'board of trustees, but no other 
instructor shall be a member of said board. For the pres- 
ent, the aforesaid individuals shall constitute the board of 
wes"^"'^""^' trustees, who shall hll the remaining vacancies at their 
pleasure. 

Sec. 2. That James Reno, John Evans, ^Justus Rider, 

Titus W. Yigus, Alfred W. Cavarly, John Allen and John 

w^j. I-.- jt Russell and their successors, be and they are hereby con- 

JlOdy politic at. Ill !•• 1 ill r \ 

corporate. stituted a body politic and corporate by the name ol the 

Name. "Trustees of the Carrollton Seminary," and by that name 

?.,il*^^ ^^^' and style to have perpetual succession. The said semin- 

petual success- ■ "^ , i , i '^ . • i r r^ 1 1 ^ 

Ion, ary shall be and remain in or near the town ol LarroUton 

in the county of Greene. The number of trustees shall 

Number of jjot cxcced nine, exclusive of the principal or presiding 

trustee!. officer, who shall, ra officio, be a member of the board of 

trustees, but no other instructorshall be a member of said 

board. For the present, the aforesaid individuals shall 

^ , constitute the board of trustees, who shall fill the remain- 
Board of trus- . .. ii • J- J- „ 
t«e(. ing vacancies at their discretion. 

Sec. 3. That Jamej Black, "William Ilodge, Asahel Lee, 

Thomas B. Hickman, N. M. McCurdy, Harvey Lee, John 

D. Goren and William C. Greenup, and their successors, 

be and they are hereby created a body politic and corpor- 

Fayette semia- ate, by the name ol the "Trustees of the Fayette Semina- 

&h\\ h ^y'" ^"^^ ^y ^'^^^ name and style, to remain and have per- 

ct^Qo.^^*' *"*^' petual succession. The said seminary shall be and remain 



Incorporation laws. 183 

at or near Vandalia. The number of trustees s'nall not 

exceed nine, exclusive of the principal or presiding officer, No. of trusteef* 

who shall, f.r o^czo, be a member of the board of trustees, 

but no other instructor shall be a member of said board. 

For the present, the aforesaid individuals shall constitute 

the board of trustees, who shall fill the remaining vacan- Board of trui- 

cies at their pleasure. '^*^' 

Sec. 4. That George Henderson, Nathan Kendall, 
Cliauncey Lee, Henry M. Blanchard, Ransom Swaliovv^, 
Philip Jarboe, Elijah Lott, Beverly W. HoUiday, Calvin 
Hagar, Wilson J. Drish, William Lane, Cyrus Tolman, 
Charles Gregory, Henry Robly, Smith Post, Timothy 
Ladd, Joshua Hanks, John Thompson, Charles Kitchens, 
John Henderson, Benjamin Smith, Daniel Henderson, and Trustee* of 
James Henderson, and their successors, be and they are ^^^'" '^^'^ 
hereby created a body politic and corporate, by the name ^*""""^' 
of the "Trustees of the White Hall Seminary," and by that 
name and style to remain and have perpetual succession. 
That said seminary shall be and remain at or near "White 
Hall, in Greene county, Illinois. The number of trustees j^ . 
shall not exceed t\venty two, exclusive of the principal or 
presiding officer, who shall, ex officio, be a member of the 
board of trustees, but no other instructor shall be a member 
of said board. For the present the aforesaid individuals 
shall constitute the board ot trustees. 

Sec. 5. That Isaac W. Hallam, J. Ilinton, J. C. Good- 
hue, George VV. Snow, J. M. Strode, Ebenezar Peck, 
John II. Kinzic, James H. Collins, J. B. Beauliien, D. 
Brainard, William JI. Brown, E. D. Taylor and J. W. C. 
Coffin, and their successors, be and they arc hereby crea- ^^^y P°^''i'= *^ 
ted a body politic and corporate by the name ol the chica'-'^osemiiw 
"Trustees of the Chicago Seminary," and by that nameary. 
and style to remain and have perpetual succession. The "^^ .^^^^ *"'^'' 
said seminary shall be and remain at or near Chicago, in*^®^'°"' 
the county of Cook, and the state of Illinois. The number 
of trustees shall not exceed thirteen, exclusive of the prin- 
cipal or presiding officer, who shall, ex oj/icio, be a member 
of the board of trustees, but no other instructor shall be a 
member of said board. For the present the aforesaid in- 
dividuals shall constitute the board of trustees, who shall 
fill the remaining vacancies at their pleasure. 

Sec G. That H. R. Norfolk, William CuUam, Thomas 
B. Ross, S. B. Slielledy, Isaac Lewis, C. S. Morton, James- 
Adkins, Nathan Ellington, Samuel Owens, Andrew Clark^ 
William Frost, Daniel Barhum, Levi Flener, David' 
Winkler, John Martin, James A. ]\Iitchell, James Ash- 
more, Reuben Canterberry, James Hite, William Allison, 
Lewis W. Tine and Joel Conely, and their successors, bei 
and they are hereby created a body politic and corporate^ 



184 



INCORPORATION LAWS. 



Trustees of 

Chailesto.i 

■einjnary. 



Equality soni- 
luajy. 



Lewiston sem 
iua ry . 

Succession. 



No. of trustees, 



jBcksonville 
•cmiiiary. 



by the name and style of the "Trustees of Charleston 
seminary," and by that name and style to remain and 
have perpetual succession. The said seminary shall be 
and remain at or near Charleston, in Coles county; the 
number of trustees? shall not exceed twenty-one, exclu- 
sive of the principal or presiding officer, who shall, ex 
officio, be a member of the board of trustees, but no other 
instructor shall be a member of said board. For the pres- 
ent the aforesaid individuals shall constitute a board of 
trustees. 

Sec. 7. That John Lane, Leonard White, Daniel Cur- 
tain, Charles Guard, Dr. A. B. Dake, William Hick, 
John Crneshaw. Daniel Wood and Samuel D. Hawk, 
and their successors, be and they are hereby created a 
body politic and corporate, by the name and style of the 
''Trustees of Equality Seminary," and by that name and 
style to remain and have perpetual succession. The said 
seminary shall be and remain at or near Equality, in the 
county of Gallatin, and State of Illinois; the number ot 
trustees shall not exceed nine, exclusive of the presiding 
officer, who shall, ex officio, be a member of the board of 
trustees, but no other instructor shall be. For the 
present, the aforesaid individuals shall constitute the 
board ot trustees, who shall fill the remaining vacan- 
cies at their pleasure. 

Sec. 8. That Stephen Dewey, Stephen H. Pitkm, Tru- 
man Phelps, Myron Phelps, Albert S. Miller, Newton 
Walker, William Proctor, Roger Veats, John P. Boid, 
Patrick H. Hart, Joseph Sharp, William Johnson, Hugh 
Lamastcr, and John McNeal, and their successors, be and 
they are hereby created a body politic and corporate, by 
■ the name and style of the "Trustees of the Lewiston Sem- 
inary," and by that name and style to remain and have 
perpetual succession. The said seminary shall be and re- 
main at or near Lewiston, in the county of Fulton, and 
state of Illinois; the number of trustees shall not exceed 
'fifteen, exclusive of the presiding officer, who shall, ex of- 
ficio, be a member of the board of trustees, but no other 
instructor shall be. For the present^ the aforesaid indi- 
viduals shall constitute the board of trustees, who shall fill 
the remaining vacancies at their pleasure. 

Sec. 9. That John T. Jones, William Brown, Truman 
M. Post, Otway Wilkinson, Matthew Stacy, and Fleming 
Stephenson, and their successors, be and they are hereby 
constituted a body politic and corporate by the name of 
the "Trustees of the Jacksonville Seminary," and by 
that name and style to remain and have perpetual suc- 
cession. The said seminary shall be and remain in the 
town of Jacksonville, in Morgan eounty; the number of 



LNCORPOIIATION LAWS 185 

trustees shall not exceed nine, exclusive of the priricipal No. of trustee*, 
or presiding officer, who shall, px officio, be a member of the 
board of trustees, but no other instructor shall be a niem- 
ber of said board. For the present, the aforesaid individ- 
als shall constitute the board of trustees, who shall fill the 
remaining vacancies at their pleasure. 

Sec. 10. That David Watt, Thomas Kibbey, Zalmon 
Carter, Ira Rowan, Levi Harlan, Thomas L. Killpatrick 
and Edward G. Minor, and their successors, be and that 
are hereby constituted a body politic and corporate, by the 
name of the "Trustees of the Winchester Seminary," Winchester 
and by that name and style to remain and have perpetual """"*^- 
succeession. The said seminary shall be located in the 
town of Winchester, in Morgan county; the number of 
trustees shall not exceed nine, exclusive of the principal or ^°* °'"*'"*'**" 
presiding officer of the institution, who shall, ex officio^ be 
a member of the board of trustees, but no other instructor 
shall be a member of said board. For the present, the 
aforesaid individuals shall constitute the board of trustees, 
trho shall fill the remaining vacancies in said board. 

Sec. 11. That Archibald Job, William Holmes, Stephen 
Lee, James Stephenson j Amos S. West, Joshua P. Crow,' 
and Reddick Horn, and their successors, be and they are 
hereby constituted a body politic and corporate by the 
name of the "Trustees of Sylvan Grove Seminary," Syivan Grove 
and by that name and style to remain and have perpetual seminaiy. 
succession. The said seminary shall be located at or near '^° Y^^^ ^^' 
sylvan grove, m the county of Morgan. The number of No.oftrusteef. 
trustees shall not exceed nine, exclusive of the presiding 
officer of the seminary, who shall, ex officio, be a member 
of the board of trustees, but no other instructor shall be a 
member of the board of trustees. For the present, the 
aforesaid individuals shall constitute the board of trustees 
who shall fill remaining vacancies in said board. 

Seg. 12. That David Marks, Joel Sugg, Wilham Stuart- 
David Hunter, Henry Lee and Jacob Chenworth, and 
their successors, be and they arc hereby constituted a 
body politic and corporate, by the name of the "Trustees ^mbaJy." 
of the Manchester Seminary," and by that name and style 
to remain and have perpetual succession; that said sem- 
inary shall be and remain in the town of Manchester, in 
Morgan county. The number of trustees shall not exceed gj,^,! „„( g, 
nine, exclusive of the prcsidng ollicer of the institution, ceed nine tiu»- 
who shall, ex officio, be a member of the board, but no other tees. 
instructor shall be a member of the board. For the pres- 
ent, the aforesaid individuals shall constitute the board of 
trustees, who shall fill the remaining vacancies in the 
board at their pleasure. 

Sec. 13. That Milton K. Alexander, Leander Maniel, 
24 



186 INCORPORATION LaUS. 

James Jones, Abner Paine, Jonathan Mayo, StepheA 
Miller, and their successors, be and they are hereby con- 
stituted a body politic and corporate, by the name and 
Pails seminary Style of the "Trustees of the Paris Seminary," and by that 
To have sue- name to remain and have perpetual succession. The said 
*'^^^'°"- seminary shall be located in the town of Paris, in Edgar 

No. of trustees county; the number of trustees shall not exceed nine, 
exclusive of the presiding officer of the institution, whd 
shall, ex officio^ be a member of the board of trustees, but 
no other instructor shall be a member of the board. For 
the present, the aforesaid individuals shall constitute the 
board of trustees^ who shall fill the remaining vacancies in 
the board at their pleasure. 

Sec. l4. That Thomas Wilbourne, Thomas Graham^ 
Thomas Pogue, B. W. Schneider, O. M. Long, Moses Per- 
kins, and Francis Avery, and their successors, be and 
Bearcistowa ^^^^Y ^^'^ hereby constituted a body politic and corporate^ 
semiuary. by the name of the "Trustees of the Beardstown Semin- 
ary," and by that name and style, shall remain and have 
perpetual succession. The said seminary shall be and 
remain in the town of Beardstown, in Morgan county. 
No, of trustees The trustees of said seminary shall not exceed nine, ex- 
clusive of the presiding officer of the institution, who shall, 
ex officio^ be a member of the board of trustees. For the 
present, the aforesaid individuals shall constitute the board 
of trustees, who shall fill the remaining vancies at their 
pleasure. 

Sec^ 15. The primary objects of the said institution 
Objects of in- ^^'^^^ ^c thc education of the youth of the country, and to 
stitution. fit and prepare them for the various duties di life. 

Sec. 1&. The corporate powers hereby bestowed shall 
Perpetual sue- jjg ^[^e fQlloyjring, viz: To have perpetual succession; io 
make contracts; to sue and be sued, plead and be implead- 
ed, and to grant and receive by their corporate names; to 
accept, acquire, purchase or sell property, real, personal, 
or mixed, in all lawful ways; to use, employ, manage and 
dispose of aU such property and all money belonging to said 
corporation, in such manner as shall seem to the trustees 
best adapted to promote the objects above mentioned; to 
To have a sea) \^^yQ a common seal, and alter and change the same at 
pleasure; to make such by-laws for the regulation of said 
institution as are not inconsistent with the constiiutiorf 
and laws of this state. 

Sec. 17. The trustees of said corporation shall have aU'' 

Toroguiatethsthority from time to time, to prescribe and regulate the 

course of stu- kind and course of studies to be pursued in said seminaries; 

^'®*' to fix the rate of tuition and other academical expenses; to 

appoint instructors and such other officers and agents as 

may be necessary, in managing the concerns of the instita- 



INCORPORATION LAWST. 187 

tions; to define their duties; to fix their compensation, and TofSxcompen- 
to displace or remove them; to erect necessary buildings; ^^^'°"°f'"- 
to purchase books, chemical and philosophical apparatus, 
and other suitable means of instruction; to make rules for 
the general management of the affairs of the institution, 
?ind for the regulation of the conduct of the students. 

Sec. 18. The trustees, for the time being, in order to 
have perpetual succession, shall have power to fill anjcies, 
vacancy which may occur in the board, from death, remo- 
val out of the state, resignation or other cause. A majority Majority shall 
ef the trustees for the time being, shall be a quorum to do ^^ " quorum. 
business. 

Sec. 19. The trustees of said institution shall appoint 
treasurers' bonds, with such security, in such penalty, and 
with such conditions as the said boards may prescribe. 

Sec. 120. The said institution shall be opened to all de- 
nominations of christians, and the profession of any par- Opf" to all 
ticular religious faith shall not be required of those who No'fluhV ui- 
f;ecome students. All persons, however, niay be expelled red. 
or suspended from said institutions by the trustees thereof, 
whose habits are idle or vicious, or whose moral characters 
ore bad. 

Sec 21. The lands, tenements, and hereditaments, to 
be held in perpetuity by either of said corporations, shall 
not exceed six hundred and forty acres; provided horoever^ P.oviso. 
That if any donations, grants, devises in lands, shall from 
time to time be made to either of said corporations, over 
and above the six hundred and forty acres, which may be 
held in perpetuity as aforesaid, the same may be received 
and held by said corporation, for the period of five years 
from the date of any such donation, grant, or devise, at Donatkns. 
the end of which time, if the said, lands shall not have been ^'^"''' 
sold by said corporation, then and in that case the said 
hands so donated, granted or devised, shall revert to the 
donor, grantor, or the heirs of the devisor of the same. 

Sec. 22. The provisions of this act, shall be considered 
as applicable to each of the corporations created as a sep- 
arate and distinct body. 

Appro VEP 1st March, 1837. 



AN ACT to incorporate Saint Mary's Cellege. In force March 

1st, 1837 
Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the Gmeral Assembly, That David Greenleaf, 
Reuben Graves,. John R. Nichols, James King, Ethan. 



iS& 



INCORPORATION LAWS, 



Body created 
Naiue 

WhciC located 
No. of trustees 



To filj vacan- 
cies 
Object 

Corporate 
powers 

To have suc- 
cession, and 
make contracts 



To hold & sell 
properly 



To have a seal 
To make by- 
laws 



Confer de^reci 



Prescribe stu- 
dies 

Appoint offi- 
cers 

Define duties 



Apparatus. 



To fill vacan- 
cies 
Quorum 



Kimball, William Lafou and Wesley Williams, and their 
successors, be, and they are hereby created a body pol- 
itic and corporate, to be styled and known by the 
name of the "Trustees of the Saint Mary's College," 
and by that style and name to remain and have per- 
petual succession. The said College shall be and re- 
main at or near Saint Mary's, in the county of Hancock 
and State of Illinois. The number of trustees shall not 
exceed twelve, one of whom shall be president of the board, 
to be chosen by the trustees. For the present the above 
named individuals shall constitute the board of trustees, 
who shall fill the remaining vacancies at their discretion. 

Sec. 2. The object of said corporation shall be the pro- 
motion of the general interests of education. 

Sec. 3. The corporate powers hereby bestowed shall be 
such only as are essential or useful in the attainment of 
said object, and such as are usually conferred on similar 
bodies corporate, to wit: To have perpetual succession; 
to make contracts; to sue and be sued, plead and he im- 
pleaded; to grant and receive by its corporate name, and 
to do all other acts as natural persons may; to accept ac- 
quire, purchase or sell property, real, personal or mixed, in 
all lawful ways; to use, employ, manage, and dispose of 
all such property, and all money belonging to said corpor- 
ation, in such manner as shall seem to said trustees best 
adapted to promote the object before mentioned; to have 
a common seal, and to change or alter the same; to make 
such by-laws for its regulation as are not inconsistent with 
the constitution and laws of the United States, or of this 
state; and to confer on such persons as may be considered 
worthy, such academical or honorary degrees as are usual- 
ly conferred by similar institutions. 

Sec. 4. The trustees of said corporation shall have au- 
thority, from time to time, to prescribe and regulate the 
course of studies to be pursued in said college; to fix the 
rate of tuition and other expenses; to appoint instructors 
and such other officers and agents as may be necessary in 
managing the concerns of said institution; to define their 
duties; to fix their compensation and displace or renaove 
them; to erect necessary buildings; to purchase books, 
chemical and philosophical apparatus, and other suitable 
means 'of J instruction; to make rules for the pjcneral man- 
agement of the affairs of the institution, and for the regu- 
lation of the conduct of the students. 

Sec. 5. The trustees for the time being, in order to have 
perpetual succession, shall have power to fill any vacancy 
which may occur in the board from death, removal, resig- 
nation, or any other cause. A majority of the trustees foj^ 
the time being shall be a quorum to do business. 



LNCORPOUATIOW LAWS. 189 

Sec. 6. It shall be the duty of the said trustees to ap- 
point one of their number treasurer to the board, who shall Treasurer to 
be required to give bond with sufficient security, in such l^*^^^^"** *° 
penal sum as the board may prescribe, conditioned for the 
performance of such duties as tlic by-laws may require of 
him. 

Sec. 7. Said institution shall be open to all denomina- Open to all de- 
tions of christians; and the profession of any particular re- """"""'O"" 
ligious faith shall not be re(iuired of those who become stu- 
dents; all persons however may be suspended or expelled Personsmaybe 
from said institution by the trustees thereof, whose habits *"^'' " ^ 
are idle or vicious, or whose moral character is bad. 

Sec. 8. The lands, tenements and hereditaments, to be 
held in perpetuity by virtue of this act, by said corporation, 
shall not exceed six hundred and forty acres; Proi"it/erf, P»o''SQ 
however, That if any donations, grants or demises in land, 
shall from time to time be made to said corporation, over and 
above the said six hundred and forty acres which may be 
held in perpetuity as aforesaid, the same may be received 
and held by the said corporation, for the period of five years Jtfayhoid lau4 
from the date of any such donation, grant or demise; at the ^ y®"* 
end of which time, if the said lands shall not have been 
sold by the said corporation, then, and in that case, the said Lands not k>14 
land so donated, granted or demised, shall revert to the *° '®^'"' 
donor, grantor, or the heirs of the devisor of the same. 

Sec. 9. That the trustees of said institution shall be au- 
thorized, at any time when they may deem the public good 
requires it, to establish and adopt the manual labor system,^*""*' ^'^^ 
and conduct the same in such manner as may be to the '^' ^"' 
interest of the institution and the benefit of the students. 

Sec. 10. That no religious doctrine peculiar to any one No religion to 
sect or denomination of christians, shall be inculcated by *>« inc"!^**** 
any professor in said college, but said institution shall at all 
times be conducted upon free, liberal and enligtened prin- To be on liber* 
ciples; and that nothing herein contained shall be so con- »• principles 
strued as to authorize the trustees at any time to establish 
a theological department in said College. 

Approved 1st March, 1837. 



AN ACT to incorporate the Kasliaskia Rcil Road Company. In force March 

1, 1837 
Sec. 1. Be it enacted bi/ the people of the State of Illinois^ 
represented in the General Assembly, That Pierre Men- 
ard, Nathaniel Pope, Edward Humphreys, John P.McGin- 
nis, Hippolite Menard, Miles A. Gilbert, William Br^wsir 



190 



INCORPORATION LAWS. 



Constituted a 
body politic 
and corporate 



Their powers 
and privileges 



To construct 
railroad 



Proviso 



Amount ofcap 
ital stock. 



Presiclent of 
board to ap- 
point clerli 



tep, John A. Langlois,JamesHughes, and David J. Baker^ 
and their associates, successors, and assigns, be and they 
are hereby made a body pohtic and corporate, under the 
name of the "Kaskaskia kail Road Company," and bj 
that name shall be and are hereby made capable in law 
and equity to sue and be sued, plead aftli be impleaded), 
defend and be defended, in any courtor place whatsoever; 
to make, have, and use a common seal, and the same to 
renew and alter at pleasure; and by that name and style 
be capable in law of contracting and being contracted 
with, and of purchasing, holding, and conveying real and' 
persona! estate for the uses and purposes of said corpora-, 
tion ; and shall be and are hereby vested with all the privileg- 
es and immunities which are or may be necessaryto carry 
into effect the purposes and objects of this act, as herein- 
after set forth. And the said corporation are hereby au* 
thorised and empowered to locate and finally complete a 
rail road, with a single or double track, commencing at or 
near the Kaskaskia Landing, on the Mississippi river, and' 
running thence east to a point on the Kaskaskia river, at- 
ornear the town of Kaskaskia, in the county of Randolph,, 
in such manner and form as they shall deem most expe- 
dient; and for this purpose said company are hereby au-. 
thoi'ised to lay out their road not exceeding ten rods wide- 
through its whole length; and for the purpose of cuttings 
embankments, and procuring timber, stone, or gravel, may 
take as much more land as may be necessary for the prop- 
ercorfstruction and security of said road: Provided, however^ 
That all damages that may be occasioned to any person or 
corporation by the taking of such lands or materials for- 
the purposes aforesaid, shall be paid for by said company 
in the manner hereinafter provided. 

Sec. 2. The capital stock of said company shall con-- 
sist of five hundred shares; and the immediate government 
and direction of the aftairs of said company shall be vest- 
ed in a board of not less than five directors, who shall be 
chosen by the members of the corporation in the manner- 
hereinafter provided, and shall hold their offices until oth- 
ers shall be duly elected and qualified to take their places 
as directors; a majority of whom shall form a quorum for 
the transaction of business, shall elect one of their mem- 
ber to be president of the board, who also shall be pres- 
ident of the company; and shall have authority to choose 
a clerk, who shall be sworn to the faithful discharge of 
his duty, and a treasurer, who shall give bond to the cor- 
poration, with sureties to the satisfaction of the directors 
for the faithful discharge of hisduty. 

Sec. 3. The president and directors for the time being, 
are hereby authorised and empowered, by themselves or- 



INCORPORATION LAWS. tDl 

their agents, to exercise all the powers herein granted to 
the company, for the purpose of locating, constructing and 
completing said rail road, and for the transportation of 
persons, goods, and merchandise, and all such powers and 
authority for the management of the affairs of the compa- 
ny, not heretofore granted, as may be necessary and prop- 
er, to carry into effect the objects of this company; to pur- 
chase and holdl ands, materials, engines, cars, and other ne- PTP^"^ '1 
cessary things, in the name of the company, for the use of ° ^" ^ 
the road, and for the transportation of persons, goods, and 
merchandise; to make such equal assessments from time to To make as- 
time on all shares in saidcoiporation, as they may deem sessments 
expedient and necessary in the execution and progress of 
the work, and direct the same to be paid to the treasurer 
of the company; and the treasurer shall give notice of all 
such assessments, and in case any subscriber shall neglect Treasurer to' 
to pay his assessment for the space of thirty days, after ^'^^ "«"'" of 
due notice by the treasurer of said company, the directors 
may order the treasurer to sell such share or shares atpub 
lie auction, after giving due notice thereof, to the highest 
bidder, and the same shall be transferred to the purcha- 
ser, and such delinquent subscribers shall be held account- 
able to the company foi the balance, if his share or 
shares shall sell for less than the assessment due thereon, 
with interests and costs of sale, and shall be entitled to the 
overplus,if his share or shares sell for more than the as 
sessment due,with interests and costs of sale : Provided^hozo- Proviso 
et-er, That no assessment shall be laid upon any share or 
shares in said company of a greater amount in the whole 
than one hundred dollars on a share. 

Sec. 4. The said company shall have power to make, or- Company td 
dain,and establish all such by-laws, rules and regulations P^^ by-laws 
and ordinances as they may deem expedient and necessary 
to accomplish the designs and purposes, and to carry into 
effect the provisions of this act, aud for the transfer and 
assignment of its stock and the conveyance of property, 
and the well ordering, regulating, and securing of the in- 
terest and affairs of the company; Provided, hozvever, the 
same be not repugnant to the constitution and laws of this 
state or of the United States. 

Sec. 5. A toll is hereby granted and established for the Company may 

,, i'^ r • 1 •' " 11 1 demand and 

solebencntot said company upon all passengeis and proper- receive toll 
ty of all description which maybe conveyed or transported 
upon said road,at such rates per mile as may be agreed upori 
and established from time to time by the directors of said 
company, the transportation of persons and property, the 
the construction of wheels, the form of cars and carria- 
ges, the weight of loads, and all other matters and things 
in relation to the use of the said rail road, shall be in con-' 



IShl INX'ORPOIIATION LAWS. 

formity to such rules, regulations, and provisions as the 
directors shall from time to time prescribe and direct: 
Proviso Provided, however. That if, at the expiration of ten years 

from and after the completion of said mil road the nett 
income or receipts from tolls taken, the ten years afore- 
said, as a basis of calculation, shall have amounted to more 
thantwelue per centum upon the costs of the road, the 
legislature may take measures to alter and reduce the rate 
of tolls, in such manner as to take ofl'the overplus for the 
next ten years, calculating the amount of transportation 
upon the rotjd to be the same as the preceding ten years 
and at the expiration of every ten years thereafter, the 
same proceedings may be had: Provided, further, That 
When to com- the said rail road shall be commenced within two years 
compiete"road ^^^^ "^"^^ next, and completed within five years there- 
after. 

Sec 6. The directors of said company for the time be* 
May erect tolling are hereby authorised to erect toll-houscs,warehouse3, 
gates and other and other necessary buildings, establish gates, appoint 
"' '"^* toll gatherers, and demand toll upon the road when com- 
pleted, and upon such parts thereof as shall from time tb' 
time be completed*, 

Sec. 7. The said company shall be holden to pay all 
^aTdamages damages that may arise to any person or persons,or corpor- 
ation or coporations,by taking their land for said rail road^' 
when it cannot be done by voluntary agreement, to bees 
timatedand recovered in the manner provided for by law," 
for therecovery of damages happening by the laying out of 
highways. 

Sfx. 8. When the lands or other property or estate of 

any feme covert, infant, or persons non compos menlis 

shall be necessary for the construction of said rail road: 

fcuardiftn may ^^^ husband of such fcmc -covert, and the guardian of 

Release dama- such infant or person non compos menlis, may release all 

8"« damages for any lands or estates taken or appropriatetl 

as aforesaid, as they might do if the same were holden by 

them in their own rights respectively. 

Sec. 9. If any person shall wilfully do or cause to be 
Persons injur- doj^g Qpy jj^t or acts whatcvcr, whcrcby any building, 
foad'or ma'te-° Construction, or work of said corporation, or any engine, 
rials, to forfeit, machine, or structure, or any matter or thing- apper- 
^c- taining to the same, shall be stopped, obstructed, impair- 

ed, weakened, injured, or destroyed, the person or persons 
so oflending sliall be deemed guilty of a misdemeanor, arid 
shall forfeit and pay to the said corporation treble the 
amount of damages sustained by means of such offence or 
injury, to bo recovered in the name ofsaid corporation, 
with costs of suit, by action of debt, and shall be subject 



INCORPORATION LAWS. 193 

to indictment and punishment for high crimes and misde- May be indict- 
meanors as in other cases. ^'^ 

Sec. 10. The annual meeting of the members of said ^''^" ^"'^ 

1111 111 1 n , iir 1 • -vT where compa- 

company shall be holden on the hrst Monday in iNovem- ny io meet 
ber in each year at Kaskaskia. At which meeting the 
directors shall be chosen by ballot, each proprietor being 
entitled to as many votes as he holds shares; and any two 
of the individuals named in the first section of this act are 
hereby authorised to call the first meeting of said compa- 
ny, by giving notice in some public newspaper of general ^°"'^^to te 
circulation, published in this state, stating the time, place, 
and purpose of such meeting at least ten days before the 
time mentioned in such notice. 

Sec. 1 1. If the said rail road in the course thereof shall „ 
cross any river, canal, turnpike, or other highway, the obstruct, dec- 
said rail rocid shall be so constructed as not to impede or 
obstruct the safe and convenient use of such river, canal, 
turnpike, or other highv/ay. 

Sec 12. It shall be lawful for the legislature of this „ 
state at any time during the continuation of the charter chase Tail i^ad 
of the said rail road after the expiration of twenty years May continue 
from the completion of the rail road herein provided to ''^'' '^°^'^' 
be made, to purchase of the said company the said rail 
road and all the franchises, rights, and privileges of the 
said company, by paying them for the amount expended 
in making said road; and in case at the time of purchas- 
ing, the said company shall not have received a nett in- 
come equal to twelve per cent, per annum on the said ex- 
penditures from the time of the payment thereof to the 
stockholders, by paying the company suchadditionalsums 
as, together with the tolls which they shall have received 
from the said rail road, will be equal to the nett profit of 
twelve percent per annum, on the cost of said rail road 
from the date of the payment thereof by the stockholders 
of the said corporation to the time of such purchase. 

Sec 13. The said corporation is hereby authorised and 
empowered to continue the said rail road, by extending ^j^^^ ^^ ^^^ 
the same through Columbus, in Randolph county to Nash-menceand 
ville,in Washington county; which continuation of said complete road 
rail road shall be commenced within three years from the 
completion of the rail road authorised in the first section 
of this act, and subject to the same rules and regulations. 

Sec 14. It shall be lawful for said company to increase May increase 
their capital stock to an amount sufficient to extend and "^"^'*'°*^'' 
complete the rail road authorised by this act, or any part 
thereof, whenever the company shall deem it expedient by 
a vote of the stockholders, at a meeting specially notified 
for the purpose, to be assessed to the same amount as the 
shares which arc already created. 

25 



1D4 



LNCOIIPORATION LAW)^. 



Sec. 15. This act to be in force from its passage^ and 
to be deemed a public act. 
AprnovED 1st March, 1838. 



In force, lst| 
Mai^ch, 1837. 



Bouiularies of 
town of Juliet 
Commence at 
river Des 
Plaincs 



Inhabitants 
made a body 
politic 
Name &i style 



Diviiled into 2 
wards 

What shall 
constitute ward 

Monies, how 
expended 

Proviso 



AjN act to incorporate the town of Juliet, and define its boundaries. 

Sec. 1. Be. it enacted by the people of the State of III inois^ 
represented in the General Assembly^ That the following 
are hereby declared to be the boundaries of the town of 
Juliet in Will county, to wit: Commencing at the river 
Des Plaines, on the north line of section nine, in town- 
ship thirty-five north of range ten east of the third prin- 
cipal meridian, and running thence east on said line and 
the north line of scc'ion ten in said township three quar- 
ters of a mile, thence, southerly to a point on the south 
line of section fifteen in the same township, three quarters 
of a mile from said river on said last mentioned line, 
thence on said line and the south line of section sixteen, 
in the township aforesaid, to said river, thence across said 
river, and on the said south line of section sixteen, and on 
the south line of section seventeen in said township, three 
quarters of a mile, thence northerly to a point on the 
north line of said section nine, three quarters of a mile 
due east from said river, thence easterly to the place of 
beginning. And the inhabitants of said town, and all 
within said boundaries, shall be and are hereby constitu- 
ted a body politic and corporate, by the name and style 
of the president and trustees of the town of Juliet, and 
shall be invested with all the powers, and enjoy all the 
rights and privileges which arc conferred upon towns in- 
corporated under an act, entitled "An act to incorporate 
th« inhabitants of such towns as may wish to be incorpo- 
rated,'' approved Feb. 12, l83l, so far as said act is not 
inconsistent with the provisions of this act. 

Sec 2. That said corporation shall be divided into 
two wards. All of said corporation lying east of said 
river shall constitute the East Ward, and all w^est of said 
river shall constitute West Ward, and two at least of the 
trustees of said town shall reside in each ward, and the taxes 
collectedin the respective wards shall be expended under the 
direction of the trustees for improvements in said wards 
respectively: Provided^, hozvcver^Thnt all expenses incident 
to purchasing and enclosing burial grounds and buildings, 
and keeping in repair bridges across the Des Plaincs river,, 
and the general current expenses of said corporation, shall 
be paid out of the general fund of said corporation. 



INCORPORATION LAWS. 195 

Sec. 3. The board of trustees shall have power toPowenoftwf. 
purchase for the use of said corporation land for a burial "*" 
ground; to enclose the same, and make such regulations 
in regard to the same as they may think proper; to li-May licenst 
cense taverns, groceries, and stores within said corpora- taverns, &.c. 
tion; and also to erect and keep in repair across the 
Des Plaincs river, within said corporation, such bridges 
as the convenience of the inhabitants in said town may 
in their judgment require: Provided^ That the General Proviso. 
Assembly may repeal, alter, modify, or amend this act at 
pleasure. 

Approved 1st March, 1837, 



AN ACT to incorporate tlie Vulcan Foundry, la Alexander county. I,, force March 

1,1837. 

Sec 1. Be it enacted by the people of the State of Illinois^ 
represented in the General Assembly, That all such per- 
sons as shall become subscribers to the stock hereinafter Constituted a 
described shall be and they are hereby constituted and ^^y pontic & 
declared a body politic and corporate, by the name and °'^°"*' 
style of the "Vulcan Foundry,"" from and after the pas- 
sage of this act; and by that name they and their suc- 
cessors shall have succession, and shall in law be capable 
of suing and being sued, pleading and being impleaded, in 
all courts and places whatsoever; may have a common seal, 
alter and change the same at their pleasure; and they and 
their successors may also, by that name and style, be ca- 
pable in law of contracting and being contracted with, 
of purchasing, holding, and conveying away real and per- 
sonal estate for the purposes and uses of said corporation 
as hereinafter limited. 

Sec. 2. The president and directors of said company. Their powers 
hereinafter provided for, shall have power, and are here- 
by authorized, to carry on the manufacturing of iron and 
other metals, in all its various branches; the b uilding of 
machinery of iron and wood work of all descriptions, 
and other useful branches of business in Alexander 
county, in this State; and to erect mills, works and build- 
ings as they may deem necessary to carry on their, opera- 
tions; and to enter into all contracts which may concern 
the use and management of said property and the affairs 
of the company. 

Sec 3. The capital stock of said company shall con- Capital stock 
sist of one hundred and fifty thousand dollars, divided 
into shares of one hundred dollars each. 



196 INCORPORATION LAWS. 

pommissionera Sec. 4. That for the purpose of carrying into effect 
the objects of this corporation, James Berrj, Thomas 
Ho^yard, and Wilson Able are hereby appointed com- 
missioners to obtain subscriptions to the capital stock of 
said company; and said commissioners, or a majority of 
Titeir duties them, after giving general notice thereof in some paper 
printed in this State, may open books for the subscrip- 
tion of said stock at such times and places as they may direct, 
and keep the same open till at least five hundred shares of 
capital stock is subscribed. If the requisite numberof shares 
shall not be subscribed within thirty days after the books 
are opened, said conimissioners,or a majority of them, shall 
take such measures for completing such subscriptions as 
they may deem expedient and proper. Every subscri- 
Amountpaid her shall at the time of subscribing pay to said com- 
pn subscribing jj^iggjo^ers the sum of one dollar for each share subscribed. 
When such subscription is complete, or within thirty 
days thereafter, said commissioners, or a majority of them 
shall call a meeting of the stockholders at Trinity 
by a printed notice in some newspaper of general circu- 
lation within this State. 

Sec. 5. That at said meeting the stockholders of said 

Directors to be company shall proceed to elect five directors, who shall 

elected manage, direct, and govern the affairs of said company 

one year from the period of said election, and until their 

successors, who shall be vested with the same authority, 

are elected. 

Sec. 6. And that at said election each stockholder 

"?eT/°'" ^'" shall be entitled to give one vote for each share of stock 

he may hold, and a majority of all the votes given shall 

be required to make an election. 

When election Sec. 7. That the period of election shall be annually 

to be held the first Monday in the month in which the first election 

was held. 
Pirectors' duty ^EC. 8. That immediately after the directors are 
chosen as above, they shall hold a meeting at which and 
all subsequent meetings a majority shall constitute a quo- 
rum; that they shall proceed to the election of a president 
Preiidentand from one of their number; a secretary, who shall be 
Secretary to swom by a justicc of the peace to the faithful discharge 
ba sworn ^f ^is duty, and who shall record all votes of the cor- 
poration in a book to be by him kept for that purpose; 

m . . a treasurer, who shall tive bond to such amount, and 
Toappointa 7 ' & .1 . 1 t . 1 n j- 

treasurer and in such manner, as the president and directors shall di- 

other officers & pect and appoint: also such other officers and agents as to 

"^*°*^ them may seem necessary. 

Director*' pew- ^^^' ^* That the said president and directors shall 

pel have power, from time to time, to make all such by-laws 

and rules not inconsistent with'the constitution and laws of 



INCORPORATION LAWS. lO? 

this State, which may be necessary for the payment or 
collection of subscription to its stock, and the transfer 
of the same, the conveyance of property, or that in any 
other way may concern the interest, management, and di- 
rection of the air.iirs of said company. 

Sec. 10. This act, shall continue in force for the term Dilation 
of thirty years: Provided, hozcevcr, That during that time, 
upon any departure from or violation of the provisions of 
this act, the legislature may alter, modify, or repeal the 
same, if the public good shall require it. 

Approved 1st March, 1837. 



AN ACT to incorporate the Jerseyville Hotel Company. In foixe, 1st 

March, 1837 

Sec 1. Be it enacted by til e People of the State of Illinois^ 
represented ia the General A s^sembly, That Edward M. Daley, 
George H. Collins, John W. Lote, Aaron Rice, William 
W. Bailey, Samuel Williams, Charles S. Smith, Alfred 
Carpenter and Horace Landen, and their associates and 
successors, be, and they are hereby constituted a body Constituted i| 
politic and corporate, under the name of the "Jersey ville body politic its 
Hotel Company," to be located in the town of Jersey ville, '^°'''°''*'° 
Green county, and by that name shall have power to con- 
tract and be contracted with; may have and use a common 
seal, alter or revoke the same at pleasure; and may sue 
and be sued, plead and be impleaded, answer and be an- 
swered unto, in all courts having competent jurisdiction; 
and shall be vested with all the powers and privileges ne- 
cessary to the object of their incorporation, as are here- 
after defined and limited. 

Sec. 2. The said company shall have power and be ca- Company't 
pable of holding, purchasing, improving, selling and con-r"werj 
veying, any estate, real or personal, for the use of said cor- 
poration; second, to improve or erect buildings on the same; 
third, to rent, lease or occupy, any or all such lands be- 
longing to said company, for a term not exceeding the lim- 
its of this charter; Provided, That the real estate owned by whatlands 
the said company, shall not exceed one quarter section of may be held 
land, except such as may be held as collateral security for 
debts due the said company, or may become the property 
thereof by virtue of such indebtedness. 

Sec. 3. The capital stcck of said company shall be ten Capital stocK 

thousand dollars, with power to increase the same, at the ^^wer to i\\- 
1 c • t . f crease 

pleasure ol said company, to any sum not exceeding twenty- 
five thousand dollars; which capital stock shall be divide^ 






IgiS INCORPORATION LAWS. 

into shares of one hundred dollars each, and subscribed 
for and held in manner hereafter provided. 
How to make Sec. 4. All Contracts or other evidences of indebted- 
contracts ness, v»rhich may be made or entered into by the said cor- 
poration, shall be subscribed by the president and secreta- 
ry, and being so signed shall be binding on said corpora,- 
tion; and all conveyances made and entered into by said 
corporation, conveying real estate belonging to the said 
company, when signed as aforesaid, shall in like manner 
be binding on such corporation according to the tenor, 
effect and true intent and meaning of the same. 
How corpora- Sec. 5. The concerns of said corporation shall be man- 
tion shall bo aged and conducted by directors, consisting of not more 
pianage ^j^^^ ^^^^ ^j^^ ^j^^jj ^^ choscn annually by the stockhold- 

ers or their proxies, which shall be by ballot, and the di- 
rectors receiving the greatest number of votes, shall receive 
the certificates of the inspectors declaring them duly elect- 
ed; the directors so chosen, or the major part of them, 
shall constitute a board and be competent to the transac- 
tion of all business, and shall and may, from time to time, 
make and prescribe such by-laws, rules and regulations, 
relative fo the concerns of said corporation, the duties of 
the president and secretary, each of whom shall be elected 
by a majority of the directors so choscn, and shall aho 
regulate the duties of their agents, clerks, and all others 
by them employed ; and the said directors shall have pow- 
er to appoint such other officers, agents and clerks, as may 
be necessary for the carrying on the business of said cor- 
poration, with such salaries and allowances as to the said 
directors shall seem proper; Provided, That such by-laws 
and regulations shall not be repugnant to the constitution 
and laws of the United States or of this state. 
Who are com- Sec. 6. That Edward M. Daley, Aaron Rice and Joha 
inissioiiers W. Lott, shall be Commissioners, the duties of whom, or a 
Thejrdutiei majority of them, shall be to open books of subscription 
to the capital stock of said corporation, within six months 
from and after the passage of this act, in such place or pla- 
ces, and at such times as intheir opinion would best promote 
the interest of said company. Twenty days notice shall 
be given by the commissioners, of the time and place, and 
the number of days the subscription books will remain 
open, in apublic newspaper published the nearest the place, 
where the books will be opened; the commissioners shall 
require every subscriber to pay, at the time of subscribing, 
one dollar on every share subscribed by him; and if one- 
half of the amount ot said capital stock shall be subscribed, 
it shall be the duty of said commissioners to give at least 
twenty days notice for the meeting of the stockholders, for 
the purpose of choosing the directors of said corporation! 



Incorporation laws. 10a> 

designating the time and place of election; at which elec- 
tion persons holding stock of said company, shall be per- 
mitted to vote, either in person or by proxy; the said com- 
missioners shall be inspectors of the first election of direct- 
ors, and shall certify under their hands the names "of those 
duly elected, and deliver over to them the subscription 
books and the amount of money received on subscriptions 
to the directors. 

Sec. 7. The stock of said corporation shall be deemed Stock deemed^ 
personal property, and assignable and transfcrrable on the personal prop- 
books of the corporation, but no stockholder indebted to" ^' 
the corporation shall be permitted to make a transfer until 
such debt be paid, or secured to be paid, to the satisfaction 
of the directors. 

Sec 8. The company shall at all times keep proper Books to bo- 
books of accounts, in which shall be registered all the '''P'' 
transactions of the corporation, and the same shall at all 
times be subject to the investigation of the stockholders; 
and it shall be the duty of the directors to make annual 
dividends, or at such other times as a majority of the 
directors may direct, of so much of the profits of said conv- 
pany astothem, or amajority of them, mayjudgc advisable. 

Sec. 9. The stock not disposed of by the commissioners Stock not ta^- 
in the manner heretofore named, shall and maybe issued ''^"i howdw- 
by the directors, for the time being, according to the by-^"" 
laws and regulations that may be adopted by the said com- 
pany. 

Sec. 10. As soon as tw^enty per cent of the capital slock Amount to b# 
of said company shall be subscribed, and ten per cent of paid inbefor» 
the same paid in, the said corporation shall__be authorized Pfo^^f^'^e 
to proceed to business, and not before. 

Sec. 11. In all elections for directors each share of the How votes to 
capital stock shall entitle the holder to one vote. begjven 

SECr 12. The directors shall have power to require the Direcion'pow- 
stockholders, respectively, to make payment of all sums *" 
of money by them subscribed, and remaining unpaid, 
at such time and in such proportion, as such directors 
shall see fit, under the pain of the forfeiture of the share 
or shares upon which such payments arc required, and all 
previous payments thereon, to the said corporation. 

Sec 13. The directors shall give at least twenty days Notice of cail* 
personal notice, in the manner that the by-laws of said to be given 
corporation may direct, or thirty days public notice, pub- 
lished in the nearest newspaper once in each week, of such 
call, which notice shall be sufficient call on such stockhold- 
ers to authorize, in case of default to comply therewith, 
the forfeiture above provided. 

Sec 14. This act is hereby declared a public act, and A public ac« 
♦ball be favorably construed in all courts of justice, and 



900 INCORPORATION LAW5. 

shall take effect from and after its passage, and be and 
remain in force for the term of twenty-five years. 
.Tfay be repeal- ^^^■' ^^' ^^^ General Assembly reserves the right to 
ad. alter, amend or repeal the same, whenever the public good 

may require. 

AprROVED 1st March, 1837. 



■ . , AN ACT to iiicoj-povale the Belvjdere College 

In force 1st ^ ■ ° 

March, 1837. c- „ 7 ti /• 

Sec. 1. Be it enacted by the People of the Slate of Illinois^ 

represented in the General Assembly, That Gcrmanicus Kent^ 
Persons incor- John T. Temple, Seth S. Whitman, John K. Towner, Si- 
porated mon P. Doty, John Quincy Rollins, Daniel H. Whitney 

and Benjamin Sweet, be, and they are hereby created a 
Name body corporate and politic, by the name of "Trustees 

of Belvidere College," and by that name to remain and 
have perpetual succession. The College shall be located 
Where located ^* or near Belvidcrc, in the county of Winnebago. The 
No. of trustees number of trustees shall not exceed thirteen exclusive of 
the president or presiding officer, who shall, ex officio, be 
a member of the board of trustees. For the present the 
aforesaid individuals shall constitute the board of trustees,' 
who shall fill the remaining vacancies at their discretion. 
Object of in- ^EC. 2. The object of said incorporation shall be the pro- 
eerrporation motion of the general interest of education, and to qualify 
young men to engage in the several employments of soci- 
ety, and to discharge honorably and usefully the various 
duties of life. 
Corporatepow- Sec. 3. The corporate powers hereby bestowed shall 
•rs be such only as are essential or useful in the attainment of 

said object, and such as are usually conferred on simi- 
lar bodies corporate, to wit: To have perpetual succession; 
To make con- to make contracts; to sue and be sued, to plead and be im- 
tracts, sue and pleaded; to grant and receive by its corporate name, and to 
be sued ^q jj}] other acts as natural persons may; to accept and ac- 

To purchased quire, purchase or sell property, real, personal, or mixed; 
lell property in all lawful ways to use, employ, manage, dispose of 
To loan mon- such property, and loan all monies belonging to said cor- 
ey belonging to poration, ih such manner, not inconsistent with law, and as 
said company gj^^^jj gggjjj j^ ^jjg trustees best adapted to promote the ob* 
To have acorn- jects aforesaid; to have a common seal, and to alter or 
mon ieai, and change the same; to make such by-laws as are not discord- 
•iter the same ^^^ ^^^ ^j^^ j^^^g ^j-jj^g United States and this State; and 
to confer on such persons as may be considered worthy, 



Incorporation laws. 201 

such collegiate or honorary degrees, as are usually confer- To confer de- 
red by similar institutions. ef*^^^ 

Sec. 4. The trustees of said College shall have authority, Trustees may 
from time to time, to prescribe and regulate the course of stu-P'escribe and 
dies pursued in said College^ and in the preparatory depart- |,f^s"!]dfes^°""* 
ment attached thereto; to fix the rate of tuition, room rent. Fix rate of mi- 
andother college expenscs;to appoint instructors, and such tio" 
other officers and agents, or all of them, as said trustees ^V^'^^1'" 1"'^ 

L II 1 1 • " r I • 1 /^i II • ^11 stiuctors and 

shall deem the mterests oi the said College require; to nil oiherofficei-s 
all vacancies among instructors, officers and agents; to Fill vacancies 
'erect necessary buildings; to purchase books and f^'bcmi-pJ^^^j'^^J^'j^^JI^'^^ 
cal and philosophical apparatus, and other suitable means i- apparatus 
of instruction; to put in operation, if deemed expedient, a <^ctopt manual 
system of manual labor; to make rules for thegeneral man- ^^°'' ®y^'®'" 
agement of the affairs of the College, and for the regulation 
of the conduct of the students, and to add, as the ability of 
the said incorporation shall increase, and the interests of the 
community shall require, additional departments for the stu' 
dy of any or all of the liberal professions; Provided, always, No theological 
That no theolofjical department shall. ever be established f^epartment to 
in said College. 

Sec. 5. If any trustee shall be chosen president of the 
College, his place as trustee shall be considered vacant, 
and the remaining trustees shall fill the vacancy. The Trustees may 
trustees shall have power to -remove any trustee from of- ''*'"°''^ "'^^'^ 

c c fi II '■ • -K t r».ii tiustees tor 

rice lor any dishonorable or criminal conduct; Prorzaea, misconduct 
That nosuch removal shall take place without giving to such N° removal 
trustee notice of the charges exhibited against him, and an no[[l°e" ^"''"^ 
opportunity lo defend himself before the board; nor un- 
less two-thirds of the whole number of the trustees for the 
time being, shall concur in such removal. The trustees 
for the time being, in order to have perpetual succession, 
shall have power, as often as a trustee shall be removed 
from office, die, resign, or remove out of the State, to fill 
such vacancy. A majority of the trustees, for the time be- 
ing, shall be a quorum to do business. 

Sec. 6. The trustees shall faithfully apply all funds by Shall apply all 
them collected, according to their best judgment, in erect- '^'""^^ *" "*«°f 
ing suitable buildings; in supporting the necessary instruct- '"^^'^*™^ 
ors, officers and agents; in procuring books, maps, charts, 
globes, philosophical, chemical and other apparatus, ne- 
cessary to aid in the promotion of sound learning in the in- 
stitution; Provided, That if any donation, devise or be-Siiaii apply be. 
quest, shall be made for particular purposes, accordant **""'* ).° ^^^ 
with the objects of the institution, the same shall be ap- ° ^^^^ ° ^*"* 
plied in conformity with the express condition of the do- 
nor or devisor; provided, also, That lands donated or de- Lands given to 
vised as aforesaid, shall be sold or disposed of within three ^^ *°'^ within 
years from and after such donation or devise, unless the £ dw^aUop 

26 



202 IXCOUPORATION LAWS 

lands held in perpetuity by said institution, together with 
such donation or devise, siiall noc exceed six hundred and 
forty acres. 
Treasurer and ^Ec. 7. The treasurer always, and all other agents when 
other oiTicers to required by the trustees, before entering upon the duties 
give bond ^^ their appointments, siuill give bonds, respectively, for 
To be aonrov- ^^^'^ security of thc corporation, in such penal sum, and 
ed by trustees with such securities as thc board of trustees shall approve. 
And all process against said corporation shall be by sum- 
mons, and the service of the same shall be by leaving an 
attested copy with the president or treasurer of the Col- 
lege, at least thirty days before thc return day thereof. 
0|)ento alide- Skc. 8. Thc said College and its preparatory dcpart- 

nomiiiatious ment shall be open to all denominations of christians; and 
thc profession of any particular religious faith shall not be 
required of those who become students. All persons, how- 
ever, may be suspended or expelled from said institution, 
whose habits are idle or vicious, or whose moral character 
is bad. 

Ari'uovKi), 1st March, 1837» 



111 fc-ce 1st AN ACT to iucj.porate the Mh.IIsou Mining and Manufacturing Company. 
March, 1837 

Skc. 1. Be il enacted by the People of the State of Illinois^ rep- 
resented in the General A asemhhj^ That Caleb Bartlett, Josh- 
ua Tolford, Isaac J. DickncU, John Iligham, William 
Manninf' and Robert Smith, and their associates, succcs- 
Coiistituted a sors and assigns, are hereby created a body politic and 
body politic & corporate, by the name and style of thc "Madison Mining, 
corporate Manufacturing and Exporting Company," to be located 

in the county of Madison. 
Powers of com- Skc. 2. Said company shall be competent to contract 
pa"y and be contracted with, and be capable in law and equity, 

to sue and be sued, to plead and be impleaded, to answer 
and be answered unto, to defend and be defended, in alf 
courts and places, and in all matters whatsoever. Said 
company nnay have and use a common seal, which they 
may alter or change at pleasure; and may also make and 
establish, and put in execution, such by-laws, ordinances 
and regulations as may be necessary for the good govern- 
ment of said corporation, and thc prudent and efficient 
management of its affairs. 
• al itock S^^* ^* '^^^^ capital stock of said company shall be five 
apita oc jjyjj(j,.^,j thousand dollars, divided into shares of one hua- 



INCORPORATION LAWS. 203 

dred dollars each, as the directors may see proper; and , 

the capital stock may hereafter be increased to one nfiil- creYsed "*' 
lion, to be expended in the erection of mills, machinery. Application of 
iron foundries, boats, and such buildings and improvements 'tock 
as may be necessary to carry on their business; also, to be 
expended in mining for coal and other materials. 

Sec. 4. In order to facilitate the business operations of Authorized to 
said grant, corporation or company, they shall be author- '^^^^ » loan 
ized to negotiate a loan or loans of money, to the amount 
of its capital stock, and to pledge all its property, real and 
personal, and all its rights, credits and franchises, for the 
payment thereof. 

Sec. 5. The said corporation shall pay into the county Company to 
treasury of Madison county, on the first Monday in Jan- P^y '° county 
uary annually, one-half per cent, (after the election of di-*'*'^^^"^ 
rectors) upon the amount of stock actually employed by 
said company, as a tax, which shall be in lieu of all other 
taxes or assessments upon the stock of said company, for 
county purposes. The stock employed by said company 
shall be considered the amount of money expended by said 
company, for the uses and purposes herein authorized. 

Skc. G. The president or treasurer of the company President and 

shall, on the first Monday in January annually, make an treasurer to 

affidavit before the county commissioners' court, or some "^^''^ affidavit 
x« r ^T r -J I ji ' ~ . annually of a- 

justice ot the peace ol said county, to the amount of capi- mount of stock 
tal employed by the company at the time of making such 
affidavit; and the tax herein authorized shall be assessed 
upon the amount stated in the affidavit. 

Sec. 7. That said corporation may purchase and hold To hold real 
such real estate, as maybe deemed necessary for the estate 
transaction of its business, to an amount not exceeding two 
sections of land, and totakeand hold any real estate as secu- 
rities mortgaged to said corporation, to secure the payment 
of any debts due, or that may become due to it; and also, 
to purchase on sales made by virtue of any judgment at Purchase at 
law, or any decree of a court of equity in favor of said cor- sales 
poration; to take and receive any real estate in payment, 
or towards satisfaction of any debt previously contracted, 
or due said corporation, and to hold the same until they 
can conveniently and advantageously sell and convert the 
same intomoney,orotherpcrsonal property; and to sell and 
convey said real estate, or any part thereof; Provided, All Proviso 
real estate purchased under judgments or decrees, or ta- 
ken in payment of debts as aforesaid, shall be sold within 
three years from the date of purchase, otherwise the same 
shall be forfeited to the State of Illinois. 

Sec. 8. This act is hereby declared a public act, and shall PubJic act 
take effect from its passage, and remain in force for the 
period of twenty years. 

AppRovBD 1st March, 1837. 



201 INCORPORATION LAWS. 

In force Tst AN ACT to incorporate the stockholders of the Pittsfield and MUbistippJ 
March, 1837. RaU-road Company. 

Sec. 1. Be il enacted by the people of the State of Illinois^ 
represented in the General Assembly, That Robert R. Green, 

Constituted a Robert Davis, Jonathan Piper, John F. Turnbaugh, A. 

body politic & II. Argyle, Dexter Wheeloch, James Johnson, William 
rpora e Ross, and Daniel B. Bush, their associates, successors, 
and assigns are hereby created a body politic, under 
the name and style of the ''Pittsfield and Mississippi 
Rail-road Company;" and by that name shall be and 
are hereby made capable in law and equity Ho sue 

Powers & pi iv^ and be sued, plead and be impleaded, defend and be de- 

iieges of com- fgjj^jg^j jjj j^j^y court or courts whatsoever; to make and 
use a common seal, the same to alter and renew^ at plea- 
sure; and by that name and style be capable inlaw of con- 
tracting and being contracting with, purchasing, holding, 
and conveying real and personal estate for the purposes and 
uses of said corporation as hereinafter limited, and shall 
be and are hereby vested with all the powers, and privt- 
leges, and immunities, which are or may be necessary to 
carry into effect the purposes and objects of this act as 
hereinafter set forth; and the said company are hereby 

jtfayconstractj authorized and empowered to locate, construct, and n- 

araii-road nally complete a rail-road for a double or single track, 
commencing at or near Augusta in Pike county, thence 
through Pittsfield, by Atlas, to such point on the Missis- 
sippi river, as the company may deem proper; and lor 
this purpose said company are authorized to lay out 

Width of road ^j^^j^. ^^^^^ ^^j exceeding eight rods wide, through the 

whole length; and for the purpose of cuttings, embank- 
ments, storie, wood, and gravel, may take as much more 
land as may be necessary for the proper security and 
Proviso. construction of said rail-road: ProuzdctZ, That all damages 

that may be occasioned to any person or persons, or cor- 
porations, by the taking of such land or materials for the 
purposes aforesaid, shall be paid for by said company in the 
manner hereinafter provided. 
Amount of .rap- Sec. 2. The capital stock of said company shall con- 
ital stock gjgj. ()f gix thousand shares, of fifty dollars each, and the 
immediate government and direction of the affairs of 
Directors to be ^^^^ company shall be vested in a board of not less than 
elected five directors, who shall be chosen by the members of 

the corporation in manner hereinafter provided, and shall 
hold their office until others shall be duly elected and 
qualified to take their places as directors, and the said 
directors, a majority of whom shall form a quorum for 
Electa presi- the transaction of business, shall elect one of their num- 
dent bcr to be president of the board, who shall also be pre* 



IJNCORPORATION LAWS 205 

sident of the company; and have authority to choose a 
secretary, who shall be sworn to the faithful discharge of 
his duty; and a treasurer, who shall give bond to the rf^g^.^^g^ ,q 
corporation with securities, to the satisfaction of the di- give bond 
rectors, in a sum not not less than twenty thousand dol- 
lars for the faithful discharge of his trust. 

Sec. 3. The president and directors, for the time be- Powers of di- 
ing, are hereby authorized and empowered by them- '^^*^""'* 
selves or their agents to execute all powers herein granted 
to the company, and all such other powers and authority 
for the management of che affairs of said company, not 
heretofore granted, as may be proper and necessary to 
carry into effect the obiccls of this act and to make such _ 

I ^ •' . , . Ill rii-lo make as- 

equal assessments from tmic to time on all shares ol the gessments 
company, as they may deem expedient and necessary, 
and direct the same to be paid to the treasurer of the 
company: Provide. I, That uo assessment shall be laid P»o\'-'o- 
upon any share in said company of a greater amount 
in the whole than fifty dollars on a share. 

Sec 4. The said company shall have power to make, |\iay enact by* 
ordain, and establish all such by-laws, rules, and re- i^^ws, &.c . 
gulations, and ordinances as they may deem expedient 
and necessary to accomplish the designs and purposes, 
and to carry into effect the provisions of this act, and 
for the transfer and assignment of its slock, the payments 
of assessments, and the conveyance of property, and the 
well ordering, regulating, and securing of the interest and 
affairs of said company: Provided^ The same shall not be Proviso, 
repugnatt to the constitution and laws of this State or of 
the United States. 

Sec 5. A toll is hereby granted and established for Tq]] granted 
the sole benefit of said company, upon all passengers for benefit of 
and property of all descriptions, which may be conveyed '^''""P*"^- 
or transported upon said road at such rates per mile as may 
be agreed upon, and established from time to time by the 
directors of said company: Provided, however, That if the Proviso, 
nett income and receipts from tolls, from and after the 
completion of said road, shall exceed twelve per cent, per 
annum, the legislature may take measures to reduce 
said rate of tolls so as to take off the overplus, and said 
directors may loan upon bond and mortgage or other se- 
curities any surplus funds of the company which may 
be at any time unappropriated, at a rate of interest not ex- 
ceeding twelve per cent, per annum. 

Sec 6. The directorsj of said company, for the y^^^ ^^g^, ,oU 
time being, are hereby authorized to erect toll houses, hou«ei, dtc 
buildings, establish gates, and demand toll upon the road 
when completed, and upon such parts thereof as shall 
from time to time be completed. 



200 INCORPORATION LAWS. 

Holden to pay ^^^' 7* The Said Company shall be holden to pay all 
damages damages that may arise to any person or corporation by 
taking their land, stone, wood or gravel for the use of said 
rail-road, when the same cannot be had by voluntary 
agreement, to be estimated and recovered in the man- 
ner provided by law for the recovery of damages, hap- 
pening by the laying out of highways. 

Sec. 8. When the land, or other property or estate, 

Guarrijan may ®^ ^^Y '"'I'lTied woman, infant, or person non compos 

release dam- mentis shall be necessary for the construction of said rail- 

*8*" road, the husband of such married woman, and the guardian 

of such infant or person non compos mentis may release 

all damages in relation to the land or other property, to 

be taken and appropriated as aforesaid, as fully as they 

might do, if the same were holden in their own right 

respectively. 

Sec. 9. If any person shall wilfully do, or cause to be 
done, any act or acts whatever, whereby any building, 
construction, or work of the said company, or any engine, 
machine, or structure, or any matter or thing appertaining 
Persons infu- *^ *^^ same shall be stopped, obstructed, impaired, weak- 
ring property 10 encd, injured or destroyed, the person so offending shall be 
forfeit &.C. deemed guilty of a misdemeanor and shall forfeit and pay 
to said corporation treble the amount of damages sus- 
tained by means of such offence or injury, to be recov- 
ered in the name of said corporation with costs of suit, 
by action of debt; and shall be subject to indictment 
May be indict- and punishment for such high crimes and misdemeanors 
•♦^ as in other cases. 

When & where ^^^' ^^' ^^^ annual meeting of the members of said 
meeting held company shall be holden on the first Monday of Novem- 
ber in each year at Pittsfield, or such other place as the 
_. directors for the time being .nnay appoint, at which meet- 

chosen '"o *^^ directors shall be chosen by ballot, each proprie- 

tor being entitled to as many votes as he holds shares, and 
any two persons named in this act are hereby author- 
ized to call the first meeting of the said company by giving 
NotJqetobe notice in the newspaper published at Jacksonville or 
liveii Quincy, of the time, place, and purpose of said meet- 

ing at least ten days before the time mentioned in sai^ 
notice. 

Sec. 11. The said company shall commence the 
eiminenced \ rail-road hereby authorized to be constructed, within two 
completed years, and complete the same within ten years thereafter, 

otherwise this act is declared null and void. 

Act deemed a Sec. 12. This act shall be deemed and taken as a 

public act public act, and as such shall be taken notice of by all 

courts of justice in this Stale without the necessity of 

pleading the same, and shall be in force from and Mte? 



INCORPORATION LAWS. 307 

its passage: Provided^ however^ That the legislature may Proviso. 
at any time, upon a departure from or violation of the 
provisions of this act, alter, amend or repeal the same as 
in their judgment the public good may require. 

Sec. 13. The company hereby incorporated may con- Can connect 
ncct and unite with the Winchester, Lynnville and Jack-;:^;;^"'^'" '''"' 
sonvillfe Rail-road company at or near its commencement 
on the lUinois river; and any of the provisions of this 
act shall extend to and may be adopted by said company 
for the purpose of aiding them to carry into effect ihe ob- 
jects expressed in their said charter. 

ArpRovjED 1st March, 1837. 



An act to incorporate the Grafton and Carrolltnn Turnpike Company. j„ c„.jg o^ 

March, 1837 

Sec. 1. Be it enacted by the people of the State of Illinois^ 

represented in the General Assembly^ That all such persons 

as shall become subscribers to the stock hereinafter men- p""^*"""'' \ 
1 I II 1 11 II • III oo('y politic oi> 

tioned, shall be and they are hereby constituted a body corporate 

politic and corporate, by the name and style of the Name 
**Grafton and Carrolton Turnpike Company," from and 
after the passage of this act; and by that name, they and 
their successors shall have succession and a common seal, *^°^'"' 
and shall in law be capable of suingand beingsued, pleading 
and being impleaded, in all courts and places where jus- 
tice is judicially administered; and they and their suc- 
cessors may also, by that name and style, be capable in 
law of purchasing [andj holding real and personal estate 
for the use and accommodation of said corporation: 
Provided^ That said company shall purchase no other Proviso 
real estate than one section in wid'h where said turnpike 
is to be or shall be made, and said company shall sell all 
such real estate within three years after said turnpike 
road shall be finished and ready fof use. 

Sec. 2. The said corporation shall have full power Where road i«r 
and authority to locate and construct a turnpike road, ^^ p''q^^°^*p'*,^jj( 
commencing at the town of Grafton, in Green county, 
on the Mississippi River, from thence to Carrollton, thence 
to Whitehall, thence to Manchester, and from thence to 
Jacksonville in Mojgan county, with power and author- 
ity, if said corporation should deem it expedient, to con- 
tinue the same to Springfield, in Sangamon county, and 
may also, in case said road should not run through the 
town of Jcrseyville, construct a lateral branch to said- 
town. 



208 Incorporation laws. 

Amount of Sec. 3. The capital stock of said corporation shall 

stock jjg Qj^Q hundred thousand dollars, divided into one thou- 

sand shares, of one hundred dollars each, "w ilh power to 
increase the capital stock, if necessary to accomplish the 
objects herein contemplated, which stock shall be deemed 
personal property, and negotiable and transferrable in 
such manner as said corporation shall by their by-laws 
direct. 
Road to be di- Sec. 4. The said turnpike road shall be divided into 
vided into three jj^Pgg Sections or parts, as follows; to wit: The first sec- 
tion shall commence on the Mississippi river at Grafton, 
and end at Carrolton; the second section shall commence 
jit CarroUon, and end at Jacksonville; the third section 
shall commence at Jacksonville, and end at Springfield; 
and if either of the sections of said road shall be con- 
structed or finished, the said company shall never be lia- 
ble to a forfeiture of the section finished, or any part of 
said road that may be finished. 
■\Vhoaie com- Sec. 5. That T. Dugget, Edward M. Daily, Lewis 
misMoneis; W. Link, Colbv Young, Jacob Frye, and William Lane 
po^.g^s""^ shall be commissioners, whose duty it shall be to open 
books for the purpose of receiving subscriptions to the 
capital stock of said company, at some proper place in 
the towns of Grafton, Jcrscyvillc, Carrolton, Whitehall, 
Manchester, Jacksonville, and Springfield, ut such times 
as said commissioners shall think proper, by their giving 
sixty days notice, by posting up advertisements in each 
of the towns aforesaid, and such other places as they 
may think proper. Said books shall remain' open three 
days at each place, and in case the whole capital stock 
of said company shall not be subscribed for, at the afore- 
said places, the said commissioners are further author- 
ized to open or cause to be opened a book for the subscrip- 
tion of the capital stock not subscribed for in any 
place or places in the United States, and at such times as 
they shall think proper. Any three of said commission- 
ers shall at any time be competent to transact any busi- 
Atr.ount to be*^^^^' ^^^ ^^^Y ^'"'^^^ cxact of each person subscribing, at 
paid when sub- the time he shall subscribe, the sum of ten dollars on 
Kiibiiig each share of stock subscribed. 

When one half Sec. 6. As soon as onc half of the capital stock shall 
"'^h^^ ■h°'i'' '^ have been subscribed, the said commissioners shall give 
commissioners twenty days notice, by posting up two or more notices in 
to give notice of each of the aforesaid towns, that an election will be held 
election for di- j^y jj^g stockholders to choosc five directors, and such 
"*^ '" election shall be held at the time and place previously 

Votes may be notified and appointed by said commissioners, by such 
given in person of the stockholders as attend for that purpose, either in 
or by proxy person OF by proxy. Each share of stock shall entitle 



INCOUrOIlATlUN LAWS. 909 

the holder to one vote. And the said commissioners, or 
a majority of them, who are present shall he inspectors 
of said election, and shall certify under their hands the 
names of those duly elected hy a majority of votes, aiid 
they shall then deliver over the suhscription books to the „ 

said directors, which said directors, and also those chosen „J7oard"tob« 
at any annual election, shall choose one of their members elected 
president of the board of directors, and they shall have 
power to fill vacancies that may occur until the next an-Dhcctors'powJ 
nual election. And said stockholders shall once in each ^''* 
year hold an election for a board of directors as aforesaid, 
who shall have all the powers of their predecessors: the 
time and place of election to be fixed on by the by-laws 
6f the corporation; and such directors and all other offi- 
cers shall continue in office until their successors shall he 
chosen; and all instruments of writing that shall be di- 
rected to be drawn and signed by the presiden!, shall be 
binding on the stockholders, and on any person or per- 
sons entering into any contract or agreement with the 
directors of said company. 

Sec. 7. A failure to hold an election for the choice of A failure to 
directors or other officers shall in no case be deemed a dis-^'^*^' '''?'^'°" 

, . - , 111- • i no' to nissolv* 

solution of the company, but the directors may appoint [i,e company 
another time, and so on in succession, for a choice of di- 
rectors and other officers, and such elections shall be valid 
and effectual. 

Sec. 8. The said directors shall have power to appoint Directors' powj; 
a secretary, treasurer, superintendents, surveyors and allers 
subordinate officers of said corporation, to fix their com- 
pensation, define their powers, and prescribe their duties; 
require of them such bonds, in such penal sums, and with 
Such securities as the board of directors shall prescribe; 
and they shall hold their offices during the pleasure of 
& majority of the directors. The said board of directors 
may from time to time ordain and establish such by-laws 
and ordinances as to them shall seem meet and proper 
for the efficient and prudent management of the affairs 
and objects of said incorporation. Said directors may 
contrcict with a surveyor to view, locate, and survey the 
most suitable and advantageous route for said road from 
Grafton to Carrol ton near the centre of the sixteenth' 
section, in township six north, range twelve west of the 
third principal meridian, as to them may seem most ad- 
vantageous, and may enter into contracts with all and 
every such person and persons as they may think proper j 
and said directors shall have power to divide the shares 
of stock into half ;uid quarter shares, and to make them 
all negotiable in such mode as they shall deem proper. 
Sec. 9. That the said corporation be and they arc 
27 



310 INCORPORATION LAWS. 

Tociittseex hereby HUtlioiizcd by their agents, surveyors and cngw 
survT"""^ "^"^ neers, to cause such examinations and surveys to be made 
of the ground within the limits aforesaid as prescribed 
by this act, as shall be necessary to determine the most 
advantageous route for the line whereon to construct said 
J,. road. And it shall be lawful for the said corporation tocnter 

oMknds"^ ' upon, and take possession of and use all such lands and 
real estate as may be necessary for the construction and 
for the keeping up of said road, and for the accommoda- 
tion thereof, and may also take, hold, and occupy alt 
such voluntary grants and donations of land and real 
estate as may be made to said corporation, to aid in the 
construction, maintenance, and accommodation of said 
road: Provided^ That all lands or real estate thus entered 
iipon7«K)tdona- ^^"^ ^"^^ taken posscssiou of, and used by said corporation, 
ted, to be pur- and vvhich are not donations, shall be purchased by said 
chased corjwration of the owner or owners of the same, at a 

price mutually agreed upon between them-, and in case 
Incase of dis- of disagreement as to the price or value of such lands, 
jigieement a- jj, shall bc tlve duty of the county commissioners of the 
county commfs! counly in which such lands are situated, on notice in writing 
sioneis to settle of such disagreement being given to them by the said 
>* corporation or the secretary thereof, to appoint three dis- 

interested freeholders, who after being sworn to act im- 
partially in the premises, shall proceed to determine and 
assess the damages, which the owner or owners of the 
lands so entered upon has or may sustain thereby, and 
also in like manner to assess and value the advantages 
to the individuals, by having such road run through or 
across his land, and shall strike the balance, and shall re- 
port such balance to the county commissioners in writing, 
who appointed them, and such report shall be the mea- 
sure and only measure of damages sustained; and if the 
owner or owners of such land sluill feel themselves ag- 
grieved by such reportaud decision, and should prefer to sell 
the land to such company or incorporation not exceeding 
one section in width on the route through which said 
road shall or may pass, said three disinterested freehofd- 
ers, sv/orn as aforesaid, shall appraise and value said land", 
and the improvements if any, and make return to the 
county commissioners aforesaid; and the board of direct- 
ors of said company may either purchase the land or 
pay the daningcs assessed as aforesaid. And upon the pay- 
ment of such valuation by the said company, on deposit- 
infT the amount in the county treasury of the county with- 
in which said Innds lie or arc situated, together with the 
costs and charges incurred by such valuation, and upon 
the county treasurer giving notice to the owner or 
owners of such land, that such deposite is made acid is 



INCORPORATION LAWS. 211 

subject to his order or control, whenever he pleases, 
said corpora;tion shall be deemed to be and are hereby 
seized and possessed in fee simple of such land and all the 
appurtenances to the same belonging. And it shall be 
the duty of the said three disinterested freeholders to 
deliver to the board of directors of said company, as soon 
as practicable, a written statement of their award or as- 
sessment with a description of the land appraised, which 
shall be recorded in the recorder's office of said county; 
and if any of said owners of such land should be infants 
or minors, feme coveit, insane, or non compos mentis, at 
the time of such valuation, the said corporation shall 
allow interest at the rate of six per cent, for their benefit, 
from the time of such valuation until the time of pay- 
ment. 

Sec. 10. That the said corporation shall be and are corporation 
hereby authorized to construct and use a road of suitable may declare 
width and dimensions, to be determined by said directors ^J'^ ^^^^y f" 
within the powers prescribed by this ac', and shall have the 
power to declare the time that said road or any part 
thereof shall be ready for use, and may establish toll gates Jliay establiih 
every ten or five miles thereon, as said directors shall '"•'s'*'^^ 
think advisable, as well as the mode of collecting tolls, 
and are authorized to erect toll-houses and other buildings 
for their accommodation, and may ask, demand, and re- 
ceive tolls upon any part of said road, as soon as the ^^J '«**'^" 
same may be finished and completed. 

Sec. 11. It shall bo lawful for the directors to require Powers in relt- 
payment of the several sums subscribed to the capital I.TgubKrllr'' 
stock, at such times and in such proportions, and on such tions to stock 
conditions as they may think fit, observing uniformity 
therein, under the penalty of a forfeiture of all previous 
payments thereon, and shall give notice of the payments 
required; and of the time and place when and where the 
same are to be paid at least forty days previous thereto, 
by posting up two written notices in each of the towns 
through which said road may pass, and also in some one 
of the newspapers in this State, and also in the several 
cities where the books of subscription may have been 
opened for obtaining subscriptions to the capital stock. 

Sec. 12. That whenever it shall be necessary in the May crow otl- 
construction of the aforesaid turnpike road, to intersect erroedi or wa- 
or cross any water course, or any other road or highway, '"*^°""*' 
or to run on in the same direction of any public or pri- 
vate road, lying between the points designated for the afore- 
said turnpike, it shall be lawful for this incorporation to 
construct their road across, or on the same. 

Sec. 13, That if any person or persons shall wilfully Pe"a/'ie» fiw 
or designedly door cause to be done any act, whereby 3'" 



aw INCORPORATION LAWS. 

any building, consliuclion, or work of said corporation, 
or any engine, or machine, or structure, or any mat- 
ter or thing appertaining to the same, shall be stopped, 
obstructed, impaired, injured, or destroyed, each and ev- 
ery person or persons, so offending, shall forfeit and pay 
to the said corporation treble damages by occasion of 
such offence or injury, to be recovered by said corporation, 
■with costs of suit, by action of debt or tresspass on the 
case, to be cognizable in the circuit court of the county 
where such offence may be committed, or before any justice 
of the peace, where the amount of damages claimed *hall 
not exceed one hundred dollars with a right of a jury 
trial, as in other cases; anJ, moreover, all such persons 
shall be liable to indictment for a misdemeanor, and liable 
to fine or imprisonment, at the discretion of the court be- 
fora whonp such conviction shall be had; and if any per- 
son or persons shall wilfully obstruct in any manner 
whatever, said turnpike road, or any part thereof, such 
person or persons shall be liable to indictment as at com- 
mon law for creating a common nuisance, and on convic- 
tion shall be fined not less than fifty nor more than five 
hundred dollars, and shall be imprisoned not exceeding 
six months; and it shall be the duty of the court before 
whom any conviction shall be had, to direct by an order 
for that purpose the sheriff of the county, with his posse 
comitatus, to repair to the place, and effectually pros- 
trate and abate such nuisance. 
„ ^ Sec. 14. The said corporation are hereby empowered 

Mkv borrow . , r. ' i • i ,i • iU • j- 

pio^ey to borrow any sum ot money which they in their discre- 

tion may deem necessary to aid in the construction of 
said road, not exceeding tlie amount of their capital 
stock. And if it shall at any time appear to the presi- 
dent and directors that any portion of the money boi'- 
If not needed rowed US aforesaid, or any portion of surplus capital shall 
may be leioan- not bc needed for immediate use, the same may be loan- 
"* ed out on legal interest to individuals. Said road to be 

mencemeilt"'*^ <^^'^"^^"^^^ within two years from the passage of this act, 
completion 'of and completed in fifteen years. The commissioners se- 
theroad lectcd to opcn books for Subscriptions for stock, the pre- 

Ail officers to gident and directors, and all other officers on being elect- 
lake an oath ^^ or appointed, shall each of them before entering on 
the duties of their oflice.take an oath or affirmation, to be 
administered by son)c person authorized by law to admin- 
ister oaths, well, faithfully, and impartially to execute 
their duties according to law, and to the best of their 
skill and understanding, and on the wilful violation 
thereof shall be subject to an indictment as in cases of 
wilful and corrupt perjury. 



INCOPiPORATION LAWS. 218 

Sec. 15. The following shall be the rates of toll for Rates of toll 
each and every ten miles of said road, viz: aliowe 

Every four-wheeled loaded carriage drawn by els, 
one horse or other animal, - - - 25 

The same drawn by two horses, - - - 37i 

If by four horses, ... - . 50 

If not loaded, one half the above rates, and so 
of all carriages. 

For every chaise or other two-wheeled carriage, I2i 

If drawn by one horse, for ewory additional 

horse, -.-..-- OGi 

For every charriot, or other four-wheeled car- 
riage drawn by one horse, - - - 25 

For every additional horse, - - - 12i 

For every horse and rider, - - - - 06i 

For every horse, mule or ass, six months old, led 

or driven, 03 

For every head of neat cattle, six months old, 02 

For every head of hogs, sheep, goats, or other 
animals, - - - - - - 01 

It is hereby made the duty of the president and directors 
to commute with such persons as live on and near such 
turnpike road, and who have frequent occasion to use 
the same for a yearly sum for themselves, their families, 
their teams and animals: Provided^ That ministers of persons exempt 
the gospel, and all persons going and returning from pub-fiom paying 
lie worship on the fu'st day of the week, commonly called"'" 
Sunday, shall be exempt from all toll whatever; and, 
also, all persons, male and female, under twenty-one 
years of age, attending any school, or institution for lite- 
rary or moral instruction, shall also, under all circum- 
stances, be exempt from tolls. The said corporation shall 
have a right, if they should deem it expedient, to estab- 
lish toll-gates every Hve miles, which shall be considered 
as half toll-gates, and entitled to demand and receive 
only one half of the aforesaid rates of toll; and no tolls 
are to be demanded of any person who commutes or 
pays by the year. "And the said board of directors shall 
have a printed or plainly written list of the rates of 
tolls posted up at all tiie gates or places where tolls 
are demanded, for the inspection of all persons whom- 
soever. 

Sec. 16. That when the said turnpike shall bo comple- Directors to r«- 
tedthe board of directors shall make out a full report, con- P°'* ***" *^°** 
taining a full account of the cost of constructing said 
road and all things incidental thereto, which report shall 
be sworn to as true by the president of the board. Said Report to b« 
report shall be filed in the secretary's office of this State, fi^e^ with ^- 
aod shall annually thereafter report in like manner"'*'^''* *** 



^U INCORPORATION LAWS, 

the expenditures of the company, and the amount of tolls 
received, and also file them in the secretary's office as 
aforesaid. 

Ma build a ^^^* ^^* ^^^ ^^'^ Company shall have a right to 
free bridge a. build a toll-bridge over Macoupin creek, by the consent 
ciosf Macoupin of the county commissioners of Greene county; and 
'=«*'' they may establish the rates of toll for the same: they 

may take a part of the stock for the county, or commute 
with said company for the county of Greene. 

Sec. 18. The said company shall continue a body cor- 
ciiaae 7hJ«ock P***"^'®' '^ ^^^ legislature shall not think fit, or be inclined, 
to purchase the stock of the company for the use of the 
State, at par, and also obtaining twelve per cent, per 
annum for money expended; but if the legislature should 
decline purchasing out the stock as aforesaid, the said 
company shall continue until the tolls shall have re-im- 
bursed the capital stock,and twenty per cent, on the same. 
But if the State should purchase up the stock as aforesaid, 
then the said company shall surrender their charter, and 
all their interest in said road, to the people of this 
State. 

Sec. 19. This act shall be a public act, and shall 
be construed favorably and benignly in all courts and 
places to carry into eflfect every beneficial purpose herein 
intended, and shall take eflfect and be in force from and 
after its passage. 

Approved 2d March, 1837. 



In force March AN ACT to incorporate tlie Manchester find Bridgeport RaifRoad Company, 
2, 1837 

Sec. I. Beit enacted hy the people oftlie State of Illinois 
represented in the General Assembly, That Robert Huston^ 
Asford Smith, Daniel Hodges, Washington Bell, JosiahH. 
Cogshall, Harvey Jarboe, Chester Shallow, Joshua Hanks, 
and their associates, successors, and assigns,are hereby crea- 
hiT*^'"'*'' * ^^^ ^ body corporate and politic, by thename of the "Man- 
and'poMc "^^ * Chester and Bridgeport Rail Road Company," and by that 
name are hereby made capable in law and in equity, to sue 
and be'sued, to plead and be impleaded, defend and be de- 
fended inanycourtorcourtsofrecord or in any other place 
whatever; to contract and be contracted with; and shall 
Powers and be and hereby are vested with all the powers and privile- 
priviiegcB ges which may be necessary to carry into cftcct the pur- 
poses and objects of this act as hereinafter set forth. 
Apd the »aid company are hereby authorised to locate, 



Incorporation laws. jflS 

Construct, and prosecute to final completion, a rail road To construct a 
commencing at Manchester, from thence to Glasgow, '■^''"*'<* 
thence to Bridgeport, on the Illinois river, in Morgan 
county. And said company are authorised to lay out their 
said road at least six rods wide through the whole length, 
and for the purpose of cutting embankments, stone, and 
gravel, may take as much more land as may be necessary 
for the proper construction of said road: Provided, That Proviso 
all damages that may be occasioned to any person or cor- 
poration, by the taking of such land or materials for the 
purposes aforesaid, shall be paid for by said company, in 
the manner hereinafter provided. 

Sec. 2. The capital stock of said company shall be one Amount of 
hundred thousand dollars, to be divided into shares of one capital itock 
hundred dollars each. And the government and direction 
ofthe alFairsofsaid company sheiU be vested in notless than 
five directors, who shall be chosen bythe members of the Directors to be 
company in the mannerhereinafierprovided,who shall hold chosen 
their oflices for one year, and until others are duly elected; 
and the said directors, a majority of whom shall form a 
quorum for the transaction of business, shall elect one of 
their number to be president of the company, and shall 
choose a clerk, who shall be sworn to the faithful discharge To choose a 
of his duties, and a treasurer, who shall give bond to the '^•®^'^ 
company with such security as shall satisfy the directors. 

Sec. 3. The president and directors arc hereby author- 
ised to make such equal assessments from time to time on 
all shares as may be necessary for the prosecution of the 
Work, and direct the same to be paid to the treasurer of 
the company, and the treasurer shall give notice of such Noticctobe 
assessment. The board shall have power to call special given of asses*.- 
meetings of the stockholders, and to adopt rules and by-'""* 
laws, regulating the manner and time of payment of all 
assessments they may order. 

Sec. 4. Said company shall pay all damages that may _ 

^., r J tr J b J Company to 

arise to any person or persons, corporation or corpora- p^y d^'e* 
tions, by taking their land, stone, or gravel for the use of 
said road, where the same cannot be obtained by volun- 
tary agreement, to be estimated and recovered in the man- 
ner provided by law for the recovery of damages happen- 
ing bj the laying out of highways. 

Sec 5. If any person, shall willfully and maliciously and Persons injui*. 
contrary to law, obstruct the passage of any car on said ("ffg™* ^ 
road or any part thereof, or any thing belonging thereto, 
he,she, or they shall forfeit and pay to said company for ev- 
ery such ofTence, double such damages as shall be proven 
before any court competent to try the same, to be sued for 
in the name and behalf of said company, and such offender 
or ofTcndeis shall be deemed guilty ofa nusdemcanor and 



sie 



INCORPORATION LAWS. 



Liable to in- liable to indictment in thc same manner as other indict- 
dictment ments are found in any county or counties where such of- 
fence shall have been committed; and upon conviction of 
Can be impris- such offence shall be liable to a fine not exceeding one 
oned thousand dollars, for thc use of the county where the in- ^ 

dictment may be found, or may be imprisoned not exceed- 
ing one year. 
How road ttf ^^c. 6. Said company shall so construct said road gis 
be constructed not to obstruct, hinder, or interfere with the passage or free 

use of any public highway. 

Time & place ^^^' '^' The time and place of holding the annual meci- 

of holding eiec- in g of the company for the election of directors and other 

tions,bow fixed purposes, shall be fixed and determined by the by-laws of 

said company, and at such meetings each stockholder shajl 

be entitled to as many votes as he holds shares; and any 

two persons named in this act are authorised to call the 

first meeting bf said company, by giving notice in one of 

the papers published at Jacksonville, of the time and 

place of holding such meeting, at least fifteen days before 

the time of such meeting. 

Sec. 8. The president and directors shall have power 
to enact such by-laws, rules, and regulations as they may 
deem expedient, to carry into effect the provisioas of this 
act: Provided^ The same shall not be repugnant to thecon- 
stittrtion and laws of this state, and of the United Stales^ 

Sec. 9. Said corporation shall establish and collect tolls 
from all persons and property which may be conveyed 
upon said road, at such rates per mile as maybe agreed 
upon from time to time by said corporation: Provided, how- 
^i>er,Thatifthe nett income and receipts for tolls and other 
profits, from and after the completion of said road shall 
exceed twelve percent, per annum, the legislature may re- 
duce said rates of tolls, so as to take off'the overplus. 

Sec. lO. The said company shall have the route of said 
road surveyed and expended in its construction five thoij' 
sand dollars within three years from May next, and com- 
pleted within eight years thereafter, otherwise this act 
shall be null and void. 

Approved 2d March, 1837. 



Noiicc to be 
fiveit 



Powers of pres- 
ident and di- 
rectors 



Tolls m av be 
collected 



Proviso 



When com- 
nenced and 
eonstcucted 



in fotce 2<l 
.Ifarch, 1837. 



ANA CT to incorporate the Mount Carnicl Marine aud Fke Insuraneb Com- 
pany. 



Sec. 1 . Be it -enacted by the people of tJie State of Illi- 
nois^ represented in the General Assembly, That there shall 
Insurance com- be established in the town of Mount Carmel an Insurance 



INCORPORATION LAWS. 217 

Company, to be called the "Mount Carmel Marine and pauy establish- 
Fire Insurance Company. * 

• Sec. 2. All such persons as shall hereafter be stock- 
holders of sa'.d company, shall be, and they are hereby de- 
clared to be, a body politic and corporate, by the name and Declared body. 

. 1 /. I ,,™r ^^ I T»i • J TT T politic and cor - 

style of the "Mount Carmel Marme and r ire insurance poraie 
Conipany," and to continue for thirty years from and af- 
ter the passage of this act, and by that corporate name and 
style shall be competent to contract and be contracted 
with, and be capable in law and equity to sue and be To sue aud be 
sued, to plead and be impleaded, answer and be answered *"*'^ 
iioto, defend and be defended, in all courts and })laces, 
eind in all matters whatsoever. 

Sec. 3. The said corporation may have and use a com- To have and 
mon seal, which they may alter, change, or break, at "^^ /^ '^°'""*°j^ 
pleasure; and mby also malce and cstabli^sh, and put into by-i'awg 
execution, such by-laws, ordinances and regulations, as 
shall in their opinion be necessary for the good govern- 
ment of the said corporation; the prudent and eiiicient 
management of its aflairs; the election and regulation of 
the duties of its several officers, and such other matters as 
may be necessary and proper; Provided, That said by-laws Proviso 
shall iii no wise be contrary to this act of incorporation, 
or the constitution of this State, or oi the United States. 

SjEic. 4. The capital stock of the said company shall be Capital sttfck 
oneiiundrcd thousand dollars, to be divided into shares of 
One hundred dollars each, to be paid in such instalments 
as the directors chosen under this act, may from time to 
time direct, under such penalties as the said directors may, 
In their discretion, appoint and order. The said capital Capital stock 
stock may hereafter be increased to an amount not ex- ""^^ ''^ '°* 
ceedingfive hundred thousand dollars, in the discretion of"^'*^^^^ 
a majority of the directors of the said corporation, to be 
subscribed for and taken under the direction and superin- 
tendence of the president and directors of said corporation, 
or a majority of them, by any person choosing to sub- 
scribe for the same, in the manner to be provided for by 
the by-laws of the corporation. The stock of the said corpor- Stock deemed 
Jition shall be deemed personal estate, and shall be assign- 1'®''^°"'' "***• 
kbie and transferrable according to such rules and regu- 
lations as shall be adopted by the directors in that be- 
half, in the by-laws and ordinances thereof. 

Sec 5. The corporation hereby created shall have pow- ^'^iporation 
er and athority to make marine insurance upon vessels, nTake'insur- 
boats, rafts, goods and merchandize, produce, freight, mo- anccic. 
neys, bottomry, respondentia, interest, and on all marine 
risks, and inland navigation and transportation, and 
again:«t all losses by fire, of any buildmgs or houses what- 
soever, and vessels, and boats on stocks, bridges and oth, 

38 



218 IXCOilPORATIOxN LA\VS. 

er mechanical stuuctures; and they may cause themselves 
10 be rc-insurcd against any maritime and other risks 
upon which they have made insurance; and upon the in- 
terest which said corporation ^may have in r.ny vessel, 
boat, goods, merchandize, produce or house*, or other 
buildings, in virtue of any loans, made upon such proper- 
ty, whether on bottomry and respondentia, or otherwise, 
on such terms and conditions as may be agreed upon by 
the parties; and to fix the premiums and terms of payment, 
and demand, collect, and receive the same, 
roiicies of ill- i^pf,^ (j^ ^11 policies of insurance made by the corpora-- 

surance to be ,. ini i -lii .i ^ ^^ , • ~ /• 

figneii <fc covin- "°" ^hall be Subscribed by the president, or in case of 
teisigiied his death or absence, by the vice president, and counter- 

signed and se.iled by the secretary of said company; and 
all losses, arising under any policy so subscribed and seal- 
ed, may be adjusted and settled'by the president and board 
of directors. 

Sec. 7. The said corporation, by the president and di- 
ma'^'be ^vested '^^^o''^' lody^ at their Option, vest the capital stock of the 
ill other stock said corporation in the capital stock of any State, or incor- 
porated bank, trust company, or public funds oftbeUni- 
Can loan it to jgj States, Or of any State of the Union; or they mav loan 

companies or ^, ' -^ , . t . , r , "^ " , ■, 

iudivitiuaU tbc Same to companies or individuals, on bottomry, bond, 
note, mortgage of real estate, or other satisfactory securi- 
ty, at their discretion, at a rate of interest not exceed-- 
ing that now allowed by law. 
Corporation Sec. 8. The said corporation may purchase and hold 
aiiYiioid'i^ar* ^"^'^^ ^^^^ estate as may be deemed necessary for the 
estate transactions of its business, the purchase money of which 

shall not exceed, in the whole, twenty thousand dollars; 
and to take and hold any real estate as securities mortgag-- 
ed and pledged to the said corporation, to secure the pay^ 
mcnt of any debt, in any manner due, or to become due to 
Can" purchp^e the said corporation; and also to purchase on sale? made 
oil sales jjy. virtue of any judgment at law, or any decree of a court 

of equity, or otherwise to take and receive any real estate 
in payment, or towards.satisfaction of any debt previously 
contracted or due the said corporation, and to hold the 
same until it can be conveniently and advantageously dis- 
posed of without loss to the said corporation; and shall 
have power to lease, sell and convey, said real, estate, or 
any part thereof. 

kSec. 9. Hiram Bell, Joshua Bcall, William T. Page, 
Thomas S. llinde, Abner Armstrong, William Eldridge, 
Muses Bedell, Ezra Baker Jr. M. D., Powhatan II. Bog- 
well, Philip W. Quinton and Scoby Stuart, are hereby ap- 
Commissioiiers pointed commissioners foi superintending subscriptions to 
*°w""-'*"'^ 6aid capital stock; and the said commissioners, or a major- 
stock i'y of them, shall open one or more su|)scnption books for 



INCORPORATION LAWS. 219 

said stock, on the first Monday in April next, or as soon When & where 
thereafter as practicable and convenient, at the court '°"P^" '"^'" 
house in Mount Carmel, and shall receive subscriptions 
from all persons desirous of subscribing to said stock, and 
shall continue the said books open from time to time, un- 
til the whole amount shall be subscribed, when the same 
shall be closed. One dollar on each share shall be paid to 
the commissioners, or satisfactorily secured, to be paid to 
the board of directors at the time of subscribing, when a 
-certificate of such subscription and payment shall be given Certificate of 
to the person subscribing, signed by at least three of said «"°scni)tion to 
commissioners; Provided, however, That if the books for proviso" 
subscriptions to stock shall not be opened on the said first 
Monday in April, ten days notice shall be given by a ma- 
jority of the said commissioners, of the time and place ot 
opening the same. 

Sec. 10. The stock, property, and concerns, of the said 
corporation, shall be managed and conducted by thirteen Dhcctors to 
directors, who shall hold their offices for one year and un-''°|jj ' **"* 
til others shall be chosen and qualified, and no longer, and 
shall at the time of their election, be citizens of this State, 
and holders respectively of not less than ten shares of the 
capital stock of the said company. 

Sec. 11. The first election of directors under this act 
shall be held at such time and place, in the town of Mount VVhenA, where 
Carmel, as a majority of the said commissioners shall direct, ^'^,^'*°" *" ^ 
or in default of such direction, then it shall be competent 
for the subscribers to fix upon the time of said election, at 
the court-house in Mount Carmel, by a majority of shares 
subscribed for. Any three or more of the said commis- 
sioners, are hereby appointed inspectors of said election, 
if the said commissioners shaU be present, and if not, then 
any three subscribers may be chosen to act as said in- 
spectors; and the directors elected at the first election 
shall hold their offices until the first Monday in January Term of office 
thereafter, and until their successors are elected and qual- °'^''""'^'°'"* 
ified. 

Sec 12. The directors foe every subsequent year shall Director, when 
be elected on the first Monday in each year, at such «'"«' w*>"8 
time in the day, and at such place in Mount Carmel, *'**^^"^'* 
and under the direction of such persons as a majority of 
the directors for the time being shall appoint, by a resolu- 
tion, to be entered on their minutes. 

Sec. 13. All elections shall be by ballot, allowinc^ one ^^®*^''''"' '°^* 
vote to each share of the capital stock; and the thi'rtecn ^.''*"°' 
persons who shall have the greatest number of votes shall Sed^dlwct- 
be directors; and if at any election two or more persons ors 
shall have an equal number of votes, so as to leave their 
flection undecided, then the directors who shall have been 



830 



INCORPORATION LAWS. 



Vacancies to 
be filled as 
prescribed by 
the by-laws 



And held in 
such manner as 
by-laws may 
du-ect 

Directors to 
meet & choose 
a president 

To taice oath 
Term of office 

Have power to 
appoint officers 



Officers to give 
bond 



Who to consti- 
tute a board 



Capital stock 
to be paid or 
secured 



Capital stock 
to be by mort- 
gage, Aic. - 



Forfeit'Te [for 
refusing or neg- 
lecting to com- 
ply 

pirectors may 
9*11 ihares, &,c . 



duly elected, shall decide by lot which of said persons, 
so having an equal number of votes, shall be director or 
directors, so as to complete the whole number; and when- 
ever any vacancy shall happen in the office of directors, 
president or vice president, the same shall be tilled in such 
manner as shall be provided by the by-laws; and if by rea- 
son of any neglect or accident, the said election shall not 
be held on the day herein prescribed, the same may be 
held on some other day, within six months thereafter, in 
such manner as the by-laws shall direct. .Absent stockold- 
ers, at any election, may vote by proxy authorized in wri- 
ting; and each share shall entitle the holder to one vote. 

Sec. 14. The directors, when elected, shall meet as soon 
as may be after the election, and by a majority of the 
whole board, shall choose out of their number a president, 
who shall be sworn or affirmed faithfully to discharge the 
duties of his office, and shall preside for one year, and un- 
til another person shall be chosen m his stead, and also a 
vice president, for the same term. They shall have power 
to appoint a secretary, and all subordinate officers of the 
said corporation; fix their compensation; define their pow- 
ers, and prescribe their duties; who shall give such bond, 
in such penal sum, with such condition, and with scuh se- 
curity, as the directors shall prescribe, and hold their offi- 
ces during the pleasure of a majority o( said directors. 

Sec. 15. The president or vice president, and any six 
of the directors, shall be a board competent to the trans- 
action of business, and all questions shall be decided by a 
majority of the votes, to be given viva voce. 

Sec. IG. The president and directors shall cause thccap- 
ital stock of the said corporation to be paid in, or secured 
to be paid in by instalments, whenever the transactions o| 
the company shall or may, in the opinion of the board, re- 
quire the same to be done; and ail such securities for 
the payment of instalments on the capital stocks, shall be 
by mortgage on real estate worth double the amount of 
the sum to be secured, exclusive of perishable improve- 
ments thereupon, which said payment of instalment shall be 
paid, or secured to be paid, as the case may require, in 
such manner, and at such time, as the president and di- 
rectors shall agree upon and direct; and in default of any 
such payment being paid, or secured to be paid, as may 
be demanded by the president and directors, the person so. 
refusing or neglecting to pay, or secure to be paid, the, 
said instalment, shall forfeit all former payments, made or 
secured to be made, on the share or shares so neglected, 
for the use of the corporation; and the president and di- 
rectors may proceed to sell said share or shares, to the 



INCORPOrwATION LAW5. 821 

highest bidder thereof, under such regulations as the by- 
laws may direct. 

Sec. 17. The books of the corporation, exhibiting the Popk* to be o- 
situation of the afiairs thereof, shall be opened at the re- Pl!'*'^ ''.^ '^'^ 

I o> r .1 1 • n- I r 1 otlice o( the 

gnlar oincc oi the company, during oliice hours, ior the coniuanv 
inspection of any person who shall have been insured in 
any manner by the said corporation. 

Sec. 18. It shall be the duty of the directors of said com- Company to 
pany, at such time as tlie by-laws thereof shall pr'scribe, "lake dividendt 
to make dividends of so much of their interest, arisinc from Recording to 

' o by-laws 

their capital stock, and the profits of the said company; 
but the money received, and notes and bonds taken for 
premiums on risk, which shall be undetermined and out- 
standing at the time of making such dividends, shall not 
be considered as a part of the profits of tlie said company; 
Provided^ Thatno stockholder who shall be in arrears to the Proviso, 
said company, for any instalment or otherwise, shall not be 
entitled to receive his dividend of the profits, but the same 
shall be retained and passed to the credit of the said stock- 
holder, or the share or shares of capital stock upon which 
any such arrearages are unpaid; and in case of any loss or 
losses, whereby the capital stock of said company shall be 
lessened, no subsequent dividend shall be made until the 
sum arising from the profits of the business of the said com- 
pany, equal to such diminution, shall have been added to 
the capitol stock; and once in every three years, and 
oftener if required by a mnjority of the votes of the stock- 
holders, allowing one vote for each share; the directors 
shall lay before the stockholders, at a general meeting, an 
exact and particular statement of the afftirs of the com- 
pany, and of the profits, if any there bo, after deducting 
losses and dividends. 

Sec 19. No. one risk taken by the said corporation Director* bound, 
shall exceed one-tenth of the amount of their capital stock individually for 
paid in or secured to be paid in, as provided for by this "^^^ " '^^^' 
^ct; and in case of there being any one risk or risks, so taken 
by the corporation, over and above one-tenth of the amount 
of capital stock paid in or secured to be paid in, as afore- 
said, the directors under whose administration the same 
were taken, shall be liable, jointly and severally, in their 
individual capacity, for all losses which may happen on ac- 
count of such risks. 

Sec. 20. That in case of any loss or losses taking place Losses taking 
which shall be equal to the amount of the capital stock of P'*" equpl x<», 
the said company, paid in or secured to be paid in, and itardire^to'J'' 
the president and directors, after knowing of such loss or bound for 
losses having taken place, shall subscribe to any policy of 
insurance, their estate, jointly and severally, shall be ac- 
coantable for any and every loss which shall take place 
under policies so subscribed. 



222 

Act a public 
act 



INCORPORATION LAWS 

Sec. 21. This act is hereby declared to be a public act, 
andsh'ill be liberally construed for every purpose herein 
contained, and shall be in force fronj and after its passage. 

Approved ^d March,. 1837, 



In force Jtfarch 
2, 1837. 



AN ACT to incorporate the Waynesvllle Seminary. 



Corporate 
powers . 



Sec. 1. Be it enacted by the people of the State of Illinois^ 
represented in the General /Isscmbly, That the persons here- 
after to be elected pursuant to the provisions of this act, 
Created a body jind their successors, be and they are hereby created a 
PJ^'^;^^^"'^*'*"" body politic and corporate, to be styled the "President 
and Trustees of the Waynesvllle Seminary," and in that 
name to remain in perpetual succession. The said sem- 
inary shall be located and remain at or near Waynesvllle 
in the county of McLean, and state of Illinois. 

Sec % The object of the said corporation, shall be the 
Objects of coi- promotion of the general interests of education, 
poraion Sec. 3. The corporate powers hereby bestowed, shall 

be such only as are essential or useful in the attainmentof 
said object, and such as arc usually conferred on similar 
bodies poliLic, viz: To have perpetual succession; to make 
contracts; to sue and be sued, plead and be impleaded; to 
grant and receive by its corporate name, and do all other 
acts that natural persons may; to accept, acquire, pur- 
chase or sell property, real, personal and mixed, in all 
lawful ways: to use, employ, manage and dipose of, all 
such property, and all money belonging to said corpora- 
tion, in such manner as shall seem to a majority oi the 
trustees best adapted to the promotion of the aforesaid ob« 
jecl; to have a common seal, and to alter and change the 
same; to make and alter from time to time, such by-laws 
for its regulation, as are not inconsistent with the consti- 
tution and laws of the United States or of this state, and 
to confer on such persons as may be considered worthy, 
such academical or honorary degrees, as are usually con- 
ferred on similar institutions. 
President and Sec. 4. The president and trustees shall be stockholders 
trustees to be jn said corporation; and the trustees shall consist of eight 
Nombel-f*"* persons, who together with the president, shall be elected 
When elected, by the stockholders annually, on the first Monday in Jan- 
uary, and shall hold their otfices until their successors are 
duly elected and qualified, and any person holding more 
than one pght or .«haie in said corporation, shall be enti- 
il«ir TOM gtvai\ tied to one vote for each right or ehare so held; provided 



iNCOUPORATION LAWS. 223 

ko'ivever, that no one person shall be entitled to more 
than five votes. 

Sec. 5. The president and trustees of said corporation, p^^^.^^^^^,^ ^^^ 
shall have authority from time to time, to prescribe and trustees' au- 
rcgulate the course of studies to be pursued; to fix the itioiity. 
rates of tuition, room rent, and the other expenses of the 
institution; to appoint instructors, and such other officers 
and agents as may be necessary in managing the concerns 
of the institution ; to define their duties; to fix their compen- 
sation, and to displace or remove them; to erect necessary 
buildings; to purchase books, chemical and philosophical 
apparatus and other suitable means of instruction, and to 
make rules for the general management of the alfairs of Then powers. 
the institution. 

Skc. 6. The trustees for the time being shall have pow- 
er to remove any trustee from his office as such, for any 
dishonorable or criminal conduct; provided, That no such 
removal shall take place without giving to such trustee 
notice of the charge against him, and an opportunity to 
defend himself before the board, nor unless that two-thirds 
of the whole number of trustees for the time being concur 
in such removal. The trustees for the time being, shall 
have power to fill any vacancy that may occur in the 
board, from death, removal, resignation, or from any oth- 
er cause. A majority of the trustees for the time being To appoint a 
shall be a quorum to do business. '^IIZI "'"^ 

Sec. 7. It shall be the duty of said trustees to appoint a Treasurer to 
secretary and treasurer to the board. The treasurer shall give boud.. 
be requiied to give a bond with sufficient security, in such 
penal sum as the board may prescribe, conditioned for the' 
performance of such duties, as the by laws may require of 
him. 

Sec. 8. The said institution shall be open to all denom- 
inations of christians, and the profession of any particular 
religious faith shall not be required of any that may be- 
come students. All persons, however, may be suspended 
or expelled from this institution by the trustees thereof, What lanrf* 
who do not comply with its by-laAvs. •"''^ '"'*'*'* 

Sec. 9. The lands tenements and hereditaments, to be 
held in perpetuity by virtue of this act, by said corpora- 
tion, shall not exceed s'x hundred and forty acres; provided 
however, That if any donations, grants or devise in land, 
shall, ifrom lime to time be made to said corporation, over 
and above the said six hundred and forty acres, which 
may be held in perpetuity as aforesaid, the same may be 
received and held by said corporation, for the period of 
fiive years, from the date of any such donation, grant or 
devise, at the end of which time, if said land shall not have 
been sold by the said corporation, then and in that case, 
the said kinds so donated, granted or devised, shall revert 



984 INCORPORATION LAW3. 

to the donor, granter, or the heirs of the devisor of the 
same. 

Sec. 10.- That on the payment of the sum of ten dollars^ 
BWit'ac uired^*' ^^^ treasurer of said iribtitution, every free white pet- 
ignsacqu e g^j^ gj^j^ij be considered a Stockholder, and be entitled to 
one vote; and it shall be lawful for each and every stock- 
holder, for the time being, Of said institution, his executors, 
administrators and assigns, ib give, sell, devise and dis- 
pose of their respective rights or shares in said institution, 
and that the said assignees shall be stockholders, and shall 
be entitled to all the rights and privileges in said institu- 
tion, as the original stockholders arc by this act. 

Sec; II. That Zebulon G. Cantrell, Joseph Statten^ 
Russell Post, David Montgomery, William Stunton, Joel 
Commissioners Jackson, John Brown, Dr. F. S. Harrison and James 
to toiicit sub- Hartson, of McLean county, be and they are hereby 
appomted commissioners, to solicit and receive sub- 
scriptions of stock to said institution, and give receipts 
for the Same; and when the sum of one thousand dollars, 
of stock is subscribed, said commissioners, or any three of 
them, shall be and they are hereby authorized to give pub- 
lic notice, b} posting up written notices in six of the most 
public places in the county, of the time and place of holding 
an election of President and trustees of the said institutioti, 
which election shall be held in the town of Waynesvillej 
Illinois, and that the said commissioners, or any threfe of 
them, be and they are hereby appointed judges of said 
election. 

Sec. 12. That in case it should happen that any elec- 
Not dissolved tiou of president and trustees should not take place on 
for failing to any day, when, pursuant to this act, it should have 
h^d election for jjggj^ made, the said corporation shall not for that cause 
be dissolved, but that it shall be lawful on any other day 
to make an election of president and trustees, in such man- 
ner as shall have been regulated by the by-laws and ordin- 
ances of said corporation. 
Approved March 2, 1837. 



In force March AN ACT to amend an act to incorporate the town of Alton. 

a, 1837. 

Whereas, by an act to incorporate the town of Alt6'A, 

Preamble. approved February 16th, l833, among other things, it 
was enacted that an election should be held on the first 
Monday in March, next thereafter the passage of said act 
of incorporation, by the then board of trustees of said 



INCORPORATION LAWS. 225 

town, at which all voters quaUficd should be entitled to 
vote cither for or against said charter or act of incorpora- 
tion; and whereas, it was not known to the inhabitants of 
said town, that said act had been passed until after the 
first of March, 1833; and whereas tlie inhabitants of Alton 
after said date, and so soon thereafter as said act was 
made known to them and the proper notices were given, 
accepted said charter as therein prescribed; and whereas, 
doubts have arisen that said charter does not confer any 
powers and authority on the trustees of said town, elected 
under said charter, by reason of the informality in point 
of time, when the same was accepted by the people; 
Therefore, 

Sec. 1. Be it enacted hy the people of the State of Illinois^ 
represented in the Gcnrral Jlssenibly, That the said charter 
of the town of Alton, and the amendments thereto, accep- 
ted by the people of Alton as aforesaid, be and the same 
is hereby declared to be legally and properly accepted by 
the inhabitants of said town, according to the spirit and 
meaning of said act of incorporation, of which this is an 
amendment, as declared in the fifteenth section of said act. 
And it is hereby declared, that all the official acts hereto- 
fore done, and which may and shall hereafter be done by ^ji^cts done 
the trustees of Alton, elected under the provisions of said to be consider- 
charter, shall be as valid and binding in law and equity, ed valid. 
upr>n said trustees as such; and upon all persons coming 
within the purview and meaning of said act of incorpora- 
tion, as if said charter had been accepted according to the 
strict letter and declaration of said act. 

Sec. 2. That the trustees of the town of Alton are here- 
by authorized and empowered to borrow any sum of mon- Power tobori 
ey, not exceeding two hundred thousand dollars, at such >"°^^' '"""^y. 
rates of i nterest as to them shall seem meet and expedient, 
from time to time, as shall be necessary for the purpose of 
improving said town, according to the wants and interests 
of the inhabitants thereof, and to mortgage or pledge, by 
bond, bond and mortgage, deed of trust, assignment, or oth* 
erwise, underthc signature of their president, with the cor- 
pofate seal of said town affixed thereto. All or any of the 
revenues that may hereafter arise or accrue to said town, 
from taxation on real or personal estate, from wharfage, 
from granting licenses to merchants, or from any other 
source of revenue whatever, within said town of Alton, 
for any term of years, as to the said trustees shall seem 
expedient, to pay off and liquidate the principal and 
interest of any loan that may be made for the purpose 
aforesaid. 

Sec. 3. That the trustees of the town of Alton shall 
20 



220 INCORPORATION LAWS 

Keep load ill hereafter be required to keep all public roads in good 
repair. order and repair, within one mile from the limits or boun- 

daries of said town; and also, to keep in good order and 
repair all public roads leading through said town, and for 
that purpose the said trustees shall have the cxclusiv.c right 
T''"^' I ^'"^ ^"^^'^ "P*^" every male person in Alton, over the age of 

bor'. "^^^ ^'twenty-one years, and under the age of fiity years, being 
residents of said town, to perform three days labor on 
siiid roads annually, or to pay into the town treasury the 
sum of seventy-live cents for each and every day that said 
residents shall refuse to labor as aforesaid; and in case of 
non-payment or refusal to labor, the trustees shall have 
power ti> sue for and collect the same, as now provided, 
under the provisions of the general road law; and that after 
the due perlormance of the labor aforesaid, or payment of 
the penalty aforesaid, said residents shall be exempt from 
any other taxation under the power and authority of the 
county commissioners of Madison county, by virtue of the 
provisions oi" the general road laws of the state of Illinois. 
Skc. 1. Tliat the trustees of the town of Alton shall be 
Siiaii take care rc(piired from and after the passage of this act, to provide 
r.{ paupors. fop^ and take care of, all paupers within the limits of said 
town; and to accomplish this oldcct, the said trusteesshall 

t-hall licence , ,i ,• i, i .i-i ii- 

all tavenis &c '^'*'^'*^ ^'^^ cxclusive right, power and autnority, to license 
all femes, taverns, merchants, auctioneers, pedlars, gro- 
cers, theatrical and other shows and performances, within 
the limits of the town of Alton. 

Skc. 5. That hereafter, all elections for trustees or 
oLhcroniccrs of the town of AKon shall bo by ballot, at 
snrh time or times, as the said trustees shall by ordinance 

Ma • cstaW li ^'''^^'^' 

common^ ' '""' ^^^' ^' '^'^'^^ tmstces of tiic towu of Alton arc hereby em- 
schools, powered and authorized to establish elementary or com- 
mon schools, whei'cin reading, writing, arithmetic, geog- 
rapiiy, grammar, ami other useful branches of English ed- 
ruichasc lots, ucation may be tauglit, and for this purpose said trustees 
arc authorized and empowered to purchase lots, erect 
buildings or school houses, and suitably to fuinish the 
same, in such parts of the town as may by them be deemed 
FiuNiso. niost convenient and beneficial to the citizens thereof; 
Provided^ That not more than one house shall be erected 
for every seven hundred and fifty inhabitants; and to pro- 
Sha!ivit,;t cKwc suitable teachers for the same. And said trustees, or 
fc 00 ,,qi,ine.. ^^^^.^^^^^ np!)ointcd by them, shall visit said schools quar- 
terly', and report to (he town at their annual meeting to be 
held for that purpose, the state of moials, discipline, and 
:\riy assess, progress in learning in said schools. And the said trus- 
tees arc hereby etnpowcred to assess upon the real estate 
of said town the sum necessary to purchase lots and erect 
the buildings necc'^sary for such purpo:fc, and to asscs>j :i 



INCOUPORATIOiN LAWS. 227 

lax on personal property, sufficient to raise the necessary 
sum of money for tlic support of said schools, which as- 
sessment shall not exceed one quarter per cent, and con- 
stitute a fund exclusively for the support of common 
schools. The trustees of said town are lierebj' empowered 
by ordinance, to direct whatever may be necessary to be ^ , 
done tor successfully carrymg into operatuni the provis- 
ions of this section. 

Skc. 7. That this act shall take effect and be in force 
from and after the time that said act shall be accepted by 
a majority of the votes given by the voters of said town, 
at an election to be held for that purpose, previous to 
which election at least ten days notice shall be given by 
the president of the trustees of Alton, to be published in at 
least two of the public newspapers published in said town; Proviso. 
Provided, The election shall be had before the first day of 
December, in the year of our Lord 1837, 

Ari'Rovp.D 2d March, 1837, 



AN ACT to iiicoi'poi-ate ihe Hennepin Briilcre Company, , , », . 

2J. 183"? 
Sec. 1 . Be: it enacted by the People of the State of liliyiois, 

represented in the General Assembly, That all such persons 
as sh,ill become subscribers to the stock hereinafter men- 
tioiied shall be and they are hereby constituted and de- Body politic <k 
clarcd a body corporate and politic, by the name and style coipoiate. 
of the '"Hennepin Bridge Company," from and after the 
passage of this act, and by t'latname they and their suc- 
successors shall, and may hereafter have the succession, Piiviiegei 
and shall in law be capable of suing and being sued, plead- 
ing and being impleaded, answer and be answered in all 
courts and places whatsoever; and they and their succes- 
sors may have a common seal, and may alter and change 
the same at pleasure; and also, they and their successors, 
by thai name and style shall be in law capable of pur- 
chasing, holding and conveying any estate, real and per- 
sonal, for the use of said corporation; but the said real 
estatcto be holden, shall be such only as shall be necessa- Amount of 
ry lo promote or attain the object of the corporation. capital stock 

Sec. 2. That the capital stock of said corparatian shall 
be fifty thousand dollars divided into one thousand shares 
of fifty dollars each. And BradstreetM. Hays, Samuel W, 
Koikland,WilliamsonDurley,AmmonMoon,James J, Holt, 
Benjamin R. Sheldon, Hugh N. Schooler, George B. VVil- '^°""".'"' 
lis, Gardner T. Gochan, and Thomas Hartzell are hereby K^ipSui 
appointed commissioners to receive subscription for the 



lODer* 
•ub- 



J428 INCOHPORATlUN LAWS. 

said stock; and such subscriptions shall be opened at su^I> 
P bi' t" to*''"^ ^^^ place as the commissioners or a majority ofthena 
bcmade'"" ° shall appoint, by notice, to be published in the "Com- 
mercial Advertiser," a newspaper printed in Chicago, 
thirty days before the time appomted. If the requisite 
number of shares siiall not be subscribed for at the time 
and place appointed for such subscription, said commis- 
missioners, or a majority of them, shall take such mea- 
Subscribe 015.1^^''®^ ^'^^ completing such subscription as they may deem 
pay expedient and proper. Every subscriber shall, at the 

timeof subscribing, pay to said commissioners the sum of 
one dollar for each share subscribed. 
Commissioners Sec. 3. As soon as live hundred sharcs shall be subscri- 
to mee"°"" ^^'^^ ^^^^ ^^^^ commissionevs shall give notice thereof, in 
manner aforesaid, and appoint the time and place in 
such notice for such subscribers to meet, for the purpose 
of choosing a treasurer, clerk, and seven directors. Eve- 
ry stockholder shall be entitled at such and all other elec- 
tions, to one vote for each share, to the number of ten, 
and one vote for every five additional shares, which votes 
may be given in person or by proxy. At the election to 
Time of old- [jc hcld as aforesaid, the said commissioners, or such of 
them as may attend shall be inspectors; and their certifi- 
cate of the names of the persons elected shall be conclu- 
sive evidence of such election. The first Monday in the 
month in which such election shall be held shall be the 
anniversary day of all subsequent elections of such offi- 
cers. A majority of the directors so chosen shall be a quo- 
rum, and shall be capable of transacting the business of 
the corporation; and any act of the majority of said direc- 
Directors to ^^^^ shall be binding on said corporation. The said direc- 

dec t urcsiueiit ^ * 

tors when elected as aforesaid, shall immediately proceed 
to the choice of one of their members for presiacnt;and the 
To pass by- said president and directors may meet from time to time, 
Jaws and shall have power to m; ke such by-laws, rules and reg- 

Proviso ulations as shall be deemed expedient and proper, for the 

well ordering of the allairs of the said corporation: Provi- 
ded, The same be not icpiignant to the constitution and 
laws of this state and the United States. 
Corporation Sec. 4. The Said corporation are hereby authorised 

mav erect ^nd empowered to erect a bridge over the Illinois river, at 
bridge Hennepin, which shall be of sutTicicnt elevation to freely 

admit the passage ofstcam boats and other vessels of naviga- 
ting said river at any stage of water. And also to cause to 
be kept lights during the night in some conspicuous place 
on said bridge, to enable boats to pass said bridge without 
injury. 
May take pos- gj,^.^ 5^ The Said president and directors, or other per- 
lessioD of land ^^^^ employed by them, may enter upon a nd take posses- 
sion of the land on each side of the river where such 



I.VCURPOKATION LAWS 909 

bfidgG shall be erected. And the said corporation on ta- 
king possession of such land, and on receiving a convey- 
ance thereof, shall p ly the value of so much of the same 
as may be necessary for making and erecting said bridge; 
and establish a gate, toll-house, and other works ne- 
cessary for said bridge; and in case of a disagree- 
ment between the parties as to such value, the same freeholders. 

• II 1 I • iiji j-'xjjr appointed to 

shall and may be ascertamed by three dismtcrested tree- agsegs^jamages, 
holders of the county where such lands lie, who shall be 
appointed for that purpose by the county commissioners' 
court of the same county, on the application of either par- 
ty, and shall be sworn to make a just valuation thereof. Company to. 

Sec. 0. As soon as the bridge shall be completed, it erect bridge & 
shall and may be lawful for the said corporation to erect '^®<=«''^*"°"* 
a gate at the end of said bridge, and to demand and receive 
the following rates of toll, viz: for each hog, sheep, or 
goat, two cents; for each head of neat cattle, four cents; 
fpr each horse, ass, or mule, four cents; for each one 
horse wagon, or other vehicle, tvventy-five cents; for 
for each wagon ar other vehicle drawn by two horses, or 
oxen, thirty-seven and a half cents; for each wagon or Provho 
other vehicle, drawn by more than two horses or oxen, 
fifty cents; for each man and horse twelve and a half cents; 
and for each foot person, six n,nd a fourth cents: Provided^ 
That all persons citizens of Putnam county shall have a. 
right to cross said"bridge,in going to orrcturnin^ from any 
muster or election in said county, and all gran,d and petit Tersonsinjur- 
jurors in going to and rcturnmg from courts shall be per- J-^ffg^"'^* '** 
mitted to cross said bi idge free from toll. 

Sec 7. If any person or persons shall willfully or ma- 
liciously do or cause to be done, any act whatsoever where- 
by the said bridge or any tiling appertaining to the same 
shall be im})airod, injured, or destroyed, the said person 
or persons so oifcnding shall forfeit and pay to the said 
corporation treble the amount of damages occasioned 
thereby, to be recovered by the said corporatian. with 
costs of suit, in an action of trespass, in any court having _ . , 

. . I ' - •' 10 fix rAt6S 01 

competent jurisdiction thereof. toiionbridge 

Sec 8. It shall be the duty of said corporation to affix, 
or post up, in a conspicuous place over the gate of said 
bridge, a sign-board with the rates of toll written thereon Toii-gatherer 

1 1 .^ subject to fine 

in large letters. ■' 

Sec. 9. If any toll-gatherer sliall unreasonably delay or 
hinder any traveller fiom passing said bridge or shall de- 
mand or receive more toll than is by this act established,he 
shall forevery such offence forfeit andpaya sum not excee- 
ding ten dollars, with costs of suit,to be sued for and recov- 
ered before any justice of the peace of the county, for th,e 
use of the person or persons so unlawfully delayed, hin- 
dered, or defrauded. Approved 2d March, l837. 



230 rNCORPOIlATiON LAWS. 

In force March AN ACT to incorporate the Rushville Insurance Company . 

2, 1837 

Sec. 1. Be it enacted hy the People of the State of Illinois, 
represented in the General jJssernbly, That Ilart Fellows, Ed- 
ward Doyle, Adams Dunlap, Joseph Buiton, James Mc- 
Croskej, Josiah Parrott, Daniel Y. Dav.lej, and G. W. 
P. Maxwell, and their associates, successors and assigns, 

T .. are hereby incorporated as a body corporate and politic, 

Incorporation; J i i /• i i^ i n t /- 

name &. style; Dj (hc name and style ot the •'Kushville Insurance Lom- 
tohave con- pany,*' to have continuance for and during the term of tif- 
tiiiuance ^^ years from and after the passage of this act, and by 

such corporate name and style shall be for the time 
Maysueand aforesaid, capable in law and equity, to sue and be 
be sued sued, plead and be impleaded, answer and be answered 

unto, defend and be defended in all manner of suits, 
actions, pleas, causes, matters, and demands whatso- 
ever, in as full and effectual a manner as any person or 
persons, bodies corporate and politic may or can do, and 
Can have a may have a common seal, which they may alter or break 
.common seal ^^ pleasure; and may purchase, hold, and convey any real 
froviso ^j. personal estate for the use of said company: Provided^ 

That said company shall not at anyone time hold real 
estate exceeding the value of five thousand dollars, except- 
ing such as may be taken for debt, or held as collateral 
security for money due to said company. 
Can insure on ^^^* ^' I'hat said company shall havc full power and 
lives lawful authority to insure all kinds of property against 

loss or damages by fire or any other cause or risk, to make 
all kinds of insurance against lo5s and damages on goods, 
merchandize, and produce, in the course of transportation 
or otherwise, whetlier by land orwater,and any vessels or 
boats wherever they may be; also, to make all kinds of 
insurance on life or lives, to loan any part of their capi- 
tal stock on respondentia and bottomry, or on mortgage of 
real or personal security, and receive such premiums or 
interest on such lf)ans orniorlgages therefor as is provid- 

_ ^ . ed in this act. Said company may cause themselves to be 

Can be insured • • • , i • i ^l l • j- 

insured agamst any loss or risk they may have incurred in 

the course of their business, and against any maritime or 
other risk they may have in any vessel, boat, goods, mer- 
chandize, or other property by means o.f any loan orloans 
which they may have made on respondentia or bottomry, 
and generally to do and perform all other necessary mat- 
ters and things connected with and proper to promote the 
^rovijo objects of this incorporation: Peovided, That when said 

company shall loan on mortgage of real estate any portion 
of their capital stock, they shall not be authorised to charge 
a higher rate of interest therefor than twelve per cent. 
(l2 per cent.) per annum. 



INCORPORATION LAWS. 281 

Sec. 3. The capital stock of said company, exclusive of Capital stock 
premiums, notes, and profits arising from business shall be $50,000,si)ares 
lifty tlioiisand dollars, and shall be divided into shares of* 
fifty dollars eaCh, fifty per centum of which shnlj be paid 
in money within six monlhs after the directors of said 
company shall have been chosen, and the residue in maney^ 
to be paid twenty-five per centum in twelve months, and 
twenty-five percentum in eighteen monlhs from and after 
said first meeting, under such penalties as the president 
and Uircctors may, in their discretion, order and appoint. ^^^'^^ "^^y ^° 

Skc.4. The capiteil stock of said company may hereafter i';',';,Xg"°* 
be increased to any amount notexceedingfivehundred thou- $500,000 
usand dollars, should a majority of the stockholdersdeem it 
advisable. And the additional stock so subscribed, and fifty 
per centum thereof,paid in within six months after the said 
capital stock shall have been so increased. The stock of said Stock deemed 
company shall be deemed. personal property and assigna- P^'-""^' P'op- 
ble and transferrable on the books of the incorporation,^''^ 
but no stockholder indebted to the corporation shall be 
permitted to make a transfer until such debt be paid or 
secured to the satisfaction of the directors. 

Sec. 5. That Hart Fellows, Edward Uoyle, A. Dunlap, ^ 

Jit). T 'M /-■« I r\ • I ir T\ 1 I Coiiimisfioners 

osepa Uurton, James McLroskey, Uaniel V . Dawley, and appointed 

J. Parrott, are hereby appointed commissioners to receive 
subscrijjtions to the capital stock of said company. Said 
commissioners, or a majority of them, shall open one or 
more subscription books for said stock, on such days and 
at su ^h places as they may deem proper, and keep the 
same open until the whole of said capital stock siiall be j^Tyjjj,^ 
subscribed, giving at least twenty days notice of the time 
and place where such subscription books will be opened. 
The sum of one dollar shall be paid to said commission- 
ers on each share that may be subscribed; and whenever 
the whole amount of the capital stock shall be subscribed, 
said commissioners, or a majority of them, shall call a 
meeting of the stockholders by giving public notice in 
some newspaper published in this state, at least fifteen days 
for tlie purposeof ch.oosing aboard of directors inpursu 
ance of this act, which meeting shall be held in the town 
of Rusliville. And sosoon as a board of directors shall be 
chosen and organized, said commissioners shall deliver the 
subscription books and the whole amount they may have 
received on such subscriptions, to the board of directors. 

Sec. G. The stock, property, and all the transactions ^"j^.'J.'^JJ^^J'y 
and business of said company shall be conducted by nine 
directors, who shall be chosen by the stockholders, by bal- 
lot or authorised proxies (each share shall be Giititled to one 
vote,) and shall, at the time of their election and during 
the time they shall hold the oflice of directors, be cit- 
izens of this state, and holders respectively, of not les» 



23^ INCORPORATION LAWS. 

than ten shares of the capital stock of said company. — 
T^rm of office Said directors shall hold their office for one ycarfrom their 
election and until their succcbsors shall be elected and 
qualified. Thcyshall elect one of their own body presi- 
dent, and in case of the death or resignation of any of the 
said board of directors whereby a vacancy shall occur, it 
shall be lawful for a majority of the surviving or remaining 
Can fill vacau- directors to call a meeting of the stockholders to rill such 
cies vacancy. 

Sec. 7. The president and four of the directors or five 
of the directors in the absence of the president shall be a 
board competent to the transaction of business, and shall 
Ppwerto make have power to make such rules, regulations and by-laws, 
by-laws ^3 to them may seem proper, touching the management 

and disposition of the property, stock, and effects of -said 
company, and the transfer of stocks, and touching the 
duties of the several officers and clerks employed by them, 
and the election of directors and all such matters as ap- 
pertain to the business of insurance, and shall also have 
To appoint a power to appoint a secretary, and to i-cgulatc the salaries 
eecretary and wages of all persons in their employ: Provided, Such 
by-laws and rules are not repugnant to the constitution 
and laws of this State or of the United States. 

Sec. 8. It shall be the duty of the directors of said com- 
pany at such times as the by-laws thereof siiall prescrioe, 
to make dividends of the profits and interest accruing from 
the business of said company, as to them shall seem meet 
and proper, and shall lay before the stcclcholdcrs a partic- 
ular statement of the profits, if any there be, after deduci- 
ing losses and dividends, and also such other information 
relative to the affairs of said company whenever a majori- 
ty of the stockholders shall require it. And said corpora- 
tion shall not take any risk, nor subscribe any policy by 
virtue of this act, until one moiety of the capital stock of 
said company shall have been abtually paid in. 

Sec. 9. Said company shall not, directly or indirectlj^," 

Bu 11 ..J deal or trade in buyine or selling anv goods, wares, metr 
Bba II not trade , .. *',. v • , ° ' i .i ^ • i ,. i 

chandise, or commodities whatever; and the Capital gt6ck 

of said company, collected at each instalment shall, with- 
in sit months thereafter, be invested either in real estate 
or lo.ined and secured by mortgage of real estate, or on 
personal security in this state, at such lates of interest as 
are lawful for individuals to charge and rt-ccive in this 
ProvMo' State: Pro^>irferf, That it shall not be lawful for any body 

Corporate, bank, or company without the limits of this 
state to hold any portion of the capital stock of said com- 
pany; nor shall any body corporate, bank, or company in 
this state, holding stock of said company, be entitled to 
rote at any election for directors of said company. 



Proviso 



To make divi 
dends 



INCORPORATION LAWS. 233 

Sec. 10.. That in case of any loss or losses taking place In caseof losr- 
which shall be equal to the amount of the capital stock of" 
said company, and the president and directors after 
knowing of such loss or losses having taken place, shall 
subscribe to pay any policy of insurance, their estates, 
jointly and severally shall be accountable for any and ev- 
ery loss which shall take place under policies so subscrib- 
ed and the estates of the stockholders aforesaid, shalh be 
liable to any losses equal to the amount of said capital 
stock subscribed and not actually paid in, in all cases of 
losses exceeding the means of said company, whether they 
consist of stock paid in, or profits not divided. 

Approved 2d March, 1837. 



AN ACT to incorporate the Rush Medical College In fore* March 

2, 1837 

Sec. i. Be it enacted by the People of the State oj Illinois^ 
i-epresented in th& General Assembly^ That Thcophilus W. 
Smith, Thomas Ford, E. D. Taylor, Josiah C. Goodhue, 
Isaac T. Hinton, John T. Temple, Justin Buttcrficld, Ed- 
mund S. Kimbcfly, James H. Collins, Henry Moore, S. S. 
Whitman, John Wright, William B. Ogden, Ebenezer 
Peck, John 11. Kinzcy, John D. Caton and Grant Good- 
rich, be, and they are hereby created a body politic and Body politic & 
corporate, to be styled and known by the name of the corporate cre- 
"Trustces of the Rush Medical College," and by that style H;^^^ 
and name to remain and have perpetual succession. The 
College shall be located in or near Chicago, in Cook coun- Where located 
ty. The number of trustees shall not exceed seventeen, No. of trustees 
exclusive of the Governor and Lieutenant Governor of this 
State, the speaker of the House of Representatives, and 
the president of the College, all of whom shall be ex offi- 
cio members of the board of trustees. 

Sec. 2. The object of incorporation shall be to promote Object of in- 
the general interests of medical education, and to qualify corporation 
young men to engage usefully and honorably in the pro- 
fessions of medicine and surgery. 

Sec. 3. The corporate powcr^ hereby bestowed, shall 
be such only as are essential or useful in the attainment of 
said objects, and such as are usually conferred on similar 
bodies corporate, namely : In their corporate name to have 
perpetual succession; to make contracts; to sue and be 
sued, to plead and be impleaded; to grant and receive by 
its corporate name, and to do all other acts as natural 
persons may; to accept and acquire, purchase and sell pro- '^^ P"^'^*'*** * 

30 



ii34 INCORPORATION LAWS. 

perty, real, personal, or mixed; in all lawful ways to use^ 
employ, manage, dispose of such property, and all mo- 
ney belonging to said corporation, in such manner as 
shall seem to the trustees best adapted to promote the ob- 
jects aforesaid; to have a common seal, and to alter and 
To make by- change the same; to make such by-laws as are not incon- 
^^"^^ sistent with the constitution and laws of the United States, 

To confer (Je- and tilis State ; and to confcr on such persons as maybe 
considered worthy, such academical or honorary degrees 
as arc usually conferred by such institutions. 
Trustees may j^^c. 4. The Trustees of Said College shall have Ruthof- 

prescni)e and •,/ • ... ^ ., R i^.i 

regulate couiie '''J' ''"om tmie to tmic, to prescribe and reguuite the course 
of studies ot studies to be pursued in said College; to fix the rate of 
Appoint in- tuition, lecture lees, and other College expenses: to ap- 

stiuctors and • , • , , r i i i ir i 

other officers point instructors, proicssors, and such other oilicers and 
agents as may be needed in managing the concerns of the 
institution ; to define their powers, duties and employments^ 
and to fix their compensation; to displace and remove 
cither of th;e instructors, ofiicers or agents, or all of them^ 
whenever the said trustees shall deem it for the interest of 
Fill vacancies the College to do so; to fill all vacancies among said in- 
structors, professors, ofiicers or agents; to erect all neces- 
sary and suitable buildings; to purchase books and philo- 
To procure ap- 5ophical and chemical apparatus, and procui'e the neces- 
paiatus sary and suitable means of instruction in all the different 

T«» make luies.jjcpartmcnts ot medicine and surgery; to make rules for 

the general management of the alltiirs of the College. 
Trmtees may Sec. 5. The board of trustees shall have power to re- 
remove other i . r n^ t f \ I- 1 • • 1 
trustees for move any trustee irom oliicc ior dishonorable or criminal 

misconduct conduct; Py-oi'/t/e^/, That no such removal shall take place 
No removal without giving to such trustcc notice of the charges pre- 
TOdco" ^'^'"^ftuTcd against him, and an opportunity to defend himself 
before the board, nor unless two-thirds of the whole nuni- 
bcr of trustees for the time being, shall concur in such re- 
moval. The board of trustees shall have power whenever 
a vacancy shall occur by removal from office, death, resig- 
nation, or removal out of the State, to appoint some citi- 
zen of the State to fill such vacancy. The majority of the 
trustees for the time being, shall constitute a quorum to 
transact business. 

Sec. G. The f-rustecs shall faithfully apply all funds by 
them collected, in erecting suitable buildings; in support- 
ing the necessary instructors, professors, officers and a- 
gents; and j)iocuring books, philosophical and chemical 
apparatus, and specimens in natural history, mineralogy, 
geology and bt)tany, and such other means as may be ne- 
cessary or useful for teaching thoroughly the different 
Proviso branches of medicine and surgery; Provided, That in case 

any donation, dcviso, or bequest, shall be made for partic- 



INCORPORATION LAWS. ii35 

ular purposes, accordant with the objects of tlic institution, 

and the trustees shall accept the same, every such donaton, 

devise, or bequest, shall be applied in conformity with the 

express condition of the donor or devisor; Provided also, y^^yi^^^j piovi- 

That lands donated or devised as aforesaid, shall be sold or so 

disposed of as required by the last section of this act. 

Sec. 7. The treasurer of said College always, and all Treasuiei- to 
other agents, when required by the trustees, before enter- 1^|^^^°"'^ ^"^ 
ing upon the duties of their oflice, shall give bonds rcspec- 
tively, for the security of the corporation, in such penal 
sum, and with such sureties as the board of trustees ap- 
prove; and alljprocess against said corporation shall be by PioceBg, how 
summons, and service of the same shall be by leavine: an^^^^^'^ 
attested copy with the treasurer of the College, at least 
thirty days before the return day thereof. 

Sec, 8. The lands, tenements and hereditaments, to be Lands held in 
held in ptjrpctuity in virtue of this act, by said institution, peipemity shall 
shall not exceed six hundred and forty acres; provided, hozv- ^^°l^^^^^'^ ^^ 
ever, That if donations, grants or devises of land, shall 
from time to time be made to said corporation, over and 
above six hundred and forty acres, which may be held in 
perpetuity as aforesaid, the same may be received and 
held by said corporation, for the period of six years from Period 
the date of any such donation, grant or devise; at the end 
of which time, if the said lands, over and above the six 
hundred and forty acres, shall not have been sold, then, 
and in that case, the lands so donated, granted, or devis- 
ed, shall revert to the said donor, grantor, or to their heirs. 

Approved 2d March, 1837. 



AN ACT to incorporate the Unity Manufactuviiig Company. In force 2(i 

Jiarch, 1837. 

Sec. 1. Be it enacted by the people of the State of Illinois^ 
represented in the General Assembly, That David Hailman, 
Peter Hailman, Lemuel B.Lisenbee and Thomas Howard, 
and their associates and successors, be, and they are here- Constituted a 
by constituted a body politic and corporate, and under the ''"^^ corporate 

„ r tu lltt -i ir c . ■ ,^ 11 . 1 1 and pontic 

name o{ the "Unity Manutacturmg Company, to be lo- 
cated at or near the town of Unity, in the county of Alex- 
ander, and by thatname shall have power to contract and Powers and 
be contracted with, sue and be sued, })lead and be implead- P^'^'^^g" 
ed, answer and be answered unto, in all courts having 
competent jurisdiction, and shall be vested with all the 
powers and privileges necessary to the objects of their in- 
cprporation, 



236 



INCORPORATION LAWS. 



To give and 
receive promis- 
sory notes 



Real estate 
may be owned 
fjy poinpany 



Amount of 
capital ftock, 
and may be in- 
creased 

Proviso 



Subscriptions 
opened by di- 
rectors, &c. 



•Shares may be 
forfeite<l 



Directors elect- 
)6d, to conduct 
the aflairs of 
corpoiatioa 



Sec. 2. Tiie said company shall have power to give and 
receive pi'omissorj notes; to enter into and carry on all 
kinds ofmcchanical and manufacturing business; to erect 
mills, furnaces and machine shops, for the manufactory of 
flour, lumber, woolen and cotton goods, castings, machi- 
nery and larming utensils. 

Sec 3. I'hc real estate owned by the company, over 
and above the lots of land on which their buildings are 
erected, shall not exceed six hundred and forty acres, ex- 
cept such as shall be held as collateral security for debts 
bona fide owed to the said corporation, or may become the 
property thereof by virtue of such indebtedness; and fur* 
ther, no real estate acquired by such indebtedness, shall 
shall icmain the property of said corporation for a longer 
period than five years, under a penalty of a forfeiture to 
the people of said county. 

Sec. 4 The capital stock of said company shall be one 
hundred thousand dollars, with power to increase the same 
at the pleasure of said company, to any sum not exceeding 
three hundred thousand dollars, which capital stock shall 
be divided into shares of fifty dollars each; Provided, Thai 
the total amount of debt said company shall owe, shall 
never exceed the amount of their capital stock; and in 
case of such excess, those under whose administration it 
shall happen shall be holden for the same in their natural 
and private capacity; but this shall not be construed to ex- 
empt the corporate property of the company from being 
also liable and chargable for such excess. 

Sec. 5. Subscriptions to the capital stock of said cor- 
poration shall be opened under the direction of the directors 
hereafter named; and if more than one hundred thousand 
dollars be subscribed, they shall distribute the stock among 
the several subscribers, in such manner as they may think 
will best promote the interest of the company; and it shall 
be the duty of the directors for the time being, to call for 
and demand of the stockholders, respectively, all sums of 
money by them subscribed, at such time, and in such pro- 
portions, as they shall see fit, under the penalty of the for- 
feiture of their shares and previous payment made thereon, 
to the said corporation, always giving thirty days notice 
in some newspaper in the State, printed in or nearest said 
town. 

Sec. 6. The stock, property and concerns, of the said 
corporation, shall be managed and conducted by five di- 
rectors, who shall, at the time of their election, be holders 
respectively, of not less than fifrcen shares of the capital 
stocks of said company; said directors shall be chosen ant 
nually, on the first Mondays in June, by <he stockholders 
or their proxies, which shall be by ballot; each share of 



L\CH)RP0UATJ0I1 LAWS. 237 

the capital stock shall be cntilled to one vote, and the five 
persons receiving the greatest number of votes shall be 
deemed duly elected, to hold their office one year and Term of office 
until others are elected to fill their places; the directors so 
chosen, or a majority of them, shall constitute a board and 
be competent to the transaction of business, and may from 
time to time make and prescribe, ^such by-laws, rules and 
regulations, relative to the concerns of said corporation; 
the duties of the president and agents, (each of whom shall 
be elected by a majority of the directors so chosen,) and 
shall also regulate the duties of their agents, clerks, and all 
others by them employed; and also shall appoint a trea- 
surer, who shall give bond to the president and directors, Treasurer to 
in such amount, and in such manner, as the said directors S'^^ ^°"^ 
shall prescribe; and the said directors shall have power to 
appoint such other officers, agents and clerks, as may be 
necessary to carry on the business of said corporation. 

Sec. 7. David llailman, Peter Hailman, Lemuel B. 
lasenbee and Thomas Howard, shall be directors from the 
time this act takes effect, and until others are elected in 
their stead. Four weeks previous notice of an election. Notice to be 
after the first shall be given, of the time and place of hold-8'^'^" 'o'^ *'«ct 
ing such election, by publishing such notice, once in each''°" 
week, for four weeks immediately preceding such election, 
in a newspaper printed in or nearest said town, and said 
election shall be holdcn under the inspection of said di- 
rectors. 

Sec. 8. The corporation hereby created sliall continue Duratiou 
twenty years, and no longer. 

Sec. 9. The company shall at all times keep proper Company to 
books of accounts, in which shall be ];-egistercd all the ''^''P '**^''^°f 
transactions of the corporation, and the same shall at all ' 

times be subject to the inspection of the stockholders; and 
it shall be the duty of the directors to make annual divi- 
dends, or at such other times as a majority of the directors 
may direct, of so much "f the profits of said company, as to 
them, or a majority of them, shall appear advisable; and 
the said directors whenever required by a majority of the 
stockholders, shall exhibit at a general meeting, a full and 
perfect statement of the debts and credits, and all such 
other matters as shall be deemed essential, relating to the 
affairs of the company. 

Sec. 10. A majority of the stockholders whenever they 
deem it necessary, m.iy call a special meeting of the com- Stockhoiiiere 
pany; and provided the regular elections shall not take "?ay call aspt* 
place at the time herein provided for, it shall be lawful "^^^^'^^ 
for any two of the stockholders to call a special election, 
giving notice of the time and place as herein provided. 

Sec 11. The stock not disposed of by the directors in ^'°<^'' "*** '**•' 



^ 



INCORPOUATION LAWS. 



posed of may 
be issued by di- 
ne tC» 



Stock deemed 
personal prop- 
erty. 



Company not 
invested with 
banking pri- 
vileges 



Public act 



the manner hereinbefore named, shall and may be issued 
by the directors for the time being, according to the by- 
lawsand regulations tiiat may be adopted by the said com- 
pany. 

Sec. 12. The stock of said company shall be deemed 
personal property, and assignable and transferrable on 
the books of the corporation, but no stockholder indebted 
to the corporation shall be permitted to make a transfer 
until such debt be paid, or secured to be paid, to the satis- 
faction of the directors. 

Sec 13. That nothing in this act shall be so construed 
as to invest said company with any banking privileges, or 
to authorize them to make, emit, or alter, any bills of credit, 
bank notes, promissory notes, or other things to be used as 
a circulating medium, as, and in lieu of money. 

Sec 14. This act is hereby declared to be a public act, 
and shall be so taken and liberally construed, and shall 
take eflect and be in force from and after its passage* 

Approved 2d March, 1837. 



In force JVfarch 
a, 1837. 



Compaay in- 
corporated . 

Name. 



Powers. 



Common. seal, 



Capital stock, 
Share. 
Lands, build- 



AN ACT 10 incorporate the Callioun Coal and Mining Company. 

Sec. 1. Be it enacted by the people of the Slate of IllinoCs^, 
represented in the General Assembly^ That Jeremiah A. 
Townsend and William Lane, their associates, successors 
and assigns, be and they are iicreby constituted a body 
politic and corporate, by tiic name and style of the "Cal- 
houn Coal and JNIining Company,'' for the more conven- 
ient ownership and mining of coal, metals and minerals, 
in the counties of Calhoun and Madison, state of Illinois, 
and the transaction of the usual business of companies 
engaged in the mining, smelting, transporting and selling 
the products of coal, metal, mineral and other mines. 
And the said corporation, by the said name, is declared 
and hereby made capable in law to sue and be sued, to 
plead and be imj)leadcd, to have a common seal, and the 
same to alter or destroy ;it pleasure; to make rules and by- 
law^s, for the management of said corporation, consistent 
with the laws of this state, and generally to do and execute 
whatever by law, shall appertain to such bodies politic. 

Sec 2. The capital stock of said corporation shall con- 
sist of twenty-live thousand dollars, to be divided into five 
hundred shares of fifty dollars each, which capital shall be 
employed in purchasing and holding lands, not to exceed 
two thousand acres; in constructing and employing build- 



INCORPORATION LAWS. 239 

ings, machinery, vessels, boats, arks, and such other im- 
provements as shall be necessary or useful for the trans- 
acting of the business of mining, coaling, smelting, trans- 
porting and selling tlie products of coal, metal, mineral 
and other mines; provided nevertheless^ That the stockhol- Piovisd. 
ders of said corporation, at a general meeting, and by a 
vote, the majority of which shall represent a majority ofthe 
whole stock of the corporation, may and are hereby cm- 
powered to increase the capital stock of said corporation ^"^P'"*i stock 
to fifty thousand dollars, divided into shares of fifty dol- "'^^Jlj '"' 
lars each, and to be employed in the manner aforesaid, 
which increase shall be sold or distributed, as the votes 
aforesaid, representing a majority of all the stock of said 
corporation, shall direct. 

Sec 3. That for the purpose of carrying into cfTect thn 
object of this act of incorporation, Nathnniel Buckmaster, 
Jeremiah A. Townsend, John Webster Chickering, Jacob 
C. Bruner, E. A. Harrison, and William Lane, are here- ^'°m"iis3ion<'r» 

. ' , . . ' , . . . . . appointefl to 

by appomted commissioners to obtam subscriptions to the receive sub- 
capital stock of said company; and the commissioners or ^ciiptions of 
a maiority of them, shall cause books of subscrii)tion to be p'"^"*,' , ,. ^ 

J-' -Tri- 1 r uither duties. 

opened at Alton, m iVlailison county, under their own su- 
pervision, and at St. Louis, in the state of iMis-.ouri, under 
the supervision of Enoch C. March, or any other person 
appointed by them the said commissioners; and they shall 
cause twenty days notice to be given thereof, in some one 
Of more papers printed in Alton and St. Louis. They 
may furtlicr take such measures for completing the sub- 
scription of the stock of said coi'poration, as they may 
deem expedient and proper. Every subscriber, shall at 
the time of making his subscription, pay the sum of one yVhat amount 
dollar on each share siibscribed, and should more than the to be paid on 
whole amount of the capital stock of said corporation be tvu' ^''^'"®•u 

•11/- • • r I 1 -1 1111 '''' "^" Stock 

subscribed lor, a majority oi the subscribers shall have shall be appoi- 
power to apportion, to each subscriber, the amount of stock tinned. 
to which each individual shall be entitled; provided, That ^''^^'^o. 
the rule of apportionmcntshall be general, and shall apply 
to each subscriber. 

Sec 1. The capital stock, proj)erty, and all concerns of ^^^^"^^7^"^^ °^ 
the corporation, shall be managed by live directors, cho- Directors, 
sen from the stockholders, who shall have power to ap- 
point from their number a president, secretary, treasurer, P'^sicient, di- 
and such other ofiicers, as they may deem expedient and ' 

proper, for the management of the business oftiie corpor- 
ation. The first election for which directors shall be, after First elecUon. 
public notice given by", said comini-sioners, or a ma- 
jority of them, for twenty days, in someone or more pa- 
pers publisiicd in Alton and Saint Louis, who shall hold 
their offices for one year, or until their successors are ap- 



^HO INCORPORATION LAWS. 

pointed; and the meeting for the choice of all directors, 

after the first, shall be holdcn at such time and place, as' 

the stockholders, representing a majority of all the stock 

of the coiporation shall appoint; of which meeting notice 

shall be given to each stockholder by the secretary of the 

, , , corporation. In all elections for directors, or in transact- 

in eiectiams, . ' ,, , . /■ ,1 1- ji , 

how votes may '"S ^^Y othcr biiJincss ol the corporation, that may come 

be given. bcforc the stockholders, each stockholder shall be entitled 

to one vote for ever}' share held by him or her, which may 
be given by self or by proxy, duly authorized in writing, 
and a majority of the votes thus given, shall be necessary 
for the election of directors, or the affirmative decision of 
any other business acted upon. 

Sec. 5. The directors, or a majority of them, may re. 
Further power ^"^^^ '•'^'^ payment of the stock subscribed, in such sums, 
offiirectors at such time and place, and under such conditions, as they 
shall deem proper, a notice of which shall be given in 
writing to each subscriber; and if any stockholder shall 
fail to pay his proportion or instalment, as specified in 
said notice, the amount previously paid by such delin- 
quent stockholder shall be forfeited to the corporation, 
and his stock may be sold to any person, and for such 
price as may be agreed upon between the directors of 
said corporation and the purchaser. 

Sec. 0. Dividends of the profits accruing upon the bu- 
siness of said corporation, shall be made from time to 
en s. tiuie, payable at such time and place as the directors shal} 
appoint. 
Stock deemed '^^^' ^* ^hc stock of Said corporation shall be deemed 
personal prop- personal property, and shall be assignable and transferra- 
•'■'y- blc upon the books of the corporation, according to such 

rules and regulations as the directors shall from time to' 
lime make and establish; and no stockholder, indebted to 
said corporation, shall be permitted to make a transfer or 
receive a dividend until such debt be paid or secured to 
the satisfaction of the directors. 

Sec. 8. The directors shall keep, or cause to be kept, 
Directors to proper books of record and account, in which shall be reg- 
kcep books of ularly entered, all the transactions of the corporation; 
couiit. ^"' ^*^" which books shall, at all times, be subject to the inspec- 
tion of the stockholders. 

Sec. 9. The corporation created by this act, shall con- 
Duration of tinue for twenty years and no longer. 
«i.arter. AprROVED 2nd March, 1837. 



iNCOUPORATlOiN LAWr^. 211 

AN ACT to incorporate tlie Peoria Maniifactuiiiig and Exporting Company. I„ force March 

2,1837. 
Sec. 1. Beit enacted by the people of the State of Illinois, 
represented in the General Assembly, That all such persons 
as shall become stockholders to the stock hereinafter crc- ^"''^ p°'"'*; *- 
ated, shall be constituted a body politic and corporate by ted. 
the name and style of the "Peoria Manufacturing and Style 
Exporting Company," and by that name and st}lc they 
and their successors shall have power to contract and be P"^^^" 
contracted with, to sue and be sued, to plead and be im- 
pleaded, in all courts and p'aces whatever, and to do all 
other acts as natural persons, for the term of twenty years 
from the passage of this act; may purchase, hold and con- 
vey any real or personal estate for the" use of said com- 
panj^; may have a common seal and alter or change the 
same at pleasure; provided horvcver, that the real estate Proviso 
owned by said company, at any one time, shall not exceed 
one quarter section. 

Sec. 2. Said company shall have power, and they are 
hereby authorized, to erect mills and other buildings, to Fiuthev power. 
manufacture flour, lumber and machinery; to erect fur- 
naces and machine shops; to manufacture and build steam 
engines and boats, and use the same in exporting their 
manufactured articles and products, and to deal in and 
purchase grain and other articles of produce. 

Sec. 3. The capital stock of said company shall be fifty Capital stock, 
thousand dollars, and be divided into sharcsof fifty dollars Shaves. 
each, and may be increased at any time to an amount not!''°*^'' mayb* 
exceeding one hundred and fifty thousand dollars, when a'"'^'^^''^ * 
majority of the stockholders shall deem it advisable; which 
shall be decided by a vote at any general meeting of said 
stockholders. 

Sec 4. For the purpose of carrying into efifcct the ob- 
jects of this incorporation, Jacob D. Shewaller, Francis 
Voris, Thomas J. Hurd, Aquilla Wrenn, Andrew Gray, 
and John C. Caldwell, are hereby appointed commission- ^'"'""^'"''°"*'* 
ersto obtain subscriptions to the capital stock of said '°,.i Jjfj"^^^^^^^^ 
company. Said commissioners or a majority ot them, af- stock. 
ter having given ten days notice in a newspaper printed '^ ''«''' '^"*'"- 
in Peoria, shall open books for the subscription of the 
stock herein created, at some place in the town of Peoria, 
and keep the same open for ten days, unless the said stock 
shall have been sooner subscribed for. If the whole of If whole of 
the said capital stock shall not be subscribed tor during '^'^P""^^ *'°<^'^ 
the ten days, in which the said books arc kept open, the ^^^'^iSerl 
said commissioners shall make such other arrangement may make oth- 
for the further disposition of said stock, as they shall think «'ai''ai'6e- 
advisable for the sale of the same. One dollar on each One'-^ioJiar to 
share of said stock shall be paid at thq time of subscrip- be paid onaach. 

31 »h»r«. 



na 



LNCOKPORATIOiX LAWS. 



■h&Il be held 
for directors. 



Who inspec- 
tors. 
Votes, 



tion, the residue at such Umes and in such instalments, as 
the president and board of directors shall call for the 
same. 

Sec. 5. As soon as one half of the said capital stock 
,„. , . shall have been subscribed for, the said commissioners 
shall give public notice to the stockholders by publication 
in a newspaper printed in Peoria, that an election will be 
held at some place in said town of Peoria, for five direc- 
tors, to be chosen by said stockholders; at which election 
the said commissioners shall be inspectors. Each share 
shall be entitled to one vote, which may be given in per- 
son or by proxy, and the five persons having the highest 
number of votes shall be declared duly elected, and shall 
be directors of said company until others are elected and 
PiMident and qualified. They shall choose one of their number as pres- 
eiher ofBcen ident of the board, and appoint such other officers and 
agents as may be necessary for the management of their 
business. 

Sec. 6. The said president and directors shall have the 
Concerns, how management of the concerns of said company; they shall 
have power to make such by-laws as they shall thi,nk ne- 
cessary for the good government of their concerns; Provi- 
ded, Such by-laws are not repugnant to the constitution 
and laws of the state. 

Seg. 7. The election of directors shall be annually on 
the first Monday of the month in which the first set of di- 
rectors are elected. The stock of said company shall be 
Stock deemed deemed personal property, and transfcrrable on the books 
personal P'OP" ^f gj^jj company, but no person indebted to said company 
shall be permitted to transfer his stock, until such debt be 
discharged to the satisfaction of the directors of said com 
pany. 

Approved 2d March, 18^7. 



managed 
Proviso 



Anpual elec- 
tions 



, , _. AN ACT to incorporate the Dixon Hotel Company. 

In force 2d '^ 

March, 1837. 7 /. 7 o /• u?- • 

Sec. 1. Be it enacted by the people of the btate of lUmots, 

represented in the General Assembly, That John Atchison, 
Constituted a James Evans, Charles S. Boyd, Wm. C. Bostwick, 
SjlfoSie"'^ Charles Chapmm, John Dixon, Smith Galbreath, James 

P. Dixon, L. S. Huft', John Brown, and Samuel Johnson, 
Nam. their associates and successors, be and they are hereby 

constituted a body politic and corporate, under the name 

of the "Dixon Hotel company," to be located in the town of 
P , ,, Dixon, O^Ip county; and by that name shall have power ta 



INCORPORATION LA\TS. 243 

contract and be contracted with, and may sue and be 
sued, plead and be impleaded, answer and bo answered 
unto, in all courts having competent jurisdiction, and 
shall be vested with all the powers and privileges ne- 
cessary to the object of their incorporation, as are here- 
inafter defined and limited. 

Sec. 2. The said company shall have power and be Further powers 
capable of holding, purchasing, improving, selling, and "Jf|*''*' "" 
conveying any estate, real or personal, for the use of 
said corporation; second, to improve or erect buildings 
on the same; third, to rent, lease, or occupy any or all 
such lands belonging to said company for a term not 
exceedmg the limits of this charter: Provided, That the ^'°^"'°* 
real estate, ownco by said company, shall not exceed one 
quarter section of land, except such as may be held as 
collateral security for debts due said company, or may 
become the property thereof by virtue of such indebted- 
ness. 

Sec. 3. The capital stock of said company shall be twen- Capital stock 
ty thousand dollars, which capital stock shall be divided 
into shares of fifty dollars each, and subscribed for and '^''^"^' 
held in a manner hereinafter provided. 

Sec. 4. All contracts, or other evidences of indebt- I^"i''"°'"P"*'- 
edness, which may be made or entered into by said cor- J"' ^^"*' 
poration, shall be subscribed by the president and attest- 
ed by the secretary; and being so signed and attested, 
shall be binding on said corporation; and all convey- 
ances made and cnteredinto by the said corporation, coft' 
veying real estate belonging to said corporation, when 
signed and attested as aforesaid, shall in like manner 
be binding on said corporation, according to the tenor, 
eflTect, and true intent and meaning of the same. 

Sec. 5. The concerns of said corporation shall be Directors, their 
managed and conducted by five directors, who shall be ""'"'^^''r P°^- 

u 11 » ii .1111 I • • ers, duties, and 

chosen annually by the stockholders or their proxies, mode of eW 
which shall be by ballot, and the five persons receiving the 'ion 
greatest number of votes shall receive the certificates of 
the inspectors, declaring them duly elected. The direct- 
ors so chosen, or a majority of them, shall constitute a board, 
and be competent to the transaction of business; and 
tnay from time to time make and prescribe such by-laws, 
rules and regulations relative to the concerns of said 
corporation; the duties of the president and secretary, 
(each of whom shall be elected by a majority of the di- 
rectors so chosan,) and shall also regulate the duties of 
their agents, clerks, and all others by them employed, and ^ 
also shall appoint a treasurer who shall give bond in such po"STy*^ 
amount and in such manner as the said directors shall them to give 
prescribe; and the said directors shall have power to ap-*^"*^ 



344 iNCORPURATlON LAWS. 

point such other officers, agents, and clerks as may be ne- 
cessary for to carry on the business of said corporation, 
with such salaries and allowances as to the said direct- 
Proviso ors shall seem proper: Provided^ That such by-laws and 
regulations shall not be repugnant to the constitution 
and laws of the United States, or this State. 
Commissioners ^^c. 6. That James Evans, Smith Galbreath, Charles 
to receive sub- Chapman, James P. Dixon, and C. S. Boyd shall be com- 
•crjptions missioners, the duties of whom, or a majority of thcm^ 
Duties shall be to open books of subscription to the capital stock 
of said company within three months after the passage of 
this act, in such places and at such times as in their opin- 
ion is best calculated to have said stock taken up. — 
Notice Twenty days notice shall be given by the said commis- 
sioners, of tlie time and place and number of days the 
subscription books will be kept open for subscriptions, in 
a public newspaper, or by putting up advertisements at 
the places where they intend to open books for the sub- 
scription of the capital stock of said company. The 
commissioners shall receive no subscription, unless at 
$5 10 bepiiid least fivc dollars, On each share subscribed, be paid in at the 
°V'^'?h*'r'^ time of subscription, and as soon as the whole amount of 
the capital stock sliall be subscribed, the commissioners 
Notice for shall givc like notice of twenty days for the meeting of 
choosing djrec the Stockholders, for the purpose of choosing five direct- 
*"" ors, designating the cime and place of holding such elec- 
tion, at which election persons holding stock of said com- 
pany shall be permitted to vote. The said commission- 
ers shall bo inspectors of the first election of directors, 
and shall certify under their hands the names of those duly 
elected, and deliver over to them the subscription books 
and the amount of money received on subscriptions to the' 
said directors. 
Stock deemed Sec. 7. Thc stock of said corporation shall be deem- 
personai pro- ^.^ personal property, and be assigriable and transferra^ 
^" ^ ble on thc books of the corporation; but no stockholder, 
indebted to the company, shall be permitted to make a 
transfer, until such debt be paid, or secured to be paid 
to the satisfaction of the directors. 
Company shall Sec. 8. The Company shall at all times keep proper 
keep proper ^Qoks of account in which shall be reiristered all the 

DuokK ot acc ts . - , . 1 ,1 1 II i. II 

transactions ol thc corporation, and the same snail at all 
times be subject to the inspection of stockholders; and 
. it sliall be the duty of the directors to make annual divi- 

dends, or at such other times as a majority of the direct- 
ors shall direct, of so much of the profits of said com- 
pany as to them may appear advisable; and the said di- 
o. „ ,.,.. rectors shall, whenever required by a maj-^rity of the 

Shall exhibit ^ ii ii i-l-. ^ ^ ^ i- All ^^A 

itatements Stockholders, exhibit, at a general meeting, a lull ana 
perfect statement of the debts and credits, and all such 



iNCORPORATloN LAWS. 2-15 

bther matters as may be deemed essential relating to the 
affairs of the company. 

Sec. 9. The stock not disposed of by the commis-c i . ^ 

• i_ • I /• 1 1 II 1 "^ 1 • ,• . Surplus stock, 

eioners, nerembeiore named, shall and may be issued by how disposed of 
the directors for the time being, according to th6 by- 
laws and regulations that may be adopted by the said 
company. 

Sec. 10. As soon as twenty per cent, of the capital When compa- 
stock of said corporation shall be paid in, the Said cor- ny may proceed 
poration shall be authorized to proceed to business, and *° '^"^'""^ 
not before. 

Sec 11. This act is hereby declared a public act, atd This a public 
shall take effect from and after its passage, and be and ^'^^ 
remain in force for twenty years. 

Appuoved 2d March, 1837. 



AN ACT to incorporate the Lewiston and Liverpool Rail Road Compatiy. 



In force March 
2, 1837 



Sec. 1. Be it enacted by the people of the State of Illi- 
nois^ represented in the General Jlssembly^ That Stephen 
Dewey, Stephen 11. Pitkin, Myron Phelps, William Proc- 
tor, P. 11. Hart, E. D.Rice, Freeman Phelps, William 
Johnson, A. G. Miller, Hugh Lamaster, N. Walker, John 
McNeal and S. Bearse, and their associates, successors, 
and assigns, be and they are hereby created a body cor- ^oipof*'*"^ 
porate and politic, under the name of the "Lewiston and Name 6f coi»- 
Liverpool Rail Road company," and by that name shall be p^ny 
and are hereby made capable in law to sue and be sued 
tofinal judgment and execution, plead and be impleaded, 
defend and be defended, in any court of record or in any Po^c" and 
other place whatsoever; to make, have, and use a common ^"^' *^*' 
seal, and the same to alter and renew at pleasure, and shall 
be and are hereby vested with all the privileges, powers, 
and immunities which are or may be necessary to carry 
the purposes and objects of this act into effect; and are 
made capable of purchasing, holding, and conveying real 
and personal estate, of contracting and being contracted 
with, as hereinafter limited and set forth, And the said 
corporation are hereby authorised and empowered to lo- 
cate, construct, and finally complete a rail road, commen- To construct a 
cingat or near Liverpool, from thence to Lewiston, and"'***"*'! 
may extend it to intersect with theWarsawand Peoria rail 
road, in such manner and form as they shall deem to be 
most expedient; and for this purpose said company are 



jJ16 INCORPORATION LAWS 

hereby authorised to lay out their road not exceeding eight 
rods wide through its whole length, and for the purpose 
Width of roa of cuttings, embankments, and procuring stone and grav- 
el, may take as much more land as may be necessary for 
the proper construction and security of said railroad: 
Provided, however, That all damages that may be occasion- 
Proviso cd to any person or corporation by taking of such land 
or materials for the purposes aforesaid shall be paid for by 
said company in the manner hereinafter provided. 

Sec. 2. Ihe capital stock of said company shall con* 
Amountofcap-gjgj.Q^jj^j.„g thou&and shares, of one hundred dollars each; 

, tai Stock . 

* and the immediate government and direction of the af- 

fairs of said company shall be vested in a board ofnot less 
Board of direc- than five directors, who shall be chosen by the members of 
the corporation in the manner hereinafter provided, and 
shall hold their offices until others shall be duly elected 
and qualified to to take their places as directors. And the 
said directors, a majority of whom shall form a quorum for 
the transaction of business, shall elect one of their number 
Phssident to be to be president of the board, who shall also be president of 
elected the company, and shall have authority to choose a clerk, 

Tone sworn ^[jq shall be sworn to the faithful discharge of his d'aty; 
T'^**'""^®'' *° and a treasurer, who shall give bonds to the corporation 
give on with securities to the satisfaction ofthc directors, in a sum 

not less than ten thousand doilars for the faithful discharge 
of his trust. 

Sec. 3. The president and directors for the time bein'g 
are hereby authorised and empowered by themselves or 
their agents to exercise all the powers herein granted to 
the company for the purpose of locating, constructing, 
Constructing ^^^^ completing said rail road; and for the transportation 
rail road^&c"^ of persons, goods, and merchandise, and other property of 
all descriptions, and toestablish, for the benefit of said conft- 
pany, such rates of toll as Ihcy may agree upon from time 
to time, under such rules and regulations as said directors 
may prescribe and direct, and may erect toll-houses, eS- 
Can erect toll- tablish gates, and demand toll upon the rOad when corfi- 
gates anfi col- pletcd, or upon such parts thereof, as shall from time to' 
lecttoii time be completed, and may have all such other powers 

and authority for the management of the affairs of the 
company not heretofore granted as may be necessary and 
proper to carry into effect the objects of this act, to pur- 
., chase and hold lands, materials, engines, cars, and other 

necessary things for the use of the road, and to make such 
To make as- equal assessments from time to time onalltheshares^in said 
sessments company as they may deem expedient and necessary, and 
direct the same to be paid to the treasurer of the company. 
Sec. 4. The said company shall have power to make, or- 
dain, and establish all such by-laws, rules, and regulations 



INCORPORATION LAWS. i>47 

as they may deem expedient and necessary to accomplish Company may 
the designs and purposes, and to carry into effect the pro- P*^* by-iaws, 
visions of this act, and for the transfer and assignment of 
its stock, the conveyance of propcriy, and payment of as- 
sessments, and the well ordering, regulating, and securing 
of the interest and affairs of said company: Provided, the . 
same are not repugnant to the laws of tliis stale, or of the 
United States. 

Sec. 5. The said company shall beholden to pay all dam-*--""?^"^ «<> 

,1 . • i i- L ^ 1 • pay dainaaes 

ages that may arise to any person or corporation by taking * 

their land for said rail road, when it cannot be obtain- 
ed by voluntary agreement, to be estimated and recovered flow damage* 

, L • 1 ] I 1 r X I r 1 t" DC assessed 

in the mannei provided by law tor the recovery ol damages 
happening by laying out highways. 

Sec. 6. When tlie land or other property or estate of 
any feme covert, infant, or person noii compos mentis, shall 
be necessary for the construction of the said rail road, the 
husband of such feme covert, and the guardian of such in- 
fant or person non compos mentis may release all damages Guardian may 
for any lands or estate taken and appropriated as afore- release dama- 
said, as they might do if the same were holden by them in s^^ 
their own right respectively. 

Sec. 7. The said company are hereby authorised to To construct 
construct the said rail road across any watercourse, road, rail road o\er 
or public highway, subjecting themselves to any damages "^'.^'''^°"''^"» 
that may be incurred in so doing. 

Sec. 8. If any person or persons shall willfully do or Tersons inju-- 
causeto be done any injury to said rail road,- or to ^ny fof(J'i',°^(Src^ " '° 
carriage, car, engine, machine, toll-house, or other build- ' 

ing or any structure whatever belonging to said corpora- 
tion, the person or persons so offending shall forfeit and 
pay the said corporation double the amount of damages 
sustained by means of such offence or injury, with all the 
cogts of action, before any court of record in this state, and 
the person or persons so offending shall be further declared 
guilty of a misdemeanor and liable to fine and ii^prison- [,^'^^1'^^'^^°^'"* 
ment. 

Sec. 9. The annual meeting of the members of said cor- 
poration shall beholden on the first Monday in November 
in each year, at Lewiston, or such other p'^ceasthe pre- gj^^^.^i^ ^,^^^ 
sident and directors for the time being, may appoint; at and where to 
which meeting the directors shall be chosen by ballot, be, &,c. 
each proprietor being entitled to as many votes as he holds 
shares; and any two of the individuals named in the first 
section of this act, are hereby authorised to call the first 
meeting of the said company, by giving notice in some To give noOc* 
newspaper published at Springfield, of the time, place, 
and purpose of such meeting, at least ten days before the 
time mentioned in such notice. 



24a INCORPORATION LAWS. 

Sec. 10. The said company are hereby authorised to 

l^ad "'*"'^ extend the said rail road herein provided for from Lewistou 

to meet the Warsaw and Peoria rail road, or other rail roads 

which may hereafter be constructed by companies or the 

Can increase state,andmay increase their capital stock to an amountsuf- 

capital stock ficicnt lo extend and complete the same by a vote of the 

stockholders, at a meeting specially notified for the purpose, 

to be divided into shares of one hundred dollars each, and 

assessed as the shares which are already created. 

Sec. 1 1. It shall belawful for the legislature of this state 

at any time during the continuance of the charter of the 

said rail road, after the expiration of twenty years from 

Statemay pm- theopening'for use of the rail road herein provided to 

chase vail road be made, to purchase of the said company the said rail 

road and all the franchise, rights and privileges of the said 

company, by paying said company the amount expended 

in making said rail road, and twelve per cent, interest upon 

the same from the time of payment by the stockholders: 

Piovisp Provided^ hozoevcr, That the nett income from tolls shall 

not have amounted to twelve per cent, per annum at the 

time of purchase by the state. 

Sec. 12. This act shall continue in force for the term 
Act to be in offifty years, and upon departure from or violation of any 
force for fifty provisions of this act, the legislature may alter, amend, 
^'*" or repeal the same if the deem they public good shall re- 

quire it, and shall be deemed and taken to be a public act, 
from and after the passage thereof. 
Approved 2d March, 1837. 



In force 2d AN ACT to amend the act inqorpoi-ating the Sp-ingGold and A.lton Turn- 
March, 1837 P''^® ^°^^ Company. 

Sec 1. Be it enacted by the people of the State of Illinois f 
represented in the General Assembly, Tha,t the Springfield 
Turnpike road ^^^ Alton Turnpike Road Company, incorporated by 
maybe ex- an act, entitled "An act to incorporate the Springfield 
tended and Alton Turnpike Road Company," approved March 

1st, 1833, are hereby authorized and empowered to ex- 
tend the road contemplated by said act from Springfield, in 
Sangamon county, to Bloomington, in McLean county. 
The said extended part to be in all respects subject to th© 
provisions of the aforesaid act, and any and ail acts subse- 
quently made by way of amendment or supplement to the 
same. 

AfpnovED ?d March, 1 838. 



INCORPORATION LAWS. ^9 

AN ACT to incorporate the Lawrence; lllo Mauiifacturiiig Company. 'n 'oice March 

2(1, 1837. 

Sec. 1. Be U enacted by the people of iJic Stutc of Illinois, 
rcpresenled in the General Assembly^ That all such per- Constituted a 
sons as shall become subscribers to the stock hereinafter '^°''3' politic A.- 
described shall be and they arc hereby constituted and^°'^"'^^ 
declared a body politic and corporate, by the name and 
style of the "Lawrenceville Manufacturing Company," 
from and after the passage of this act; and by that name 
they and their successors shall have perpetual succes- 
sion, and shall in law be capable of suing and being sued, 
pleading and being impleaded in all courts and places 
whatsoever; they may have a common seal, and alter ^^y "^ * 

di ju ii jii 1- .common teal, 

change the same at pleasure; and they may be capa- doiciiand &c 

ble in lawr of purchasing, holding, and conveying such 

real and personal property as shall or may be necessary 

for the purposes and object of this act as hereinafter 

limited and set forth: Provided^ That the real estate, proviso 

owned by the company at any one time over and above 

the lots of land on wliich their buildings may be erected, 

shall not exceed one thousand acres, except such as 

may be held by them as collateral security for the debts 

bona fide owed to the said company, or may become the 

property thereof by virtue of such indebtedness; and, 

further, no real estate, acquired by virtue of such indebt-„ 

cdncss, shall remain the property of the said company xema\Tln%i^ 

for a longer period^ than five years, under the penalty o f session no long- 

a forfeiture thereof to the people of this State. er than 5 yean 

Sec. 2. The president and directors of said company jy, • , 
hereinafter provided for shall have power to carry on the ture, bu?id**^" 
manufacture of grain, and other agricultural products in mills, fcc 
the county of Lawrence; and to erect mills and such 
other buildings as may be necessary to carry on their 
business; and to enter into all contracts which may con- 
cern the use and management of said property that may 
be necessary and proper to carry into effect the object of 
this grant. 

Sec, 3. The capital stock of said company shall con- Amqjint of 
slst of fifty thousand dollars, divided into one thou- Capital stock 
sand shares of fifty dollars each. 

Sec. 4. That, for the purpose of carrying into effect 
the objects of this incorporation, Samuel H. Club, James 
Nabb,Abner Green, John Micure, David B. Marney, John 
C. Reiley, VVm. G. Anderson, Benjamin McClieff, 
George W. Kinkadc, John Robinson, John McClieti, 
John Fail, Jeremiah Robinson, and Nicholas Johnston are CommiKioner. 
hereby appointed commissioners to obtain subscnptionst° obtain sub- 
to the capital stock of said company, and said commis-^''^''?" " 
sioners, or any four of them, after giving general notice"*"*^ 



250 INCOllPORATION LAWS. 

thereof in some paper printed in this State, may open 
books for the subscription of said stock at such time and 
places as they may direct, and keep the same open till 
at least two hundred and fifty shares of said capital stock 
is subscribed. If the requisite number of shares shall 
not be subscribed within sixty days after the books are 
opened, said commissioners, or a majority of them, shall 
take such measures forcompletingsuchsubscriptionas they 
may deem expedient and proper. Every subscriber shall at 
the time of subscribing, pay to said commissioners the 
sum of one dollar for each and every share so subscribed, 
and when such subscription is completed, or within sixty 
days thereafter, said commissioners, or a majority of 
Call a meeting them, shall call a meeting of the stockholders at l^a^- 
of stockholders renccviUe by a printed notice in some newspaper "ijkf 

general circulation nearest to said place. 
May elect di- Sec. .5. That at said meeting thc Stockholders of said 
rectors, &,c company shall immediately proceed to elect five directors, 
who shall manage, direct, and govern the affairs of said 
company one year from the period of said election, and 
until their successors, who shall be vested with the same 
authority, are elected. 

Sec. 0. And at said election each stockholder shall 
give one vote for each share of stock he may hold, and a 
majority of all the votes given shall be required to make 
an election. 

Sec. 7. That the period of election shall be annually 
thc first Monday in the month in which the first election 
was held. 
Directois to Sec. 8. That immediately after the directors are cho- 
hold a mectins g^j^ ^s above, thcy shiiU hold a meeting, at which and 
P . all subsequent meetings a majority shall constitute a 

dent & socre- quorum, that they shall proceed to the election of a pre- 
tary sidcnt from one of their number, a secretary who shall be 

sworn by a Justice of thc peace to thc faitiiful discharge 
of his duties, and who shall record all votes of the cor- 
poration in a book to be by him kept for \hat purpose, 
Tieasuier to a treasurer who shall give bond in such amount and in 
give bond g,j^^ manner as the said president and directors may di- 
rect, and such other oiUcers and agents as may by them 
seem necessary for their regular government. 

Sec. 9. Thc said president and directors shall have 
Di lectors may pQ^y^r from tirjic to time to make all such by-laws and 

make by-laws, i, ,. . -i.i ,-, i- ji „f 

^c rules not mconsistent with the constitution and laws ot 

this State, which may be necessary for the payment or 
collection of subscriptions to its stock, and the transfer of 
the same, the conveyance of property, or that in any 
o-ther way may concern thc management and directioa 



INCORPORATION LAWS. 251 

of the affairs of said company in carrying into effect the 
provisions of this act. 

Sec. 10. This act is declared a pubhc act to be and J|^^^ deemed a 
remain in force for the term of twenty-five years from and public act 
afterthe date of its passage: Provided,Thn.t\l said company 
shall not have been organized and business commenced ^'■°^'^° 
within two years from July, next, this act shall be void 
and of no effect. 

Approved 2d March, 1837. 



AN ACT to liicofpoi-alc the Chippewa Dry Dock Company. In force March 

2, 1837. 
Sec. 1 . Be it enacted by the people of the Stale of Illi- 
nois, represented in the General Assembly, That Benjamin 
F. Edwards, Andrew 11. Skidmore, J. A. Townsend and 
Enoch Weathers, of Madison county, and their successors Created a body 
in office, duly elected as hereinafter directed, be, and they politic and cor- 
are hereby appointed a body politic and corpora*^^e, by the v°^^^^' 
name and style of the "Chippewa Dry Dock Company,'" Style 
and shall be able and capable in law and equity, to sue 'i"" sue and bo 
and be sued, plead and be impleaded, in any and all courts ^"^'^ 
of justice whatever, and shall be able to make and en- 
force contracts; to have and use a common seal; and by Tohaveand 
the name and style aforesaid, the said corporation shall "^®/^'^°"'"'°" 
have power, at the mouth of Wood river in Madison coun- ^ 
ty, opposite the mouth of Missouri river, to construct and Toconstruct 
use one or more dry and wet docks, or other artificial '^°^'^^ 
works, in such form and manner as they may deem expe- 
dient for the purpose ofbuilding, receiving, and repairing, 
steam boats, sloops, vessels, and other craft, and shall be 
capable in law of holding as much lands and waters as may What lands 
be necessary for the accommodation and furtherance of '"^y be held 
their busmess, connected with the said dry or wet docks. 

Sec 2. The capital stock of the said company shall be ^^^P'tal stock 
twenty thousand dollars, divided into shares of one hun- 
dred dollars each; but it shall be lawful for the said corpor- To commence 
ation to commence their said business so soon as six thou- ^^^qAq^^ "^''?° 
sand dollars shall have been subscribed for, and with that scnbed for 
capital, to conduct and carry on the same until they shall 
find it expedient to extend their capital to the amount 
hereinbefore mentioned. 

Sec. 3. The subscription of stock to the said corporation How, when &, 
shall be opened under the direction of the persons named "iierc sub- 
in the first section of this act, or any two of them, whoare «c'''P''°"s of 
hereby appointed commissioners for that purpose, and au- 



252 IxXCORPOIlATlON LAWS. 

stock may be thorized to rcccive subscriptions to the said capital stock, 

leceivec on such days, and at such places, after the passage of this 

act, as they shall appoint; which subscriptions shall be paid 

How paid at such time and in such manner, as the board of directors 

shall order and direct. 
Concerns to be Sec. 4. The stock, property, and concems, of the said 
managed by corporation shall be managed and conducted by five di- 
rectors, who shall be stockliolders, one of whom shall be 
president, who may respectively hold their offices for one 
year, and until their successors are chosen and qualiified. 

Skc. 6. So soon as the sum of six thousand dollars shall 
be subscribed, the commissioners appointed by the first 
Notice of elect- section of this act shall give notice by written advertise- 
ing diiectois ment, orina newspaper, for an election of directors, at 
such place, and on such day, in the town of Edwardsville, 
as a majority of them shall direct; which notice shall be at 
least ten days previous to such election; at which time and 
place there shall be live directors chosen from among the 
Tenn of office Stockholders, who shall hold their officc for one year from 
the time of their election, and until their successors shall 
be elected; and they shall be elected by a majority of the 
votes given by the stockholders present, or by written 
proxy from those absent; and each stockholder shall be 
Votes entitled to as many votes as he holds shares, and the said 

Directors to directors shall elect one of their own number to act as pre- 
apresSeS^^'^sident of the said board of directors; and the said board 
Fill vacancies shall have powcrtofill its own vacancies. 
Quorum Sec. C. Amajoiity of said directors shall form a quo- 

rum to transact the business of said company, and may en- 
by-laws act such by-laws, rules and regulations, as they may deem 
expedient for the government of said corporation; and the 
Power of (li- said directors shall have full power and authority to put 
rectors into Operation all the designs contemplated in this charter; 
Proviso. Provided, They be compatible with the laws and consti- 
tution of the United States, and of this State. 
Subsequent di- ^v.c. 7. After the term of service of the directors first 
rectors chosen choscn shall have expired,. the directors thereafter shall be 
mnually chosen annually, on the first Monday in May, at such place 
as a majority for the time being, shall direct; of which 
Notice election prior notice shall be given at least ten days, by 
publication in some newspaper; and incase it shall hap- 
pen at any time, that an election for directors shall not be 
made on any day, when, in pursuance of this act it ought to 
have been made, it shall be lawful to liohl such election on 
any other day, in such manner as may be regulated by 
the by-laws of such corporation. 
Stock deemed Sec. 8. The stock of said corporation shall be person- 
personal prop- al property, and assignable on the books of the corpo- 
""'^ ration only, and every transfer of stock shall be made 



INCORPOliATION LAWS. 253 

subject lo the pnjmcnt of any debt owing to said com- 
poration by the stockholder at tlie time of making such 
transfer, although not payable until afterwards; and it 
shall and may be lav.-ful for the directors, or a majority of 
them, to receive payment of the sums subscribed, at such 
time, and in such proportions, and on such conditions, 
as they, or a majority of them, shall deem fit, under the 
penalty of the forfeiture of all previous payments thereon, 
and previous notice of the instalments required shall be 
given. 

Sec. 9. That it sliall be the duty of the directors to Dividends. 
make dividends of so much of the profits of the said cor- 
poration, arising from tolls, and other sources of revenue of 
said company, at such time as they, or a majority of them, 
shall deem advisable; and if any person or persons shall Persons injiir- 
wilfully or knowingly do any act whatsoever, whereby i"gworks, how 
the said dry or wet docks, or basins, or any of the works 
connected therewith, sliall be injured, he, she, or they, 
so offending, shall forfeit and pay to the corporation, dou- 
ble the damages so sustained, together with costs of suit, 
in that behalf expended, to be recovered by action of 
debt, in any court having jurisdiction thereof. 

Sec. 10. The corporation hereby created shall not en- No' to engag* 
gage m any banking business whatever. '" banking 

Sec. 11. This charter is limited to the term ot fifty Charter limiu 
years from and after tho first day of August, 1837. This*"^ 
act to be in force from and after its passage. 
Approved 'JJ March, 1837, 



AN AC r to incorporate the Peoria Hotel Company. In force March 

2, 1837. 

Sec. 1. Be it enacted by the People of the Stale of Illinois, rep- 
resented in the General Assembly, That all persons who shall 
subscribe for stock to the incorporation hereby created, 
in the manner hereinafter provided, and their successors, 
be, and they are hereby constituted a body politic and cor- 
porate, under the name and style of the "President and Name & styl« 
managers of the Peoria Hotel Company," to be located in Location 
the town of Peoria, and by that name shall have power to Powers 
contract and be contrac<^ed with, sue and be sued, plead 
and be impleaded, answer and be answered unto, in all 
courts and places having competent jurisdiction, and shall 
be vested with all the pov/ers and privileges necessary to 
the object of their incorporation. 

Skc. 2. That Edward Dickinson, James C. Armstrong, Commiuionwi 



^i 



INCORPORATION LAWS. 



ci»ase<i 



Aqullla Wrcnn, Amos Stephens, Jacob D. Shcwalter 
and John Hamlin, shall be commissioners, the duties of 
whom, or a majority of them, shall be to open books of 
subscription for the capital stock of said corporation, with- 
Tlme of, limit- in twelve montJis fiom and after the passage of this act, 
'^^ at such places, and such times, as in their opinion is best 

20 days notice calculated to have said stock taken; twenty days notice 
thereof shall be given in some newspaper published in the 
place or places in which it is proposed to open said books. 
Capital stocit,^ Sec 3. The capital stock of said company shall be 
may be ill- twenty thousand dollars; but said corporation shall have 
power to increase it to any sum not exceeding fifty thou- 
sand dollars, to be divided into shares of fifty dollars each, 
on each share of which one dollar shall be paid at the time 
of subscribing therefor. 

Sec. 4. As soon as the whole amount of said capital 
stock shall be subscribed for, the said commissioners shall 
give a like notice of twenty days, for the meeting of the 
stockholders, for the purpose of choosing a president and 
four managers, designating the time and place of such c- 
lection, when persons holding stock in said company shall 
be permitted to vote, either in person or by proxy, a num- 
ber of votes equal to the number of shares they may 
severally hold; the said commissioners shall be inspectors 
of the first election of president and managers, and shall 
certify under their hands the names of the persons elected, 
and shall deliver to them the subscription books, and 
the money received on subscription, and who shall hold 
their offices twelve months, and until others shall be elected. 
Sec. 5. The said corporation shall have power and be 
capable of purchasing, holding, improving, selling and 
conveying, any estate, real or personal, for the use of 
Erect buildings said corporation; to improve and erect buildings on the 
same suitable and proper, with out-buildings for a Hotel; 
and to rent, lease, or occupy, any, or all such lands and 
buildings, for the benefit of said corporation; Provided, 
That the real estate owned by said company shall not 
exceed fifty acres of land, except such as shall be held as 
Collateral se- Collateral security for debts due to said company, or which 
curity may bccomc the property of said company, by virtue of 

such indebtedness; but all lands the said company shall 
own, over and above the said lifty acres, shall he sold and 
disposed of within three ycai's after tlie acquisition of the 
If falling to same, and in case of a failure to comply with this section, 
comply jjU such lands shall escheat to and become the property of 

this State. 

Sec. G. All contracts, or other evidences of debt, which 
may be entered into by this corporation, ^hall be subscrib- 
ed by the president and attested by the secretary, and be. 



Notice for 
rneeting of 
stockholders 



flow votes to 
t)e given 



Pay over mo- 
neys 



IKCOUPORATION LASVS. 255 

Iiig so signed, shall be binding on the corporation; and all 
conveyances made and entered into by said corporation, 
conveying real estate belonging to said corporation, when 
signed and attested as aforesaid, shall in like manner be 
binding on said corporation according to the tenor, etfect, 
and true intent and meaning of the same. 

Sfx'. 7. The president and managers aforesaid, or a ma- Who aboard 
jority of them, shall constitute a board, and may from 
lime to time, make and prescribe such by-laws, rules and To make by- 
regulationi, relative to the concerns of the said corporation, '^^^ 
not inconsistent with the constitution and laws of the 
United States, and of this State, as they may deem neces- 
sary for the management of the alFairs of the concern; and 
for that purpose they shall have power to appoint a trca-^haii have 
surer, and require of him such bonds as they may deem pro-'"^^^^' 
per; and also, to appoint a secretary and such otheroflicers "^o appoint of- 
as the business of the company may require. '^^^^ 

Sec. 8. The stock of said corporation shall be deemed Stock deemefl 
personal property, and assignable and transfcrrable on the peisoua] prop- 
books of said corporation; but said president and man-^'^ 
agers shall have the power to prevent any stockholder, 
who shall be indebted to said corporation, from transfer- 
ring his stock therein, until he shall have paid said debt. 

Sec 9. The company shall at all times keep proper Shaii keep 
books, in Avhich shall be registered all their transactions, books 
and the same shall at all times be subject to the inspec- 
tion of the stockholders; and it shall be the duty of the Shall make di- 
directors to make dividends annually, or at such other ^'^^'^"^^ 
time as the president and managers shall determine, of so 
much of the profits of said company as to them shall ap- 
pear advisable. 

Sec. K). As soon as twenty-five per cent, of the capital When to pro- 
stock shall have been paid in, the said company shall be ceed to business 
authorized to proceed to business, and not before. 

Sec. ll. This act is hereby declared public, and shall 
be in force from and after its passage, and be and remain 
in force for thirty years. Duiatioiv 

AiTROvEi) March 2d, 1837. 



AN ACT to incorporate the New Canton and Piketon Kail Road Companj-. In force March- 

3d. 1837 
Sec 1. Be it nindcdhy the people of the Stole of Illinois, 
represented in the General AsscmJ)ly, That Daniel B. Bush^ 
Jonathan Piper, Robert W. Taylor, Charles T. Brews- ^^i^J'^"'^^^"^/^^^ 
ter, Joseph Jackson, Daniel Dutton, and Nathan Winters, porate/" 



256 INCORPORATION LAWS. 

their associates, successors and assigns, arc hereby crea- 
ted a body politic and corporate, under the name and 
style of the "New Canton and Pi ke ton P. r'.il-Road Com- 
pany," and by that name sholl be and are 1 crcby made 
capable in law and equity to sue and be sueil, plead and be 
impleaded, defend and be deiendcd, in any court or courts 
whatsoever; to make and use a common seal, the same 
to alter and renew at pleasure; and by that name and style 
be capablein law of contracting and being contracted with; 
purchasing, holding, and conveying real and personal estate, 
lor the purposes and uses of said corporation as here- 
inafter limited, and shall be and arc hereb}' vested with 

Powers and all the powcrs and privileges, and immunities, which are 

pnvjiegos. or may be necessary to carrying into eU'cct the purposes 
and objects of this act, as hereinafter set forth. And the 
said company are hereby authorized and empowered to 
locate, construct, and finally complete, a rail road for a 

To construct a double or single track, commencing at Pikcton, on the 

lai loa . Mississippi river, near the ware house of David Dutton, 
in said county of Pike, thence through New-Canton, to 
Pittsficld; and for this purpose said company are authori- 
sed to lay out their road not exceeding eiaht rodsf wide 

Dimensions of t|^j.Qygj^ ^.j^g ^j^ole length; and for the purpose of cut- 
tings, embankments, stone, M'ood and gravel, may take as 
much more land as may be necessary for the proper securi- 

Proviso. ty and construction of said rail load; Pre rif/^'c/, That all dam- 

ages that may be occasioned to any person or persons or 
corporations, by the taking of such land or materials for 
the purposes aforesaid, shall be paid for [bjlsa'd company 
in the manner hereinafter provided. 

Sec. 2. The capital stock of said company shall consist 

.^J°JJJ5t"'"'^*P'of live thousand shares, of fifty dollars each share; and the 
immediate government and direction of the affairs of said 
company shall be vested in a board of not less than five 
directors, who shall be chosrn by the members of the cor- 

Piov' o poration, in manner hercinafier provided, and shall hold 

their office until others shall be duly elected and qualified 
to take their place as directors. And the said directors, a 
majority of whom shall form a quorum fur t!ic transaction 
of business, shall elect one of their number to be president 
of the board, who shall also be president of the company,' 
and have authority to choose a secretary, who shall be 

Stfcretaiy to gworn to the faithful discharge of his duty, and a treasurer 

Treasuiei- to ^ho shall give bond to the cojporation, with securities, to 
give boad. the satisfaction of the directors, in a sum not less than 
twenty thousand dollars, for the faithful discharge of his 
trust. 

Sec. 3. The president and directors for the time being, 



INCORPORATION LAWS 257 



are hereby .luthoriscd and empowered, by ihemsclves or ricsidcnt and 
their agents, to execute all powers herein granted to the f,'/J|.jg°y ""' 
company, and all such other powers and authority for the 
management of the alFairs of said company, not heretofore 
granted, as may be proper and necessary to carry into et- 
fcct the objectof this act, and to make such equal assess- 
ments from time to time, on all shares of the company, 
as they may deem expedient and necessary, and direct 
the same to be paid to the treasurer of the company: Pro- 
vided, That no assessment shall be laid upon any share in riovisc. 
said company, of a greater amount in the whole, than 
fifty dollars on a share. 

Sec. 4. The said company shall have power to make, 
ordain and establish, all such by-laws, rules and regula- Power of com- 
tions, and ordinances, as they may deem expedient and P^"^'* 
necessary to accomplish the designs and purposes, and to 
carry into cllect the provisions of this act, and for the 
transfer and assignment of the stock, the payment of as- 
sessments, and the conveyance of property, and the well 
ordering, reguhiting, and securing of the interest and af- 
fairs of said company: Provided, The same shall not be ^^°^''5*'« 
repugnant to the constitution and laws of this state, or of 
the United States. 

Sec. 5. A toll is hereby granted and established, for the 
sole benefit of said company, upon all passengers and prop- ^"" gianted, 
crty, of all descriptions which may be conveyed or trans- 
ported on said road, at such rates per mile as may be 
agreed upon and established from time to time, by the di- 
rectors of said company; Provided hozoevcr, That if the Fio^'so. 
nett income and i-cceipts from tolls, from and after the 
completion of said road shall exceed twelve per cent, 
per annum, the legislature may take measures to reduce 
said rate of tolls, so as to take all the overplus. And said 
directors may loan on bond and mortgage or other secu- 
rity, any surplus funds of the company, which may be at 
any time unappropriated, at a rate of interest not exceed- 
ing twelve per cent, per annum. 

Sec. C. The directors of said company for the time 
being, are hereby authorised to erect toll houses, build- ^, ^^.^^^ ^^jj 
ings, establish gates, and demand toll (ipon the road when houses. 
completed, and upon such points thereof, as shall from 
time to time be completed. 

Sec. 7. The said company shall be holden to pay all 
damages that may arise to any person or corporation by Damages, 
taking their land, stone, wood or gravel, for the use of 
said rail road, when the same cannot be had by voluntary 
agreement, to be estimated and recovered in the manner 
provided by law for the recovery of damages happening 
by the hiying out of highways. 

33 



258 INCORPORATION LAWS. 

Sec. 8. When the lands or other property or estate of 

Noncorapos any married woman, infant, or person non compos mentis. 
mentis, iiilants, • •'■i i r i , ,• n . , ^ -, , 

^c^ Shall be necessary for the construction of said rail road, 

the husband of such married woman, and the guardian of 
such infant, or person non compos mentis, may release all 
damages in relation to the land, or other property to be 
taken and appropriated as aforesaid, as fully as they 
m'ght do if the same were holden in their own rights res- 
pectively. 

Sec. 9. If any person shall wilfully do or cause to be 
done, any act or acts whatsoever, whereby any building, 
construction, or work of the said company, or any engine, 
machine or structure, or any matter or thing appertaining 
to the same, shall be stopped, obstructed, impaired, weak- 
Forfeituies for^"^®^' injured or destroyed, the person so offending shall 
injury done be deemed guilty of a misdemeanor, and shall forfeit and 
road. pay to said corporation, treble the amount of damages 

sustained by means of such offence and injury, to be re- 
covered in the name of said corporation, with costs of suit 
by action of debt, and shall be subject to indictment and 
punishment for high crimes and misdemeanors as in other 
cases. 

Sec. 10. The annual meeting of the members [of said] 

Company, time company, shall be holden on the first Monday in each year, 

and place of ^t Pittsficld aforesaid, or at such other place as the direc- 

meeting. toi's for the time being may appoint, at which meeting the 

directors shall be chosen by ballot, each proprietor being 

entitled to as many votes as he holds shares; and any tv^o 

persons named in this act, are hereby authorised to call 

the first meeting of the said company, by giving [notice] in 

the newspaper published at Jacksonville and Quincy, 

of the time and place and purpose of said meeting, at 

least ten days before the time mentioned in said notice. 

Sec. 11. The said company shall rommcnce the rail 
road hereby authorised to be made, witliin two years from 
When to com- the first day of August next, and complete the same within 
mence &, com- jgn years, otherwise this act shall be null and void. 
P^®'®' Sec. 12. The said corporation is hereby authorised to 

May join other j^in any Other rail road, now or hereafter to be incorpor- 
raii road. ated and put in operation, at such place and upon such 
terms as may be mutually agreed upon by the said com- 
panies, or in case of disagreement by the said companies, 
upon such terms and at such places, as the court of chan- 
cery of the district where such connection is desired, shall 
decree, upon bill filed or suit instituted for ihat purpose. 
Sec. 13. This act shall be deemed and taken as a pub- 
Deemed a pub- lie act, and as such shall be taken notice of by all courts 
lie act. of justice in this state, without the necessity of pleading 

the same. 



INCORPORATION LAWS. 259 

This charter is granted for fifty years, and shall be in 
force from and after its passage. 
Approved March 3, 1837. 



AN ACT to Incorporate the Spoon River Navigation Company. In force JWarch 

3, 1837. 

Sec. 1. Be it enacted hy the people of the State of Illinois^ 
represented in the General Assembly^ That Lnke Webster, 
Thomas W. Clark, Levi D. Ellis, Henry Gull, Pleasant Constituted a 
H. Odie, Wm. Cozby, Charles Gardner, Richard Y^QQ-'ZlSx^'' 
man, Joseph Webster, Stephen Rigdon, H. D. Evans, 
Cyrus Walker, James Ogdan, J. L. Sharp, William W. 
Bugby, L. H. Robertson, James M. Campbell, John At- 
kinson, their associates and successors are hereby consti- j^^^^^^gj jg 
tuted a body corporate and politic by the name and style 
of "The Spoon River Navigation Company;'" and by 
that name they, their assigns and successors shall be ca- ^°!^g' ^"*^' 
pable in law and equity of contracting and being con- 
tracted with, suing and being sued, pleading and being 
impleaded, answering and being answered, defending 
and being defended, in all courts and pleas whatsoever, 
in all manner of suits, actions, complaints, matters, and 
causes whatsoever. They may have a common seal, and 
may change and alter the same at pleasure, and do and 
perform all other acts and things which may be necessary 
to carry into effect the true intent and meaning of this 
act: they are hereby invested with all the privileges and 
advantages usually belonging to corporations, in pur- 
chasing, taking, holding, enjoying, and transferring real 
and personal estate by gift, grant, purchase, or other- 
wise. 

Sec. 2. The capital stock of said company shall be Capital stock 
one hundred thousand dollars with the privilege of in- 
creasing it to two hundred thousand dollars, to be divided 
into shares of one hundred dollars each. The persons, 
named in the first section of this act, are hereby consti- Commissionew 
tuted directors for the time being, and commissioners to to open books 
open books of the said company, who shall, or a ma- °^ <=°>P°i'^t»°"' 
jority of them, as soon as may be after the passage of this 
act, meet (or of those who will act) and provide to open 
or cause to be opened as many books at as many places 
as they may deem expedient, for the subscription of 
stock, and when ten per cent, on the whole amount of 
stock shall have been subscribed, and ten dollars paid 
^n on each share thus subscribed, said commissioners 



200 

Notice to be 
given 



President and 
directors to 
coinmeiice 
work 



To open a 
lock, &c. 



County com- 
missioners to 
fix rates of toll, 
subject to, &,c. 



Pasting lock 
without payin 
to forfeit, &,c 



iNCORPOUATlON' LAWS. 

shall give at least two weeks notice in some public news- 
paper printed in this State, to the stockholders, to meet 
at some suitable time and place for the purpose of elect- 
ing a president and six directors for said company, which 
votes shall be given by ballot, and the person receiving 
the greatest number of votes for president, and the six 
persons receiving the greatest number of votes for di- 
rectors shall be declared, respectively, duly elected presi- 
dent and directors. 

Sec. 3. Said president and directors, so elected, and 
their successors in oflice, shall proceed to commence the 
work, and shall have power to enter upon any land in 
or adjoining Spoon River; to take and use timber, stone, 
and other materials necessary for opening a canal round 
any fall in said river, or lowering and opening the chan- 
nel of the same; and also to make dams, locks, and aque- 
ducts, and such other work for the improvement of said 
navio-ation as they may deem necessary; and the direc- 
tors of said company, (or the use and benefit thereof, are 
hereby fully autliorizcd to open a lock and canal navi- 
gation on said river from its confluence with the Illinois 
river to Fulton, with the privilege of extending said 
slack water navigation to Ellisville on said river. 

Sec. 4. Whenever the said company shall have com- 
pleted any one dam, lock, canal, aqueduct or other por- 
tion of the improvement of said navigation so as to ad- 
mit of the safe and easy passage of boats and other 
crafts, it shall be the duty of the commissioners' court 
of the county of Fulton to fix and establish rates of toll, 
for the passage of such boats or crafts through such im- 
provement, so far as completed, and so of the whole when 
finished; subject however to be raised, lowered and al- 
tered by the legislature upon application. Such rates of 
toll, when so established, shall be published in at least two 
newspapers, nearest said river. It shall and may be law- 
ful for the collector or toll gatherer of said company to 
stop and retain all boats or crafts, intending to pass any 
such lock, &c. until the said rates of toll shall be paid. 
If any such boat or craft, after having passed any such 
lock, &c. shall afterwards refuse to pay the toll or rates 
aforesaid, the person having charge of such boats, iSz;c. 
so refusing, shall forfeit and pay to said company double 
the amount of such toll or rates, to be recovered by ac- 
tion of debt or otherwise, before any justice of the peace, 
and the property of such boat and the loading of the 
same shall be liable to execution on any judgment so 
recovered, whether it belong to the person or not. 

Sec. 5. The president and directors shall constitute 
a hoard for the transaction and management of the con- 



{NCORPOUATlOxN LAWS. 261 

cerns of said company, and be competent for the trans- PiesUent and 
action of business, and shall and may from time to time '^"^'^^°''^^°'"*" 

1 I •! Ill 'i J It- nage concerns 

make and prescribe such by-laws, rules, and regulations, of company 
touching the concerns of said corporation, the duties 
of the officers agents, clerks and all other persons by 
them employed; the mode of conducting future elections 
and every other matter relating to said corporation, and 
necessary to carry into effect any and every part of 
this act, with power to appoint a secretary who shall bCg^y^"j'^'° 
sworn by a justice of the peace to the faithful discharge 
of the duties of his ofllcc, who shall record all votes of 
the corporation in a book to be kept for that purpose; 
and also a treasurer, who shall give bond in such amount rp|.^^gyi.gj, ^^ 
and in such manner as the board shall prescribe; and give bond. 
such other officers, agents, clerks, and hands as may be 
necessary for carrying on the business of said corpora-! 
tion, with such salaries and allowances as the said board 
shall deem proper, and to dismiss such persons and sub- 
stitute others at pleasure in their stead: Provided, That such 
by-laws, rules, and regulations shall not be repugnant to 
the constitution and laws of the United States and of 
this State. 

Sec G. The company shall at all times keep or cause Company ta 
to be kept proper books of accounts in which shall be rc-*^^*^'^ ^°°^^ 
gistered all the transactions of the corporation, and the 
same shall at all times be subject to the inspection of 
the stockholders; and it shall be the duty of the board 
to make annual dividends of so much of the profits of the 
said company, as to them or a majority of them, shall 
appear advisable, and if thereunto required by a majority 
of the votes of the stockholders, they shall from time to 
time exhibit or cause to be exhibited to them at a general 
meeting, for their information, a full and perfect state- 
ment of the debts and credits and such other matters as statement of 
to them may be deemed essential, relating to the affairs debts and cre- 
of the company, copies of which reports shall be furnished ''"^ *° ^^ ™*^* 
by the secretary, to the order of any stockholder when 
thereunto required. 

Sec. 7. This act shall continue and be in force for Corporation tq 
fifty years from and after its passage, and the said com- ^* |" ^'"■" ^ 
pany shall be entitled to all the privileges granted by ^^^'^ 
this act, until the expiration of that lime: Provided, Vm\i5» 
however, That the legislature may at any time after ten 
yenrs dissolve said corporation by paying to said com- 
pany the amonnt of the capital which they may actually 
have expended, together with ten per cent, interest per 
annum thereon. 

Sec 8. Said board shall commence the work within co,nn,enced*«f 
two years, and complete the same witjiin ten years, frqni cam^ieted 



26Q INCORPORATION LAWS. 

and after the passage of this act, otherwise said char^ 
ter shall be forfeited. 
Company to ^^0. 9. The said company shall be holden to pay all 
pay damages damages that may arise to any person or persons, by 
taking their land, stone, or gravel, or any material for 
the construction and maintenance of said canal or slack 
water navigation, locks, or dams, when the same cannot 
be obtained by voluntary agreement, to be estimated and 
recovered [in the manner laid down for the recovery of] 
damages caused by the laying public high-ways. 

Sec. 10. When the lands, or other property or estate 

of any married woman, infants or persons non compos 

mentis, shall be necessary for the construction of said 

_ „ works, the husband of such married woman, and guar- 

Guavdian may j- /> i • r j. \- 

release damages dian 01 such miant or person non compos mentis may re- 
lease all damages in relation to the lands or estate to be 
taken and appropriated as aforesaid, as fully as they 
might do if the same were holden in their right re\ 
ppectively. 

AppkovED, 3d March, 1837. 



|n force March AN ACT to Incorporate the Jonesboro' and Mississippi Rail Road" 
3, 1837 Company. 

Sec. 1. Be it enacted h\j the people of the State of Illinois, 
represented in the General Assembly, That Benjamin W. 
Brooks, James L. Hodges, Willis Willard, James Reedi, 
Sidney S. Candan, Winstcad Davie, John S. Hacker, 
John Russcl, Michael Graver, Elijah Willard, Samuel 
Reed, Jeiferson McKinney, Augustus Rixleben, Robert 
Hargrave, David Arendall, John Dougherty, Caleb Frick 
and William .C. Whitlock, 'and such other persons as 
may associate with them for that purpose, be, and they 
Body politic &. are hereby constituted a body politic and corporate, by 
corporate ere- ^j^g name ot the "Jonesboro' and Mississippi Rail Road 
Company," for the purpose of constructing a rail-road 
from Hamburg on the Mississippi river in Union county^ 
to Jonesboro', and from thence, if they shall deem it proper, 
to some suitable point on the Central Rail Road; to take, 
transport, and carry, property and persons, upon the same, 
by the power and force of steam, animals, or of any me- 
chanical or other power, or by a combination of them, 
which the said corporation may choose to employ; and by 
Bights & pri- ^j^jjt name they and their successors shall be, and are here- 
v»«>ge" by vested with the right and privilege, of constructing and 

losing the said road, for the purpose aforesaid, from auti 



JNCORPORATION LAWS. 1^63 

to the points comprised in the linr.its beforementionedj 
and may have succession, and shall be persons in law; may 
BUG and be, sued, contract and be contracted with, pleadand 
be impleaded, in all courts of law and equity, and in all 
manner of actions; and they and their successors may 
have and use a common seal, and may change and alter 
the same at pleasure. 

Sec. 2. That if the said corpoiation hereby created When to corn- 
does not commence the said rail road within hve years; "^'|^'p^g^"^^.j 
and finish the same within twenty years from the passage load 
of this act, then the said corporation shall thenceforth for- 
ever cease, and this act be null and void. 

Sec. 3. The capital stock of said company shall be fifty Capital stock 
thousand dollars, with liberty to increase the same, from 
time to time, by new subscriptions, in such manner and 
form as they shall think proper, to any amount not ex- 
ceeding one hundred thousand dollars, for the purpose of 
fulfilling the intent of this act; which said capital stock 
shall be distributed into shares of one hundred dollars 
each; which shall be deemed personal property, and trans- 
ferrable in such manner as the said corporation shall by 
law direct. 

Sec. 4. That Benjamin W. Brooks, James L. Hodges, Coromissioners 
Willis Willard, James Reed, Sidney S. Candan, Winstead 
Davie, John S. Hacker, John Russel, Michael Graver, 
Elijah WiUard, Jefferson McKinncy, Augustus Rixleben, 
Robert Hargrave, David Arendall, John Dougherty, Ca- 
leb Frick and William C. Whitlock, shall be commission- 
ers, the duty of whom, or a majority of them, it shall be, 
at some suitable place in New Orleans, Philadelphia and 
New York, and in the towns of Jonesboro', Shawnee- 
town, Springfield, Alton, Brownsville and in Frankfort, in 
the State of Illinois, or at such of said places as the said 
commissioners may deem necessary, to open books to re-'^°°^'^." ^^^ 
ceive subscriptions to the capital stock of said corpora- 
tion, and to do such other things as in their opinion is best 
calculated to get the said stock taken up. Sixty days no- 
tice shall be given by said commissioners, of the time and 
place of opening said books, in one of the public newspa- 
pers in or near each of the said places. Tlie commission- 
ers shall receive no subscriptions unless one dollar on each 
share subscribed, be paid at the time of subscribing; and 
as soon as the capital stock shall be subscribed, to give a 
like notice for a meeting of the stockholders, to choose Stocklioiders trf 
five directors; and such election shall be made, at the time n^^etto choo sd 
and place appointed, by such of the stockholders as shall "^*^'°" 
attend for that purpose, either in person or by lawful 
proxy, each share of the capital stock entitling each 
itockholder to one vote ; and the said commissioners 



^Oi INCORPORATION LAWS. 

shall be inspectors of the first election of directors of 
said corporation, and siiall certify under tiieir hands the 
names of those duly elected, and deliver over the subscrip- 
tion books to the said directors. And the time and place 
of holding the first meeting of the directors shall be fixed 

-^. by the said commissioners; and the directors to be chosen 

Dnectors to ^ . ^. ^ , i i .. in 

choose a pre- ^'- such meetuig, or at such annual election, shall, as soon 

sidentand vice as may be after every election, choose out of their number 
piesideiu one president, and one Other person to be vice president; 
and in case of the death, resignation, or removal, of the 
To fill vacan- president, vice president, or of any director, such vacancy 
*^'^* or vacancies may be filled for the remainder of the year^ 

whenever they may happen, by the directors; and in case 
of the absence of the presi-dent and vice president, the 
board of directors shall havepower to appoint a president 
pro tempore^ who shall have and exercise such powers and 
functions, as the by-laws ofthe said corporation may provide. 
Sec. 5. It shall be lawful for the directors to require 
payment of the sums subscribed to the capital stock, at 
Subsciiptions such timcs, and in such proportions, and on such condi- 
forfeh'^^' °' tions, as they shall deem fit, under the penalty of the for- 
feiture of all previous payments thereon; and shall give no- 
tice of the payments thus required, and of the place 
Notice to be and time, where and when, the same are to be paid, at 
K'^^** least ninety days previous to the payment of the same, 

in some public newspaper of this Slate, and in the several 
cities where the books of the company may have been 
Corporation opened for subscription to the capital stock. 

solved V"e - ^^■^' ^' ^^^^ ^" ^^^^ ^^ ^^^^^''^ ^^ ^^y ^'^^^ happen that 
lectto elect ^^ election of directors shall not be made, on any day on 
which, in pursuance of this act it ought to be made, the 
said corporation shall not for that cause be dissolved, but 
such election may be held at any other time directed by 
the by-laws of said corporation. 

Sec 7. That a majority of the directors of the said cor- 
poration shall form a board, and shall be competent to 
Power to euact transact all the business of the corporation, and they shall 
' ' have full power to make and prescribe such by-laws, rules 
and regulations, as to them shall appear needful and pro- 
per, touching the management and disposition of the 
stock, property and eiVects, of said corporation, the trans- 
fer of shares, and touching the duties and conduct of their 
oflicers and servants, and the electing of directors, and all 
To appoint se-Qti^e J. matters whatever, which may appertain to the con- 
cieaijr, cei s, ^^^.^^^ of the said corporation; and also shall have power tct 
appoint asecretary, and as many clerksand servants, as ta 
Allowauces them shall seem proper; and to establish and {]\ such sala- 
ries and allowances to them, and aLso to the president and 
vice president, as to the board may appear proper. 
Sec. 8. That the said corporation be, and they arc hereby 



INCORI^ORATJON LAVV.S. 2G5 

authorized, by their agents, surveyors, and engineers, to Tocauseex- 
cause such examinations and surveys to be made, of the ammanons to 
ground lying within the aforesaid limits, prescribed by the 
lirst section of this act, as shall be necessary to determine 
the most advantageous route for the proper line or course, 
whereon to construct their said road; and it shall be law- 
ful for the said corporation to enter upon and take posses- g.^jj^g^j^ggj^J 
sion of, and use, all such real estate as may be indispensa- 
ble for the construction and maintainance of their said road, 
and the accommodations requisite and appertaining to 
them; and may also hold and take all such voluntary grants 
and donations of land, and real estate, as shall be made to 
the said corporation, to aid in the construction, maintian- 
ance and accommodation of their said road; Provided, '''^'^° 
That all lands and real estate thus entered and taken 
possession of, and used, I^' said corporation, and which 
are not donations, shall be purchased by said corporation, 
of the owners of the same, at a price mutually agreed 
upon between them; and in case of disagreement as to 
the price, it shall be the duty of the Governor of this State, Governor to 
upon a notice given him by said corporation, to appoint ^^ig°;",',^g^g'j'j 
three commissioners, who shall be persons not interested determine 
in the matter to be determined by them, to determine the ^^amages 
damages which the owner or owners of the land or real 
estate, so entered upon by the said corporation, has or have 
sustained by the occupation of the same; and upon the On payment of 
paymentof such damages, togclherwith the costs and dama- damages may^ 
ges attending the appraisement, by the said corporation. Pay of apprals- 
the commissioners being allowed three dollars per day ers 
while thus employed, or upon the said corporation deposit- Deposititing a- 
• ♦!, * r Ai J • I • u j-i 1 1 1- *u mountofdaraa- 

ingin the treasury ot the county in whichthe land lies, thCgesj,, treasury 

amount ofsaid damages, together with the costs and charg- 
es aforesaid, to the credit of the person or persons to whom 

the commissioners may have awarded them, the said coun- ^r. 

. •, I 1 1 • < • J I u Treasurer tO 

ty treasurer shall give notice to such person or persons by gj^g notice 

letter, of such deposite being made by the said corpora- 
tion, then the said corporation shall be deemed to be seiz- 
ed and possessed ot the fee simple of all such lands or real 
estate, as shall have been appraised by the said commis- 
sioners; and it shall be the duty ofsaid commissioners, or 
a majority of them, to deliver to the said corporation a 
written statement of the award or awards they shall make, 
with a description of the land or real estate appraised, to I'«'"^"P'»o" "f 
be recorded by the said corporation, in the clerk's office en'aud »ecord' 
of the county in which the land or real estate may lie; ed 
that in case any owner or owners of land or real estate so 
appraised, shall be femes covert, under age, non compos 
mentis, or out of this State, then, and in that case, the said 
corporation shall pay the amount which shall have been Corporation to 

34 P^^' *'<^' 



'^G INCORPORATION LAWS. 

awarded, as due to the last mentioned owners, respective- 
ly, wherever the same shall be lawfully demanded, togeth- 
er with interest at the rate of six per cent, per annum. 
Tn make load ^^*^* ^' That the Said Corporation be, and they are hereby 
collect tolls, authorized to construct anduse a road, of suitable width and 
ercctbaiicJjngs dimension?, tobc detcrminod by the said corporation, with- 
in the liuiils presci'ibcd within the first section of this act; 
and shall iiavc jiowcr to icgulate the time and manner 
in which i:;ood,s and passengers shall be transported, taken 
andcarricd on the same, as v/ell as the manner in which they 
shall collect all tolls and dues, on account of transportation 
andcaniage; and shall have power to erect and maintain 
toli-housos, and other buildings for the accommodation of 
their concerns, as they may deem suitable to their interests, 
and to collect tolls as soon as any part thereof shall be 
finished. 
To con true t a Sf.c. 10. Thc president and dircctors of said company, 
single or double jf jt shall be SO decided by a full majority of all the stock- 
track holders therein voting, as hereinbefore provided, shall 
cause to be constructed, a double or single rail road or way, 
along thc same route, as they may tliink proper, which 
shall be subject to the same rules and regulations as here- 
in provided. 
To construct Sec. 1 1. That whencvcr it shall be necessary for thc 
road across coHstruction of the Said rail road, to intersect any stream of 
>j;uv.iys water, or watercourse, or any road or highway, between 
the places mentioned in the second section of this act, it 
shall be lawful for thc corporation to construct said rail 
road or trackway, across or upon thc same; but the cor- 
poration shall reslore tlic stream or \Aater course, or road 
or highway, thus intersected, to its former state, suflicient- 
ly so as not to obstruct its navigation or usefulness in any 
respect whatever. 
Persons injur- ^^c. l2. That if any pcrsou or persons shall wilfully do 
iiigvoad to pay or causc to be done, any act or acts whatever, whereby 
a lorfeit any building, construction, or work, of the said corpora- 
tion, or any engine, machine, or structure, or any matter 
or thing appertaining to the same, shall be stopped, ob- 
structed, impaired, weakened, injured or destroyed, the 
person or persons so olfending shall forfeit and pay to the 
said corporation double the amount of the damages sustained 
by means of such olFcnce or injury, to be recovered in thc 
name of said corporation, with cost of suit, by action of 
debt, to be brought before any court of record in this 
State, or bclore any justice of the peace in the counties 
where such injuries may have accrued; and the person or 
Liable to 'i"'^ persons so olfcndinii; shall be deemed guilty of a misdc- 
nieut moanor, and liable to Ime and unprisonmcnt lor a term not 
Act a public exceeding ouc month. 
^''^ Stc. I'S. This act shall bo deemed a public act, and 



INCORPORATION LAWS. 2G7 

shall be favorably construed for the purposes heroin ex- 
pressed and declared in all courts and places whatever. 
Approved 3d Marcii, 1837. 



AN ACT to incorporate llie Grafton and White Hall Hotel Companies. ;'' , ^ , ',_ 

March, 18J7 

Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That llcscarick Ayres, Body politic & 
Henry M. Blanchard, Chester Swallow, Daniel Hendcr- J°^P°^'a'e crea 
son, and William Colton, of the county of Greene, are 
hereby created a body politic and corporate, under the j^^me & stvie 
name of the ''White Hall Hotel Company ;"'' and by that 
name may sue and be sued, plead and be impleaded. Perpetual suc- 
and shall have perpetual succession for the term of thirty cession 
years, and no longer. 

Sec. 2. Said corporation shall have power to erect a To erect build- 
building for a hotel in the town of White Hall, in the "'S f°*' ^-"'^^ 
county of Greene and State of Illinois, and for that ,, 

iVlsv mnkG COP" 

purpose may make alt contracts, and own and occupy allnacis 
land and other property' ^necessary to effect said object, Land held 
and no more. Said corporation may divide the stock 
of said company into as many shares as to said corpo- 
rators may seem best; and said stock may be increased to a 
sum sufficiently large to put up and furnish said hotel, and 
no more. Said corporation may appoint all officers and May appoint 
agents of said corporation necessary to clTect said ob- ^n officers 
ject, and may make all by-laws proper and necessary to "^^ '^^^^ ''-'" 
the' same; and said corporation, at the final dissolution ^"^ 
thereof, or at any other time, may sell and by their agents po^nted"convey 
properly appointed convey said land and building, and property 
all other property belonging to said company. 

Sec. 3, La Fayette McCritters, John Keys, F. Z. ^ *"'^^ 
Hicks, Paris Mason, and Rcscarick Ayres are hereby 
created a body politic and corporate, under the name, 
firm, and style of "T/ic Grcfton Hut A Comy^a^^," with ^'^'"^^"''"y'® 
powers to erect a building at the town of Grafton in p . . 
Greene county, to be furnished and used as a hotel; and 
said corporation shall have the same power, and continue Timeofcontin- 
the same time, as is provided in the foregoing section for "^"<^^ 
the White Hall Hotel Company: Provided, That neither ^'oviso. 

of said companies shall ever issue any notes or other oi n , 
, , . , ^ , . . y bhall have no 

checks, to be used as a circulating medium, or have any banking powe»« 
Ipanking privileges whatever. 
Approved 3d March, 1837. 



tiOH INCOUPORATION LAWS. 

In force 3(t AN ACT to incorporate the Deardstown Insurance Company. 

March, 18J7. ^ ^ ^ 

Skc. 1. Be it enacted by the people of the State of Illinois^ 

represented in the General Assembly^ That there shall he 

established in the town of Beardstovvii an insurance com- 

Name of com. p^ny, to be called the "lieardslown Marine and Fire In- 

t^"^ surance Company." 

Who may be Sec. 2. All such pcrsons as shall hereafter be sLock- 
«tockholders holders of said company shall be and they are hereby de- 
clared to be a body corporate and politic, by the name and 
style of the "Bcardstown Marine and Fire Insurance 
Company," and to continue for and during the term of 
To continue 3 thirty years from and after the passage of this act; and 
years j^y ^^j^^^ name and style shall be competent to contract 

Ma ontract ^^^ ^® contracted with, and be capable in law and equity 
May sue and ^^ ^^^c and be sued, to plead and be impleaded, answ^cr 
be sued and be answered unto, defend and be defended in all courts 

and places, and in all matters whatsoever. 
Ma have a ^^^' ^' '^^^ ^^^^ corporation may have and use a 
seal common seal, which they may alter, change, or break at 

pleasure; and may, also, make and establish, and put in 
By laws execution such by-laws, ordinances, and regulations as 

shall in their opinion be necessary for the good govern- 
ment of said corporation, and the prudent and efBcient 
management of its affairs. No by-laws, ordinances, and 
No bylaws to regulations of the same shall be in any wise contrary to 
wUhTetSr'the constitution and laws of this State, or of the United 
of state States. 

Capital stock Sec. 4. The capital stock of said company shall be 
$100,000 one hundred thousand dollars, to be divided into shares of 
fifty dollars each, to be paid in such instalments as the 
directors chosen under this act may from time to time 
direct, under such penalties as the president and directors 
may in their discretion appoint and order. The said 
Can be in- capital stock may hereafter be increased to the amount 
CSOO^OOcT ^^ ^^^ hundred thousand dollars, in the discretion of a 
' majority of the directors of said incorporation, to be 

subscribed for and taken under the direction of the pre 
sident and directors aforesaid, or a majority of said di- 
rectors, by any person whomsoever in tlie same manner 
as is provided for the subscription of the original capital 
stock. The stock of said corporation shall be assign- 
Stock <rans- j^j^jg g„(j transferrable, according to such rules as shall 
fenabie ^^ adopted in that behalf by the by-laws and ordinances 

thereof. 
Powers. Sec, 5. The corporation hereby created shall have 

power and authority to make marine insurance upon 
vessels, goods and merchandize, freight, monies, bottomry, 
respondentia interest, and on all marine risks, and inland. 



INCORPORATION LAWS. 2G9 

navigation and transportation; and against losses by lire 
of any buildings or houses whatsoever, and vessels on the 
stock, and also to receive monies on dcposiic, and to 
loan the same on bottomry, resnoudentiu or otiicrwisc, at 
such rates of interest as may now or liereader be done 
by the existins: laws of this SL;ite; and ihv\ may also „ , . 

•' ,, i'-' . 1 • 1 • . ■ ' •,• May be insured 

cause themselves to be insured ngamst any maiitnnc 
risks upon which they have made insurance, and upon 
the interest which th9y may have in any vcs-scl, goods 
or merchandize, or houses, in virtue of any such loans, 
whether on bottomry and respondentia, or otherwise, on 
such terms and conditions as may be agreed upon by 
the parties, and to fix the premiums and terms of pay- 
ment. 

Sec. G. All pohcies of insurances by them m^de pi,iy of pre?i- 
shall be subscribed by the president, or in case of his dLut ami sccie- 
dcath or absence, by the vice president, and countersign- ^"''i' 
ed and sealed by the secretary of said company; and all 
losses, arising under any policy so subscribed and sealed, 
may be adjusted and settled by the president and board 
of directors. 

Sec. 7. The said corporation shall not take any risk, Amount of 
nor subscribe any policy by virtue of this act, until the sum stock tobesubv 
of ten thousand dollars of said capital stock thereof shall ^'„';^^„';!,;°^^^^^^^^^ 
have been actually paid in. take any risk 

Sec. 8. Said company shall not directly or indirectly 
deal or trade in buying or selling any goods, wares, or 
merchandize whatever; but the president and directors Cajjitai stock 
may, at their option, vest the capital stock of said cor- may be vested 
poration in the capital stock of any incorporated bank 
or trust company, or public funds of the United States, 
on any State in the Union. They shall have power 
also to loan to any citizen of this Siate any portion of May loan not 
their capital stock, not exceeding ten thousand doUai-s, I'^l^y qIJqS 
to one individual on bottomry, bond, mortgage of real es- 
tate, or other satisfactory security at their discretion, and 
also to purchase and sell bills of exchange. 

Sec. 9. The said corporation may purchase and hold ^^ j^^^^ ^.^^j 
such real estate as may be deemed necessary for the estate 
transaction of its business, and to an amount at any time 
not exceeding ten thousand dollars, and to take and hold 
any real estate as securities, mortgaged, or pledged to the 
said corporation, to secure the payment of any debt due, 
or that may become due to it, and also to purchase any 
sales made by virtue of any judgment at law, or any de- 
cree of a court of equuy; or authorize to take and re- 
ceive any real estate in payn-'ent or towards satisfaction 
of any debts previously contracted or due to said corpo- 
ration, and to hold the same until they can conveniently 



270 



INCORPORATION LAWS 



Commissioners 
appointed 

Subscriptions to 
capital stock 

Time of open- 
ing books 

$5 to be paid 
at time of sub- 
scribing 



Proviso. 



Notice 



Ip casp of 
death, or 



How conduct- 
ed 



First election, 
how and where 
held 



Inspectors of 
flection 



and advantageously sell and convert the same into mo- 
ney or other personal property, and to sell and convey 
said real estate or any part thereof. 

Sec. 10. John S'. VVilbourn, Nathaniel B. Thompson, 
S. H. Wilkcy, Isaac C. Spence, Thomas Graham, William 
Bassctt, and B. W. Snider are hereby appointed commis- 
sioners for superintending subscriptions to said capital 
stock; and the said commissioners, or a majority of them, 
shall open one or more subscription books for said stock 
on the first Monday of May, in the year of our Lord one 
thousand eight hundred and thirty-seven, in the town 
of Beardstown; and the sum of five dollars, on each 
share subscribed for, shall be paid to said commissioners 
at the time of making such subscriptions. The books may 
be closed when the whole of said stock shall be subscribed, 
and whenever the board of directors shall be duly elect- 
ed, the said commissioners shall deliver over to the said 
board of directors the whole amounc of money by them 
respectively or jointly received, except so much as shall, 
be retained for the expenses incurred by them in execu- 
ting the duties imposed on them by this act: Provided^ 
however^ That if the books for the subscription of ^stock 
shall not be opened at the time herein required, the said 
commissioners may open the books at any time thereafter, 
upon their giving twenty days previous notice in some 
newspaper printed in the town of Jacksonville, in the 
county of Morgan, of the time and place of opening the 
same. 

Sec. 11. In case of the death, resignation, or absence 
of any of the commissioners^named in this act of incor- 
poration, it shall and may be lawful for any three of 
them to form a quorum, and proceed to business, whose 
duties shall be the same in the premises as those pre- 
scribed to the whole of said commissioners by this act 
of incorporation named, and their acts, as such, shall, 
be legal. 

Sec. 1 2. The stock, property, and concerns of sai4 
incorporation shall be managed and conducted by nine 
directors, who shall hold their offices for the term of one 
year, and until others shall be chosen, and no longer, and 
shall at the time of their election be a citizen of this 
state, and holders respectively of not less than ten shares 
of the capital stock of said company. 

Sec. 13. The first election of the directors, under 
this act, shall be held at such time and place in the town 
of Beardstown as shall be directed by the said commis- 
sioners, a majority of them, who, or a majority thereof 
are hereby appointed inspectors of said election, and 
persons thus elected as oircctors shall hold their oflicc? 



INCORPORATION LAWS. 271 

Until the first Monday of June, in the year of our l.ord 
one thousand eight hundred and thirly-eight, and until 
others are elected in their stead. 

Sec. 14. The directors, for every subsequent year, 
shall be elected on the first Monday of June, in each 
year, at such time of tlie day and at such place within 
the town of Beardstown, and under the direction of 
such person as a majority of directors for the time being 
shall appoint by a resolution to be entered on their 
minutes. 

Sec. 15. All elections sliall be by ballot, allowing £ig(,j;jj|,s,o ^^^ 
one vote to each share of the capital stock, and the by ballot 
nine persons who shall have the greatest number of 
votes, shall be directors, and if at any election two or 
more persons shall have an equal number of votes, so 
as to leave their election undecided, the directors, who 
have been duly [elected.] shall by ballot and by plurality 
determine which of said persons so "having an equal 
number of votes shall be director or directors, so as to 
complete the whole number, and whenever any vacancy Vacancy 
shall happen for the office of president, vice president, or 
directors, from death, or other causes, such vacancy shall 
be filled for the remainder of the year in which it shall 
happcE by the directors for the time being, or a majority 
of them. The said commissioners shall certify under 
their hands and seal the persons elected, and deliver such 
certificate to the persons elected, or to some one of ihcm, 
and if through any unavoidable accident said directors 
should not be chosen on the first Monday as aforesaid. Elections Jaw- 
it shall be lawful to choose them on any other day in the f^^ »' other 
manner herein provided. '""^^ 

Siic. 1(3. The directors, when chosen, sball meet as 
soon as may be after any election, and shall choose out 
of their number a president, who shall be sworn or ^f- ^j^^^"^"""" ^* 
firmed faithfully to discharge the duties of said office, 
and shall preside for the term of one year, and'until an- 
other person shall be chosen in his stead, and also a vice ^'"^^ President 
president for the same tenn. They shall have power to p^^^.g^ to an- 
appoint a sccrct^ary and all^^ subordinate officers of said point oflicer.* 
corporation, fix their compensations, define their powers, 
and prescribe their duti(s, who shall give such bond and 
in such penal sums, with such conditions, and with such 
securities, as the directors shall prescribe, and liold their 
several ofliccs during the pleasure of a mnjority of said Term of offic^ 
directors. 

Sec. 17. The president and vice president, and four 3^^^^.^ 
of the directors shall be a board competent to the trans- 
action of business, and all questions shall be decided bjr 
a majority of votes. 



27:3 INCORPORATION LAWS. 

Shall publish Skc. 18. The president and directors of said com- 
^"'°J"j|"'^'"'^''p;iny shall, previous to suI)soriljing any pohcy, and once 
in every year alLer, publisli in two of the newspapers 
printed in this state the amount of capiird stock, against 
what risks they mean to insure, and the laigesl sum they 
mean to tax on any ri,.-k. 

Sec. r.). Tlie expenses, incurred by the commission- 

MiT"^^^'' ''"^"^ ^''^ '" executing any duty re(iuired by this act, shall be paid 

out of the money received by them from the subscribers 

out of tiie ca|)ital stock, and may be retained by them for 

such purposes. 

Duty of direct- ^^'^' ''^^' ^^ ^^^'"^^^ ^'^ ^'''■' ^"^^ ^^ ^^^ directors of 
ors said company, at such times as the by-laws thereof shall 

prescribe, to make dividend of so much of their interest, 
Shall make (liv- arising from the capital stock and the profits of said com- 
"^"'' piiny, as to them shall appear advisable; but the money 

received and notes taken for premiums or risks, which 
shall be uniletermined and outstanding at the time of 
making such dividends, shall not be considered as a part 
of the profits of said company; and in case of any loss or 
111 case of losses whereby the capital stock of said company be les- 
loMes scned before all the instalments are paid in, proprietors' 

or stockholders' estates shall be held accountable for the 
instalments that may remain unpaid on his share or shares 
at tlie time of such loss or losses taking place; and no 
subsequent dividends shall be made, until the sum, ari- 
sing from the protits of the business of the said company, 
equal to sucli diminution, shall have been added to the 
capital stock. And once in every three years, and oftener, 
if required by a majority of the votes of the stockholders, 
the directors shall lay before the stockholders, at a genc- 
^tatemenis to ^^' meeting, an exact and particular statement of the 
be made prolits, if any there shall be, after deducting losses and 

dividends, 
beclaied a Sec. 21. This act is hereby declared to be a public 
public act act, and shall take elTcct from and after its passage, and 
shall be liberally construed for every purpose herein 
contained. 

Sec. 22. This charter shall be void and of no effect^ 

Charter unless the stock shall be subscribed, and the company 

shall commence operations agreeably to the provisions 

thereof within two years after the passage of this 

act. 

Sec. 23. Nothing in this act contained shall confer on 
Banking pow- Said corporation hanking powers, or authorize it to issue 
iers not grantod notes in tlic sinulitudc ul' bank notes, to be issued as a 
circulating medium in lieu of money. 

Sec. 21. That in case of any loss or losses taking 
place, which shall be equal to the amount of the capital 



INCORPORATION LAWS. tiTS 

stock of said company, and the prcsidrnt and directors, 
after knowing of such loss or losses having taken place, 
shall subscribe to any policy of insurance: their estates, 
jointly and severally, shall be accountable for any and 
every loss which shall take place under policies so sub- 
scribed; and the estates of stockholders, as aforesaid, 
shall ;be liable for every loss equal to the amount of said 
capital stock subscribed, and not actually paid, in all cases 
of losses exceeding the means of said company, whether 
they consist of stock paid in or profits not divided. 
Approved 3d March, 1S37. 



AN ACT to lucorponite the Galena Rnil Road and T ranspoitatioii Lonipany. g^i ^q^-j 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That R. B. Brush, 
John Turney, Horatio Newhall, D. B. Morehouse, G. W. 
Fuller, John Dowling, M. C. Comslock, J. W. Stephen- 
son, N. T. Head, Henry Corwith, H. H. Grear, G. W. 
Campbell, Daniel Wann, Moses Hallet, W. C. Bost- 
wick, and T. B. Farnsworth, and their associates, succes- 
sors, and assigns, are hereby created a body politic '^^(^ Body cheated- 
corporate, under the name and style of the "The Galena name and stylo 
Rail Road and Transportation Company," for the term 
of fifty years from the passage of th's act, and by and un- 
der that name and style, during said term, shall be and 
are hereby declared competent to contract and be con- Can contract; 
tracted with, and capable in law and equity to sue ^"^^•^f^'^^s^e'^ 
and be sued, to plead and be impleaded, to answer 
and be answered unto, to defend and be defended in all 
courts, places, and matters whatever; to make, have, and ^^'j'.'^^^'®* 
use a common seal, and the same to alter, change, break, break ^nie 
and renew at pleasure; and also to make, establish, and 
put in execution such by-laws, ordinances, and regulations Can make by- 
as shall, in their opinion, be necessary and convenient for^^^^* 
the government of the corporation hereby created, and 
the prudent and efficient management of its affairs, and 
not in any wise contravening the laws of this state or of 
the United States; and generally to do all and singular 
the acts, matters and things that a corporation may right- 
fully do in the premises; and the said corporation shall 
have the right and are hereby empowered and authorised Powersgranted 
to construct or cause to be constructed, and during the 
continuance of this charter, to maintain and continue a single or dou.. 
rail road or rail roads with a single or double track, orbietmck 

35 



27i INCORPORATION LAWS. 

otherwise, and with such appervdages as may be deemed 
necessary or convenient, from the town of Galena, in the 
county of Jo Daviess, to such point or points on the north- 
ern boundary line of this state as shall, upon survey or 
purveys to be made, be deemed eligible and convenient. 
Pjw sof ^^^' ^* ^"'^ ^^^ president and directv)rs hereinafter pro- 

vided for, are hereby authorised and empovi^ered to exer- 
cise all the powers and authority herein granted for the 
purpose of locating, constructing, completmg, maintain- 
_ ^ , , , , ing and using said rail road or rail roads. The said cor- 
poration may purchase and hold lands and materials for, 
Wuithofioacl and lay out the said road or roads, six rods wide through- 
out, and for cutting, embankments, procuring stone, grav- 
el, constructing bridges, viaducts, and tunnels, and erect- 
ing the necessary buildings and appurtenances, may take 
as much more land as may be necessary for the proper 
construction and completion ofsaid rail road or rail roads, 
Proviso nnd the permanent security of the same: Provided^ always. 

That the said corporation shall be holden liable to pay all 
Shall pay dam- damages that may or sliall arise to any person, copartner- 
^*^' ship, or corporation by reason of taking or using their 

lands, stone, gravel, or other property, for the use of said 
road or roads. When the said land, stone, gravel, or ofeher 
property cannot be had and obtained by voluntary agree- 
ment, said damages to be estimated and recovered in the 
manner provided by law for the recovery of damages hap- 
pening by the laying out of highways. And whenever 
lands fo be taken, as above provided, shall belong to any 
married yroman, infant, non compos mentis, or other person 
Cuardlan may under guardianship, then the husband oi guardian, as the 
ges * " case may be, may release all damages in relation to the 

property so to be taken and appropriated as fully as tbey 
might do if it were holden in their own right respective!-/. 
Railroad may ^^<^' ^' Said corporation shall construct their Said rail 
cros! rivers, road or roads across rivers, canals, water courses, 
iiirnpikes.skaii ^^m-ppil^eg^ and Other public ways in such manner as not 
iiotobstnict to obstruct, hinder, or interfere with the passage, naviga- 
tion and free use of the same; and if said road or roads 
be not so constructed the said corporation shall be liable 
to all parties aggrieved or injured thereby, in freble dam- 
be^recoveTeY '^S^^ ^° ^^ recovered in an action at law in any court hav- 
ing jurisdiction thereof. 
If locomotives Sec. 4. Whenever Said corporation shall employ loco- 
are employed motivcs propelled by the power of steam, they shall, in all 
f'l?.!l!*" ^^ places wherever their said road or roads shall or mar cross 
any public way or road, erect or cause to be erected over 
and across said public way or road a sign or signs having 
fairly painted thereon in Roman letters, each letter to be 
not less than one foot in height; the letters to be black, 



INCORPORATION LAWS. 273 

painted upon a white ground the following words, "^ai^,^°f;f,i°eE 
Road Crossing, look out for the engine while the bell 
rings." Said signs to be so placed that they may be conven- 
iently seen and read by persons passing on said public way 
way or road and approachingsaid place ofcrossingin either 
direction. And the said corporation shall place upon each 
and every locomotive engine used or employed on said 
rail road or rail roads a bell v^^eighing not less than seven- „.jj^^ ^^j, 
ty-five pounds, and cause the same to be rung whenever p„,, , . „ ,.„,.„ 

•^.11^ • • III ■ t ■ ii \r c I ^ Bell to be vuug 

said locomotive engine shall come within hall ot a mile oi „hhin half 
said placed of crossing and until the same be passed; and mile of cioibiog 
for each arid every time that any locomotive engine, be- 
lohgirig to said corporation, and moved by the force of 
stfearri shall cross any public way or road, the sign or signs 
above mentioned, not being erected as aforesaid, except 
the same shall have been pulled down or destroyed, with- 
out such pulling down or destruction becoming known to 
the company or its officers, the said corporation shall for- 
feit the sum of five hundred dollars, for the use of the coun- Forfeit 
ty, and be further liable tB all parties aggrieved or injured 
thereby, in treble damages, to be recovered in an action 
at law, in any court having competent jurisdiction: and 
for every time any locomotive engine as aforesaid, shall 
fcross any public way without the bell being rung in the 
manner above prescribed, the said corporation shall for- 
feit the sum of one hundred dollars to the use of the coun- ^""''" '"°'"^'''* 
ty, and be liable to parties aggrieved in treble damages, 
to be recovered as above provided. 

Sec. 5. If any person or persons shall, wantonly, wil- 
fully, or maliciously, and contrary to law, obstruct the ^Sn-Vhail 
passage of any car or cars on said rail road or rail roads, forfeit *" 
or any part thereof, or shall break, alter, or remove any 
part of the track or tracks of said rail road or rail roads, or 
cause or procure the passage of said cars to be constructed, 
[obstructed,] or any part of said track or tracks to be altered, 
broken^ or removed as aforesaid, he, she, or they with all 
ind every their aiders and abettors shall severally forfeit 
to said corporation treble the amount of any damage or 
damages occasioned thereby, to be recovered by action at jt/annerofre- 
law, in any court having competent jurisdiction: andcov-jy 
tyhether damage shall be occasioned or not by said obstruc- 
tion, breaking, altering or removing, all persons so offend- 
ing, with their aiders and abettors shall be liable to indict- Lj^bie to in- 
ment in the usual manner, and upon conviction, to pay a dictment 
fine riot less than five hundred dollars, nor more than ten Fine 
thousand dollars, for the use of the county, and be impri- May be impii- 
6oned for a term not less than one year, nor more than ^°"®'^ 
five years, either or both, at the discretion of the court 
before whom said conviction may be had. And if any per- 



276 l^COilPORATlON LAWS. 

son shall, wantonly, wilfully, and maliciously pull down, 
injure, or dcf.icc any sign or signs or other appurtenances 
of said rail road or lail roads, or cause or procure the same 
to be done, every such person so olfending shall forfeit to 
the said corporation treble damages, and liable to in- 
dictment as atbrcsaid. and upon conviction be liable to 

^'"^«To30°'^ pay a fine of not more than one thousand dollars, for the 
use of the county, and be imprisoned not more than one 
year, either or both, at the discretion of the court before 
whom conviction may be had. 

p Sec. 6. The capital stock of said corporation shall be 

of'$500,000 ^^^^ hundred thousand dollars, to be divided into shares of 
one hundred dollars each, to be paid in the manner follow- 

Atwoiint to be -j^g. ^j^j^j. jg ^^ g^^.^ ^^^^ dollars and fifty cents at the time 

gubsciibiiig of subscribing; five dollars in thirty days thereafter, and 
the residue in such manner as the directors hereinafter 
provided for, shall require. But the said president and 

T^"'-i''^^^'^"°" directors shall give at least thirty days public notice of 
every such call or lequisition, m one or more newspapers 
published in or near all places where said stock shall be 
subscribed for and taken, as hereinafter pro\idcd. 

,, , , Sec 7. The said capital stock may be hereafter, from 

block may be ^. . .• i • i ji i- . 

increased to not tunc to timc and in sucn manner as the directors may 
moiethan dccm cxpcdieut and necessary, increased to an amount not 
i|gi,()00,<JOa exceeding one million of dollars. 

Sec. 8. George Ferguson, Samuel T. ClufT, Jacob 
Wyeth, F. Stahl, James Evans, John Stark, and John 
Commissjoneis |{eed, are hereby appointed commissioners to superintend 
appojn the subscriptions to the said stock. And the said commis- 

sioners, or a majority of them, shall open or cause to be 
Books of sub- opened one or more subscription books for said stock , on 
sciiption to be thc first Monday in June, in the year of our l^ord one 
opened thousand eight hundred and thirty-seven, in the town of 

Proviso Galena: Prorided, hozccvcr, That if the said books be not 

opened at the time herein designated, they may be open- 
ed at any time within ten months thereafter, upon giving 
twenty days notice in all the papers published in Galena. 
Subsciiptlons All subscriptions shall be made in the manner prescribed 
how made in section six of this act. And the said books may be clos- 
When stoc'.i is ed whenever the wholc of Said stock shall be subsciibed 
eubsciibed f^^. ^^^^ taken. And whenever a board of directors shall be 
Com miss lone 1-9 ^ijj^ elected, the said commissioners shall deliver over to 
over books and the said board of directors the said books, and shall pay 
ailmoiieys ovcT to said board the whole amount of money by them 
respectively or jomtly received, except such sum or 
sums as may be necessary to defi-ay expenses incurred by 
said commissioners in exccuiing t!ie duties imposed on 
Commissioners (.|^^i^ 1^ this act; and which sum or sums tiie said commis- 

may retain ex . •' , . ^i • i * . • z' .i r 

peiue money sioucrs are hereby autlionsea to retain lor t!ie purpose ot 
defraying such expenses. In case of the death, disquali- 



INCORPORATION LAWS. 277 

fication, resignation or refusal to act of any of the com- 
missioners in this act named, it shall and may be lawful 
for any three of them to constitute a quorum and proceed xhree may 
to business, whose powers and duties shall be the same in constitute a 
the premises as those prescribed to the whole of said com-i"°'""™ 
missioners, and their acts as such shall be legal. 

Sec. 9. The stock, property, and concerns of the said stock &c. un- 
corporation shall be under the control and management dnrcontiol of 9 
of nine directors, who shall hold their offices for one year "'^'^'°" 
and until others be chosen in their places, and no longer; 
and shall, at the time of their election be citizens of the 
county oi Jo Daviess and holders respectively of not less 
than five shares of the capital stock of said corporation, 
and they shall be elected in the manner hereinafter pre- 
scribed. 

Sec 10. The first election of directors under this act First election 
shall be holden at such time and place in the town of Ga- Time & place 
lena as shall be directed by said commissioners, or a rn^- com'mhstoner* 
jority of them, who, or a majority thereof, are hereby ap- 
pointed inspectors of said first election, and the persons 
thus elected shall hold .their offices until the first Tuesday Term of office 
of May 1838, and until others are elected in their places. 

Sec 11. The directors for every subsequent 5-ear shall p"*^.*^^"®"' ** 

l6ction8 

be elected on the first Tuesday of May in each and every 
year, and at such time of the day, and at such place with- 
in the town of Galena, and under the direction of such 
persons as inspectors, as a majority of the directors for the 
time being shall appoint, by a resolution to be entered on 
their minutes. „ . 

Sec 12. All elections shall be ballot and the nnmber of ^g by ballot 
votes to which stockholders shall be entitled in voting for 
directors shall be in the proportion following, that is to 
say, for every five «hares under fifty, one vote, for every 
three shares over fifty, one vote. No person, copartner- No person or 
ship, or corporation to have more than fifty votes. In all corporation ta 
elections of directors the votes may be given in person or ^^^^'"°''®'^'*" 
by proxy, authenticated in such manner as the by-laws of ^^ 
said corporation shall or may prescribe. But no person, 
co-partnership, or corporation shall vote by proxy more Can vote in 
than fifty votes: and after the first election no person, co person or by 
partnership, or corporation shall be allowed to vote by ^^°*^ 
virtue of any share or shares in said stock unless the same 
shall have been standing in the name of such person, co- 
partnership, or corporation, in the books of the corpora- 
lion hereby created, for at least three months previous to 
such election. 

Sec 13. And the nine persons who shall so receive thcElectort 
greatest number of votes shall be tlirectors, and if, at any 
election, two or more persons shall have an equal number 



278 INCORPORATION LAWS. 

If election is ofvotes SO as to leave their election undccidcd, then the 
undecided how directors who shall have been duly elected shall proceed 
o ptocee j^ ballot, and by a plurality determine which of said per- 
sons so having an equal number of votes shall be director 
Or directors so as to complete the whole number. 

Sec. 15. And, whenever any election of directors shall 
Duty of inspec- have taken place, it shall be the duty of the commission- 
tors to notify erg or inspectors as the case may bei, immediately to noti- 
pe.sons e ec e ^^ ^^ cause to be notified, by certificate under their hands 
and seals, each and ever person so elected, of their said 
election, and if the stockholders shall, through unavoida- 
. J ble accident, omit to elect directors on the day herein pro- 
fuiat'other ' vided, then it shall be lawful to elect them on any subse- 
timcs quent day in the manner as above provided. 

Sec 15. The directors, when duly elected shall meet as 
soon as may be, after every election, and out of their own 
body choose a president and vice president, who shall 
I^iesident ancj hold said offices respectively, for one year, and until oth- 
'•" ?rf*h^-^"' ^^^ ^^^ elected in their places, and be sworn to the faith- 
officeslyear ful discharge of their duties. The vice president shall, in 
the absence of the president vote and act as president, at 
other times he shall vote and act as director: and whenev- 
In case of va- ^^ ^"^ vacancy shall occur by reason of death, resignation, 
cancy.how disqualification, refusal toact, or from any other cause, of 
filled the president, vice president, or any director or directors, 

such vacancy shall be filled for the remainder of the year 
in which it shall happen by the directors for the time be- 
ing, or a majority of them. 

Sec 16. The president, oi in his absence, the vice pre- 
sinent, and three directors shall be a board competent to 
do business, and all questions shall be decided by a major- 
ity of votesi And the said board shall hare power to ap- 
frower of board point a Secretary and other subordinate officers of saidcor- 
io appoint offi- poration, define their powers, prescribe their duties, and 
"" fix their salaries; and the said secretary, and other officers, 

feKali give bond shall give such bonds with such conditions and securities, 
and fiUch peilal sums as the said board may require, and 
shall hold their offices during the pleasure of said board: 
and generally, the said board may do all lawful acts what- 
ever, necessary or convenient, to fulfil and effectuate the 
ehds and purposes of this act. 

Sec 17. In all cases not herein fully provided for, the 
Duties and dutics and powers of all officers of the said company shall 
trby"iaw. be such as may be prescribed and defined by the by-lavrs 
and regulations thereof. 

Sec. 18. The said directors are also hereby empowet- 

ed and authorised to establish, collect, and receive, to the 

Tolls ^^^^ "s® °^ ^^^^ corporation such tolls upon all passengers, 

and every description of property, which may be convey- 



INCORPORATION LAWS. 279 

ed upon said road or roads, at such rates per mile as to 
them may or shall seem expedientand proper, and to man- 
age and regulate, and prescribe all matters relating to the Po^.,,., 
time and manner of such transportation, the construction of 
wheels, form, weight and size of all cars, carriages, or ve- 
hicles to be used on said road or roads, and all other things 
relating to said transportation, and establish such rules Uu]^, j^^j q^. 
and ordinances in relation thereto as they may deem pro- dinauces 
per. 

Sec. 19. The directors shall, semi-annually or other- Shall declare 
wise, declare and pay such dividends of so much of the *^'^''^*""^' 
profits of the corporation; and in case of any loss, the 
estate of each and every stockholder shall be liable 
for the amount actually subscribed for by him, he, or 
them, and remaining unpaid: Provided^ That if the said ^''°^'"° 
corporation shall not commence the survey of the route or 
routes, and the construction of the rail road or rail roads 
within three years from and after the passage of this act, 
then this act to be void and of no effect, otherwise to re- 
main in full force. 

Sec. 20. This act is hereby declared a public act, and hapubiic act 
shall take effect from and after its passage, and shall be 
liberally construed for every purpose herein contained j 
all printed copies of the same which shall be printed by 
or under the authority of the General Assembly shall be 
admitted by all courts and places, magistrates and public 
officers asgood evidence thereof without any further proof 
whatever: Provided^ Nothing herein contained shall be so p^g^.g^ 
construed as to authorise said company to make more 
than two rail roads. 

Approved 3d March, 1837. 



AN ACT to incoipoiate the Tamarawa and Mississippi Rail Road Company. ]„ f^^pg Mi.Tch 

3, 1837. 
Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That John Winstanly, 
A. W. Snyder, Gustav P. Kermcr, Henry Ottara and Isaac 
Tolin, and their associates, successors and assigns be and Created body 
they are hereby created a body corporate and politic, politic and cor- 
under the name of the "Tamarawa and Mississippi Rail P°f^"- 
Road Company," and by that name shall be and are 
hereby made capable in law to sue and be sued to final 
judgment and execution, plead and be impleaded, defend 
and be defended, in any court of record, or in any other 
place whatsoever; to make, have and use a common seal, Common seaL 



280 



INCOUPORATION LAWS. 



rail road. 



and the same to renew or alter at pleasure; and shall be 
and are hereby vested with all the privileges, powers, 
and immunities, which are or may be necessary to carry 
into effect the purpose or object of this act, as hereafter 
set forth, and said company are hereby authorized and 
To construct a empowered to locate, construct, and finally complete, a 
railroad leading from the Mississippi river, near Wilcox's 
ferry, to the town of Tamarawa, on the Kaskaskia river, 
in such manner and form as they shall deem to be most ex- 
pedient, and for this purpose the said company are au- 
thorised to lay out their said road not exceeding six rods 
wide, through the whole length, and for the purpose of 
cuttings, embankments, and procuring stone and gravel, 
may take as much more land as may be necessary for the 
proper construction and security of said road: Provided 
however^ That all damages that may be occasioned lo any 
person or corporation by the taking land or materials for 
the purposes aforesaid, shall be paid for by said corpor- 
ation, in the manner hereafter provided. 

Sec. '2. The capital stockof said company shall consist of 
two thousand shares of one hundred dollars each, which 
shall be deemed personal property, and transferrable as 
other personal property; and the immediate government 
and direction of the affairs of said company shall be vested 
in a board of not less than five directors, who shall be 
choosen by the members of the corporation in the manner 
hereinafter provided, and shall hold their offices until 
others be duly qualified to take their places as directors, 
a majority of whom shall form a quorum for the transac- 
tion of business; shall elect one of their own number to be 
president of the board, who shall also be president of the 
company; and shall have authority to choose a clerk, who 
shall be sworn to the faithful discharge of his duty, and a 
treasurer, who shall give bonds to the corporation, with 
securities, to the satisfaction of the directors, in a sum not 
less than ten thousand dollars for the faithful discharge of 
his trust. 

Sec. 3. The president and directors for the time being 
^y^/are hereby authorised and empowered, by themselves or 
their agents, to exercise all the powers herein granted to 
the company, for the purpose of locating, constructing 
and completing said rail road, and for the transportation 
of persons, goods and merchandize, and all such other 
powers and authority for the management of the affairs of 
the said company, not heretofore granted, as may be ne- 
cessary and proper, and to carry into effect the object of 
this grant; to purchase and hold land, materials, engines, 
cars, and other necessary things, in the name of the cor- 
porotion, for the use of said road, and for the transportt^- 



J'roviso . 



Amountofcap 
ital stock. 



Pirectois to 
transact busi 
ness of coi'por 
atioii. 



Treasurer to 
give bond. 



Directors 
exercise pow 
ere, &.C 



May hold laud 



iNCORPOllxVTiON LAWS. 281 

tion of persons, goods and mcrciiandizc; to make such 
equal assessments from time to time, on all the shares of 
said company, as thcv may deem expedient and neccssaiy 
in the execution and progress of the work, and direct the 
same to be paid to the treasurer of the company, and the 
treasurer shall give notice of all such asscssmehts; and in 
case any subscriber shall neglect to pay his assessments for 
the space of thirty days, after due notice by the treasurer^ 
of said company, the directors may order the treasurer to seiishareg. 
sell such share or shares at public auction, after giving due 
notice thereof, to the highest bidder, and the same shall be 
transferred to the purchaser, and such delinquent subscri- 
ber shall be held accountable to the company for the bal- 
lance, if his share or shares sell for less than the assessment 
due thereon, with interest and cost of sale, and shall be 
entitled to the overplus of his share or shares, if they shall 
sell for more than the assessment due thereon, with inter- 
est and costs of sale: Provided however, That no assessment ^''°^'^" 
shall be laid upon any share in caid company, of a greater 
amount than one hundred dollars on a share. 

Sec 4. The said company shall have power to make, 
ordain and establish all such by-laws, rules, regulations, ^'""P*"^ "*^y 
ordinances, as they shall deem expedient and necessary to ^^** ^' ***' 
accomplish the designs and purposes, and to carry into 
effect the provisions of tbis act, for the assignment and 
transfer of its stock, and for the well ordering, regulating, 
and securing of the interest and affairs of the company: . 
Provided, The same be not repugnant to the constitution 
and laws of this state or of the United States. 

Sec. 5. A toll shall be and is hereby granted and estab- 
lished for the sole benefit of said company, upon 'passen- 
gers and. property of all descriptions, which may be con- ^oUecteX^ * 
veyed or transported upon said rail road, at such rales 
per mile, as may be agreed upon and established from 
time to time by the directors of said company. The trans- 
portation of persons and property, the construction of 
wheels, the form of cars and carriages, the weight of 
loads and all 'other matters and things in relation to the 
use of said rail road, shall be in conformity to such rules, 
regulations and provisions, as the directors from time to 
time, shall prescribe and direct; and such rail road may be 
used by any person who shall comply with such rules and 
regulations: Provided however. That if at the expiration ofPi'o^'so. 
ten years from and after the completion of said road, the 
nett income or receipts for tolls and other profits, taking 
the ten years aforesaid as the basis of calculation, shall 
have amounted to more than ten per cent, per annum, 
upon the cost of said road, the legislature may take meas- 
ures to alter and reduce the rates of toll and other profits, 

3(> 



282 LNCUllPO RATION LAWS. 

in such a manner as to take off the overplus for the next 
ten years, calculating the amount of transportation upon 
the road to be the same as the ten preceding years, and at 
the expiration of every ten years thereafter, the same 
Pioviio, proceedings may be had: Provided further^ That the legis- 

lature shall not at any time so reduce the toll and other 
prolits, as to produce less than ten per cent, upon the cost 
of said rail road, without the consent of the corporation. 
May erect toll ^^^' ^' '^^^^ directors of Said company for the time be- 
hoiises, ing, are hereby authorised to erect toll houses, establish 

gates, appoint toll gatherers, and demand toll upon the 
road when completed, and upon such parts thereof tis 
shall from time to time be completed. 
Company to Sec. 7. The Said company shall be holden topay all dam- 
pay damages, ages that may arise, to any person or persons, corporation 
or corporations, by taking their land for said rail road, 
when it cannot be obtained by voluntary agreement, to be 
estimated and recovered in the manner provided by law 
for the recovery of damages happening by the laying out 
of high ways. 

Sec. 8. When the lands or other property Or estate of 
any feme covert, infant, or person non compos mentis," 
shall be taken for the use of the road as aforesaid, the hus- 
band of such feme covert, or guardian of such infant or 
-- person non compos mentis, may release all damages for 

Damages may ' ,, / ,, ' •' -.j r-i- 

be released ^^^J lands or estate, taken or appropriated as aloresaid, as 
they might do if the same were holden by them in their 
own right respectively. 

Sec. 9. If any person shall wilfully, maliciously or wan- 
tonly, and contrary to law, obstruct the passage of any 
carriage on said rail roid, or in any way spoil, injiire or 
destroy said rail road, or any part thereof, or any thing 
belonging thereto, or any materials or implements to 
be, employed in tha construction' or for the use of said 
road, he, she or they, or any person or persons assis- 
ting, aiding or abetting in such trespass, shall forfeit and 

Persons ob- pjjy jq gj^j^^ company for every such offence, treble such 

topayd^aimTgestlamages, as shall be proved before the justice court or 
jury, before which the trial shall be had, to be sued for and 
recovered before any justice, or any court proper to 
try the sanfie, by the treasurer of the company.^ or other 

Liable to in- officer whom they may direct, to the use of said company; 

dictmeiit. and such offender or offenders shall be liable to indictment, 
by the grand inquest for the county within which such 
trespass shall have been committed, for any offence or of- 
fences, contrary to the above provisions; and on conviction 
thereof before any court competent to try the same, shall 

Pay a fine. pay a tinc not exceeding one hundred dollars, nor less than 
thirty dollars, to the state, or may be imprisoned for a term 



IxVCORPORATION LAWS. 283 

not exceedingone year, at the discretion of tiic court, be- 
fore whom the conviction may be had. 

Sec. 10. The annual meeting of the members of said Meetingof 
corporation shall be holdcn on the first Monday of June, members asH^ 
at such time and place as the directors for the time being 'e^ctws may ap 
may appoint, at which meeting the directors shall be P"'" ' 
choosen by ballot, each proprietor being entitled to as 
many votes as beholds shares: Provided^ That no vote Proviso 
shall be given by any proprietor, by reason of any share 
held by him, exceeding one tenth part of the whole num- 
bcrof shares; and the person first named or any two of 
the persons named herein, arc hereby authorised to call 
the first meeting of said corporation, by giving notice in 
the Saint Clair Gazette of the time and place, and pur- 
pose of such meeting, at least fifteen days before the time 
mentioned in such notice. 

Sec. 11. If the said rail road, in the course thereof, 
cross any river, canal, turnpike, or highway, the said 
corporation shall so construct said rail road as not to ob- 
struct the safe and convenient use of such river, canal, or 
turnpike or highway. 

Sec. 12. If said company shall not have been organized, 
and the location of the route filed with the county com- 
missioners of the county or counties in which the land 
proposed to be taken for the use of said rail road is situate. Time to oigan- 
previous to the first day of September, in the year ofize,&c. 
our Lord eighteen hundred and forty, and if said corpora- 
tion shall fail to complete said rail road, on or before the Time to com- 
first day of January, eighteen hundred and fifty, in either piete. 
of the above named cases, this act shall be null and void. 

Sec. 13. The said rail road company shall constantly 
maintain in good repair all bridges, with their abutments 0"^^°* '"''•. 
and embankments, which they may construct for the pur- ''''i'"" ^^p"^"* 
pose of conducting their rail road over any canal, river, 
turnpike or other highway. 

Sec. 14. It shall be in the power of the state, at any 
time durino; the continuance of this charter, after the ^x- ^''^'^ '"^'I^P'"' 

, ^ , cn3.SC ro3icl , 

pirationof thirty years from the opening for use of the 
rail road through, provided it be made, to purchase of said 
company the said rail road, and all the franchises, rights 
and privileges of the said company, by paying them there- 
for the amount expended in making said rail road, with 
tvvelvepcr cent, interest thereon, and after such purchase, 
the limitation provided in the fifth section of this act shall 
cease and be of no effect. And it shall be the duty of company to 
said company, from year to year, to make report to the make repoif. 
legislature of their acts and doings, receipts and expendi- 
tures, under the provisions of this act. 

Sec. 15. The shares of the capital- stock of th.e Monroe 



284 INCORPORATION LAWw. 

Shares ot com- mining, manufacturing, and exporting company, shall be 
Eed pe^rson- ^^'^^^ ^"^ deemed personal property, and transferrable in 
al property, such manner as shall be established by the by-laws of said 
company. 

Approved 3d March, 1837. 



Ill force Mdich AN ACT to incorporate the Lacon Manufacturing Company. 

4,' 1837. 

Sec. 1. Be it enacted by the people of the State of Illinois 
represented in the General Jlsscmbly^ That all such persons 
as shall become subscribers to the stock hereinafter de- 
scribed, shall be, and they are hereby constituted and de- 
Created a body clarcd a body politic and corporate, by the name and style 
politic and cor- of thc "Lacon Manufacturing Company," from and after 
porate. ^^^ passage of this act, and by that name they and their 

successors shall have succession, and shall in law be capa- 
ble of suing and being sued, pleading and being implead- 
Tohaveacon.-ed, in all courts and places whatsoever; may have a com- 
mon seal mon seal, alter and change the same at pleasure. And 
they and their succcssp.rs may also, by that name and 
style, be capable in law, of contracting and being contract- 
ed with, and of purchasing, holding, conveying,! any real 
and personal estate, for the purposes and use of said cor- 
poration, as hereinafter limited. 
Powers of pre- Sec. 2. The president and directors of said company, 
sidentanddi- hereinafter provided for, shall have power, and are here- 
rectors |^^ authorized to carry on the manufacturing of flour, wool, 
hemp, beet sugar, and other useful branches of business; 
to erect mill works, machines, and such other buildings as 
may be necessary to carry on their business; to export 
their manufactures and products; to purchase in (he name 
of the corporation land sufficient for the purposes and ob- 
ject of the company; and to enter into all contracts which 
may concern the use and management of said property, or 
may be necessary and proper to carry into effect the ob- 
ject of this act, and exercising all the power herein grant- 
ed to the company. 
Capital stock Sec. 3. The capital stock of said company shall consist 
of one hundred and fifty thousand dollars, divided into 
shares of one hundred dollars each. 

Sec. 4. That for the purpose of carrying into effect the 
Commissioners objectof this act, Jcsse C. Smith, Ira J. Fenn and Joseph 
to obtain sub- jj, Johnson,are hereby appointed commissioners to obtain 
2J**jj^'lJ°"'*" subscriptions to the capital stock; and said commissioners. 



INCORPORATION LAV/S. 5^85 

or a majority of them, after giving general notice tiiereof Toglvo noiic« 
in some paper printed in tliis Slate, may open books for 
the subscription of said stock, at such time and places as 
they may direct, and keep the same open till at least one 
thousand shares of said capital stock is subscribed; if the 
requisite number of shares shall not be subscribed within 
thirty days after the books are opened, said commissioners, 
or a niajority of them, shall take such measures for com- 
pleting such subscriptions, as they may deem expedient 
and proper. Every subscriber shall at the time of subscrib-'^'ubscvibevs to 
ing, pay to said commissioners the sum of one dollar for ^^J^.^"'"^^*^** 
each share subscribedo When such subscription is com- 
pleted, or within sixty days thereof, said commissioners, 
or a majority of them, shall call a meeting of the stock- 
helders at Lacon, by a printed notice in some newspaper 
of general circulation within this State. 

Sec. 5. That at said meeting the stockholders of said Eiec inn to be 
company shall immediately proceed to elect five directors, ^^''^'^'^^ ciuect- 
who shall manage, direct and govern, the affairs of said 
company, one year from the period of said election, and Term ofoffico 
until their successor', who shall be vested with the same 
authority, are elected. 

Sec. (5. And that at said election, each stockholder shall 
be entitled to give one vote for each share of stock he may 
hold, and a majority of all the votes given shall be requir- 
ed to make an election. 

Sec. 7. That the period of election shall be annually ^*^!'e" election 
the first Monday in the month in which the first election ^"^ ^ ®' 
was held, and at such time and place as the president and 
directors may appoint. 

Sec. 8. That immediately after the directors are chosen 

as above, they shall hold a meetinfr, at which, and all sub-*^'^°'"'" °f^*" 
' ,•: • -J 1 n L-x L lectois to elect 

sequent meetings, a majority shall constitute a quorum; oflj(,ei.g 

that they shall proceed to tlie election of a president from 

oneof their number; a secretary, who shall be sworn by ^'^/^^'^ '° '^''* 

a justice of the peace to the faithful discharge of his duty, 

and who shall record all votcsofthe corporation in a book, 

to be bv him kept for that purpose; a treasurer, who shall T'e^^"*"^'' '° 

,•', \ ,^i. 1 ,1 .J give bond 

give bond to such amount, and in such manner, as the said " 
president and directors shalUlirect; and such otherofficers 
and agents as to them may seem necessary. 

Sec 9. That said president and directors shall have To make by- 
power from time to time, to make all such by-laws, rules 
and regulations, not inconsistent with the constitution and 
laws of this State, which may be necessary for the pay- 
ment or collection of subscriptions to its stock; the trans- 
fer and assignment of the same; the conveyance of prop- 
erty, or that in any other way may concern the manage- 



58(5 INCORPORATION LAWS. 

ment and direction of the affairs and interest of said com- 
pany. 

Sec. 10. This act shall continue in force for the term 
Proviso. ^^ thirty-five years from the passage thereof; Provided^ 

however, That during that time, upon any departure from 
or violation of the provisions of this act, the Legislature 
may alter, amend or repeal, the same, as they may deem 
the public good shall require. 

Approved 4th March, 1837^ 



In force March AN ACT to incorporate the Jacksonville Hotel Company, 

i, 1837. 

Sec. 1 . Be it enacted by the people of the State of Illinois^ 
represented in the General Assembly, That John P. Willi en- 
son, Matthew Stacy, James Dunlap, James Tilton, Ira 
Davenport, T. T. January, D. B. Ayers, John Hurst, Por- 
ter Clay, Philip Coffman, and their successors and associ- 

Body politic & ates, be, and they are hereby constituted a body politic 

corporate ere- and corporate, under the name of the "Jacksonville Hotel 

*'* Company;" said Hotel to be located in the town of Jack- 

sonville, in Morgan county, and by the name aforesaid 

Powera shall have power to contract and be contracted with, sue 

and be sued, plead and be impleaded, in all courts in this 
State; and shall be vested with all powers and privileges 
necessary to the object of their incorporation, as are hereia 
defined and provided. 

Amount of Sec. 2. The capital stock of said corporation shall be 

capital stock Jen thousand dollars, with liberty to increase the sum to 
forty thousand dollars, which capital stock shall be divided 

Shares into share? of fifty dollars each. 

Commissioners' Sec. 3. The individuals aforesaid shall be commissioners 
to open books for the subscription of the capital of said 
company, at Jacksonville, and at such times as to them, 
may seem proper; and said corporation, shall be entitled 

Bights &, pri- to all the rights and privileges, and be subject to all the 

yiieges penalties and forfeitures, granted to the Alton Hotel Com- 

pany by an act entitled "An act to incorporate the Alton 
Hotel Company," approved February 12th, 1835; /'rot^ic?- 
erf, however, That said corporation shall not deal in bills of 
exchange, and shall exist for thirty years. 

Act repealed Sec. 4. The proviso to the 7th section of an act entitled 
"An act to incorporate the Jacksonville Female Acade- 
my,*' approved 27th January, 1635) be, and the same is 
hereby repealed. 



iNCORPORATION LAWS. 2b7 

Sec. 5. That the Alton Hotel Company be, and they are Alton Hotel 
hcveby authorized, at any time within three months from ^"""'^^"y ""^y 
the passage of this act, to open books of subscription in ^' " 
pursuance of the regulations contained in the act en- 
titled "An act to incorporate the Alton Hotel Company," 
approved February 12th, 1835. 

Approved 4th March, 1837. 



AN ACT to Jucoiporate the Qulncy Academy. J„ force Mauxh 

4, 1837 
Sec. 1. Be it enacted by llie People of the Stale of Illinois^ 
7'rprcsentcd in the General Assembly^ That the persons here- 
after to be elected in pursuance of the provisions of this 
act, and their successors, be and they are hereby created Corporation 
ia body politic and corporate, to be styled the "Trustees of '^'*f'*'^ * ^°^y 
Quincy Academy," and in that name to remain in perpet- ^° ' "^ 
ual succession, with power to sue and be sued, to plead 
and be impleaded, to acquire, hold, and convey property, c^n hold real 
real and personal, to have and use a common seal, to estate and us* 
alter and change the same at pleasure: to make and alter **^°'"'"°°*®** 
from time to time such by-laws as they may deem neces- 
sary for the good government and regulation of said in- 
stitution, its officers, agents, students, and property :Prozji- Proviso 
ded Such by-laws be not inconsistent with the constitution 
and laws of the United States and of this state. 

Sec !2. That Henry H. Snow, Joseph T. Holmes, and 
Willard Keyes, be and they are hereby appointed commis- Commissioner*" 
sioners to solicit and receive subscriptions of slock to said to receive suij- 
institution. Said stock shall be subscribed in shares of JJ^JP'''°"* °^ 
fifty dollars each, to be paid by instalments of ten dollars 
on each share. The first instalment to be paid at the time 
t>f subscribing, or before the first election for trustees; and 
the commissioner to whom the money is paid shall give a i^.^^^ receiot 
receipt for the same, and pay the same over to the trea-and pay over 
surer, when elected and qualified. And when one hun->"0"ey'o *"*- 
dred shares of stock are subscribed, said commissioners, ^""^^^ 
or a majority of them, shall give public notice in such To give notice 
manner as they shall deem most expedient, of the timeand ^f'''"*^.^ ?'*<=« 
place of holding an election of trustees for said institution, °j.y*5j^ggg°"° 
and shall act as a board to conduct said election. 

Sec. 3. The trustees shall consist of six stockholders 
together with the "preceptor," or "principal" of saidinsti- ^n"'il"oV° 
tution, who, for the time being, shall be ex-ojficio, a mem- stockhoiers 
ber of the board of trustees. At the first election three Termofseivici' 
trustees shall be elected to serve two years, and the othef 



398 INCORPORATION LAWS. 

three to serve one year; and every year thereafter there 
shall be an eleclion of three trustees, to continue in oflice 
rp. f. , two years, or until their successors are duly elected and 
ofhoidingeiec-qualihed. Tlic time aiul placo ot holding elections shall 
t'oi's be fixed by Ihc by-laws of the corporation; and every 

stockholder shall be entitled to one vote for each and eve- 
ry siiare he or she may hold in the same. 
Ebctioiis lo be ^i^(^' 4. All clcctions for trustecs shall be by ballot with 
by ballot thc name of the voter, and the number of shares he or she 

may hold in said institution, written or printed in the bal- 
lot. Votes may be given by proxy when not convenient 
fortlicstockliolders to attend personally, by sealing up the 
ballot and endorsing his or her name on the outside there- 
of. iVcvious to each election it shall be thc duty of the 
pohft^hvce ^^' trustecs to appoint three stockholders to act as inspectors 
stockiioMcrs of elcctioii and notify them of their appointment. Thc 
secretary of the board of trustees shall give public notice of 
Secretary to tho time and placc of holdinor cach election, at least ten 
time and place days prcvious 10 the dayofelection. lie shall kecpa record 
ofelenion of the namcs of the volers, when they give in their votes, 
and record the number of votes given to each individual 
voted for, and shall notify the persons having the highest 
number of votes of their election, according to the num- 
ber required to be elected. Should there be a tie, that is, 
more persons than arc required to be elected should have 
the highest and equal number of votes, the trustees, at their 
next meeting, shall decide who is elected among those hav- 
ing an equal number of votes. 

Sr.c. 5. Thc trustees &hall, at their first meeting after 

an onnual election, proceed to elect from their own body 

Trustees to .^ president and secretary; they shall also elect a treasur- 

dent and secie- ^T, who must be a Stockholder; and these officers shall sev- 

♦aiy crally perform thc duties that usually devolve upon such 

officers in similar institutions, or that may be assigned 

them by the by-laws of the corporation. 

Sec. G. The treasurer, before entering upon the duties 

Treasurer to of his office slicall cxccutc a bond with approved security to 

givebnndof the "trustees of Q,uincy Academy," in such penal sum as 

they may require, conditioned for the faithful performance 

of the duties of his office as treasurer for said corporation 

And process against the corporation shall be by sum 

P . .^^ mons, and thc service of the same shall be by leaving an. 

ceTs'^gailiir J^ttestcd copy thereof with the treasurer or at his usual 

corporation place of abode, at least thirty days before thc return 

thereof. 

Sec. 7. A majority of the trustecs shall constitute a 
Trustees to se- quorum to do business; and so soon as they are organised 

lect a fcituation / i.u t i.- r.i ■ r» >^ . i.S 

fortheacade- ">' *"c election of their proper officers, they shall be em- 
my powered to select and obtain by purchase or otherwise, a 



INCORPORATION LAWj3 ^^6 

fcuitablc situation for the location of said acacJcm)- in or near 
tlictown ofQuincy,Adamscounty, Illinois: loprocurcsuit- 
able buildings erected thereon, for the use and benefit of (-„„ appcint 
said institution; to employ and appoint a principal, (ix his oiikcrsand a- 
salary, and the rate of tuition from time to time; appoint efi"'» 
all other officers, instructors, or agents that may be neces- 
sary for the prosperity of the institution, and the state of 
funds may justify ; to displace any or cither of them when 

they deem the cause of education or interests of the insti- 

. ■/• • -J i cii • • ji • ^ I J i'i Cttii fill vacaii- 

tution require it; to rill vacancies in their owrt body until ^.j^^ 

the next meeting of stockholders, (when the vacancies 
shall be filled by election of the stockholders;) make by- Can mabo by- 
laws and prescribe and regulate the course of studies to be 
pursued in this institution. 

Sec. 8. There shall be annual meetings of stockholders, M^ciing of 
and stated quarterly meetings of the board of trustees; the •'"<^''^'°'«^«" 
times and places of holding each shall be fixed by the 
by-laws. Special meetings of the stockholders may be 
called at any time by the boaid of trustees; and special 
meetings of the trustees may be called at any time by the ingrcaiied"' 
president ot by the secretary, on request of two members secretary and 
of the board. The secretary and treasurer shall make an- treasurer to 
nual reports from their respective departments to be read make annual 
at the annual meeting of the stockholders. icpom 

Sec. 9. If any member of the board of trustees shall ab- 
sent himself from any stated meeting of the board, he shall 
be required to render his excuse at the next stated meet- 
ing he may attend; if the board consider his excuse good, 
it shall be accepted, if not good it shall be noted as not 
accepted; and for throe failures without good excuse, during Office of tms- 
the time for which he was elected, his seatshall be declar- tee may be va- 
ed vacated, and another chosen to fill it. ''^^^^ 

Sec. 10. This institution shall be devoted solely to ^"?'^'? i'" .^! 

xi /> 1 ,• 1 1- "^ derived byth^ 

promote the cause ot education and morality ; to encourage institution 
our youth to culttivate their mental faculties, and devel- 
ope the inherent qualities of the mind, and train them to 
become useful members of society. No preference shall ^.° pi'^f^^np" 
be given to pupils sent by stockholders or contributors to^'^*" ° P"P" 
the funds of this institution, unless it becomes crowded so 
as necessarily to exclude some, when stockholders may 
have the preference in such way as the trustees shall deem 
just and right; but in all cases they shall pay the same tui- 
tion fees, and enjoy the same and no greater privileges than 
in common with others: Ptoviderl, nevertheless, Thai in case^*°''''^ 
any donation or bequest shall be made for particular pur- 
poses accordant with tlic design of this institution, and the 
corporation shall accept the same, every donation or be- 
quest shall be applied in conformity with the express con- 
ditions of the donor or devisor. It shall be the duty of 

37 



i390 INCORPORATION LAWS. 

tilt- trusteess to suspend or expel from the inslitutiou all 

persons whose habits arc idle or vicious, or whose moral 

clinructer is bad. 

Amount of Sf.c. 1 1. The lands within the bounds of this state held 

laiidiiei<iby3oi-in pcrpetuitj by this corporation shall not exceed six hiui- 

poratio.i drcd and forty acres at onetime: Y'roi-ided, Jwzvcver^ Th^ii 

if donations, grants or devises in land shall from time to 

time be made to said institution over and above the amount 

that may be held in perpetuity, the same may be received 

and held in trust by the board of trustees, but shall be sold 

vv'ithin five years from the date of such donation, and the 

funds arising from such sale applied to the benefit of said 

institution. 

Sec. r.). The stock in this institution shall be owned 
Stock ipgiiiated f^^d may be transferred in the same manner as stock in 
by by-laws (Stc. olhcr incor])orated companies; to be regulated by the by- 
laws, and registered in a book kept for the purpose: and any 
stockholder failing to pay any balance or assessment due 
on any share or shares, alter thirty days notice of its being 
due, shall forfeit such share or shares, and the money paid 
I'loiiso thereon, to t!ie benefit of the institution: Provided, not ex- 

ceeding ten dolars on a share of the original subscription 
shall be calK-^d for at one time. 

Kec. 13. Should tlie amount of tuition received in any 
one year fall sl;ort of paying the salaries ofthe teachers and 
the contingent expenses of the institution, the trustees 
Tiustoes may shall havc povver to lay an equal assessment upon each 
lay an assess- share of s;ock suflicicnt to raise on all the shares sub- 
mcntoii Slock sc-iijcd jT, sum cqual to such deficiency; and if such as- 
sessment thall remain unpaid on any share or shares after 
thirty days public notice liave been given requiring the 
same to be paid, it shall be lawful for the treasurer ofthe 
Can sell 'leiin- corporation to sell such delinquent share or shares to the 
etodt ^ ^^'^" iiighest bidder at public sale, on givingat least ten days 
Give notice ofpublic notice of the time and place of such sale; and the 
8ai« purchaser or purchasers at such sale shall receive a certi- 

ficate for all such shares, which shall vest in him or them 
the title to the same. And all moneys arising from such 
sales shall go exclusively to pay the aforesaid deficienies: 
Pjoviso Provided, No such assessment shall be levied in any one 

year for a greater amount than two dollars and fifty cents 
on each share. 

Sec. M. This act shall be a public act and shall be con- 
strued favorably and benignly in all courts and places for 
the purposes herein expressed and declared. 
Ai't'UovEi), 1th March, 1837. 



INCOilPORATIOiN LAWS. :SJ9i 

AN ACT to amend an act entitled "An act to incorporate the Galena and ^n ^°'^'^^*''*'''' 
Chicago Union llail-ioaa Company," approved IGth January, 1836. '*^^'> ^°^' 

Sec. 1. Be it enacted by the people of the State of Illinois^ 
represented in the General Assembly, That the capital stock Capital stock 
of the Galena and Chicago Union Rail-road Company «° ^'^ i"creaied 
be and the same is hereby authorized to be increased to 
a sum not exceeding one million of dollars in addition to 
its present capital, with the assent of the stockholders 
of the said company, to enable them to complete the 
construction of the roads authorized by the charter of 
said company. 

Sec 2. The said additional capital stock shall be 

taken under and accordinjj; to the provisions of the third a,. . 

r i.L • • 1 r c • J.- J .1 i- Time for com- 

section ot the ongmul act of mcorporation, and the time pietion of road 
for the final completion of said road is extended five 
years; and the said company, having applied to the Uni- 
ted States for a right of way over the public lands, may 
receive, take, and hold all such lands as may be ceded Company may 
or granted to said company by the United States, or iioidiandsgtaa- 
by individuals, for the purpose of enabling them to con- '^'^ *° '^*'" 
struct said rojtd, or to erect thereon depots, toll-houses, lyj g^.^^.^ j^jj 
and for such other purposes and uses as may be deemed ne- houses, &,c 
cessary and u?eful to said company; and they may dis- 
pose of any fractional or surplus portion thereof, if any 
there should be, whenever it shall appear that so much 
thereof is not absolutely necessary to be retained, where- 
on to construct said road, and erect such depots, toll- 
houses, and other appendages, to raise additional means 
wherewith to enable said company to construct said road 
in the best possible manner. 

Sec 3. Should it appear impracticable for the said com- 
pany to construct the said road the whole of the distance 
contemplated by said act, or that it would be more ad- 
vantageous to the company or the public interest, that 
the said Rail-road should be connected with the State 
Central Rail-road, then the said company are authorized ^°""P^"y ">*y 
to terminate the said road at such point as shall be 5?^"^;"'^^';;. 
deemed most practicable; and may intersect and con- road 
struct the said road with the said Central Rail-road in its 
course to Galena: Provided, Nothing contained in the p^.^^,. ^ 
provisions of this act shall authorize the said company 
to have, purchase, receive or hold any land upon any 
line of any Rail-road authorized to be constructed by 
the State, nor to construct any Rail-road upon or near 
the same line or any road authorized to be constructed 
by the state. 

i^ppK0VED,4th March, 1837. 



29a INCORPORATION LAWS. 

in force March AN ACT lo amend "An act to Incorporate the Wabash Rail-road 
4th, 1837 Company." 

Sf.c. 1. Be il enacted by tlie people of the State of Illinois, 
represented in the General Assembly, That the towns of 
Upper Alton, in Madison county, and Charleston, in 
Coles county, be and the same are hereby declared points 
through which the road, mentioned in first section of the 
act to which this is an amendment, shall be made to 
pass. 

Approved 4th March, 1 837. 



In force March AN ACT to amend an act incorporating the Illinois Exporting Company. 
4, ia37 , 

Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That the Illinois Ex- 
porting Company may increase the quantity of real es- 
Company may t^te, authorized to be held by said company in the first 
'uamT and scction of their charter, not exceeding one quarter sec- 
hold estate tion; and may hold, also, such lands, tenements, and heri- 
ditaments as shall have been bona fide mortgaged to it by 
way of security, or conveyed to it in satisfaction of debts 
previously contracted in the course of its business, or 
purchased upon judgments, which shall have been ob- 
tained for such debts, for a term not exceeding three 
years from the time of acquiring such title. 

Sec. 2. This act to be in force from and after its 
passage. 

Appbovkti 4th March, 1837. 



T f vf . t, AN ACT to incorporate the Chester, Nashville and Pinckncyville Rail 
J .007 Koad Company. 

Sec. 1 . Be it enacted by the People of the State oj Illinois, 
represented in the\General Assembly, That Joseph B. Holmes, 
GabrielJones and John W. Dade, of the county of Ran- 
dolph; Joseph Dennis, Henry Varm and Charles Mc- 
Cord, of the county of Washington; Humphrey B. Jones 
and Levy Green, of the county of Perry, their associates. 
Constituted a successors and assigns, are hereby created a body corpo- 

body corporat. ^^ ^ politic, under the name and style of the "Ches- 
and politic r ' J 



INCORPORATION LAWS. 293 

tcr, Nashville and Pinckneyville Rail Road Company," Name & style 
and by that name may be, and hereby are, made capable Powers of cor- 
in law and equity, to sue and be sued to final judgment P°'^''°" 
and execution, plead and be impleaded, defend and be 
defended, in any court or courts of record, or in any other 
place whatever; to make, have and use, a common seal, 
and the same to break, renew and alter, at pleasure; and 
shall be, and are hereby vested with all the powers, privi- 
leges, and immunities, which are, or may be necessary to 
carry into effect the purpose and objects of this act, as 
hereinafter set forth. And the said company are hereby 
authorized and empowered to locate, construct, and final- 
ly complete, a rail road, commencing at the town of Ches- 
ter, in the county of Randolph, thence to Columbus in said 
county, thence to Nashville in Washington county, in 
such manner and form as said company shall deem most 
expedient; and for this purpose said company are author- 
ized to lay out their said road, at least six rods Wide; and Width of roacj 
for the purpose of cutting embankments, stone and gravel, 
may take as much more land as may be necessary for the 
proper construction and security of said rail road; Provid- Provisc^. 
erf, That all damages that may be occasioned to any per- 
son or corporation, by the taking of such land or materi- 
als, for the purposes aforesaid, shall be paid for in the man- 
ner hereinafter provided. 

Sec. 2. The capital stock of said company shall be three Capital stock, 
hundred thousand dollars, with liberty to increase the^gased' 
same, from time to time, by newsubscriptions,and in such 
manner and form as they shall think proper, if such in- 
crease shall be found necessary to fulfil the intent of this 
act; which said capital stock shall be divided into shares Shares 
of fifty dollars each; and the immediate government and 
direction of the affairs of said company shall be vested in 
five directors, who shall be chosen by the members of the ^"■^'=*"" 
company in the manner hereinafter provided, who shall 
hold their offices for one year, and until others shall be duly 
elected and qualified to take their places as directors; and 
the said directors, a majority of whom shall form a quo- Quoium 
rum for the transaction of business, shall elect one of their 
number president of the board, who shall also be president^'"'''*"' 
of the company; and shall have authority to choose a clerk, ^'*''' 
who shall be sworn to the faithful discharge of his duty; 
and a treasurer, who shall give bond to the company, with Treasurer 
sureties to the satisfaction of the directors. 

Sec. 3. The president and directors, for the time being. Further powert 
are hereby authorized and empowered, by themselves, or ^[f'ecTort'"* * 
their agents, to exercise all the powers and authority here- 
in granted, for the purpose of locating, constructing and 
fpmpleting said rail road, and all such other powers and 



294 INCORPORATION LAWS. 

authority for the management of the affairs of said compa- 
ny, not heretofore granted, as may be necessary to carry 
To purchase &, into effect the object of this grant; to purchase and hold 
hold lands lands, materials, and other necessary things, in the name of 
the company, for the use of the road; to make such 
Assessments equal assessments from time to time, on all the shares of 
said campany, as they may deem expedient and necessary 
in the progress and exocution of the work, and direct the 
same to be paid to the treasurer of the company; and the 
treasurer shall give notice of all such assessments. The 
boardof directors shall have power to adopt rules and 
Te make'ruies by-laws, regulating the manner and time of payment 
»nd by-laws Qf q][ assessments they may order, under such penalties 

as they may deem proper. 
Company lia- Sec. 4. Said company shall be holden to pay all dama- 
ge for daraa- gcs that may arise to any person or persons, corporation 
^*' or corporations, by taking their lands, gravel or stone, for 

the use of said rail road, when the same cannot be obtain- 
ed by voluntary agreement, to be estimated and recover- 
ed in the manner provided by law for the recovery of 
damages happening by the laying out of highways. 
Lands or other Sec. 5. When thc lands, or other property or estate, of 
Estate of mar- any married women, infant, or person non compos mentis, 
feuftB*^ T^ici'iots ^^^^'^ ^^ nccessary for thc construction of said rail road, 
the husband of such married women, and the guardian of 
such infant, or person non compos mentis, may release all 
damages in relation to the land or estate to be taken, and 
appropriated as aforesaid, as fully as they might do if the 
same were holden in their right respectively. 
Persons injur-3 Sf-c. C. If any person shall wilfully, maliciously, or 
ingroad, how wantonly, and contrary to law,'obstruct the passage of .any 
*'''* car on said rail road, or any part thfeeof, or any thing 

belonging thereto, he, she, or they, or any person assist- 
ing, shall forfeit and pay to said company, for every such 
offence, treble such damages as shall be proved before any 
court competent to try the same, to be sued for in tlie 
name and in behalf of said company; and such offender or 
offenders shall be deemed guilty of misdemeanor, and lia- 
ble to indictment in the same manner as other indictments 
are found, in any county or counties where such offence 
shall have been committed; and upon conviction, suchof- 
Fin« fender or offenders shall be liable to a fine not exceeding 

five thousand dollars, for the use of the county where the 
Imprisonment indictment may be found, or may be imprisoned not ex- 
ceeding one year, at the discretion of the court before 
whom the conviction may be had. 
When rail road Sec. 7. If the said rail road, in the course thereof, shall 
crosses high- cross any river, canal, turnpike, or other highway, the 
^''*y' said rail road shall be so constructed as not co impede or 



iNCOUPORATION LAWS. 295 

obstruct the safe and convenient use of such river, canal, 
turnpike, or other highway; and said company, hereby 
created, may construct a lateral road from Pinckncyvillc To construct a 
in Perry county, through Georgetown in Randolph, to the lateral road 
nearest practicable point of said rail road; which lateral 
rail road may be 6iade and constructed in the same man- 
ner, and be subject to the same rules and regulations, 
when completed, that the main road is by this act. 

Sec. 8. The time ofholding the annual meetings of said Annual ,'meet- 
company, for the tlcction of directors, shall be fixed and'"^^ 
determined by the by-laws of said company; and at all 
meetings each stockholder shall be entitled to vote, in per- 
son, or by proxy duly authorized, one vote for each share Votes 
he or she may own. 

Sec. 9. That Seth Allen, Robert Jones, Robert G. Shan- ^""""f]"""' 
non, Darius Greenup, Levira Carter, Gilbert Nettleton g°,.i°'Ji"n^books 
and William Edwards, are hereby appointed commission- 
ers to open subscription books for the stock of said compa- 
ny; said commissioners, or a majority of them, are here- 
by authorized to open subscription books for said stock, at 
such places as they may deem proper, and shall give at 
least thirty days notice of the time and place where such Notice to be 
books shall be opened; and shall keep the same open for^'^^" 
five days, unless the whole number of shares of said com- 
pany shall be sooner subscribed; and they shall require 
each subscriber to pay one dollar on each share subscrib-^^ to be paid 
ed, at the time of subscribing; and at Ihc termination of°"*^ ^'° 
said term of five days, or sooner, if the whole amount of 
said shares shall be taken, said commissioners shall call a 
meeting of the stockholders, by giving ten days notice in 
some public newspaper printed in this State, of the time 
and place of such meeting. At such meeting it shall be Meeting 
lawful to elect the directors of said company; and when 
the directors of said company shall have been chosen, the 
said commissioners shall deliver said subscription books, 
together with all sums of money received by them, to 
said directors; Provided^ That no election shall be held ^^'^vistf 
until at least one hundred thousand dollars of said stock 
shall have been subscribed; and provided^ That each di- ^""h®''P''°^'"' 
rector, shall, at the time of his election, have at least ten 
shares of the capital stock of said company. 

Sec. lO. Said board of directors shall have power to J^" "^*''" ''>'' . 
make, ordain and establish, such by-laws, rules and regu- regulations 
lations,and ordinances, as they may deem expedient and 
necessary to accomplish the purposes, and carry into ef- 
fect the provisions of this act; and for the well ordering, 
regulating and securing, the interests and affairs of said 
company ; ProrjVA;rf, The same be not repugnant to the P'o^iw 
constitution and laws of this State, or of the United States,- 



296 



INCORPORATION LAWS. 



Ifroad not coiv 
tructed in ten 
years this act 
be void 



Sec. ll. That if the corporation hereby created shall 
not within ten years from the passage of this act construct 
and finish, and put in operation, the said rail road, and la- 
teral branch, or an}' part thereof, as shall be deemed expe- 
dient by said corporation, then the said corporation shall 
thenceforth and forever cease, and this act be null and 
void. 

Approved 4th March, 1837; 



In force 4th 
March, 1837 



Body politic. 



Nam*. 



Objects. 

Powerf. 

May sue. 



May hold 
property. 



ilave a com.« 
men seal. 
By-lawf. 



AN ACT to incorporate the Washington Academy. 

Skc. 1. Be it enacted by the people of the State of Illinois 
represented in the General Assembly^ That Charles S. Dor- 
sey, Daniel White, John Lindley, William H. Kilborn, 
William Holland, Romulus Barnes, R.ijT. Goodwin, T. D. 
Ilungerford, Thomas Vater, Abraham W. Vanmeter, 
Benjamin Mitchell, J. II. Yager, and their associates be, 
and they arc hereby created a body politic and corporate, 
to be styled and known by the name of the "Trustees of 
the Washington Academy," and by that style and name 
to remain and have perpetual succession. The said 
academy shall be and remain at or near the tOwn of 
Washington, in the county of Tazewell, and state of Illi- 
nois. The number of trustees shall not exceed twelve, 
one of whom shall be president of the board, to be chosen 
b} the trustees. For the present, the above named per- 
son? shall constitute the board of trustees, who shall fdl the 
remaining vacancies at their pleasure. 

Sec 2. The objects of said corporation shall be the 
diffusion of knowledge and the promotion of the general 
interests of education. 

Sec 3. The corporate powers hereby bestowed shall 
be such only as are essential or useful in the attainment 
of said object, and such as are usually bestowed on similar 
bodies corporate, to wit: To have perpetual succession, to 
make contracts, to sue and be sued, to plead and be im-r 
pleaded, to grant and receive by its corporate name, and 
to do all other acts as natural persons may; to accept, ac- 
quire, purchase or sell property, real, personal or mixed,' 
in all lawful ways; to use, employ, manage and dispose of,- 
all such property, and all money belonging to said corpor- 
ation, in such manner as shall seem to the trustees best 
adapted to promote the objects aforesaid; to have a com- 
mon seal, and to alter and change the same; to make such 
by-laws for its regulations as are not inconsistent with the 



INCORPORATION LAWS. 297 

constitution and laws of the United States and of this 
state, and to confer on such persons as may be thought 
worthy, such academical or honorary degrees, as arc usu- 
ally conferred in similar institutions. 

Sec. 4. The trustees of said corporation shall have pow- Powers of trm- 
erand authority from time to time, to prescribe and rcgU-""* 
late the course of studies to be pursued in said academy; 
to fix the rate of tuition and other academical expenses; to 
appoint instructors, and such other officers and agents, as 
may be necessary in managing the concerns of the institu- 
tion; to fix their compensation; to displace or remove 
them; to erect necessary buildings; to purchase booksj 
chemical and philosophical apparatus, and other suitable 
means of instruction; to make rules for the general gov- 
ernment of the institution, and for the regulation of the 
conduct of the students. 

Sec. 5. The trustees for the time being, in order to have 
perpetual succession, shall have power to till any vacancy Shall fin vacan- 
which may occur in the board from death, removal, resig- cy. 
nation, or any other cause. A majority of the trustees 
for the time being shall be a quorum to do business. 

Sec. 6. It shall be the duty of the trustees to appoint 
one of their number treasurer of the board, who shall Treasurer, 
be required to give bond with sufficient security, in 
such pciial sums as the board may require and prescribe, 
conditioned for the performance of such duties as the by- 
laws ma^ require of him. 

Sec. 7. Said institution siiall be open to all denomina- Open to all. 
tions of christians, and the profession of any particular re- 
ligious faith shall not be required of those who become 
students. All persons, however, may be suspended or 
expelled from said institution by the trustees thereof 
whose habits arc idle or vicious, or whose moral character 
is bad. 

, Sec. 8. The land, tenements, and hereditaments, to be shaii not ax- 
held in perpetuity by virtue of this act, by said corpora- ceed 640 acrea. 
tion, siiall not exceed six hundred and forty acres: Provi- ^'^°''^^ • 
d:d however, That if any donation, grants, or devises in 
land, shall from time to time be made to said corporation, 
over and above the six hundred and forty acres, which 
may be held in perpetuity as aforesaid, the same may be 
received by said corporation for the period of five years 
from the date of any such donation, grant, or devises, at 
the end of which time, if the said land shall nothave beer^ 
sold by the said corporation, then and in that case the 
said lands so donated, granted or devised, shall revert to 
the donor, grantor, or heirs of the devisor of the same. 
Approved March 4, 1837. 

38 



IJSCORPOUATION LAW'b'. 



To have «uc- 
eesMon. 



To promote 
education. 
May sue and 
be sued. 



Ill force Matcli AN ACT to incoipoiato the Ilill&boro' Academy. 

4,1837. 

Sec. 1. Be il enacted by the People of the State of Illinois, 
/epresentcd in the General Assembly ^^ That John Tillson, jr. 
Israel Seward, Lloyd IMorton, John S. Hayvvard, Charles 
Body coipor- Holnnes, jr. Iliram lloundtrcc, William S. Kusscll, Mat- 
ate and politic. t|j^^ S. Cushman, Francis II. Hariford, Thomas A. Spill- 
man, Daniel Schour, George Burnap, Edwin A. Casey, 
Thomas Slurdevant, and William Witherspoon, be and 
they are hereby created a body politic and corporate, to 
be styled and known by the name of the "Trustees of the 
Hillsboro' Academy," and by that style and name to have 
perpetual succession. The saiJ academy shall be and re- 
main at or near Hillsboro' in the county of Montgomery, 
and state of Illinois. 

Sec. 2. The corporate powers hereby granted shall 
be such as are usually considered requisite and useful in 
promoting the general interest of education, to wit: To 
have perpetual succession; to make contracts; to sue and 
be sued, plead and be impleaded; to accept, acquire, pur- 
May hold prop- chase or sell property, real, personal or mixed, in all law- 
^'y* . ^ ful ways; to use, employ, manage and dispose of all such 
useacommon property, and all money belonging to said corporation, in 
•eal. such manner a5 may be directed by the trustees; to havfe 

Ma^r alter ^^^^ ^^^ ^ comnion seal, and to alter the same at pleasure; 
ToniaWeb,''- to make, alter and amend such by-laws for the govern- 
laws. ment and regulation of said corporation as are not 

inconsistent with the constitution and laws of this state, 
Confer deyees. find to confer such academical orhonorary degrees as are 
nsually conferred by similar institutions. 

Sec. 3. The trustees of said corporation shall choose 
Vote by bsllot. ^I'om among themselves by ballot or otherwise, a president 
and treasurer; and said treasurer shall also be, ex officio, 
secretary of said carporation, and itiay be required to give 
bond in such penally and upon such conditions as sard 
trustees may direct. Said trustees shall fill any vacancy 
that may occur in the board by reason of death, removal, 
resignation or otherwise, and a majority of said trustees 
for the time being, shall constitute a quorum forthe trans- 
action of business, but the number of trustees shall not be 
increased. 

Sec. 4. The trustees oi said corporation shall have rca- 

Shallhave au- ^j^qj.jj^, ^^ prescribe and regulate the studies to be pursued 

lale"Ji studies, in Said academy; to determine the rate of tuition and other 

academical expenses; to appoint instructors and such 

other officers, agents and assistants, as may be necessary 

to manage the concerns of the institution; to define their 

duties; to fix their compensation, and to displace or re- 

Etact buildings move them; to erect suitable buildings; to purchase books, 



To give bond. 



Number of 
trustees not to 
be increased. 



INCORPORATION LAWS. 299 

chemical and philosophical apparatus; to make rules Procure appa- 
for the general management of the affairs of the in-"*"^. 
stitution and for regulating the conduct of the students, ., , . 

7 r ° .•<.• rxj^un 1- ^o restriction 

but no preference or restriction of students shall ever be q,, occount of 
made on account of religious opinions. opinion. 

Sec. 5. The stock of said corporation shall be deemed ^^°^^ f""J*^ 
personal property, and shall be assignable and transfcrra- g^./^" ^^^°^' 
ble in the manner prescribed by the trustees, but shall be 
held in perpetuity for the purpose of a seminary of learn- 
ing, and for none other: Provided however^ That the said 
trustees shall in no instance hold in trust as aforesaid, a ^^^ hold more 
quantity of land exceeding twenty five acres, except the land than 25 
same be acquired by bequest or donation to said corpora- ^^'^«- 
tion, in which case the trustees shall make sale thereof 
within the term of five years, and apply the proceeds to 
the object contemplated by the donor or testator, nor shall 
the capital stock of said corporation ever exceed (he sum ^^P''*^ "ock 

- - / ^, J 1 II shall nolex- 

pf forty thousand dollars. ceed $40,000. 

Approved 4th March, 1837. 



AN ACT to incorporate tlie- Edinburgh Manufacturing Companj'. In force 4th 

.Varch, 1837. 

Sec. I. Be it enacted by the Peopleofthe Stale of Illinois.) rep- 
resented in the General Assembly^ That Benjamin Godfrey, 
Jesse B. Thomas Jr., Benjamui F. Edwards, VVinthrop 
S. Gillman, John Taylor, David Prickett, Caleb Wall, 
Stephen T. Logan, Caleb Stone, Stacy B. Opedyche and 
Ninian W. Edwards, their associates and successors, be, ^'f^'^'' ^o'^y^ 
and they are hereby constituted a body corporate and poll- ^°j.'Jg ^" 
tic, by the name of the "Edinburgh Manufacturing Com- 
pany," and by that name shall have power to contract 
and be contracted with, sue and be sued, implead and be 
impleaded, answer and be answered unto, defend and be 
defended, in all courts of law and equity in this State; 
and may have a common seal, which they may alter or re- To have a cpia 
voke at pleasure; and may purchase, hold and convey, any '"°" 
estate, real or personal, for the use of said company; Pro- 
vided^ That said company shall not at any one time hold 
realestate exceeding twenty -five hundred acres, excepting 
such as maybe taken for debt, or held as collateral security 
for money duetto said company. 

Sec 2. The capital stock of said company shall be twen- Capital steck 
ty-five thousand dollars, and shall be divided into shares 
of fity dollars each, to be paid in at such times, in such 
manner, and under such penalties, as the president and 
(Jircctors may in their discretion order and appoint. 



300 



LNCOIIPORATION LAWS. 



3ubicription 
books 



Increaped Sec. 3. The Said Capital stock may hereafter be increas- 

ed to an amount not exceeding two hundred thousand dol- 
lars, should a majority of tiie stockholders deem it advisa- 
ble, to be subscribed for in such manner, at such times and 
places, and under the supervison of such persons, as the 
president and directors may order and appoint. The said 
stock shall be deemed personal property, and be assignable 
and transferrable on the books of the corporation ; but no 
stockholder indebted to the corporation shall be permitted 
to make a transfer until such debt be paid, or secured to 
the satisfaction of the directors. 

Sec. 4. Winthrop S. Gillman, Jesse B. Thomas jr., 
Benjamin F. Edwards, David Prickett, Stacy B. Opedyche, 
Stephen T. Logan and Caleb Stone, are hereby appointed 
commissioners for procuring subscriptions to said capital 
stock; and said commissioners, or any two of them, shall 
open one or more subscription books for said slock, on such 
days, and at such places, as said commissioners, or a ma- 
jority of them, shall deem expedient; and shall give at least 
thirty days public notice of such times and places, in one 
or mt)re of the public newspapers printed at each of such 
places. The said subscription books shall be kept open 
until the whole of the stock shall have been taken; and 
the sum of one dollar on each share subscribed for, shall 
be paid to the said commissioners at the time of making 
such subscriptions; and as soon as said stock shall be sub- 
scribed, or sooner if required by the board of directors, the 
§aid commissioners shall deliver over to said directors said 
subscription books, and shall pay over to said board the 
whole amount of money severally received by them. 

Sec. 5. The said company shall have power to enter 
into and carry on the cultivation of the beet and other 
saccharine vegetables, and the manufacturing of sugar 
therefrom; also, the different varieties of the mulberry, 
and the growing of silk, and the manufacturing the same 
into the various articles of commerce; also, oil from the 
poppy, sunflower seed, and other vegetables; to export 

l^iil worki and their products and manufactures; to erect mills, works 

buildings and machinery, and the same to put into operation and 
carry on, by the force of steam, horse or water power, and 
to erect such other buildings as may be necessary to carry 
on efficiently their business. 

Sec. 6. The stock, property, affairs and concerns of 

Jllanagemtnt said company, shall be managed and conducted by seven 
directors, one of whom shall be president thereof, and who 
shall hold their offices for one year, and until others are 

Election chosen. All elections for directors for said company shall 

be held on the first Monday of August, of each and every 
year, at Edinburgh, in the county of Sangamon; of which 



Powers 



INCORPORATION LAWS. 301 

election public notice shall be given, by publication for at 
least ten days in some newspaper printed in the town of 
Springfield, in said county; and said election shall be made 
by ballot, by a majority of the stockholders present, allow- 
ing one vote to each share of the capital stock; Provided^ 
That no stockholder shall be allowed more than thirty 
votes; and that absent stockholders may vote by proxy; 
and further, that should said directors not be chosen on the 
first Monday in August as aforesaid, it shall be lawful to 
choose them on any other day, in the manner herein pre- 
scribed. 

Sec. 7. The directors shall meet as soon after they have Direciors to 
been chosen as may be, and choose out of their own body "'®^' f, ^^^^* 
a president, who shall be sworn or affirmed faithfully to dis- ^ P'®^"^"' 
charge the duties of his said office, and shall preside for one 
year, and until his successor shall be appointed and quali- 
fied; and in case of the death, resignation, or inability to 
serve, of the president or any director, such vacancy or 
vacancies shall be filled for the remainder of the year in ^''' vacancieg 
which they happen, by a special election for that purpose, 
to beheld in the same manner as hereinbefore directed re- 
specting annual elections of directors; Provided, That the 
president may appoint, by a writing under his hand and 
seal, some one of the directors to preside in his stead, dur- 
ing any temporary absence on his part, from the board. 

Sec. 8. The president and four directors, or five direct- 
ors in the absence of the president, shall be a board com- 
petent to the transaction of business, and all questions be- 
fore them shall be decided by a majority of votes; and the 
said corporation shall have power to make and prescribe 
such by-laws, rules and regulations, as to them shall ao- ^>''**' 
pear needful and proper, touching the management and 
disposition of the stock, property, estate andellects o( said 
company, and the transfer of the stock, and touching the du- 
djiities and conduct of their officers, clerks and servants, 
necessary for carrying on their said business, and whom 
they are hereby authorized to appoint to be paid such sal a- Salaries 
ries or wages, as to said board may seem right and proper; 
Provided, always, That such by-laws, rules and jregulations 
shall not be in violation of the constitution or laws of the 
United States, or of this State. 

Sec. 9. Any two or more of the persons named in this 
act, are hereby authorized to call a meeting of said com- 
pany, by advertising the same for two weeks successively, 
in some newspaper printed in Springfield or Alton, to be 
held in the town of Springfield, for the purpose of electing Notice of elect 
their first board of directors; and said directors, when '"6 '^''^"""■* 
elected, shall choose a president as hereinbefore provided, 
and shall continue in office until the first Monday in Au- 



coa 



IN'CORPORATION LAW-S'. 



Void 



Company to 
keep books of 
OC^ountSf &c, 



gust, in the jcar of our Lord then next ensuing, and until 
others sliall be chosen in their stead; Provided, hmcexcr^ 
That this charter shall be void and of no effect, unless put 
into operation agreeably to its provisions and terms, with- 
in eighteen months after the passage of this act; And pro' 
vided further, That the place of holding the annual elec- 
tions for directors may at any time be removed by a ma- 
jority of the board of directors, from the town of Edin- 
burgh, and tixed at said place as said directors may select 
for that purpose. 

Sec. 10. The said Manufacturing Company shall be lo- 
Where located cated and kept in the town of Edinburgh; and the meet- 
ings of said company shall be held at that place, unless a 
majority of the directors should select some other place as 
more appropriate to the general purposes of the company. 
Sec. 11. The said company shall at all times keep 
proper books of account, in which shall be registered all 
the transactions of said corporation; and it shall be the du- 
ty of the said directors to make annual dividends, or at 
such other times as a majority of them may direct, of the 

f)rofits of said company; and the said directors shall at 
east, every six months, exhibit a full and complete state- 
ment of debts and credits, and such other matters as may 
be deemed essential, relating to the affairs of the company. 
Sec 12. This act is hereby declared a public act, and 
shall take effect from and after its passage, and shall be 
liberally construed for every purpose herein contamcd, and 
the corporation hereby created shall have continuance for 
the term of twenty-five years from and after the passage 
of this act, unless sooner dissolved by reason of a failure 
to commence operations within eighteen months from the 

ftassageof this act, as hereinbefore required, or for a vio- 
ationof any of the provisions of this act; Provided, That 
said corporation shall not be dissolved, nor this charter for- 
feited, for, or by reason of any errors, omissions, or irreg- 
ularities of said company, or its agents, not in violation of 
^ny ot the provisions ol this act. 
" J^pPBovED 4th March, 1837. 



Act a public 

{ICI 



In force Jtfarch 
4, 18^7. 



^N ACT to incorporate tlie Cairo City and Canal Company, 

Spc. 1. Be it enacted by the people of the Stole of Illinois, 
represented in the Oeneral Assembly, That Darius B. Hol- 
brook, Miles A. Gilbert, John S, Hacker, Alexander M. 
Jcnkini, Anthony Olncy, and William M. Walker, their 



INCORPORATION LAWS. 803 

associates, successors, and assigns be and they are hereby 
made a body corporate and politic, under the name of cr^J^****" 
the "Cairo City and Canal Company;" and by that name powerA. prir- 
shall be and are hereby made capable in law and equity to sieges 
sue and be sued, plead and be impleaded, defend and be 
defended, in any court or place whatsoever, to make 
and use a common seal, the same to alter and renew 
at pleasure; and by that name and style be capable in 
law of contracting and being contracted with, purchasing, 
holding, and conveying real and personal estate for the 
purposes and uses of said corporation as hereinafter limited, 
and shall be and are hereby vested with all the powers 
privileges and immunities which are or may be necessary 
to carry into effect the purposes and object of this act, as 
hereinafter set forth. The real estate owned and held by said 
company shall not exceed the quantity of land embraced 
in fractional township seventeen, in Alexander -county, 
and the said corporation are hereby authorized to pur- 
chase said land, or any part thereof; but more particu- 
larly the tract of land incorporated as the city of Cairo, 
and may proceed to lay off said land, or any part of the 
land of suid township seventeen, into lots for a town, to 
be known as the city of Cairo; and whenever a plan of 
said city is made, the company shall deposit a copy of 
the same, with a full description thereof in the recorder- 
of-decds' office for the county of Alexander, and any and 
all additions which the said company may make thereto 
at any time thereafter shall be also recorded in the 
same manner; and the said corporation may constiuci 
dykes, canals, levees, and embankments for the security 
and preservation of said city and land, and all im- 
provements thereon from all and every inundation which 
can possibly effect or injure the same; and may erect such 
works, buildings, and improvements which they may- 
deem necessary for promoting the health and prosperity 
of said city, and for draining said city, and other pur- 
poses. Said corporation may lay off and construct a c^- 
nal to unite with Cash river, at such points on said river 
as the company may deem most eligible and proper; and 
may use the water of said river for said canal, running 
to and through the said city of Cairo, as said company 
may direct. The corporation may lay out said canal not 
exceeding ten rods wide through its whole length, and 
may take as much more land as may be necessary for the 
convenient use of said canal and river for tow-paths,locks^ 
and dams, stone, gravel and embankments: Provided j 
That all damages that may be occasioned to any person 
or corporation, by the taking of such lands or materhafe 



30i 



LNCOllPOllATlUN LAWS. 



Capital stock 



Directors ciio- 
sen wlio may 
sleet all otricors 



Trcaiurcr to 
g\\o bond 



Treasurer to 
give notice of 
Ktscssinciit 



May sell shares 
iit auction 



Pioviso. 



for the purposes aforesaid, shall he paid for by said cor« 
poratioii in manner hereinafter provided. 

Sec. 2. The capital stock of said company shall con- 
sist of twenty thousand shares, and no greater assess- 
ment shall he laid upon any share in said company of a 
greater amount than one hundred dollars each share. 
And the immediate government and direction of the 
affairs of said company shall be vested in a board of not 
less than five directors, who shall be chosen by the mem- 
bers of the corporation, in manner hereinfter provided, 
and shall hold their office until others shall be duly 
elected and qualified to take their places as direct- 
ors. And the said directors, a majority of whom 
shall form a quorum for the transaction of business, shall 
elect one of their members to be president of the board, 
who shall also be president of the company; and may 
also elect in the same manner a vice president of thd 
company; and have authority to choose a secretary who 
shall be sworn to the faithful discharfje of his duty, and 
a treasurer, who shall give bond to the corporation, with 
sureties to the satisfaction of tiic directors, in a sum not 
less tlian twenty thousand dollars, for the faithful dis- 
charge of his trust; and appoint such other officers and 
agents as to them may seem necessary. 

8kc. 3. 1'he president and directors, for the time be- 
ing, are hereby authorized and empowered by them- 
selves or their agents to execute all powers herein grant- 
ed to the company, and .all such other powers and au- 
thority for tlic management of the affairs of the com- 
pany not heretofore granted as may be proper and ne- 
cessary to carry into cllcct the objects of this act, and to 
make such equal assessments from time to time on all shares 
of said company as they may deem expedient and neces- 
sary, and direct the same to be paid to the treasurer of 
the company, and the treasurer shall give notice of all 
such assessments; and in case any subscriber shall neg- 
lect to pay his assessment for the space of thirty days 
after due notice by the treasurer of said company, the 
directors may order the treasurer to sell such share or 
shares at public auction, after giving due notice thereof^ 
to the highest bidder; and the same shall be transfer- 
red to the purchaser, and such delinquent subscriber^ 
shall be held accountuble to the company for the balance,' 
if his share or shares shall sell for less than the assess^ 
nient due thereon, with interest and cost of sale; and shalj 
be entitled to the overplus, if his share or shares shall sell 
for more than the assessment due with interest and cost of 
sale: Provided^ /jorrewr. That no assessment shall be laid 
upon any share in said company of a greater amount, in 



INCOllPORATION LAWS. 305 

the whole, tlian one himdred dolKirs: and Proiiiled, also, ?iO\\>.o 
That nothing shall be construed as to invest said com- 
pany with banking powers as to authorize them to make, 
emit, or alter any bank note, or other tiling to be used as 
a circulating medium, as or in lieu of money. But this 
proviso shall in no wise be so construed as to prevent p,ovi8o not to 
said corporation from borrowing money upon pledge or be construed 
security of its property, and using the same in the pro- 
motion of iheir business in the construction of the works 
and improvements as authorized under this act. 

Sec. 4. The company shall have power to ordain Company to 
and establish all such by laws, rules, and regulations and "'^'^^ by-iawi 
ordinances, as they may deem expedient and necessary 
to accomplish the designs and purposes, and to carry into 
effect the provisions of this act and for the transfer and 
assignment of its stock, and the conveyance of property, 
and the well ordering, regulating, and securing the in- 
terests and affairs of said company: Provided, The Piovi^o. 
same be not repugnant to the constitution and laws of 
the State, or of the United States. 

Sec. 5. A toll is hereby granted and established for the Toil granted lo 
benefit of said company upon all passengers, and property company 
of all descriptions, which may be conveyed or transported 
upon the canal of the company upon such terms as may 
be agreed upon and established from time to time by the 
directors of said company: Provided, however, That the P»ovi«o. 
nett income, or receipts from lolls, shall not amount to 
more than eight per cent, per annum, upon the amount ex- 
pended upon said canal, and the improvement of "CashRiv- 
er:" Provided further. Thai so far as the said Cash River is 
rendered navigable by any dams, said company may con- p^o^jgo 
struct on said river, the same shall be open, as now, for the 
free use of all persons: Provided, also. That the said 
company shall not be authorized by this act to erect or „. ,. 
construct any dam or dams upon or across Cash River for 
the purposes aforesaid, until they shall first have obtained 
the consent of the county commissioners' court in Alex- 
ander county, which consent, so obtained, shall be en- 
tered upon the records of said court; and whenever the 
route of said canal shall be located, the company shall 
have recorded a plan and description thereof in the 
office of recorder of deeds, and the office of said county 
comnHSsioners' court in Alexander county. 

Sec 6. The said company shall be holden to pay all 
damages that may arise to any person or corporation by Company to 
taking their land for said canal, or any other purpose, Pf^ Hamagsi, 
when it cannot be obtained by voluntary agreement, to be 
estimated and recovered in the manner provided by law, 

39 



800 INCORPORATION LAWS. 

for the recovery of damages happening by Inying out 
highways. 

Sec. 7. When the lands, or other property or estate, 

Guardian may ^f any feme covert, infant, orperson non compos mentis, 

release damages shall be wanted for the purposes and objects of the com- 

in certain cases p^ny, the guardian of said infant or person non compos 

mentis, or husband of such feme covert, may release all 

damages and interest for and in such lands or estate 

taken for the company as they might do, if the same 

were holden by them in their own right respectively. 

Sec. 8. If any person shall wilfully do, or cause to 
be done, any act or acts whatever, whereby any build- 
ing, construction, or work of said corporation, or any en- 
cinc, machine, or structure, or any matter or thing apper- 
taining to the same, shall be stopped, obstructed, im- 
-, ,. ..paired, weakened injured, or destroyed, the persons so 

injury to work offending shall be deemed guilty of a misdemeanor, and 
of corporation shall forfeit and pay to said corpomtion treble the amount 
subject to v^y Q^ damages sustained by means of such oftence or injury, 
to be recovered in the name of 'said corporation, with 
costs of suit by action of deht, and shall be subject to indict- 
ment and punishment for high crimes and misdemeanors, 
as in other cases. 

Si:c. 1). The annual meeting of the members of said 
Time & place company shall he holden on the first Monday in Novem- 
of meeling for bcr, in each year, at Cairo, or such other places as the 
company directors, for the timn being, may appoint, at which 

meeting the directors shall be chosen by ballot, each pro- 
prietor being entitled to us many votes as he holds shares. 
And the first named individual, in the first section of this 
act, is hereby authorized to call the first meeting of the 
Natiee to be ^^'^1 company, by giving notice in some newspaper pub- 
given lished at the place where said meeting is to be held, of the 
time, place, and purpose of said meeting, at least ten days 
before the time mentioned in said notice. 

Sec. 10. This act shall be deemed and taken as a pub- 
Act deemed a Hc act, and as such shall be taken notice of by all courts 
pybiicact of justice in this state without the necessity of pleading 
' the same, and shall be in force from and after its pas- 

sage. 

Sec. II. This act shall continue in force for the 
term of twenty-five years from the passage thereof; an4 
during that time, upon any departure from or violation 
of the provisions of this act, the legislature may repeal, 
alter, or modify the same as in their judgment tiie public 
good may require. 

Sec. 12. The privileges herein granted shall cease, 
the cc.rporation herein created be dissolved, and this act 



LNCOKPOUATION LAWS. S07 

be null and void, unless twenty thousand dollara be ex- 
pended in the construction of said canal within five 
years. 

ArPKOvED 4th March, 1837. 



AN ACJT to iucoipoialo the towns of Greenfield and Whitehall, in Green j,, fy^.f,f Marefc 

county. 4^ I83Y, 

Sec. 1. Be it enacted by the people of the State of Uli- 
nois, represented in the General Assembly, That the fol- 
lowing district and the inhabitants within the same, which 
includes the town of Greenfield, in the county of Green, to 
wit: beginning at the southeast corner of lot number thir- 
ty-two, and designated on the plat of said town, and thence 
running east, west, north, and soMth,soasto include three- q^^. ^, • 
fourths of a mile square, be and the same is hereby consti- coustituted a 
tuted a body politic and corporate, by the name and style ''o^^v politic 
of "the trustees of the town of Greenfield," whose powers p"'' '^°'P'"-"» 
and duties and manner of organization in all respects j,°j'^gY* 
whatsoever, shall be agreeable to those specified and 
authorised in an act entitled "an act to incorporate the in- 
habitants of such towns as may wish to be incorporated," 
approved February Tith, 1831, and those contained in "an 
act further defining the powers and duties of trustees of 
incorporated towns," approved January 31st, 1835, 

Sec. 2. The county commissioners' court of the said ^^^ • ""'' •• 
county of Green are authorised to cause a special election e'eaioV" * 
to be held in the said town for one justice of the peace, 
and one constable, on the third Saturday of June next, 
which election shall be conducted agreeably to the provi- 
sions of "an act to proride for the election of justices of 
the peace and constables," and the said justice of the peace 
and constable when elected, shall hold their office:^ until '^®™°f°'''<=* 
the next general election to be held by the provisions oT 
the above recited act: at which time and quadrennially 
thereafter there shall be one justice of the peace and one 
constable elected as in other districts in said county by the 
qualified voters of the said town of Greenfield. The county 
commissioners court for said county arc hereby authorised, Can extend 
whenever they may deem proper, to extend the boundary boundary 
of said district for the election of a justice of the peace 
and constable. 

Slc. .. That the county commissioners'' court of the County com. 
said county ofGrcen arc also required and is hereby au- tocaufeafpe 
thori?ed to nrderand direct a special election to be held '"'*' ''**^^""' 



308 



INCUKPURATIUN LAW8. 



In the town of White Hall, for one additional justiccofthS 
peace and for one constable tor said town; which election 
shall be held on the seventeenth day of June next, or with- 
in ten days thereafter, to be conducted according to the 
provisions of the law recited in the foregoing section of 
this act;and the officers so elected shall hold their offices 
Term of office until the quadrennial election for justices of the peace and 
constables, in the year one thousand eight hundred and 
thirty-nine, and shall be governed in all respects and be 
under the same laws and regulations as other justices of 
the peace and constables in this state; and hereafter at 
each subsequent quadrennial election there shall be elect- 
ed two justices of the peace and two constables in the said 
town of White Hall. 

Approvep 4th March, 1837. 



In force 4ili AN ACT to iacovpoiatc the Rector Steam 'TiillConipnnv, hi Hauiihoji county. 
March, 1837. 

Skc. 1. Be it enacted by the people of the State of Illinois^ 
represented in the General Asscnibhj, That all such per- 
sons as shall hereafter become subscribers to the stock 
hereinafter described, shall be and they are hereby con- 

Corporation stituted and declared a body politic and corporate, by the; 

their'prrviie-es'^^'^c and style of "The Rector Steam Mill Company,"' 
from and after the passage of this act, and by that name 
they and their successors shall have succession; and 
shall in law be capable of suing and being sued, plead- 
ing and being impleaded in all courts and places whatso- 
ever; may have a common seal and alter the same at plea- 
sure; and they and their successors may, also, by that 
name and style be capable in law, of purchasing, holding, 
and conveying away real and personal estate for the uses 
and purposes of said corporation; which real estate shall 
not exceed one hundred and sixty acres of land, whereon 
to erect the necessary enclosures for carrying on the bu- 
siness of the company. 

Sec. 2. The s;iid company hereby incorporated, shall 

Can iiave pow- have power to erect a steam mill in the county of Hamil- 

er to erect ton, and are hereby authorised to cany on the manufacto- 
ry of flour, corn-meal, wool, hemp, and other manufac- 
tures; to export the same and other products of the coun- 
try, and to use all such powers and privileges as may be 
necessary to carry on the said manufactory, according to 
the objects of this act, as herein expressed. 

Sec. 3. The capital stock of said company shall coni?is't 



steam mill &.c. 



INCORPORATION LAWS. 809 

bf thirty thousand dollars, to be divided into six hundred Capital stock 
shares of fil't}- dollars each. 

Sec. 4. The general place of meeting for said company 
shall be at McCleansboro', in this state; but the president piace of moet- 
and directors of said company may selpict such other place ingfor compa- 
of meeting, as to them may (_scem most convenient and "^ 
expedient. 

Sec. 5. For the purpose of carrying into effect the ob- Com. to obtain 
ject of this corporation, John Choisier, Achilles Coffee, ^"'^"^"l'''""'* 
James Gholson, Abram Irvin, William Johnson, and Gil- 
bert Griswold are hereby appointed commissioners to ob- 
tain subscriptions to the capital stock of said company, 
and said commissioners, or a majority of them, after giv- Notice to be 

, .• .1 r • •' "^ • i. J • e'^'fi" of time 

ing general notice thereof, m some newspaper printed in and place for 
this state, may open books for the subscription of said stock receiving sub- 
at such times and places as they may direct, and keep the ^^''^i^^^°'" 
same open till at least two hundred shares are subscribed. 
If the requisite number of shares shall not be subscribed 
within thirty days after the books are opened, said com- 
missioners, or a majority ofthem,shall take such measures 
for completing such subscriptions as they may deem ex- 
pedient and proper. Every subscriber, at the time of sub- 
scribing shall pay to said commissioners one dollar for each 
share subscribed; and when such subscription is complete 
as aforesaid, or within sixty days thereafter, said com- 
missioners, or a majority of them, shall call a meeting of 
the stockholders at McLeansboro', by a printed notice in 
some newspaper of general circulation, within this state. 

Sec. 6. At said meeting the stockholders of said com- ^^ . 

pany shall proceed to elect five directors, who shall man- dect directon; 
age, direct, and govern the affairs of said company one &c. 
year from the period of said election, and until their suc- 
cessors shall have been elected and qualified; and that at 
said election each stockholder shall be entitled to one 
vote for each share he may hold, and a majority of all the 
votes given shall be required to make an election. That 
the period of election of directors as aforesaid, shall be an- 
nually on the first Monday of the month in which the first 
election shall be held. 

Sec. 7. Immediately after the directors are chosen as 
aforesaid, they shall hold a meeting, at which, and at all 
s ubscqucnt meetings of said board, a majority of the direc- 
tors shall constitute aquorum. That they shall proceed to the Directois to e- 
election of a president from their own body, a secretary, ^j.**^' *" °*"'' 
who shall be sworn by a justice of the peace to the faithful ° '^°''P°'^* '*'" 
discharge of his duty, and who shall record all votes of the 
corporation in a book by him kept for that purpose; a 
treasurer, who shall give bond to such amount, and in 
such manner as the said president and directors shall di- 



310 



liSCORPORATlON LAW» 



President and 
directors to 



rect, and the said board shall appoint all other ofiicers and 
agents as to ihcm shall seem proper and necessary. 

Sec. S. Said president and directors shall hr\ve. power to 
make and establish all such by-laws, rules, and regula- 
maiie by-laws tions as shall be necessary, and not inconsist-jnt with the 
laws of this state, and the provisions of this act, which may 
be necessary for the payment or collection of the subscrip- 
tions to its fetock, and the transfer of the same and of prop- 
erty ,or that in any other way may concern the management 
and direction of the affairs of said company. 

Sec. 9. If it should happen that any election should not 
be made on the day when, by the provisons of this act, it 
should be made, the corporation shall not for that reason 
be dissolved; but such election may be held on any other 
day within twenty days thereafter, public notice being 
given by the directors thereof. 

AppRcrvED 4th March, 1837. 



Corporation 
not to be dig- 
lolved 



In force 4th 
March 1837. 



Persong incor- 
porated 



Karh6 



Have a seal 

Duration 
Authority 
granted 



To erect mills, 
fte. 



Capital stock, 
power to in- 
cnasa 



AN ACT to incorporate the St. Clair Silk Company, 

Sec. 1 . Be it enacted by the people of the Slate of Illinois^ 
represented in the General Assembly^ That Joseph Green, 
William 11. H. Stuart, Edward Roslin Stuart, Alphonso 
D. Carlos Stuart, their associates, successors, and assigns, 
be, and they are hereby constituted a body politic and cof- 
porate, by the namcol the "St. Clair Silk Company," and 
by that name shall have power to contract and be con- 
tracted with, sue and be sued, plead and be impleaded, 
answer and be answered, defend and be defended, in all 
courts of law and equity in this State; and to make, have, 
and use a common seal, and the same to alter and renew 
at pleasure; and shall continue and exist as such, from and 
after the passage of this act, for the term of twenty years. 

Sec. 2. The said company are hereby authorized to 
enter into, arid carry on the cultivation of the mulberry, 
and all its varieties; to make silk therefrom; to manufac- 
ture the same into all the various articlea of commerce, and 
to export the same; to erect mills, works, machinery, and 
such other buildings as may be necessary to carry on ct- 
fectually their business; and to enter into all contracts 
which may concern the use and management of said pro- 
perty. 

Sec 3. The capital stock of said company shall be iitty 
thousand dollars, with power to iiicrcui-ic the ^ame, at the 



INCORPORATlOiN LAWS 3'| 

pleasure of said company, to any amount not exceeding 
one hundred thousand doHars. 

Sec. 4. The stock, property, and concerns of said cor- By whom coa. 
poration shall be managed and conducted by five directors, '^"*^"'^ 
who shall, or a majority of them, constitute a board, and 
be competent to the transaction of all business, and maj-, 
from time to time, make and prescribe such by-laws, rules 
and regulations, relative to the concerns of said corpora- 
tion, as may be deemed by them necessary; and sliall also 
regulate the duties of their agents and clerks, and all oth- 
ers by them employed. 

Sec. 5. The aforesaid Joseph Green, William II. H. 
Stuart, Edward Iloslin Stuart, Alphonso D. Carlos Stu- 
art, shall be directors from the time this act takes effect, 
and until succeeded by othors, who shall be elected by the 
stockholders or their proxies, on the second Monday in ^yp^°^j 
Juno next, and annually thereafter; but in case said elec- 
tion should not be so held, this chartershall not be forfeit- 
ed; but an election may be held at any time within threa 
months thereafter, on the call of any two stockholders, 
given in a newspaper printed in Belleville, St. Clair coun- 
ty, or in any other nearest the aforesaid place. 

Sec 0. Immediately after the directors are chosen as 
above, they shall hold a meeting, at which, and at all subse- Shall hjd 
quent meetings, a majority shall constitute a quorum; they meeting 
shall proceed to tlic election of a president from their num- r^'ectionof 
ber; a secretary, who shall be sworn by a justice of the |JJp^*g'^.g"' "■** 
peace to the faithful discharge of his duty, and who shall 
record all votes of the corporation in a book to be by 
him kept for that purpose; a treasurer, who shall give 
bond in such amount, and in such manner, as tiie said pre- 
sident and directors shall direct; and appoint such other 
ofScers and agents, as to them may seem proper. 

Sec. 7. The capital stock of said company shall be di- 
vided into shares of one hundred dollars each, and each ^'^*'"" 
share shall be entitled to one vote. 

Sec. 8. The establishment of said corporation for the 
cultivation and manufacture of the articles aforesaid, shall 
be located in St. Clair county, as the directors, or a majori- Location 
ty of them, may deem most advantageous. 

Sec 9. That the general place of meeting for said com- Place of mee; 
pany shall be at Belleville; but the president and directors '"S 
of said company may select such other place as to them 
may seem fit, for the general purposes of said company, 
but not as permanent places. 

Sec lO. The corporation shall at all times keep proper Booksof ac- 
books of account, in which shall be registered all the trans- '^"""^ 
actions of said corporation; and it shall be the duty of said 
directors to make annual dividends, or at such other times 



31i 



Statements to 
be exhibited 



Real estate 
may beheld 



Stock deemed 
personal prop' 
prty 



INCORPORATION LAWS. 

ns a majority of them may diiect, of the profits of said 
company; and the said directors shall, at least every six 
months, exhibit a full and complete statement of debts 
and ere its, and such other matters as may be deemed es- 
sential relating to the affairs of the company. 

Sec. U. The corporation heieby created by this act 
shall be capable, and arc hereby authorized to purchase, 
hold, and convey, any estate, real and personal, or mixed, 
that may be necessary to enable them to carry on, effi- 
ciently, its business, as defined in this act,'_and for no other 
purpose whatever. 

Sec 12. The stock of said company shall be deemed 
personal property, and assignable and transferrable on the 
books of the corporation; but no stockholder indebted to 
the corporation shall be permitted to make a transfer, un- 
til such debt be paid to the satisAxction of said directors. 

Approved 4th March, 1837, 



(I force March 
, 1837. 



Names afcom- 
fiiissioners. 



5tockholder3 
constituted a 
body politic Sc 
corporate. 
Name of cor- 
poratiou. 



Right to con- 
struct a single 
or double rail 
>vay track. 



AN ACT to incorporate the Beardstown and Springfield Rail Road company. 

Sec. 1 . Be it enacted by the people of the State of Illinois^ 
represcntedin the General AssemhJy^ That Thomas VVilborn, 
William W. Ball, William Ba-sett, Isaac C. Spencer, N. 
B. Thompson, and B. W. Schneider, of Beardstown, H. 
11. Hall, Keddick Horn, Amos S. West, Robert Crawford, 
and Stephen Lee, of Morgan county, John B. Broadville, 
Elijah lies, Archer G. Ilorndon, Wharton Ransdcll, Hen- 
ry B. Truett, Peter Vanbergen, Jesse B. Thomas, and Be- 
la C. Webster of Springfield, and all such persons as shall 
become stockholders according to the provisions of this act, 
shall be and they are hereby constituted a body corporate by 
the name of the Springfield and Beardstown Rail Road 
Company, and shall continue for the term of fifty years, 
from and after [the passage of] this act. 

Sec. 2. The corporation shall have the right and power 
to construct, and during its existence to maintain and 
continue a single or double rail road or way, or a single 
or double track way, with such appendages and appurte- 
nances as may be necessary for the convenient use of the 
same, from Springfield in the county of Sangamon, and 
running thence to such point in the town of Beardstown 
on the Illinois river, now in the county of Morgan, as the 
directors of said company shall direct, to transport, take, 
anil carry persons and property on the same, by the pow- 
er and force of steam, of animals, or any mechanical or 



INCOUrORATIOiN LAWS. 313 

other power, or by a combination of them, as said com- 
pany shall choose to employ, and by their names afore- 
said, they are vested with the right and privilege of erect- 
ing, building, and making a single or double rail road or 
way, or a single or double track way, for the purpose 
aforesaid, and the right of using the same in the manner 
hereby provided for, and during the term of fifty years. 

Sec. 3. If the said corporation hereby created, shalP^'*'^" '""^ 
not within four years from the passage of this act, con- ""^''"'^ ^' • 
struct, finish, and put in operation the single or double rail 
road or way, or track way, then the said corporation shall 
forever cease, and this act shall be null and void. 

Sec. 4. The capital stock of said corporation hereby capUar'stock. 
created, shall be two hundred thousand [dollars,] with lio- 
<yty for said company if they shall deem it necessary, to 
increase the same to any amount which they may think 
necessary to finish the work, which shalU be divided into Divided into 
shares of fifty dollars each, and which shafl be transferra- shares and 
ble in such manner as said corporation may direct, and the transfevrable, 
same shall be deemed persorisl property. 

Sec 5. Thomas Wilborn, William W. Babb, William 
Bassett, Isaac C. Spencer, N. B. Thompson, H. H. Hall, 
Rcddick Horn, Amos S. West, Robert Crawford, Stephen 
Lee, John B. Broadville, EHjah lies, Archer G. Hcrndon, 
Wharton Ransdall, Henry iJ. Truett, Peter Vanbergen, 
Jesse B. Thomas, and Bela C. Webster of Springfield, 
shall be the commissioners, the duty of whom or a majori- . . 
Xy of whom, it shall be, within one year from the passage to°opTn*book8* 
6f this act, at the towns of Springfield, Virginia, and receive 
and Beardstown, or in any other towns, cities, or places as subscription* 
said company may deem expedient, to open books and 
receive subscription to the capital stock of said corpora- 
tion, and twenty days public notice of the time and place 
of opening such books shall be previously given in the 
newspapers printed in Springfield or elsewhere; and the 
said commissioners shall at the lime of subscription by 
any person or persons for the capital stock of said corpor- 
ation, require the payment to them, by the person or per- 
sons so subscribing, of five dollars towards and upon ev- 
fcry share of fifty dollars so subscribed, and unless the 
same shall be paid, the subscription shall be invalid; and 
in case a greater amount of Capital stock shall be sub- 
scribed than two hundred thousand dollars, the said com- 
missioners may either retain the subscription as an en- 
largement of the capital stock; Provided, Said subscrip- Pfovigo^ 
tions do not exceed the cost of said rail road, or track 
way, or shall distribute the stock in such a manner as a 
majority of them, may think most advantageous to the 
interest of said companv; but in case the capital stock 
' 10 



314 INCORPORATION LAWS> 

Commissioners should [not] l)c Subscribed for, that the said company shall 
ina.v re-open bc authorized to reopen said books for the subscription ol" 
stock at such titne and places, and in such manner, and 
after such notice as they or a majority of them shall di- 
rect. 
_ . Sec. 6. Whenever said capital stock shall have been 

days notice to subscribcd and distribution thereof made as aforesaid, or 
meet. as soon as twenty-five thousand dollars of said stock shall 

bc taken, it shall be the duty of the said commissioners to 
give twenty days public notice in some newspaper print- 
ed in Springfield, for a meeting of the stockholders of said 
company, to meet in Springfield to choose nine directors, 
and such election shall then and the e be made, by such 
of the stockholders as shall attend either in person or by 
lawful proxy. Each share of the capital stock owned ten 
l':ieciion of di-diiys previous to the day on which any election for direc- 
rectors. tors shall take place, shall entitle the owner and holder to 

one vote either personally or by proxy; said commission- 
ers shall be inspectors of the first election of directors of 
said company, and shall certify under their hands, the 
name of those duly elected, and deliver over the subscrip- 
tion money, books, and papers to said directors, and the 
time of holding the first meeting of said directors shall bc 
fixed by the said commissioners. 
Cause a survey *^^^* ^' The said directors shall cavisc such examination 
of route for and survcys for the said rail ioad or track way [to] be made 
*"aci. as may be necessary to the selection by them, to the most 

advantageous line, course or way, for the said rail road or 
track way, on the route set forth in the second section of 
this act, and shall after such examinations and surveys 
shall bc made select, and by certificates under their hands 
and seals, designate the line, course or way, which they 
or a majority of them shall deem most suitable, and ad- 
i?eport asur- vautageous for said rail road or trackway. One report of 
vey of route, surveys, courscs, and distances, with a certificate of the 
directors annexed thereto, shall be filed in the ofhce of 
the recorder of the counties of Morgan and Sangamon, and 
by them recorded and preserved, which line, course, or 
Toi)e liied & way, so selected", certified, filed, and recorded, shall bc 
i-ecor c<. . deemed the line, course, or way, on which the said corpor- 
ation shall construct, erect, build, or make the rail road, 
or track way above dcsciibed. 

Sec. 8. The first directors to bc clioson shall huld their 
""'"''"'^' offices until the fir^t Monday in . Time, in the year next suc- 
ceeding their election, and until others shall be chosen, 
and every election of directors thereafter, shall be held 
p, .. , annually at Beardstovv'n on the liist Monday of June, in 

r«If.clion when ,•', • r ^ , • r • 

held. each and every year, notice of the eaine being first given 

twenty days previous thereto, in a public newspaper 



iNCORPO RATION LAWS. 316 

printed iiiBeardstown or Spiingficld. Every election shall 
be held under Uio insjiection of the stockholders not be- 
ing directors wiio shall he. previously appointed by the 
board of directors. Ail elei-tions sluiil be held by ballot, 
and a plurality of voles i;iven shall constitute a choice. 
No stockholders shall be cligil)lc to the ofhce of director, 
unless ho shall own stock to the amount of at least one hun- 
dred dollars. In case an equal number of votes shall be 
given for any two or more lor directors, the remainder 
of the directors shall by ballot determine who shall be 
entitled to a seat at the board. 

Sec. 9. In case it should at any time happen that an Corporation 
election of directors shall not be made on any day pursu- "o' ^° be dis- 

ant to this act it ought to have been made, the corporation f"i'Tn J?i /^"* 

I 11 J r ji t T 1 1 I II- "" toelect, 

shall not lor thatcause, be dissolved, but suchelection may 

be held at any other time directed by the by-laws of the 
corporation, within sixty days after the day on which such 
election should have been held, and the directors shall 
continue to act unlil a new board is elected. 

Sec. 10. The corporation is hereby empowered to 
purchase, receive, and hold such real estate as may be ^^^' ''"^^"'"^» 
necessary and convenient for the accomplishing the ob- 
jects for which this act of incorporation is granted, and 
may, by their agents, surveyors, and engineers, enter 
upon and take possession of, and use all such lands and 
real estate, and materials, as may be indispensable for the 
construction and maintcntince of their rail-road or track- 
way, and the accommodations and appurtenances re- 
quired and appertaining thereto; and may also receive 
and take all such voluntary grants, donations of land and May receive 
real estate, and materials for the purpose of said road, as t^o"^''""'' 
shall be made to the said corporation by the general or 
state government, or by any corporation, company, or 
individual or individuals, to aid in the construction, main- 
tenance, and accommodations of the said rail-road, or 
trackway, completely vesting in said company and corpo- 
ration, absolutely in fee simple, the same; but all lands 
and real estate thus entered upon for materials or other- 
wise, which are not donations, or owned by the said com- 
pany, shall be purchased by the said corporation of the 
owner or owners thereof, at a price to be agreed upon 
mutually by the company and the owner or owners, 
in case of disagreement as to the price; and before the 
taking any materials, or making any part of said road on 
said land in controversy, it shall be lawful for the com- 
missioners, superincendant, or authorized person or per- 
sons of said company, to apply to some iustice of the i*;".''® °f P^**" 

r .1 ^. • I • 1 * "^ 1 -^ 1 curing land to 

peace ot the county in which such case may occur, who construct 
fihall cause five freeholders to be summoned, who, after »oad oa 



316 INCORPORATION LAW». 

being swown faithfully and impartially to examine the 
materials or ground to be pointed out to them by the 
commissioners, superintendant or other authorized person 
or persons, and reasonable notice having been given to 
the owner of the property, said freeholders shall assess 
the damages which they believe such owner or owners 
sessed^and'da- ^^^^^ Sustain over and above the additional value which 
mages paid suchland will derive from the construction of such road, and 
rnake a report, signed by at least a majority of them, one 
of which they shall deliver to the commissioners, superin- 
tendant, or other authorized person or persons, requiring 
said view and assessments, and the other to the justice of 
the peace; and the amount of damages and costs, being 
paid to the owner or owners which shall have been as- 
sessed, or deposited with the justice of the peace, the 
road may be continued, located, and materials taken. If 
either party shall be dissatisfied with the valuation, where 
lands are in question, an appeal may be taken within 
twenty days to the circuit court of the proper county 
by petition, setting forth the facts of the case, describing 
the lands and premises, and the necessity of such lands 
for making such rail-road or trackway, and the attempt 
and failure to purchase the same with the name and resi- 
dence of the owner of the same, and the reason why 
Comt to direct the purchase cannot be made; and the circuit court afore- 
ghen' *° ^ ^^'^' sitting and acting as a court of chancery, shall 
direct such notice to the owner and parties as shall be 
deemed reasonable of the time of hearing of the parties: 
Proviso, Provided^ That in case the appellee shall have had seven 

days notice of the taking of an appeal, and no further 
notice shall be necessary; but said court shall proceed to 
hear and determine said cause as speedily as practica- 
ble, and upon proof of the service of notice of the ap- 
peal, and upon hearing the testimony of the parties, 
which may be taken orally or by deposition, it shall make 
Court may or- such order and decree in the premises as to it may 
der and decree gggjn proper and equitable, and may either increase or 
^' ' ' diminish the amount of damages assessed, or reject said 
petition altogether, and shall also make such orders for the 
payment of costs as may be just and proper, and shall order 
a conveyance of the land in controversy to be made, when 
the decree shall be complied with on the part of the corpo- 
ration. Whenever said order or decree shall be fully 
complied with on the part and in behalf of said corpo- 
ration, it shall be possessed of the land in contro- 
versy, and enter upon and take possession of, and use the 
same for the purposes of said road. When a difficulty 
shall arise as to the value of materials, which may be 
needed to construct said work or th? amount of damages 



LNCOUPORATION LAWS, 317 

to land in collecting materials aforesaid, there shall [be] no No appeal to 
appeal to the circuit court; but in case the parties, or <=''<="'' """ 
either of them, shall be dissatisfied, and it shall appear 
to the justice that it is right and necessary, he may set 
aside the first valuation: Provided^ The same shall be done Piovi?o 
in three days after said valuation, and appoint five other 
commissioners to appraise and value the materials or dam- 
ages last aforesaid, whose award in the premises shall be 
final, and who shall apportion the costs as may appear just 
on one or both of the parties. 

Sec. 11. In case any unmarried woman, infant, or 
idiot, or insane person or non resident of this state, who Court appoint 
shall not appear after such notice, shall be interested in * p^^**" '° *P* 
any such land or real estate, the circuit court or justice of '^'^ 
the peace shall appoint some competent and suitable 
person to appear before said commissioners, or said cir- 
cuit court, and act for and in behalf of such [unjtnarried 
woman, infant, insane person, idiot, or non resident of 
the State. 

Sec. 12. The said corporation is hereby authorized 
and empowered to regulate the time and manner in which 
goods, passengers, and property shall be transferred, 
taken and carried on said rail-road or trackway; and 
shall have power to erect and maintain toll -houses, and Erect toll 
other buildings necessary for the accommodation of their *^o"^^*i«n«^<^°l" 
concern, and from time to time fix, regulate, demand, and 
receive the tolls and charges by them to be received for 
transportation of passengers or property on said rail-road, 
or way, on said double or single trackway. 

Sec. 13. Five directors of the said corporation shall 
form a board, and they, or a majority of them, shall be Boani to tram 
competent to transact all the business of the said cor- act businesB 
poration, and they shall have full force and power to 
make and prescribe all such rules, by-laws, and regula- 
tions as to them shall appear needful and proper, touch- 
ing the management and disposition of the stock, pro- 
perty, and estate of said corporation, the transfer of 
shares, and touching the duties and conduct of their 
officers and agents, and election of directors, and all other 
matters whatsoever which may appertain to the concerns 
of said corporation. It shall also be lawful for said di- 
rectors to require payment of the sums to be subscribed 
to the capital stock at such times, and in such propor- 
tions, and on such conditions, as they shall deem fit and 
right, under the penalty of the forfeiture of all previ- 
ous payments thereon, and shall give notice of the pay- Forfeiture for 
ments thus required, and of the place and time, when noncompliance 
and where the same are to be paid at least twenty days 
previous to the payment of the same, in some public 
newspaper printed at Springfield, or Bcardstownf 



318 lNCORPi)RATION LAWS. 

Sec. 14. If any person, or persons, shall wilfully do, 
or cause to be done, any act or acts whatsoever, whereby 
any building, construction, or work of the said corpora- 
Persons injur- *'^°"' ^"^ ^"y engine, machine, or structure, or any matter 
ing road to for- or thing por uining to tlic same, shall be stopped, obstruct- 
**'' cd, impaired, weakened, injured, or destroyed, the person 

or persons, so offending, shall forfeit and pay to the said cor- 
poration treble the amount of the dam"ages sustained by 
means of such offence or injury, to be recovered in the 
name of said corporation, with costs of suit, by action of 
Subject to in- debt, and shall likewise be subject to be indicted for in- 
juries and offences against the property of said corporation, 
as for injuries or offences done to the property of individuals. 
Sec. 15. It shall be lawful for any rail-road company, 
_ , „ ., which ma}' hereafter be incorporated, to ioin and unite with 

Other Rail- ,, -i i * i u i a j j • 

road may join the rail-road or trackway hereby created and incorpo- 
rated, at any point at which the directors of the company, 
hereafter to the created and incorporated, may think ad- 
visable, on such terms as the directors of the two compa- 
nies may respectively agree upon; and in case of a dis- 
agreement between the directors of said companies, then, 
Court may de- upon such tcrms as the circuit court of Sangamon county 
t^rmson which shall, upon a full viev/and hearing of all the facts connected 
otheis may join with the casc, determine to be equitable and just between 

said companies. 
Corporation ^^^' ^^' '^^^^ corporation hereby created, under the 

may sue, dtc. name of the "Springticld and Beardstowu Rail-road Com- 
pany," shall have the right to sue in any court of law or 
equity in this state, having jurisdiction of the case; and 
prosecute the same to judgment and recovery, and defend, 
when sued, plead and be impleaded, both at the law and 
in chancery, and shall be entitled to all the privileges and 
rights which such a corporation, by the common or statute 
laws governing the case, ought and should of right have; and 
may have a common seal, which they may alter and change 
Stock deemed ^* t^^^*" pleasure. The whole of the stock of the cor* 
personal pro- poration shall be deemed personal property; and togethe? 
peny ^j^^ all tools, implements, machiney, and apparatuses 

of every description, used and employed, or on hand, and 
belonging to said company, shall be liable to be seized, 
executed, and sold, after judgment or decree, to make 
good any contract, agreement, or stipulation, made by 
gg^j^^ jjf any agent, superintendant or other authorized person or 
^ess persons of said company; and it shall be a sufficient ser- 

vice of process or notice in all cases, to leave a copy of 
the same with the president of the board of directors, 
or the secretary of the company, or in case of his absence 
from the county, to leave a copy of the same at the office 
theteof. 

Approved 4th March, 1837. 



INCORPORATION LAWS'. 819 

AN ACT to Incorporate the Shelby Steam mill Coinijany. j^^ ^^^.^^ March 

4, 1837 

Sec. 1. Be it enacted hy the people of the State of Illi- 
nois^ represented in the General Asscinbly, That William 
Fitzliugh TiiGrnlon, Marshall W. Bascy, and John S. 
Gordon, and their associates, successors, and assigns, be 
and they are hereby constituted abody politic and corpor- Constituteda 
ate, by the name and style of "The Shelby Steam Mill body corporate 
Company," for the more convenient ownership and man- poi't'c 
agement of a steam mill, in the county of Shelby, and the 
transaction of the usual business of companies engaged in 
milling. And the said corporation, by the said name, is de- 
clared and hereby made capable in law, to sue and be 
sued, to plead and be impleaded, to have a common seal, Mayhave teal 
and the same to renew and alter at pleasure; to make 
rules and by-laws for the regulations and management of 
said corporation, consistent with the laws of this state, and 
generally to do and execute whatever by-laws shall apper- 
tain to such bodiespolitic: Provided^ That nothing herein Proviw 
contained shall be considered as conferring on the said cor- 
poration any banking privileges. But they shall be con- 
fined to the operations directly connected with milling, 
and the construction of the necessary buildings and ma- 
chinery; and each and every stockholder shall be, in his 
individual capacity, liable for the debts and performance 
of all contracts entered into by said corporation, to tho 
amountofthe balance unpaid on the stock of such stockhol- 
ders. Capital stock 

Sec. 2. The said corporation shall have the right to ^^^JJ J°q w 
hold, possess, and enjoy, not exceeding ten acres of mill- 
age land and two thousand acres of timber land; and th6 
whole of the capital stock shall not exceed in value, the 
sum of twenty thousand dollars, and shall be divided into 
shares of one hundred dollars each; which capital shall be 
employed in purchasing and holding the land aforesaid^ 
and in constructing and employing buildings and such im- 
provements and machinery as may be necessary or useful 
in milling. Every member of said company shall have acertjticaii 
certificate, under the seal of the corporation, and made 
and attested in such mannerand form, as the by-laws shall 
direct, certifying his property in the share or shares own- 
ed by him; and the slock of said company shall, in the na- To be assign^ 
lure of personal property, be assignable and transferrable i^'^ and traii»- 
according to such rules as the board of directors shall es- *^ 

tsblish; and no stockholder indebted to the company shall 
be permitted to make a transferor receive a dividend un- 
til such debt is discharged, or security given for the same, 
to the satisfaction of the directors. 

Sec. 3. For the management of the affairs of the said 
».'orporation, there shvall be chosen from the stockboldert 



330 iNCORPOUATlOiN LAWS. 

Directors to be five directors, who sh.ill hold Iheir offices for one year, or 
chosen until Superseded by othcrs. Tliirty days previous notice 

by pubheation once a week, for one month, in tlic news- 
paper in or nearest to th-c town of Shelbyville, in the 
county ofShelby, shall be given of the first election of di- 
rectors; and there shall be annually thereaftcra like elec- 
tion of directors at tlic town of Shel!)yvillc. In all such 
electionsfor directors, every share shall be entitled to a 
vote, whether it be held by an individual or individuals: 
which vote may be given by the holders or by proxy, duly 
authorised under seal, and a majority of the shares shall 
be necessary to a choice of directors, or to the transaction 
of any business which may concern the company and come 
before the stockholders* 
Majority to Sec. 4. A majority of the directors shall form a quorum 

form a quorum to transact business, and they shall meet within thirty 
days from the time they shall have been chosen at Shelby- 
Te of fS vilie, and choose by ballot one of their uumber for presi- 
dent, who shall serve for one year, or until superseded by 
a new election; and there shall be annually after the said 
election, alike election at Shelbyville, by the directors^ 
for the time being, of a president for said corporation. The 
Pow«rof dj- said directors shall also have power to choose and appoint 
recton such other officers and agents, to conduct and prosecute 

the business of said corporation, as they shall deem neces- 
Further powers sary ^^^ proper; and they shall also have power, for good 
cause, to be entered, together with the proof thereof, in 
their minutes, to remove the president of said company 
from office. The said directors shall cause to be kept 
duly recorded in books to be provided and kept for the 
purpose, minutes of all their proceedings and regular aC' 
counts of their transactions, as also minutes of the proeeed- 
ings of the stockholders at each of their meetings: which 
fiooki may be books may, at any time, be inspected by any of the stock- 
inspected holders. The said directors shall have power to supply 
Can supply va- ^"7 vacancy which may occur in the office of president or 
eanciee in their own body : and the president or directors thus ap- 

pointed shall hold the office until the next annual election 
of such officers. 

Sec. 5. The directors may, from time to lime, at any 
Cftoatseu meeting, assess and require payment of such sum of mon- 
ey, not exceeding fifty per centum upon each shareof stock 
as shall be judged necessary for the purposes ofthe corpor- 
ation, to be paid at Shelbyville, to such person as the said 
directors may designate and authorise to receive the 
Noiicehow same. And if after publication of notice, once a week, for 
*"•" two months, in the newspaper at or nearest to Shelby- 

ville, of the time of payment and of the person appointed 
to receive the same of any proprietor or instalment of said 



lIVCORPOJtATKJN LAWS. 321 

tapital stock, any stockholedr shall fail to pay his instal- 
ment at the time specified in said notice, the amount paid 
by such delinquent stockholder previously shall be for- 
feited to the company, and his stock may be sold to any j„jj^,njy^j 
person for such price as may be agreed dpon between the stock may M 
said company and the purchaser. so'd 

Sec. 6. The stock of said company shall paSS in the g,^^n,^_p^ 
same manner as personal estate, to the representatives oF 
each stockholder. 

Sec. 7. Service of process on the president of said com- 
pany shall be deemed and taken as sufficient Service on 
the corporation, in any suit which may be instituted against 
it, and for any violations of any of the provisions of this 
act the said incorporation shall be held to answer by scire ^. - , • 
facias, in the Shelby county circuit court; and if, upon the 
trial thereof, it shall appear that such violations have been 
committed, and it shall be so found, the said court may ind 
shall givejudgment revoking this charter. Any such pro- 
ceedings by scire facias for such violations shall be insti- 
tuted and prosecuted in the name of the people of the 
^tate of Illinois against the said corporation; 

A ppROVKn 4th March, 1 837. 



An ACT to iiicoipoiaifi the Webster, Ottawa and Kishwakee Rail Road , , »i . 

Company. '"^''^* ^'''^ 

4, 1837 

Skc. 1. Be it enacted hy 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 the corporation hereby created, shall be, fo°J5*'f™fy" ^ 
and for the term of forty years, from and after the passage years. 
of this act, shall continue to be a body corporate and 
politic, by the name of the " Webster, Ottawa &; Kiskwa- 
kec Rail Road 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 May make by* 
equity, may make and use a common seal and alter '*^' "'' ''*^® 
the same at pleasure, may make by-laws, rujes and reg-^c!"""°"**"^ 
ulations for the management of its property, the regula- 
tion of its affairs, and for the transfer of its stock, not in- 
consistent with the existing laws and the constitution of 
this state, and of the United States; and may moreover 
appoint such subordinate agents, officers and servants, as 
the business of the said corporation may require and al- 
low to them a suitable compensation, prescribe their dii- 

41 



a^ INCOKPORATlOiN LAWS. 

ties and require bond for the faithful performance thereoJf) 
in such penal sums and with such sureties as they may 
choose, who shall hold their offices during the pleasure of 
a majority of the directors of said corporation. 
J'r'lJ/r™" ^^^' ^ The said corporation shall have the right to 
construct, and during its continuance to maintain and con- 
tinue a rail road, with a single or double track, and with 
such appendages as may be deemed necessary for the 
convenient use of the same, from some eligible point at or 
near the town of Bloomington, in the county of McLean, 
or north of said town, on the central rail road to Web- 
ster, Ottawa, Kishwakee, and from thence in a northerly 
direction to intersect the Galena and Chicago Rail Road, 
jat such point as shall be determined after a survey shall 
have been made of the route to be proper and^conveni- 
ent therefor. 
Amount of Sec. 3. The capital stock of said corporation shall be 

Capital Stock. ^^^ hundred thousand dollars, which shall be deemed per- 
sonal property and shall be divided into shares of one hun- 
Capitai Scock drcd dollars each. The capital stock of said corporation 
inaybejncieas- j^g^ ,^^ ^^y ^-^^^^^ hereafter be increased to a sum not ex- 
ceeding one million of dollars, if the same shall be jud- 
ged necessary to the completion of the said work, and the 
same shall be subscribed for and taken under the direc- 
tion of the directors of said corporation, whenever they 
shall direct one or more books to be opened for such pur- 
poses, and shall be subscribed and taken in such manner 
as the directors of said corporation for that purpose shall 
order and appoint. 

Sec. 4. James Allen, E. D. Taylor, Theophilus W. 
Smith. M. L. Covell, David Davis, Franklin Brattan, 
Henry Green, Jacob Moon, William Stadden, Henry 
Madden, Thomas R. Coles, John F. Henry, Ebenezer 
Peck, John J. Stuart, and J. W. Fell, shall becommission- 
Comiiii.-sioiipi- 6rs for receiving subscriptions to the capital stock of said 
to give notice corporation, who shall give notice within twelve months 
of the time aiK)j^r^^,p ^^j^^ pasagc of thls act, of the time and place where 
nig'^bo°ok°.' '^' ' books will be opened, at Ottawa and Bloomington, and 
such other places as they may deem necessary, in some 
public newspaper printed in this state, at least thi.^y days 
previous to the opening such books, for the receiving sub- 
scriptions to the capital stock of said corporation. The 
majority of the commissioners shall attend at the times 
and places appointed by such notices for the opening of 
the hooks, and shall continue to receive such subscrip- 
tions to the capital stock of the said corporation, from all 
persons who will subscribe thereto, until the whole 
amount thereof shall have been subscribed, when the 
said books shall be closed : Each subscriber at the time 



INCORPORATION LAWS. 323 

of subscribing shall pay to the commissioner one dollar Amount to be 
on each share of the stock subscribed for by him, and the paj^ by suhscri- 
said commissioners shall, as soon as thedirectors are elect- 
ed deliver to them the whole amount so received. 

Sec. 5. The affairs of said corporation shall be mana- 
ged by a board of seven directors, to be annually chosen _,. , . . 

P , "^ , , , , - I , '' Directors to bo 

by the stockholders from among themselves as soon as may chosen. 
be after the stock has been subscribed. The commission- 
ers shall give notice of the time and place at which a 
meeting of the stockholders will be held for the choice of 
directors, and 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 stock- Election to be 
holders present shall proceed to elect their directors by ^^^'^ ^ "'/'a' 
ballot, and the commissioners present shall certify the re-*^^ 
suit of such election, under their hands, which certificate 
shall be recorded in the books of the corporation, and shall 
be sufficient evidence of the electioa of the directors 
therein named. All future elections shall be held at the 
iime, and in the manner prescribed by the by-laws and 
regulations of said corporation. Each stockholder shall 
be allowed as many votes as he owns shares at the com- 
mencement of each election, and a plurality of votes shall 
determine the choice, but no stockholder shall be al- 
lowed to vote at any election after the first, for any stock 
which shall have been assigned to him, within thirty days 
previous to the day of holding such election. The said di Term of office, 
rectors shall hold their offices for one year after their elec- 
tion, andshall elect one of their number president of 
the said board. 

Sec. 6. The said corporation is authorised to construct, Corporation 
make and use a single or double rail road or way, of suita- "^^y construct 
ble width and dimensions, to be determined by said corpo- 
ration, on the line, course or way which may be designated 
and selected by the directors as the line, course or way 
whereon to construct and make the same ; and shafl have 
power to regulate the time and manner in which goods, 
effects and passengers shall be transported, taken and 
carried on the same, and to prescribe the manner in 
which the said rail road shall be used, by what force the 
carriages to be used thereon may be propelled, and the 
rates of toll on the transportation of persons or property 
thereon; and shall have power to eiect and maintain May constnm 
houses, toll gates and other buildings, for the accommoda- *°'' ^"^®*' ^^' 
tion and management of the said road, and transport 
thereon as may be deemed suitable to their interest. 
And it shall be lawful also for the said corporation to 
unite with any other rail road company already incorpo-; 



S94 INCORPORATION LAWS. 

ifatedjOr which may be incorporated upon any part of ihe 
route of the said rail road,uponsuch terms as may be agreed 
upon by the directors of said companies. 

Sec. 7. It shall be lawful for the said corporation to 

commence the construction of said rail road or way, at 

such points on any part of said route or routes, as in its 

judgment may appear expedient and proper. Said cor. 

Corporation poration are authorised to borrow any sum of money 

may borrow which may in their discretion be deemed necessary, not 

money. exceeding its capital stock, to aid in the construction of 

said roads. 

Sec 8. In case the corporation shall not be able to ac- 
quire the title to the lands through which the said roa^ 
shall belaid, by purchase or voluntary cession, it shall be 
.May approprj- lawful for said corporation to appropriate so much of sai^ 
ate certain lands as may be necessary for its own use, for the purpo- 
lands, ggg contemplated by this act, on complying with the pro- 

visions of the six following sections. 
Dircctora may Sec. 9. The directors may present a petition to the 
ur««ent a peti- j^jge of the circuit court of ihe county, in which the 
said land rnay be situated, setting forth by some proper 
description the lands which are wanted for the construc- 
tion of said rail road, or the appendages thereto, and the 
names of the owners thereof, if known, distinguishing 
with convenience if it can be done, the parcels claimed in 
severally by the respective owners, and praying for the 
appointment of appraisers to assess the damages which, 
the owners of such land will severally sustain, by reason 
pf the appropriation thereof, by the said corporation, to 
its own use. 
Cireait Judge Sec. lO. On the presentment of said petition, said cir- 
to direct notice cuit judge shall appoint a day for the hearing of the par- 
tobegivcn, (tc jjgg -j^ interest, and shall direct such notice as he shall 
deem reasonable to be given of the time and place of 
hearing; and in case it shall appear that any of the 
owners of said lands is a feme covert, an infant, or in- 
sane or otherwise incompetent [person] to take proper care 
of his or her interest-, it shall be the duty of the said judge 
to appoint some discreet and reputable person to act in 
the premises, in his or her behalf. 
Judge to ap- Sec. U. At the time appointed for such hearing, the 
jjoint persons g^jd judge shall appoint three disinterested persons, free- 
toaBsesjdatn- j^Qj^j^j-g^ residents of the county in which said lands may 
lie for the purposes of assessing such damages, and in the 
order in which they were appointed shall direct and 
specify what lands are proposed to be appropriated and 
occupied by said corporation for the purposes aforesaid 



INCORPORATION LAWS. 325 

Skc. 12. Said appraisers, after being duly sworn by Appraisers to 
some Officer properly authorised to administer oaths, hon- "^*^-* damagei 
estly and impartially to assess such damages, shall proceed 
by viewmg said lands, and by such other evidence as the 
parties may produce before them, to ascertain and assess 
the damages which each individual owner will sustain by 
the appropriation of his land for the use or accommoda- 
tion of such rail roads or their appendages. 

Sec. 13. The said appraisers shall make a report to Appraiser* to 
the said judge, in writing under their hands, reciting the "'^^e r«port. 
order for their appointment and specifying the several 
parcels described therein with all necessary certainty, the 
names of the owners of tiie respective parcels if known, 
and if not known, stating that fact and specifying also 
the damages which the owners of the respective parcels 
will sustain by reason of tlie appropriation of the same 
for the purposes aforesaid; and in case either of the par- 
ties is dissatisfied with the assessment, the said judge may, 
on hearing the parties, modify the assessment as to him 
shall appear just. 

Sec. 14. On the payment of the damages thus assessed, 
together with the expenses of assessment, as the same 
shall be settled by said judge, or on depositing the amount 
thereof for the use of such owners, in such bank or mon- 
icd incorporation as the said judge shall direct, the said 
corporation shall immediately become entitled to the use ^°'Pp.'"^ '°"*"" 
of the said lands, for the purposes aforesaid; and the re i^nj^ 
port of the said appraisers with the order of the said judge 
modifying the same, if the same shall have been modified, 
shall be recorded in the office of the recorder of the le^orded!* 
county in which said lands shall be situated, in the same 
manner and the like effect as deeds are recorded, without 
any other proof than the certificate of the said judge 
that the report is genuine. 

Sec. 15. And when the said order shall have been so Corporation to 
recorded as aforesaid, the said corporation shall be seized j^" possessed of 
and possessed of such land or real estate, and may enter 
upon and take possession of, and use the same for the pur- 
poses hereinbefore recited. 

Sec. 16. Said corporation shall be bound to repair all <^°'P°''^''ont'' 
public highways, bridges and water courses, which may be "^y" ^^ " 
injured in constructing the said rail road, or its appen- 
dages, and shall restore them to as good a condition as 
they were in before they were injured. 

Sec. 17. The said corporation shall be allowed three Tj^e allowed 
years from the pasage of this act for the commencement to commenc* 
of the construction of the said rail road, and in case the ^ S"'^'' '^°^'^' 
same shall not be completed within fifteen years thereaf- 
ter, the privileges herein granted shall be forfeited. 



326 INCORPORATION LAWS. 

Persons liabio Sec. 18. Any person who sball wilful!)' injure said 
to tofeitures. j-oad, or any appendages thereto, shall be guilty of a 
misdemenor, and shall forfeit to the use of the corpora- 
tion a sum equal to three times the amount of damages 
occasiond by such injury, to be recovered, with cost of 
suit, in the name of such corporation in an action of debt, 
before any court having cognizance thereof, or before any 
justice cf the peace in the county where such injury or 
offence may have been committed. 
Act a public Sec. 19. This act shall be deemed and taken as a public 
act, and shall be construed beneficially for all purposes 
herein specified or intended, and all copies thereof print- 
ed by or under the direction of the General Assembly of 
this State shall be received in all courts and places what- 
soever, as sufficient evidence thereof without further 
^roof. 

Approved 4th March, 1837. 



act. 



In force 4th AN ACT to incorpoiale the Chicago and Michigan City Rail Road 

March, 1837 Company. 

Sec. 1. Be it enacted by the People of the Stale of Illinois, 

represented in the Genera Assembly, That all such persons as 

shall become stockholders agreeably to the provisions of this 

Body poiiUc &, act, in the corporation hereby created, shall be, and for the 

corporata crea- ^^^^ ^^ forty years from and after the passage of this act, 

shall continue to be, a body corporate and politic, by the 

name of the "Wabash and Indiana Rail Road Company," 

and by that name shall have succession for the term of 

years above specified; may sue and be sued, defend and be 

Have a com- defended, in any court of law and equity; may make and 

"°k *b*^i ^""^ ^^® ^ common seal; may make by-laws and regulations 

ma e y- aws ^^^ ^^^ management of its property, the regulation of its 

affairs, and for the transfer of its stock, not inconsistent 

with the constitution of the United States, and of this State, 

To appoint a- and the laws thereof; and may moreover appoint such sub- 

and'^ervants'^ ordinate agents, officers and servants, as the business of 

and prescribe the Said corporation m^ require, and allow to them a suit- 

thcir duties able compensation, prescribe their duties, and require 

bond for the faithful performance thereof, in such penal 

sum, and with such sureties as they may choose, who shall 

hold their offices during the pleasure of a majority of the 

directors of said corporation. 

To construct a ^Ec. "2, Thc Said Corporation shall have the right to 

rail road construct and during its continuance to maintain and 



INCORPORATION LAWS. 327 

continue a rail road with a single or double track, with 
such appendages as may be deemed necessary for the con- 
venient use of the same, from the, eastern boundary line 
of this State, at such point as may be selected, to such 
point at or near the town of Chicago, as shall be determin- 
ed after a survey shall have been made of the route, not 
interfering with other routes heretofore given, to be most 
eligible and proper therefor. 

Sec. 3. The capital stock of the said company shall be Capital stock 
one million of dollars, which shall be deemed personal P^y""*' P'°P" 
property, and shall be divided into shares of one hundred 
dollars each. 

Sec. 4. Francis C. Shcman, Hiram Pearson, Edmund 
D. Taylor, Charles V. Dyer and L. D. Boone, shall be com- 
missioners for receiving subscriptions to the capital stock 
of said corporation, who shall give notice of the time and Notice of the 
place of the opening of the books for subscriptions to said *'"'® *: P'*" 

r , « 1 II 1- . ji ■ 1 • 1 .1 1 11 of opening sub- 

slock, and shall direct the manner in which the same shall scription books 
be taken; a majority of said commissioners shall be suffi- 
cient to make a quorum of the board for such purposes. 

Sec. 5. The affairs of said corporation shall be manag- ^.^°*^ corpora^" 

ju ujr j-i.i.u 11 u "°" managed 

ed by a board of seven directors, to be annually chosen 
by the stockholders from among themselves, as soon as 
may be after the stock has been subscribed, of which due 
notice shall be given; the commissioners, or a majority of 
them, shall attend for such purpose, and shall certify the ^'^en and how 
persons elected, which certificate shall be sufficient evi- "^ ^^^"^ 
dence of their election; all future elections shall beheld at 
the time, and in the manner, prescribed by the by-laws of 
said corporation; each stockholder shall be allowed as 
many votes as he owns shares at the time of such election. 
The said directors shall hold their offices for one year after Term of office 
their election, and shall elect one of their nnmber presi- 
dent of said board. 

Sec. 6. The said corporation shall have the right to 
construct said road, and shall have power to regulate the Right to con- 
time and manner in which goods, effects, and passengers, st'uct and rc- 
shall be transported on the same, andthemanner in which ^"'*'* '°*'^ 
the same shall be used, by what force the carriages to be 
used thereon may be propelled, and the rates of toll on the 
transportation of persons or property thereon; and shall 
have power to erect and maintain houses, toll-gates, and '^"°''"'*°''" 
other buildings for the accommodation and management 
of the said road and transportation thereon. 

Sec. 7. In case the corporation shall not be able to ac- 
quire the title to land through which said road shall be 
laid, by purchase or voluntary cession, it shall be lawful 
for said corporation to appropriate so much of said lands 
as may be necessary for its own use, for the purposes con- 



328 INCORPORATION LkW&. 

templated by this act, by three commissioners to be ap- 
pointed by the circuit court of the county in which such 
Damages tube lands may lie, valuing such lands and the damages the own- 
assessed and gj. thereof may sustain by such appropriation thereof, and 
paying to the owner the amount thereof; said commis- 
sioners shall be sworn faithfully to appraise the value of 
the same, and on the payment of such value the lands 
shall vest in fee simple in said corporation. 
To construct Sec. 8. Said corporation are authorized to construct the 
road acrosswa-said rail road across any water course, road, or other pub- 
tei coures, &c. jj^ highway, and shall be bound to repair all public high- 
ways and water courses which may be injured in construct- 
ing the said rail road, and shall restore them to as good a 
Condition as they were before they were injured. This 
A public act j^^t ghall be deemed and taken as a public act, and shall 
jyj ... J be construed beneficially for all purposes herein specified, 
eti ' The company chartered by this act shall be dissolved, and 

this act become null and void, unless the stock in said com- 
pany shall be all taken, and twenty thousand dollars be ex- 
pended in the construction of said road within five years? 
Approved 4th March, 1837. 



If. M . u AN ACT to amend the act incorporating the Beardstown and Sangamon 
4th, 1837 ^^"'^^ Company. 

Sec. 1. Be it enacted by the people of the Slate of Illinois^ 

represented in the General Asscvxbly^ That so much of the 

PartofSthsec eighth section of the act entitled "An act to incorporate 

tion of act the Beardstown and Sangamon Canal Company," approv- 

repeae ^^ ^^^^ ^^ Y)ec.^ l835, as required said company to file a 

copy of the map of the line or location of the canal, with 

the recorder of each county through which the canal passesj 

be, and the same is hereby repealed; and the first provisol 

Proviso repeal- ^^ ^.^6 tenth section of said act is also repealed^ 

Approved 4th March, 1837* 



INCORPORATION LAWS. 9130 

AN ACT to incorporate the Carroll ton Steam Mill IVIanufacturing Company. In force Match 

4 1837. 
Sec. 1. Be ii enacted by the People of the State of fllinois, 
. represented in the General Asstifibly, That John Evans and 
all SHch persons as shall become subscriber's to the stock 
hereinafter described, shall be and they are hereby con- 
stituted and declared a body politic and cbrpbrate, by the corporation 
hame and style of the "CarroUton Steam Mill Manufactur- created and 
ing Company," from and after the passage of this act, and their priviie^t* 
by that name they and their successors shall have succeS' 
sion, and shall in law be bapable of suing and being sUcd, 
pleading and being impleaded, in all coui'ts and places 
whatsoever; may have a common seal, alter and change 
ihe same at their pleasure. And they and their successors 
may also by that name and style be capable in law of con- 
tracting and beihg contracted with, of purchasing, holding, 
and conveying away real and personal estate for the pur- 
pose and use of the said corporation as hereinafter limit- 
ed. 

Sec. 2. The president and directors of said company 
hereinafter provided for shall have power and are hereby 
authorised to carry on the manufacture of the agricultural 
products of the country, and other useful branches of bu- 
feiness, to erect mills, machiries,works, and suchother build- 
ings as may be necessary to carry on their business, and 
ienter into all contracts which may concern the use and 
management of the property^ affairs, and interests of the 
said company; 

Sec. 3. The capital stock of the said company shall Capital stwk^ 
iponsist of one hundred thousand dollars, divided in to shares 
of one hundred dollars each. 

Sec. 4. That for the purpose of carrying intb effect the 
objects of this corporation, the person named in the first 
section of this act is hereby appointed a commissioner to CommjisioBat^ 
obtain subscriptions to the capital stock of said company, reriptionf to" 
and may open books for said subscription at such times and «tocii 
places as he may deem expedient, and when at least five 
hundred ofsaid shares shall have been subscribed, and one 
dollar on each share paid thereon, said commissioner shall, 
within thirty days thereafter, call a meeting of the stock- Notiee to b« 
holders at CarroUton, in Greene county, by a printed no-**''*" 
tice in some newspaper of general circulation in this 
state. 

Sec 5. That at said nieeting the stockholders of said Stocitholders to 
company shall proceed to elect five directors, who shall "'«" directori. 
manage, direct, and govern the affairs of said company one 
year from the period of said election, and until their suc- 
cessors, who shall be vested with the same authority, ar^ 
elected. 

43 



S30 ii^CORPORATlON LAWS. 

Vote of stock Sec. 6. And, that at said elections each stockholde'f 
hoid«ri gj^j^n i^Q entitled to give one vole for each share of stock 

he may hold, and a majority of all votes given shall be re- 
quired to make an election. 

Sec. 7. That the period of election shall be annually on 
iectiou*o be ** *^^ ^^^^^ Monday of the month in which the first election 
hrid shall be held, and if it shall so happen that any election 

docs not take place upon the day appointed, thesamemay 
be held on any day thereafter, the acting president giv- 
ing the notice thereof, required in the first section. 

Sec. 8. That immediately after the directors are cho>» 
sen as above, they shall hold a meeting, at which, and all 
subsequent meetings, a majority shall constitute a quorum; 
p that they shall proceed to the election of a president from 

cers*""" " '^'^^ of their number, asecretafy, who shall be sworn by a 
To be sworn justice of the peace to the faithful discharge of his duty, 
and his duty and who shall record all the proceedings oT the said cor- 
poration under the direction of the said president and di- 
rectors, in a book to be kept by him for that purpose; h 
treasurer, whoshall give bond to such amouhtand in such 
t>re»ident and manner as the said president and directors shall direct, 

'''?'^'°"'° "P' and appoint such other officers and aecnts as to them mar 
point otncers ^^ ° ' 

*^ seem necessary. 

Sec. 9. That the said president and directors shall have 
Power to make powcr from timc to time to make all such by-laws, rules, 
by-laws and regulations, not inconsistent with the constitution 

and laws of this state or of the United States, which may 
be necessary for the paymentor collection of subscriptions 
to its stock and the transfer of the same, the conveyance 
of property, the pryment of collection of dues to or from 
said company, or that in any other way concern the inter- 
ests, management, or direction of the affairs of said com- 
pany. 
Ccnporation Sec. 10. The corporation hereby created shall conti- 

•oiVe'd'* ^"^ ""^ ^^^ *^^ ^^^^ ^^^^^y y^^^^' 

Sec. 11. This act to be in [force] from and after its pas- 
Act deemed a sagc, and shall be taken and considered a public act in all 
public act courts of record, and also, in all courts of justices of th-e 
peace, and shall be b'eneficitilly construed. 

Sec. 13. The powers, provisions, rights, nnJ immunl- 

Act conferred ties hereby granted by this act to the Carrollton steam 

on company mill manufacturing company, be and the same are hereby 

fully to all intents and purposes conferred upon Jesse C. 

Smith, his associates, successors and assigns, under the 

Name stjle and name of the ''Mississippi River Company;" and 

PiiviipjOT the said company may erect mills, works, and buildings far 

manufacturing purposes at or below the town of Grafton, 

on the Mississippi river, and m^y export their products and 

manufactures. And said Smith is hereby appointed com- 



INCORPORATION LAWS 38l 

mlssioner to obtain subscrtptions for said stock, in manner 
provided in the fourth section of this a<:t. And the first 
meeting of said stockholders shall be held at Grafton 
aforesaid, in Greene county. 
Approved March 4th, 1837. 



AN ACT supplemental to the act incorporating the Kaskaskia Bridge In force March 
Company. 4^ 1837- 

Sec. 1. Be it enacted by the people of the State of Illinois^ 
represented in the General Assembly^ That the provisions 
of the act passed at the present session of the Gene- 
ral Assembly, incorporating the Kaskaskia Bridge Compa- Act veiatring 
ny, which requires the company to permit the citizens oftoKasitaskia 
the county of Randolph to pass free from toll, are hereby Biidge Compa- 
repealed; and the county commissionersof Randolph coun- co/commis- 
ty are hereby authorized to subscribe for five thousand sioners of Ran- 
dollars worth of stock in the said company, to be paid out '•"'p*' co. may 
of the appropriation made to Randolph county by the How^imIc to 
15th article of the I8th section of an act entitled "An be paid 
act to establish and maintain a general system of Internal 
Improvements," passed during the present session of the 
General Assembly, so soon as the same shall be received 
by said county. 

Sec. 2. The county commissioners of White county are Co. commii- 
hereby authorized and required to subscribe for five thou-^"f"°*^ 
sand dollars worth of stock in the Carmi Bridge Company, may stbswibe^ 
to be paid out of the appropriation made to White county stock to Carmi 
by the I5th article of the eighteenth section of an act en- ^^'^^^^ compa- 
titled "An act to establish and maintain a general system "^ 
of Internal Improvements," passed during the present ses- 
sion of the General Assembly, so soon as the same shall 
be received by the said county of White. 

Approved 4th March, 1837. 



AN ACT to incorporate the Illinois Manufacturing Company. In force Much 

4, 183'7 

Sec 1. Be it enacted by the People of the State of Illinois^ 

represented in the General Assembly, That Joseph Webster, 

Priam B. Hill, S. H. Pitkin, N. Walker, P. H. Hart, J. 

Benson, Jacob Ellis, Stephen Rigden, Joseph L. Sharp, 



33a INCORPORATION L\WS. 

Andrew Lazwell, Augustus Coffman, R. Townley and N. 
B. Childs, and their associates and successors, be, and they 
Created a body ^^^ hereby constituted a body politic and corporate, un- 
poiiiic and coi- der the name and style of the "Illinois Manufacturing 
poi-ato Company," from and after the passage of this act, and by 

that name they and their successors shall have succession; 
Powers of cor- £tnd shall inlaw be capable of [suing and] being sued, plead- 
poration jqg and being impleaded, in all courts of justice and places 

whatsoever; may have a common seal, alter and change the 
same at their pleasure; and they and their successors may 
also by that name and style be capable in law, of purchasing, 
holding, and conveying away, realand personalestate;whicn 
real estate, except the lots of land on which the build- 
ings, mills, and warehouses of the company are erected, 
shall not exceed two sections, except such as may be 
held as collateral security for debts bona fide owed to the 
corporation, or may become the property thereof by such 
indebtedness; and further, no real estate acquired by such 
indebtedness shall remain the property of said corpora- 
tion for a longer period chan five years, under the penalty 
of a forfeiture thereof to the people of this State, 
freiidenw awd Sec. 2. The president, directors and company, herein- 
pjrecion' du» after provided for, shall have power, and arc hereby au- 
thorized to carry on the mining of coal or other minerals; 
the manufacture of flour, corn meal, wool, hemp, lumber, 
iron, and other agricultural products; to export their 
products and manufactures; to erect mills, fuvnaces, ma- 
chines, and such other buildings as may be necessary 
to carry on their business, and to enter into all contracts 
which may concern the use and management of said pro- 
perty. 
iDapital itock Sec. 3. The capital stock of said company shall be one 
hundred thousand dollars, with power to increase the same, 
by a vote of a majority of the stockholders, to any sum not 
exceeding three hundred thousand dollars; Provided^ That 
the total amount of debt which said corporation shall 
at any one time owe, shall not exceed the one half of the 
amount of their capital stock actually subscribed. 
How fubscrip- ^Ec. 4. Subscription to the capital stock of said compa- 
tioiistobco- ny shall be opened under the direction of the persons 
?•"•'* heretofore named, and if more than one hundred thousand 

dollars shall be subscribed, they shall distribute the stock 
among the several subscribers, in such manner as they 
shall think most conducive to the interests of said cor- 
poration. The stock of said corporation shall be divided 
No. of shares into one thousand shares of one hundred dollars each; 
and it shall be the duty of the directors for the time 
being, to require to be paid in at the time of subscribing 
for stock, five dollars on each share, and to call for an<} 



INCORPORATION LAWS 333 

demand of the said stockholders respectively, all sums of 
money by them subscribed, at such time, and in such pro- 
portions, as they shall see fit, under the penalty of the for- 
feiture of their shares and previous payments made there- 
on, to the said corporation, always giving thirty days no- 
tice in a newspaper printed in or nearest Fulton county. 

Sec. 5. That the general place of meeting of said com- Place of m«et. 
pany shall be at Bernadotte, in Fulton county, in this »"6 
State; but the president and directors of said company 
may select such other places of business, as to them may 
seem fit, for the genera) purposes of said company; Provid- 
ed, That said company shall not be authorized to erect any 
mills, or other buildings, or to engage in mining, in any 
county in this Stale, save those of Fulton and Peoria coun- 
ties, unless the said company shall first obtain the consent 
of the county commissioners' court, in such other counties ; 
which consent, so obtained, shall be entered on the records 
of the court or courts granting the same. 

Sec. 6. The stock, property, and concerns, of said cor- StKk andcon- 
pyoration, shall be conducted by five directors, who shall at "•""*' ^J^ 
the time of their election be holders respectively of not""*"^** 
less than five shares of the capital stock of said compajiy; 
a majority of said directors shall form a quorum, and the 
period of election shall be annually on the first Monday in 
the month in which the first election was held. 

Sec. 7. The directors-ofsaid company shall have power Directors' pow- 
to appoint a secretary and treasurer, or one person who®'* 
may fill the office of secretary and treasurer, and such oth- 
er officers and agents as may be necessary for carrying on 
the business of said company. Said directors sheill hold 
their offices for the term of one year, and "shall be choren ^"^ of cffic* 
by the stockholders or their proxies, which shall be by bal- How choseo 
lot; each share of the capital stock shall be entitled to one 
vote, and the persons receiving the greatest number of 
votes shall be deemed duly elected; said directors shall 
appoint one pf their number a president, which president 
and directors bo chosen shall constitute a board, or the ma- 
jor part of them,and,be competent to the transaction of bu- 
siness, and may, from time to time, make and prescribe To make by- 
saeh rules and by-laws, and regulations, relative to the Jaws, rules and 
concerns of said corporation, as may be requisite for carry- "^"'*'^°"* 
ing on the business of said corporation. 

Sec. 8. The secretary of«aid corporation shall be duly Secretary tob« 
sworn by a justice of the peace, or a judge of the circuit'*"" 
court, to the faithful discharge of his duties; and the said 
company shall at all times keep proper books of account. Proper books 
in which shall be registered the transactionsof thecom-'°''®^®P' 
pany, and the same shall at all times be open to the inspec- 
tion of the stockholders; and it shall be the duty of the di' 



334 INCORPORATION LAW;*. 

rectors to make annual dividends, or at such other times 
as the directors shall direct, of so much of the profits of 
said company as to them, or a majority of them, shall 
appear advisable; and the directors, whenever required by 
a majority of the stockholders, shall exhibit at a general 
meeting a full and perfect statement of all the debts and 
credits, and all such other matters as may be deemed essen- 
tial, relating to the affairs of the company. 
Stock deemed Sec. 9. The stock of said corporation shall be deemed 
penona P«p- pergonal property, and assignable and transferrableon the 
books of the corporation; but no stockholder indebted to 
the corporation shall be permitted to make a transfer un- 
til such debts be paid, or secured to be paid to the satis- 
faction of the directors. 
Commissjonera Sec. lO. That for the purpose of carrying into effect the 
lo carry into objccts of this corporation, Joseph Webster, Priam B. Hill, 
*^*^' S. H. Pitkin, N. Walker, P. H. Hart, Jesse Benson, Ja 

cob Ellis, Stephen Rigdon, Joseph L. Sharp, Andrew Laz- 
well, Augustus Coffman, R. Townley and N. B. Childs, are 
hereby appointed commissioners to obtain subscriptions to 
the capital stock of said company; and said commissioners, 
or amajority of them, after giving general notice thereof in 
some paper printed in this State, may open books for the 
subscription of said stock, at such times and places as they 
may direct, and keep the same open until at least ten thou- 
sand dollars shall be subscribed. When such subscription 
is complete, or when the amount of ten thousand dollars 
shall have been subscribed, within sixty days thereafter, 
the said commissioners, or a majority of them, shall call a 
meeting of the stockholders at Bernadotte, in Fulton 
county, for the purpose of organization, by a printed no- 
tice' in some newspaper of general circulation within this 
State. 
Duration Sbc. ll. The corporation hereby created shall continue 

for the term of thirty years from and after its passage; 
Proviso "Provided^ hozoevery That if said company shall not have 

been organized under this charter, and the works located, 
and busmess commenced, within three years from and ^f-« 
ter the first day of July next this act shall be void and of no 
effect; And provided also, That unless the said company 
shall have expended twenty thousand dollars upon the 
aforesaid works, within five years from the passage of thig 
act, this corporation shall expire and be null and void. 
A public act Sec. 12. This act is hereby declared to be public, ai)4 
shall take effect from and after its passage, 
AppBOVED 4th March, 1837. 



mtJORPORATlON LAWS. 335 

AN ACT to incorporate the town of Carlinviile. [„ force 4th 

Maich, 1837; 

Sec. 1 . Be it enacted by the People of the State oj Illinois, 
represented in the General Assembly, That the inhabitants and 
residents of the town of Carhnville, in Macoupin county, 
are hereby made a body corporate and politic in law and Inhabitants 
in fact by the name and style of the "President and Board niade body 
of Trustees of the town of Carlinville," and by that name p°(fj^^'* *" 
shall have perpetual succession and a common seal, which 
they may alter at pleasure, and in whom the government 
of the corporation shall be vested, and by whom its affairs 
shall be managed. 

Sec. 2. The boundary of the said corporation [shall] be, 
and the same is hereby declared to extend a half mile Boundary of 
north, east and west, from the centre of the public square, •=o'^P°'^**'«"»' 
and south, to the prescribed limits of the town plat as 
recorded in the county of Macoupin. 

Sec. 3. That the present trustees shall continue in of- 
fice until the first Monday in February next, and until ^^Jf^^^^"" "J,,,^ 
their successors are duly elected and qualified, and forever heU. 
thereafter an election shall be holden on the first Monday 
of April annually, for five trustees, to ho'd their ofiices one 
year, and until their successors are qualified; and public 
notice of the time and place of holding said election shall 
be given by the president and trustees, by an advertise- 
ment published in a newspaper in said town, or posting it 
up in at least four of the most public places in said town; 
no person shall be a trustee of said town who has not ar- 
rived at the age of twenty-one years, who has not resided 
in said town six months next preceding his election, 
and who is not at the time thereof a bona Jide freehol- 
der, and moreover who has not paid a corporation tax; Who quaiiffetl 
and all free white male inhabitants over twenly-xme ^ v°*"* 
years of age, who have resided in said town three months 
next preceding an election, shall be entitled to vote for 
trustees. And the said trustees shall at their first meeting, 
proceed to elect one of their body president^ and shall have 
power to fill all vacancies in said board which may be oc- 
casioned by death, resignation, removal, or six months ab- Trustees to ap- 

sence from the town, and to appoint a clerk and assessor, poj"* officers & 

'. , '^^ , , ,11. collect noef. 

a treasurer, a street mspector, and a town constable, to 

give bond and security in such amount as the trustees may 
requre. And the said town constable shall take an oath or 
affirm before some justice of the peace that he will faith- 
fully discharge the duties of said office; and it shall be his 
duty to collect all fines and to serve all processes at the 
suit of the corporation, and to do such other matters and 
things pertaining to the office, as may be required of him 
byi the ordmances and by-laws of said corporation. 
Sec 4. The said corporation is hereby made capable 



336 INCORPORATION LAWS. 

n law, to take and hold to themselves and their sncress- 
Powers of cov-ors, any lauds, tenements, hereditametits, and the rents, 
poratwn to issues, and profits thereof, which may be necessary for the 

make improve- ^. r^ i . i .1 ii- i mj- 

ment. erection 01 any market house, or other public buildings, 

to promote the interest and public good of the citizens of 
said town, and the same to sell, ^rrant and dispose of, if ne- 
cessary* They shall also have power to regulate, to grade, 
fjave and improve the streets, lanes and alleys, within the 
imits of said town and corporation, and to extend, open^ 
and widen the same, making the persons injured thereby 
adequate compensation, to ascertain which, the board shall 
cause to be summoned twelve good and lawful men, free- 
To pay dama- holders and inhabitants of said town, not directly interes- 
ges sustained on ted, who (being first duly sworn for that purpose,) shall en- 
^^f°r^l°5 '™" quire into, and take into consideration, as well the benefits 

provements. ^,.. 1.1 i- 

as the injury which may accrue, and estimate and assess 
the damages which would be sustained by reason of the 
opening, extending, widening of any street, avenue, lane 
or alley, and shall moreover estimate the amount which 
other persons will be benefitted thereby, and shall contri- 
bute towards compensating the person injured, all of 
which shall be returned to the board of trustees, under 
their hands and seals; and the persons who shall be bene- 
fitted, and so assessed, shall pay the same in such manner 
as shall be provided, and the residue, if any, shall be paid 
May sue and out of the town treasury. And they shall sue and be sued," 
be sued, &.c. pj^jj^j ^nd be impleaded, answer and be answered, in any 
court whatever, and that all acts heretofore done by the 
board of trustees by and under the sanction and provis- 
ions of the former acts of incorporation, are hereby con- 
firmed. 

Sec. 5. The trustees aforesaid and their successors, or 

a majority of them, shall have full power and authority t6 

Jtfay pass" laws ordain and establish such rules and regulations for their 

for their gov- nr^vemment and direction, and for the transaction of the 

ernment and ? . , -' , . ^, 

direction. busincss and concerns oi the corporation, as they may 
"deem expedient, and to ordain and establish, and put into* 
execution such by-laws, ordinances and regulations, as shall 
seem nccassary forthegovernmentof saidcorporatioftj and 
for the management, control, disposition and application 
of its corporate property, and generally to do and eiecutfe' 
all and singular such acts, matters and things, which ttt 
them may seem necessary to do, and not contrary to the 
laws and constitution of this state. 

Sec 6. The said trustees shall have power to levy and 

collect a tax, not exceeding one per cent, on all lots and 

and^cou^^t'^th ^^^^^ cxclusivc of improvements and personal property, ly- 

•ame. ing and being within the incorporated limits of said town, 

according to valuation; to tax public shows, and houses 

of public entertainment; taverns, stores and groceries, fojr 



INCORPORATION LAWS. 8^7 

the purpose of making and improving the streets and keep- 
ing them in repair, and for the purpose of erecting such 
buildings and other works'of public utility as the interest 
and convenience of the inhabitants of said town may re- 
quire, and the circumstances render proper and expedi- 
ent. And said trustees may adopt such modes and means 
for the assessment and collection of taxes as they may 
from time to time fix upon and determine; and to prescribe 
the manner of selling property, when the tax levied upon 
it is not paid: Provided however^ No sale of any town lots Proviso, 
or other real estate shall be made, until public notice of 
the time and place shall be given by advertisement in the 
newspapers, or at four of the most public places in said 
tov^n, at least fifteen days previous thereto. 

Sec. 7. That the trustees of said town, or a majority of 
them shall have power to preserve good order and harmo- 
ny in said town; to punish open indecency, breaches of the To pmiinh hi 
peace, gambling, gaming houses, horse racing, shooting, oflencej. 
and all disorderly houses and riotous meetings; to remove 
obstructions in the streets and public ways, and all nuisan- 
ces, for which purpose they may make such by-laws and 
ordiriances as to them may seem expedient and not in- 
consistent with any public law of this state, and impoSis 
fines for the breach thereof, which fines shall be recovera- Fines recoveri- 
ble before any justice of the peace residing in said town. bie. 
And all suits and judicial proceedings under this act shall 
be brought in the name and style of the president and 
board of trustees of the town of Carlinville. 

Sec. 8. It shall be the duty of any justice of the peace, Duties qfju»u- 
residing in said town, and he is hereby authorised and""°*^'^*P***^* 
empowered, upon the violation of any law or ordinance of 
said corporation, to issue his warrant directed to the town 
constable, or any authorised county officer, to apprehend 
the offender or offenders, and brmg them or him forthwith 
before him, and after hearing the evidence, if it shall ap- 
pear that the said accused has been guilty of the Violation 
of any such law or ordinance of the corporation, to itn- 
pose such fine or imprisonment, as shall be pointed out in 
such law or ordinance: Provided, Such fine shall not ex- p,^,.;^ 
ceed five dollars, and imprisonment not to exceed twenty 
four hours: Provided however, That writs of certiorari and 
appeab shall be granted from judgments under this act, as 
in other civil cases; and in all criminal cases, the defen- 
dant shall be entitled to an appeal to the circuit court, by 
entering into bond or recognizance as the case maiy re- 
quire, before the justice of the peace, within twenty days 
after the rendition of the judgment, with such securities 
and in such an amount, as the justice may think right and 
proper; and all fihcs imposed for a breach of the peace or 

4:J 



338 INCOUPOIIATION LAWS. 

violation of the corporation ordinances, shall be paid into 
the treasury of said corporation. 

Sec. 9. That when any town lots or real estate shall be 

sold for taxes by virtue of this act, the same may be redeem- 

rmpcity nuiy cd at anv time within two years from the date of such 

be icileeinca. i r 'i r ■ \ , i • i 

sale by the owner o( said property, or his or her agent, 
executor or administrator, paying to the treasurer of said 
town, for the use of the purchaser of said property, the 
full amount of purchase money, with interest, at the rate 
of twelve per cent, per annum, together with costs accru- 
ing thereon. 

Sec. 10. That upon the application of the owners of 
Trustees may two-thirds of thc Ifontof the lots on any street or parts of a 
ciaitaxV^" Street, it shall be lawful for the board of trustees to levy 
and collect a special tax on the owners oi the lots on said 
street or parts of a street, according to their respective 
ironts, not to exceed one per cent, for the purpose of gra- 
ding and paving the side walks on said street. 

8ec. 11. That all ordinances of said trustees shall be 

fiiirly written out, signed by the clerk and published in a 

newspaper printed in the town, or posted up at three of 

be published. ^"® most public places in said town, and no ordinance 

shall be in force until published as aforesaid. 

Sec. 12. That justices of the peace and constables, who 
are required to render services under this act, shall be 
Justices' feea. entitled to the Same fees and collect them in the same 
manner, as now is, or hereafter may be provided bylaw. ; 
Sec. 13. That the president, or any two of the trustees, 
shall have power to call a meeting ot the board, by giving 
Quorum of ^^^ day's notice thereof, and a majority shall constitute a 
trustees quorum to do business, but a minority shall have power to 

adjourn from time to time, and compel the attendance of 
absent members. And in the event that the notice of an 
ejection is not given as required in this act, or from any 
other cause, that an annual election should not be holden 
Clerk to give at the proper time, it shall be lawful for the late clerk of 
notice o( ciec^i^g board, or any two qualified voters in said town, at any 
time thereafter, to give notice as aforesaid, of the time and 
place of holding a special election; and the trustees elec- 
ted at such special election, shall have all the powers con- 
i'erred by this act: Provided in all cases, Two-thirds of the 
qualified voters of said town or corporation, shall have 
power to dissolve the said corporation at any annual elec- 
tion for prcsiilcnt and trustees, any law to the contrary 
notwithstanding. 

This act shall take efTcct from and after its passage* 
AiTuovEi), March 4. 1837. 



INCORPORATION LAWS. 3l>9 

AN- A€T to incorporate the Gallatin Academy. In foi-ce JVarch 

4, 1837. 
Sec. 1. Be it enacted by the people of the Slate of Illinois^ 
represented in the General Assembly^ That John Lane, Tim- 
othy Guard, Thomas M. Seawell, Daniel Wood, Joseph E. 
Watkins, Tarlton Dunn, William J. Gatewood, John 
Crenshaw, and their successors be and they are hereby Created a bo- 
created a body politic and corporate, to be styled and dy politic aad 
known by the name of the President and Trustees of the corporate. 
Gallatin Accademy, and by that style and, name to re-i^^"^® 
main and have perpetual" succession; the said academy p^^^l^^^^^^^^Pg^- 
shall be and remain at or near Equality in Gallatin coun- sion. 
ty, and State of Illinois; the number of trustees shall not Where to be 
exceed twelve, one of whom shall be president of the located. 
board, to be chosen by the trustees. For the present the Trustees. 

above named individuals shall constitute the board of^ . , 

1 iii/'iii •• • jji" 3ica.ncjcs iiow 

trustees, who shall nil the remainmg vacancies at their fijied. 
discretion.. 

Sec. 2. The object of said corporation shall be the Objects of cor.- 
promotion of the general interes.t of education. poration. 

Sec. 3. The corporate powers hereby bestowed, sball po^^e^. 
be such only as are essential or useful in the attainment o/ 
said object, and such as are usually conferred ou similar 
bodies corporate, to wit: to have perpetual succession, to, 
make contracts, to sue and be sued, plead and be implea- 
ded, to grant and receive by its corporate n,ame, and to. 
do all other acts as natural persons may; to accept, acquire^ 

{lurchase, or sell property, real, personal, or mixed, in all 
awful ways; to use, employ, mar>age, and dispose of all 
such property, and all money belonging to said corpora- 
tion, in 8uch manner as shall seem to the trustees best 
adapted to promote the objects before mentioned; to. hav^ 
a common seal, and to alter or change the same; to make- 
such by-laws for its regulation, as are not inconsistent with 
the constitution and laws of the United States, or of this 
State; and to confer on such persons as may be considered 
worthy, such academical or honorary degrees as are usu- 
ally conferred by similar institutions; Provided^ Thatnoth- Pioviso,. 
ing herein contained shall be construed to authorise said 
corporation to hold more than one hundred and sixty 
acres of land at any one time. 

Sec. 4. The trustees of said corporationv shall have May regulate 
?iuthority from time to time, to prescribe and regulate the course of stu- 
course of studies to be pursued in said academy, to fix the of*tuition'^&c* 
rate of tuition, and other academical expenses; to appoint 
instructors, and such other officers and agents as may be 
necessary in managing the concerns of the institution, to 
define their duties, to fix their compensation, to displace 
or rem.ove them, to erect necessary buildings, to purchase 



840 INCORPORATION LAWS, 

books, chemical and philosophical apparatus, and other 
suitable means of instruction, to make rules for the gcn- 
ereal regulation of the conduct of the students. 
JWay fill vaoan- ^Ec. 5. The trustees for the time being, in order to 
citi. have perpetual succession, shall have power to fill any va- 

cancy which may occur in the board from death, remo- 
val, resignation, or any other cause; a majority of the 
trustees for the time being shall be a quorum to' do busi- 
ness. 
Treasurertobe Sec. 6. It shall be the duty of said trustees to appoint 
appointed. one of their number, treasurer to the board, who shall be 
required to give bond with sufficient security, in such 
penal sum as the bond may prescribe, conditioned for the 
performance of such duties as the by-laws may require of 
him. 
Not to be sec- Sec. 7. The said institution shall be open to all denom- 
taiiai.. inations of christians, and the profession of any particu- 

lar religious faith shall not be required of those who be- 
come students, all persons however, may be suspended or 
expelled from said institution by the trustees thereof, 
May expel B^u- ^l^ose habits are idle or vicious, or whose moral charac- 
«**""• ter is bad. 

Sec. 8. The lands, tenements, and hereditaments, to be 

What lands held in pcrpetui'y by virtue of this act, by said corpora- 

jnitybc hei . jjon, shall not excecd six hundred and forty acres; Provi- 

Provjio. ^^^ however, That it any donations, grants, or devises in 

land, shall from time to time be made to said corporation, 

over and above the said six hundred and forty acres, 

which may be held in perpetuity as aforesaid, the same 

Lands donated ^^Y he received and held by said corporation for the pe- 

may be held riod of five years from the date of any such donation, 

five years. grant ordcvisc, at the end of which time, if the said land 

,, . ,,. shall not have been sold by the corporation, then and in 

If not sold to . , -II, -^ , . , *^ . , , • J 

revert back, that case, the said lands so donated, granted, or devised, 
shall revert to the donor, grantor, or the heirs of the de- 
visor of the same. 

Sec. 9. There shall also be attached to the said Aca- 
Common demy, a department in which shall be taught branches that 
school to be are usually taught in common schools, which shall consti- 
attached. ^^^^ ^j^^ common school of the district in which said Aca- 
demy may be situated; and the trustees of said academy 
shall receive from the school commissioners of the coun- 
ty, the same amount of money in the same proportion, 
and apply the same to such tuition in the same manner as 
I'roTiso. other common schools are paid and kept : Fruvided, That the 

teachers or instructors of said department, shall be se- 
lected by the trustees, and under the conlro! of the by- 
laws of said corporation. 
AppK0VKD.4th March, 1837 



INCORPORATION LAWS. 341 

AN ACT to incorporate the Winchester, Lynnville, and Jacksonville Rail- In force Jan . 
road Company. — [Onnitted Irom the printed Laws of last session.] 8, 1036 

Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly^ That John P. Wilkin- 
son, John J. Hardin, William Thomas, Porter Clay, Joseph Dun- 
csn, William King, F. A. Landrum, Adam Allison, William 
Smith, Levi Harlin, Zali on Carter, Thomas Kersey, D. Watt 
and Edward G. Minor, their associates, successors and assigns, 
are hereby created a body corporate and politic, under the name Created a body 
and style of the Winchester, Lynnville, ani Jacksonville Rail- P°i''"^ *"^' '^'^'' 
road Company, and by that name may be, and hereby are, made ^"'^ '^' 
capable in law and equity, to sue and be sued to final judgment 
and execution, plead and be impleaded, defend and be defended, 
in any courts of record, or in any other place whatever, to make, 
have, and use a common seal, and the same to break, renew, and 
alter at pleasure; and shall be, and are hereby, vested with all 
the powers, privileges, and immunities, which arc or may be ne- P"» e-s and 
cessary to carry into effect the purposes and objects of this act, as P'^'^'^^S^s 
hereinafter set forth. And the said company are hereby autho- 
rized and empowered to locate, construct, and finally complete ™ \ ■ •\ 
a Rail-road, commencing a* or near the east bank of the Illinois roao"^ 
River, opposite the town of Augusta, in Pike county, thence to 
the town of Winchester, in the county of Morgan, thence to Lynn- 
ville, and thence to Jacksonville in said county, in such manner 
and form as the said company shall deem most expedient; md 
for this purpose said company are authorized to lay out their said 
road at least four rods wide through the whole length, and for the 
purpose of cutting, embankments, stone and gravel, may take as 
much more land as may be necessary for the proper construction 
and security of said rail road: Provided, That all damages that 
may be occasioned to any person or corporation by the taking of 
BUch lands or materials for the purposes aforesaid, shall be paid 
for by said company, in the manner hereinafter provided. 

Sec. 2. The capital stock of said company shall consist of six ^^l'"*'**'"^'' 
thousand shares, of fifty dollars each. And the immediate gov- 
ernment and direction of the affairs of said company shall be vest- 
ed in nine directors, who shall be chosen by the members of the Directors cho- 
company in the manner hereinafter provided, who shall hold t en 
their offices for one year, and until others shall be duly elected 
and qualified to take their places as directors; and the said direc- 
tors, a majority of w hom shall form a quorum for the transactions 
of business, shall elect one of their number to be president of the 
board, who shall also be president of the company, and shall have 
authority to choose a clerk who shall be sworn to the faithful dis- Power of pren- 
charge of his duty, and a treasurer, who shall give bond to the d«"* 
company with sureties to the satisfaction of the directors. 

Sec. 3. The president and directors for (he time being are 
hereby authorised and empowered by themselves or their agents 
to exercise all the powers and authority herein granted for thepov.ofdi- 
purpose of locating, constructing and completing said rail road, i or-s 
and all such other powers and authority for the management of 
the afrair!« of said company not heretofore grnntod, as mny be nn- 



34'i 



INCORPORATION LAWS. 



Afiessm ents 



Directors to 
to pass by-laws 

l)a Images 



Non compos 
mentis, inlanti 



Persons injur- 
ing property, 
how proceeded 
against 



Kail road ob. 
structing, how 
to abate 

Annual meet- 
jiig, how fixtfd 



ccssary to carry itito effect the objects of this grant, to purchase 
and hold lands, materials, and other things necessary in the 
name of the company, for the use of the road; to make such equal 
assessments from time to time on all the shares in said company, 
as they may deem expedient and necessary in the progress and 
execution of the road, and direct the same to be paid to the trea- 
surer of the company, and the treasurer shall give notice of all 
such assessments. The board of directors shall have power to 
adopt rules and by-laws, regulating the manner and time of pay- 
ment of all assessments they may order, under such penalties as 
they may deem proper. 

Sec. 4. Said company shall be holden to pay all damages that 
piay arise to any person or persons, corporation or corporations, 
by taking their land, stone or gravel for the use of said rail road, 
when the same cannot be obtained by voluntary agreement; lo 
be estimated in the manner provided by law for the recovery of 
damages by the laying out of highways. 

Sec. 5. When the lands o: other property or estate of anj'. 
married woman, infant, or person non compos mentis, shall be ne- 
cessary for the construction of said rail road, the husband of such 
married woman, and the guardian of such infant or person non 
compos mentis may release all damages in relation to the land, or 
estates to be taken and appropriated as aforesaid, as fully as they 
might do if the same weie holdcn in their right respectively. 

Sec. 6. If any person shall wilfully, maliciously, or wantonfy, 
and contrary to law, obstruct the passage of any car on said rail 
road or any part thereof, or any thing belonging thereto, he, she or 
they, or any person so assisting, shall forfeit and pay to said com- 
pany for any such offence, treble such damage^ as shall be proved 
before any court competent to try the same, to be sued for in th.? 
name and in behalf of said company; and such offender or offend;- 
ers shall be deemed guilty of a misdemeanor, and liable to in- 
dictment i.i the same manner as other indictments are found, in 
any county or counties where such offence shall hBve been com- 
mitted; and upon such conviction, said offenders shall be liable tg 
a fine not exceeding five thousand dollars, for the use of such coun- 
ty where the indictment may be found, or may be imprisoned not 
exceeding one year, at the discretion of the court before whon) 
the conviction may be had. 

Sec. 7. Said company shall so construct thei^r said rail roaij 
across rivers, canals, turnpikes, and other public ways, as not to 
hinder, obstruct, or interfere with- the navigation, passage and freo. 
use of such public ways. And if said rail road shall not be so con- 
structed, it shall be lawful for the persons aggrieved to abate .tb9 
same, in the manner as now provided by law for the removal of 
obstructions to public ways. 

Sec. 8. The time of holding the annual meetings of said com-, 
pany for the election of directors shall be fixed and determined by 
the by-laws of said company, and at all meetings each stockholder 
shall be entitled lo vote in person or by proxy duly authorised, on9 
vote for every share he or they may own. 

Sec. 9. That J. P. Wilkinson, John J. Hardin^ William TJiorair 



lNC0]l^0RAT10^' LAWS. 343 

AS, Porter Clay, Joseph Dnncan, William King, F- A. Laiiclrum, 
Adam Allison, William Smith, L. Harlan, Zaimon Carter, Thos. 
Kersey, D. Watt, and Edward G. Minor, are hereby appointed 
commissioners to open subscription books for the stock of said 
company. Said commissioners, or a majority of them, are here- j^°'^^'^*^°^*" 
by authorised to open subscription books for said stock, at such 
places as they may deem proper, and shall give at least thirty 
days notice of the time and place where said books will be open- 
ed; and shall keep the same open for five days, unless the whole 
number of shares of said company shall be sooner subscribed; and 
<hey shall require each subscriber to pay five dollars on each 
share subscribed, at the time of subscribing; and at the termina- 
tion of said term of five days, or sooner, if the whole amount of 
said shares shall be taken. Said commissioners shall call a meet- -p^ ^^^j] ^ „,get. 
ing of the stockholders, by giving ten days notice in some public jug 
newspaper printed in this state, of the time and place of such 
meeting. At such meeting it shall be lawful to elect the direc- Diiectois. liow 
tors of said company, and when the directors of said company shall electtd 
have been chosen, the said commissioners shall deliver said sub- 
scription books, together with all sums of money received by them 
to said directors: Provided, That no election shall be held until Proviso, 
one-lourth of the whole nnmber of shares of said company shall 
have been subscribed: And provided, also. That each director Proviso 
shall, at the time of his election, hold at least ten shares of the 
capital stock of said company. 

Sec. 10. Said Board of directors shall have power to make, or- Regulation's & 
dain, and establish such by-laws, rules, and regulations and ordi- ordinances 
nances as they may deem expedient and necessary to accom- 
plish the purposes of, and carry into effect the provisioas of this 
act, and for the well ordering, regulating, and securing the inter- 
ests and affairs of said company : Provided, The same be not re- t> ^ . ^, 
pugnant to tho constitution and laws of this state or ot the United 
States: also, to contract and be contracted with, in all things itl 
relation to the effects and business of the company as fully as 
natural persons. 

Sec. 11. Thdt the said corporation be and they are hereby au- f^arporatiori 
(horised to construct and use a turnpike or Macadamised road, of 'turnpike o'"*^ 
suitable width and dimensions, within thelimits prescribed by the Macadamiied 
first section of this act; and ?hall hav3 power to regulate the time road 
end manner in which goods and passengers shall be transported, ta- 
ken and carried on the same, as well as the manner in which they 
shall collect all tolls and dues on account of transportation and 
carriage: Promdeti, The same shall not amount to more thanfif- p^ovisd 
teen percent, upon the capitalstock, and shall liave power to 
erect and maintain toll-houses and other buildiags, for accommo- 
dation of their concerns, as they may deem suitable to their inter- 
ests, and to collect tolls as soon as any part thereof shall be fin- 
ished. 

Sec. 12. For the purpose of facilitating the construction of the 
rail road, or turnpike, or Macadamised road, as authorised by this 
act, the said corporation is authorised by this act, to negotiate a Can ncgoiidtl 
loan or loans of money to the amount of its cjij)ital stock, and to'o»"« 



314 



LNCORPOttA'JiUX LAWS, 



Can loan its 
funds 



Holders of 
•lock not to pa/ 



Corporation to 
pay into coun- 
ty treasury 



Stock, what it 



T^x paid to 
county school 
fund 

■Pibviso. 



Commenc* • 
nient and coni< 
pletionofroad 



Preference to 
nbscribers 



Oath to be ta- 
ken 



Stock deemed 
personal 



pledge dll property, real and personal, and all of its rights, Credits 
and franchises for the payment thereof. 

Seo. 13. The said campany shall be authorised to loan any 
part of its funds, at interest, and take such secu. i!y tor the pay- 
ment thereof as nviy be deemed sufficient. 

Sec. 14. In case the company shall negotiate the loan herein 
authorised, the holdei-s of stock shall never be required to pay a 
larger atTjount upon the stock subscribed than will be sufficient to 
pay the interest on the amount borrowed, and the principal, as 
the same may become due and payable : Provided, That five 
dollars be paid on each share subscribed, as required by this 
act. 

Sec. 15. The said corporation shall pay into the treasury of 
the county of Morgan, on the first Monday in January annually 
after the election of directors, as provided for by this act, one- 
one per cent, upon the amount of stock actually employed by said 
company as a tax,- which shall b e in lieu of all taxes or assess- 
ments upon the stock and property of said company for State or 
county purposes. The stock employed by said company shall be 
considered the amount of money expended by the company for 
the uses and purposes herein authorised; which tax shall be paid 
over to the county school fund of said county, and shall be applied 
to the support of Common schools, and for no other purpose, in the 
same manner and upon the same terms and conditions as the 
county school fund of said county is or may be required to be ap- 
plied: Provided, Said company shall not be required to pay saidf 
half per cent, till eight miles of said road shall be completed.- 

Sue. l6. If the said connipany shall not, within two years, 
comrnence the construction of either of the works authorised 
by this act, and expend forty thousand dollars in the consttuction 
thereof in three year?, and complete the same in six years, then 
this act and the powers herein granted, together with all the pri- 
vileges conferred, shall cease and the same shall beconjenull and 
void. 

Sec. 17. The commissioners authorised to open books for 
to receive the subscriptions of stock, shall give the preference 
to subscribe stock to said company, first to resident citizens of 
Morgan county, and secondly, to those of this state and in case 
a greater number of shares should be subscribed than the whole 
number authorised, the excess shall be taken from those who 
reside out of the state, then those residing out of the county of 
Morgan, until the whole number of shares shall be subscribed. 
And the commissioners arc hereby authorised, in order to ascer- 
tain the residence of subscribers, to administer an oath to each 
person who may wish to take stock. 

Sec. 18. The stock hereby authorised to bo subscribed for 
shall be deemed and taken to be personal property, and shall be 
fransferrable on the books of the corporatiDn, in such manner as 
the president and directors may determine by the laws of the 
corporation, and shall be liable to be sold on execution as persoiwt 
property. 

ArPKOVEBT 18th Januarv, 1830 



■•^ Z DEPAKTMSriT. 



INDEX. 



ACADEMIES — Lacon, act to incorporate * 

Powers 5 

Right of Legislatures to alter or amend 5 

Funds of, how to be applied 5 

Lands that may be held 6 

Granville, act to incorporate 14 

Number of Trustees 14 

Religious faith no bar to 15 

Treasurer to give bond 15 

Trustees to appoint oflficers 15 

Lands how held 16 

Griggsville, female act incorporating 20 

Peoria, trustees of, incorporated 27 

Pitsfield, incorporation of 83 

Trustees of to regulate studies in 83 

Shall not be sectarian 83 

Athens female 110 

Little Rock 125 
Jerseyville, act to incorporate President and Trustees'of 161 
Quincy " 287 

Washington 296 

HiUsboro' 298 

Gallatin, act to incorporate 339 
Albany & White Hall turnpike road company, act to incorporate 11 

Athens Female Academy 110 

Corporate powers 110 

Votes, how given 111 

Location of 111 

Alton &, Springfield turnpike road company 248 

Alton Hotel Company, may open books 287 

ALTON Upper — Town of incorporated 37 

Marine & Fire Insurance Company 109 

Stock of, how vested 109 

Town of, act to amend, cat to incorporate 224 
A 



»i i\r>F.x. 

ALTON— continued 

All acts done valid 225 

Power to borrow money 225 

Who shall work on streets of 220 

P<\upers, care of 22G 

Powers to license 226 

School may be established 226 

Other powers 227 



l^RIDGE COMPANY, Rack Island City 29 

Mississippi Destnoiac Rapids C8 

Carlyle 108 

Beardslown Seminary l86 

Jjelvidere College 200 

Where located 200 

Corporate powers 200 

All moneys to be applied to use of 201 

I^ands given to, how disposed of 201 

Free to all denominations 202 

Bridgeport & Manchester Rail Road Company 214 

Bridge Company, Hennepin 227 

Beardstown Insurance Company 268 

Limitation of charter 2(58 

Capital stock 208 

" " maybe invested, and how 2C9 

Concerns of, how managed 270 

First election, Inspectors of 270 

Vacancies, how filled 271 

Expenses, how paid 272 

Iflosses are sustained 272 

l^cardstown Improvement Company 127 

(/apital stock of, may be increased 127 

Concerns of, how managed 128 

Contracts, &c 129 

Beardstown Sl Sangamon Canal Company, act to amend 328 

BlufTdale & Carrollton Rail Road or Turnpike Company ll8 

Bridge Company, Kaskaskia, act supplemental to act 33l 

Beet Sugar, Silk & Vegetable Oil Manufacturing Company, act 

to incorporate . 105 

Location of establishment lOO 

Estate to be held 107 

Beardstown & Springfield Rail Road Company 3l2 

Right to make single or double track 312 

When to be constructed 3-^ 

Capital stock 313 

Election of Directors, &c 314 



INUEX K"l 

Beardstown & Springfield Rail Road Company — continued 

Shall report survey of route 3l4 

Where to be filed 3l4 

Company not dissolved for default of election 3l5 

May hold land 3l5 

May collect tolls 317 

Forfeiture for noncompliance 317 

Persons injuring road, how liable 3I8 

Other roads may join 3l8 

Process, how served 318 



Canal Company — Mississippi and Illinois, act to incorporate 2i 

« " and Rock River 72 

« " and Rockport 78 

'^ Macinaw and Illinois 112 

C.'irthage High School, Female and Teachers' Seminary 31 

To be open, to wiiom 32 

Lands that may be held by 33 

Calhoun Coal and Mining Company 238 
Capital Stock " 

" may be increased 239 
Concerns of how managed " 

First Election " 

Votes, how given " 

Duration of Charter of " 

COLLEGES — Knox Manual Labor, incorporated 33 

Powers of Trustees of 34 

Vacancies, how filled 34 

Funds of, iiow applied 35 

Ofticers to give bond 36 

Open to all Christians 35 

Sionigton, of Illinois 51 

Hanover, Tazewell county 101 

Franklin Manual Labor 111 

Canton, of Illinois 136 

Saint Mary's 187 

Belvedere 200 

Rush Medical 233 

Clayton, town of 107 

Chippewa and EJwardsville Rail-road Company 168 

Chippewa Dry Dock Company 251 

Powers of 251 

May build Docks 251 

What lands may be held 251 

Subscriptions to, when and how made 25l 

, Business of, how managed 25? 



IV IN HEX, 

Cliipppcwa Dry Dock Company — Continued 

Shall not have banking powers 253 

Ciiicago and Galena Union Rail-road Company i^91 

Chicago and Vincenncs Rail-road Company, act supplementary to 1 1 8 

Carrolton and Bluffdale Rail-road or Turnpike Company I ] 8 

Road, when to be constructed and finished 119 

Elections, when nnd where held 121 

Appeals allowed from valuation 122 

Lands belonging to infiints, &c. 123 

Penalty lor injury done to 124 

May unite with other roads, and how 124 

Process, how served 125 

CarroUton Seminary lg3 

Coal and Mining Company, Calhonn 238 

Chester, Nashville, and Pinckncyville Rail-road Company 292 

Cairo City and Canal Company 302 

Powers and privileges of 303 

Width of canal 303 

Capital stock of 304 

INIay set] shares at auctiorj 304 

Make By-laws 305 

Toll granted to 305 

Company to pay damages, I'vc. 305 

Canton and Utica Rail-road Company 97 

Powers and privileges of 97 

Stock may be increased 90 

To pay damages for lands, »S^c. 98 

Elections, how made 99 

Notice of books to be opened 99 

By-laws, how made 100 

Discretionary powers 100 

Power to make canal lOd 

Canton College of Illinois 13G 

Donations to, how disposed of 137 

Location of 138 

Canton, Liverpool, and Knoxville Rail road Company 148 

Covington and Danville Rail road Com|)any 156 

Chicago and Pox River Turnpike Road Company lfi5 

Capital stock of, and how divided 166 

" may be increased 166 

Books, where opened 166 

Time of existence of 1(58 

Chicago Seminary 183 

Charleston Seminary 184 

Canal Company — Cairo City 302 

Persutis injuring works of, liable 306 

Time and place of meeting 306 

Notice of, to be given 30G 

Act of, dccmct! })ublic 306 



INDEX. V 

Carlyle Bridge Company, act lo amend an act incorporating 108 

Carrollton and Grafton Turnpike Company 207 

Chicago and Michigan City Rail-road Company 326 

Powers of body corporate 326 

Capital stock deemed personal property 337 

Corporation, how managed 327 

May build road across water courses, <kcj 328 

Carrollton Steam Mil) Company 329 

Capital stock of 329 

Who to elect directors 329 

Time of Election 330 

I'owcr to make by-laws, &c. 330 

Act deemed public 330 

Canal — Grand-Pass, act to incorporate 129 

Carlinville — act to incorporate town of 336 

Boundary of 336 

Election of trustees, when held 336 

Qualified voters, who are 336 

May make improvements 336 

May make rules for the government of 336 

May levy tax, and collect same 336 

Duties of Justices of the Peace 337 

Properly may be redeemed 338 

Ordinances of, to be published 338 

Quorum of Trustees 338 

Clerk to give notice of election 338 

D 

Desmoines and Mississippi Rapids Bridge Company 68 

Dixon Hotel Company incorporated 242 

Capital stock of 243 

Duty of President and Secretary 243 

Surplus stock of, how disposed 24' 

Dry Dock Company, Chippewa 251 

Danville and Covington Rail Road Company 15( 

When road to be commenced and finished i56 

Capital «tc>ck, arhount of 157 

May hold real estate 158 

Dimensions of Road I50 

State 01 county's right to puichase road 151 

Mode of suing corporation 160 

Duty of Attorney General I6I 

E 

Exporting Company, Monroe Mining and Manufacturing, act 

to incorporate, 26 

Edwardsville and Chippewa Rail Road Company 168 

When commenced and finished * 169 



VI INDEX 

Edwardsville and Chippewa Rail Road Company — Continued- 

Amount paid on subscribing 169 

Directors, liow chosen 170 

Lands entered on, how paid for 170 

Lands belonging to feme covert or 171 

May Macadamize road 171 

Penalty for obstructing road 171 

May negotiate loan 171 

Shall pay tax to county 172 

Real estate to be held 1 72 

Equality Seminary l84 

Exporting and Manufacturing Company, Peoiia 241 

Concerns of, how managed 242 

Essex Steam Mill Company 115 

Stockholders liable 116 

Stock of transferrablc, how 1 16 

May fill vacancies of Il7 

Process against, how served 118 

Exporting Company Illinois, act to amend 292 

Edinburgh Manufacturing Company 299 

Amount of Capital Stock 299 

May be increased 300 

Book of subscription when, where and how opened 300 

Affairs of, how managed 300 

Power to fill vacancies and make by-laws 30i 

Where located 302 

Public act 309 

F 

FEMALE ACADEMIES— Griggsville, act incorporating 20 

High School and Teachers' Seminary, Carthage 31 

Academy Athens 

franklin Manual Labor College 1 1 1 

Location of 111 

Foundarv Vulcan, act incorporating l95 

FIRE IIVSURANCE COMPANIES— Jo Daviess 42 

Pike county Mutual Company ^ 88 

Alton Marine and " t09 

Mount Carmel Marine 210 

Capital Stock 217 

May be increased 217 

May be loaned 2l8 

Elections of 219 

Term of office 219 

Officers to give bond 920 

Directors of^ bound for losses of, individually 22l 

Frankfort, town of 107 

Fox river and Chicago turnpike road company 165 

Fayette Seminary 182 



INDEX Vii 

G 

Granville Academy, act to incorporate 14 

Galena, town of, corporate powers changed 10 

Grafton and White Hall Hotel Companies 2G7 

Galena Rail Road and Transportation Company 273 

Powers of " 273 

Griggsvlllc Academy, Female, act to incorporate] 20 

Trustees of may fill vacancies 20 

Process against, how served 2l 

Lands held by 21 

Griggsville, Quincy, Jacksonville and Springfield Turnpike Co. 143 

Galena and Chicago Union Rail road company, act to amend, &c. 291 

Time for completion of road 291 

May intersect Central rail road 291 

Greenfield and White Hall, towns of incorporated 307 

Gallatin Academy, act to incorporate 339 

Location of 339 

Objects of 339 

Vacancies of, how filled 839 

Powers of 33Q 

Shall not be sectarian 34Q 

What lands may be held 340 

Common school to be attached 340 

Grand Pass Canal, act to construct l29 

Amount of Capital Stock 129 

Termofoflice l30 

Of continuance of 131 

GRAFTON— Act to incorporate town of 132 

Boundaries of 132 

Officers how elected 133 

Special tax, how levied 134 

Appointment of constables 135 

JursJiction of 136 

Grafton and Carrollton Turnpike Company — 207 

Location of Road 207 

Division of, into sections 208 

Commissioners of 208 

Votes, how given 208 

Term of office of 209 

Powers of directors of 209 

May lakelands 2l0 

Establish toll-gates 21 1 

May cross highways 21 1 

May borrow money 2l2 

May re- loan 212 

Rates of tolls 213 

Persons exempt from 2l3 

Directors to report cost of 2j3 



VlU 



INDEX. 



Grafton and Carrollton Turnpike Company — (contsnucd.) 

Report, where filed 213 

May build free bridge 2l4 

State may purchase stock of 2l4 



H 

Jligh School, Carthage Female, &c. 
Hennepin Bridge Company 

Amount of Stock 

Time of elections 

May build bridge 

Toll-gatherer subject to fine 
Hillsboro' Academy — Act to incorporate 

Powers and privileges of 

Shall notincrease number of Trustees 

Capital stock 
Hotel Companies — Act incorporating Pekin 
" " Jerseyville — Act to incorporate 

« « Dixon 

" « Peoria 

" " Jacksonville 

«* " Alton 

JIANOVER COLLEGE-Tazewell county 

Location of College 

Powers of 

Trustees may be removed 

Funds of, how applied 

Form of process and return 

College free to all christians 

Lands in perpetuity, to 

May receive donations 

School Commissioners to sell land 



31 

227 
227 
228 
228 
229 
298 
$99 
398 
298 
51 
197 
242 

287 

IQI 
101 
101 
102 
102 
103 
,103 
103 
104 
105 



Illinois and Missippi Canal Company — Act incorporating 2l 

Illinois Beet Sugar Manuf<},cturing Company — Act to incorporate 40 

Duty of Directors 40 

Directors, how and when chosen 41 

" Appointed by State 41 

Who may call special meeting 41 

Land to be held by 42 

Illinois Exporting Company — Act to amend act 292 

INSURANCE COMPANIES— Peoria Commercial 36 

Jo Daviess Marine and Fire 42 

Capital stock, how transferred 43 



INUEr. IX 

Insurance Companies — (Continued.) 

May be vested in funds of United States 44 

Affairs of, how managed 45 

Who to be directors 45 

President, and how appointed 46 

Right to State reserved 47 

Pike county Mutual 88 

Alton Fire and Marine 109 

Mount Carmcl Marine and Fire 210 

Rushvilie 230 

Beardstown 268 

Illinois & Mississippi Rail Road Company 84 

Powers to construct 84 

Amount of stock 85 

May hold lands, call special meetings 85 

Obstructions to, how abated 86 

Stockholders, meetings, how called 86 

Route to be surveyed 87 

Counties may subscribe for stock 87 

Duty of Company 88 

Expiration of charter 88 

Illinois and Mackinaw Canal Company ll2 

Improvement Company, Beardstown — Act incorporating the 127 

Illinois Manufucturing Company 331 

Powers of Corporation 333 

Amount of capital stock 332 

" " How managed 333 

Term of office of 333 

Shall keep proper books 333 

Existence of 335 

Act deemed public Sii 



Jo Daviess Marine and Fire Insurance Company 42 
jersey viile Academy — Act to incorporate President and trustees 

of 161 

Elections to beheld annually 163 

Who may hold property of 165 

Location of l62 

Process against, how served 16S 

May employ teachers 163 

Land held at one time 163 

Election, Judges of 164 

To make annual dividends 165 

Jacksonville & Naples Rail Road 47 

" Mechanic's Union l3l 

Dfficers, and term of service 132 
B 



S INDEX. 

Joncsboro' and Mississippi Rail Road Company 262 

Rights and privileges of 262 

Road, when commenced and completed 263 

Directors to fill vacancies 264 

May appoint subordinates, and salaries of 264 

Commissioners appointed by Governor 265 

Single and double track may be built 266 

Persons injuring road, how liable l66 

Jacksonville Hotel Company 286 

Amount of stock 286 

Rights and privileges of 286 

Act repealed 286 

Alton Hotel Company 287 

Jacksonville, Quincy,Griggsville and Springfield Turnpike Co. 143 

Juliet — Act to incorporate town of, and define bonndaries 194 

Number of wards 1|?4 

How moneys expended 194 

Powers of Trustees of 195 

Jacksonville Seminary 184 

Jersey ville Hotel Company 197 

Powers of l97 

Capital Stock 197 

May increase same 197 

How managed 198 

Votes, how given 199 

Notice of calls to be given 199 

Jacksonville, Winchester and Lynnville Rail Road Company 341 

K 

KASKASKIA BRIDGE COMPANY— Act to incorporate 6 

Where to build bridge 7 

Amount of stock 7 

Where books are to be opened 7 

Term of office of directors 8 

Notice of elections 8 

jLands may be taken 8 

Vacancies how filled 9 

Persons doing injury tOj how liable 9 

Evidence of stock owned 10 

When to be completed 10 

Liability of company to be indicted 10 

County of Randolph may purchase 10 

Knoxville, Liverpool and Canton rail road company 148 

Kaskaskia rail road company l89 

Powers and Privileges 195 

When road to be completed l90 

Capital stock may be increased l9^ 

Knox Manual labour College 33 



INDEX. ZI 



k'whwakee, Webster and Ottowa rail road compan}' 321 

Kaskaskia bridge company, act supplemental tb act 331 



Lynnville, town of lOt 

Powers and privileges ** 

Liverpool, Canton, and Knoxville rail road company 148 

Term of existence 149 

When road to be commenced and completed " 

No forfeit if part finished " 

Duty of Commissioners 156 

Appointment of Engineers, &c 151 

Power to make by-laws ** 

May buy lands for road 152 
Dut} jf Judge to appoint guardians, or representatives 154 

How may cross other roads, «Sz;c. 155 

Liberty, and Pinckneyville rail road company 175 

Capital stock and shares of l76 

How organized ** 

Who may subscribe for stock ** 

Company may borrow money 177 

Election how conducted, where held ** 

Twenty days notice for call 178 

All officers of to give bond " 

May obtain lands ** 

Duty of, when road crosses 180 

Legislature may alter tolls •* 

County commissioners may take stock l8i 

Limitation of charter " 

Lewiston Seminary l84 

Lewiston and Liverpool rail road company 245 

Power to make road 246 

Build toll gates ** 

Who may release lands 247 

Persons injuring property of, how liable " 

Little Rock Academy, act to incorporate 125 

Location of " 

Vacancies how filled 136 

Instructors ol, how appointed " 

Powers to suspend or expel 127 

Liverpool and Lewiston rail road company 245 

Lacon manufacturing company 284 

Powers of president and directors " 

Capital stock ** 

Election for directors 285 

Quorum to elect officers " 

Officers to take oath ** 



ill 



ItiUhX. 



Laoon manufacturing company, trustees to give bond 
Lynnville, Winchester and Jacksonville lail road company 

]H 

Mississippi and Illinois canal company, act to incorporate 

Sharei of, how transferred 

Amount to be paid on subscription to stock 

First meeting of 

May use waters 

Agents how appointed 

Mode of process against 

and Desmoines rapids bridge company 

Capital stock and shares of 

No. of board, &c 

Elections when, and how conducted 

When to build bridge 

Penalty for hindering travellers 

Company may be dissolved 
Monroe mining, and manufacturing company, act incorporating 

Tax to be paid to county, by 
Mississippi and Rock river canal company 

When to be completed 

Capital stock personal property 

Duty of commissioners, 

Powers of. 

Payments, how paid 

Duty of President and Secretary 
Manual labour college, Knox 
Macinaw and Illinois canal company 

Powers and privileges of 

May hold real estate 

Who shall govern 

May negotiate loan 

Process against, how served 

Penalty for injury done to 
Madison mining and manufacturing company 

Authorised to make loan 
Mississippi and Rockport Canal Company 

When stock to be paid for 

Elections when and where held 

Who may vote 

Company how managed 

Pay of oflicers 

May enter on land — damages how assessed 

Power to appoint additional cominissioncris 

Mode of commcncir 'W. against 
Manchester Seminary 
Mining company, Madison 
Mississippi and Pittsfield rail 



285 
311 



21 

22 
u 

23 

21 

35 

68 

a 

69 

70 

u 

71 
72 
2C 

72 
u 

73 

(( 

76 
76 

77 
33 

112 

u 

113 

(( 

114 
115 

202 
203 

78 

7U 
it 

80 
(( 

81 

82 

185 

202 

201 



INDEX. 



xtii 



Manchester and Bridgeport rail road company 216 

Capital stock, amount of 215 

Road how to be made 2l4 
Power of President " 

When to be finished " 

Mississippi and Illinois rail road company 84 

Marine and fire insurance company, Alton 109 

Manual labor college, Franklin 111 

Mechanic's Union, Jacksonville, act to incoi'poratc 131 

Manufacturing company of Ottawa 145 

Manufacturing company of Washington 172 

Mount Carmel Marine and fire insurance company 2l6 

MedicpJ college. Rush ' 233 

Mill, Essex steam, company 115 

Manufacturing company of Unity 235 

Mining company, Calhoun, coal and 238 

Manufacturing and exporting company, Peoria 241 

Mississippi and Jonesboro, rail road company 266 

Mississippi and Tamarawa rail road company 279 

Manufacturing company, Lacon 284 

Manufacturing company, Edinburgh 299 

Michigan city and Chicago rail road company 326 

Manufacturing company, Illinois 331 



N 

Naples and Jacksonville Rail Road — Act constructing the 47 

New Canton and Piketon Rail Road Company 255 

Powers and privileges of 256 

Width of road — amount of stock 256 

Toll granted to 257 

Penalty for ijijury dope to 258 

Commencement and completion of 258 

Navigation company — Spoon river 259 

Nashville, Chester and Pinckneyville Rail Road company 292 



o 



Oil Manufacturing Company — Beet, Sugar, Silk and Vegetable 105 

Ottovva Manufacturing Company 145 

Capital stock 146 

Duty of Directors 147 

Time & place of elections l47 

Dividends, when and how made 1^^ 

Otlowa, Webster and Kishwakee Rail Road 321 



4iy 



INDEX, 



Peoria A cademy -Trustees of, incorporated 37 

Location of 28 

Commercial Insurance Company 36 

Time ofcontinuance 36 

May loan capital of 36 

" May be increased 3"? 

" How transferred 37 

Vacancies, how filled 38 

Amount of insurance on one risk 39 

Peoria, town of — Powers extended 64 

Boundaries of 65 

Powers and duties of 65 

Judges of election, how appointed 66 

May license ferries 65 

Collect special tax 66 

President to execute deeds 67 

May form Engine Company 67 

May tax merchants 67 

Pekin Hotel Company — Act to incorporate Si 

What estate may be held 52 

Concern of, how managed 52 

Meeting of stockholders of 53 

Time of existence 54 

Paris Seminary 186 

Pittsfield &, Mississippi Rail Road Company 204 

Powers and privileges of 204 

Amount of capital stock 204 

May make by-laws 205 

Meetings of, when and where held 206 

Peoria Manufacturing & Exporting Coqnpany 241 

Capital stock — shares of 241 

" " May be increased 24l 

t*rinceton Seminary — Act to incorporate 61 

Where located 02 

Powers of Trustees 62 

" May be removed 63 

Vacancy, how fdled 63 

Funds of, how applied 63 

Who shall give bond 63 

Form of Process against 64 

Lands held 04 

Pinckneyville & Liberty Rail Road Company 175 

Peoria Hotel Company 253 

Location of, power &.c. 253 

May erect buildings 254 

Hold land as collateral security 25^1 



INDEX. XV 

Peoria Hotel Company — (Continued.) 

When to go to business 255 

Pinckneyville, Chester and Nashville Rail Road Company 292 

Pittsfield Academy 82 

Pike county Fire Insurance Company — Mutual 88 

Who are members of 89 

Vacancies of, how filled 89 

Judgment, how obtained 9l 

How long may insure 91 

Insurance void, in case &:c. 92 

Piketon and New Canton Rail Road Company 255 



Q 

Quincy, Griggsvillc, &c., Turnpike Company 143 

Existence of 144 

State may purchase stock 145 

Quincy Academy 287 

Can hold real estate 287 

Trustees to be stockholders of 287 

" To elect president and Secretary 288 

Form of procecs against 288 

Vacancies, how filled 289 

Preferences not given to pupils 289 

Stock regulated by by-laws 290 

Can sell delinquent shares 290 



R 

Rock Island City Bridge Company, act to incorporate 29 

Subscription money, where paid 29 

Bridge, where to be erected 29 

Forfeiture for running bridge 30 

Who exempt from toll 30 

RXJSHVILLE SEMINARY 93 

Elections, where held 93 

Vacancies, how filled 93 

Duty of President & Trustees 94 

Bond of Treasurer 94 

Process how served 95 

Lands held — lime of meeting 95 

Judges of election 96 

To whom open 96 

Rock River & Mississippi Canal Company 72 

Rockport " *» « « 78 

Rushville & Shokokon Rail Road Company 138 

Insurance Company 230 



XVI INDEX. 

Rushville Insurance Company — continued 

May insure on lives 23(X 

Can be insured 230 

Capital Stock of 2;^! 

Deemed persona! properly 231 

Concerns of, how managed 231 

Can fill vacancies 232 

Make dividends 232 

If losses occur 233 

Rush Medical College 233 

Where located 23j 

No. of Trustees 233 

May confer degrftcs 2t54 

Process against, how served 235 

Lands held by 335 

Rector Steam Mill Company 308 

Powers and privileges of 308 

Capital Stock 30\) 
Who shall elect directors & officers of Corporation 309 

May make by laws 3lO 

RAILROADS — from Naples to Jacksonville, act to 

construct 47 

Surveys authorized 48 

Injuries, how redressed 49 

Who to open books 49 

May connect with other rail roads 50 

Right of state 50. 

May make lateral 50 

Mississippi & Illinois 84 

Canton & Utica 97 

Chicago & Vinccnnes II9 

CarroUton & Bluffdale, or Turnpike Company 118 

Shokokon & Rushville Company l38 

Danville & Covington Company 156 

Edwardsville & Chippewa Company 168 

Liberty & Pinkneyville " 175 

Kaskaskia « I89 

Pittsfield & Mississippi « 204 

Manchester «k Bridgeport " 214 

Lewiston & Liverpool " 245 

Road may be extended 248 

State may purchase 248 

New Canton & Piketon Company 255 

Jonesboro' & Mississippi " 262 

Galena & Transportation " 273 

Tamarawa &, Mississippi " 279 

Galena & Chicago Union « 291 

Wabash Company, act to amend 293 

Chester, Nashville & Pinkneyville Company 292 

Beardstown & Springfield 3iil 



iNbEx. ivii 

RAILROADS— Continued. 

Webster, Ottawa & Kishwakee « 321 

Winchester, Lynnville & Jacksonville Company 341 

IS 

SEMINARIES— Carthage Female &c. 31 

Princeton 6I 

Rushville 93 

Waverly 182 

CarroUton 182 

Fayette l8i 

White Hall 183 

Chicago l83 

Charleston 184 

Equality 184 

Lewiston 184 

Jacksonville 184 

Winchester 185 

Sylvan Grove 185 

Manchester 185 

Paris 188 

Beardstowq I86 

Waj^nesville 222 

Stonington College of Illinois incorporated 54 

May hold property 64 

Lands amount of 55 

Charter may be repealed 56 
Springfield, Quincy, Griggsville and Jacksonville turnpik* 

company 143 

Steam Mill Company, Shelby 319 

Silk Company, St. Clair 310 

Springfield and Beardstovrn Rail Road Company 312 

Shelby Steam Mill Company 319 

Capital Stock not to exceed $20,000 Sl9 

Poveers of Directors of S20 

Stock may pass, how 321 

Sciri Facias 321 

Sugar-Beet, and Vegetable Oil Manufacturing Company 105 

Sylvan Grove Seminary 185 

Saint Mary's College 187 

Where located 188 

Powers and privileges 188 

Springfield and Alton Turnpike road company, act to amend 248 

Road may be extended 248 

May hold real estate, how long 249 

l§team Mill Company, Essex 115 

Shokokon and Rushville Rail-road Company 138 

Powers and liabilities 139 

C 



XVm INDEX. 



Shokokon and Rushville Rail-road Company — Continued 

Charter forfeited, if 13gf 

Duty of Governor 141 

Other Companies may join road 142 

Persons injuring, how liable 143 

Spoon River Navigation Company 259 

Powers and privileges of 259 

Amount of Capital Stock 259 

May open a lock 260 

County Commissioners to fix rates of toll 260 

Officers of, to sake oath 261 

Shall keep books 261 

Term of Charter 261 

Steam Mill Company, Rector 308 

St. Clair Silk Company 310 

Duration and powers of 310 

Capital stock, and povvei to increase 3l0 

Affairs of, how conducted 311 

Location of 311 

May hold real estate 312 

Stock deemed personal propeity 312 

Sangamon and Beardstown Canal Company 328 

-Steam Mill Company, Carrollton 329 



T 

TOWNS — Pittsfield and Chester, an act concerning 3' 

Pekin, an act to legalize the incorporation of 3 

" incorporation not legal 4 

Galenft, powers of changed t& 

Boundaries of 16 

To be laid off" in wards 16 

Powers to license 18 

Special tax, when may be levied 18 

Upper Alton, incorporation;pf 57 

Peoria, extension of powers of 64 

Lynnville, Morgan county 107 

Frankfort, Franklin county ^ 

Clayton, Adams county 107 

Warsaw, Hancock county 107 

Vienna, Johnson county 107 

Grafton 132 

Juliet, incorporated, and boundaries defined 194 

Alton, act to amend act to incorporate 224 

Carlinville, act to incorporate 336 

Turnpike Road Company, White Hall and Albany, act incor- 
porating II 
Carrollton and Bluff(iale Turnpike ll8 



INDEX. XIX 

Turnpike Road Company — Chicago and Fox Rivei 165 

Grafton and Carrollton 207 

Springfield and Alton Si48 

Teachers' Seminary, Carthage Female, «fec 31 

Tazewell county, Hanover College lOl 

Transportation and Rail-road Company, Galena, 273 

Can hold lands 274 

Shall pay damages 274 

May cross rivers, iSz;c. but not obstruct 274 

If locomotives run on 274 

Forfeiture — furiher forfeit 275 

Capital stock may be increased 276 

Commissioners may keep expense money 276 

Stock of, under control of nine directors 277 

Duty of Inspectors of election 278 

Duty and powers of officers defined by by-laws 278 

Tamarawa and Mississippi Rail-road Company 279 

Treasurer of shall give bond 280 

" may sell shares 281 

Company to make by-laws 281 

" may collect tolls 28l 

" shall pay damages 282 

Damages may be released 283 

Persons obstructing Road, liable 282 

Time to organize 283 

Bridges to be kept in repair 283 

State may purchase Road 283 

Company shall make report 283 



u 



UPPER ALTON— Incorporation of 37 

Boundaries of 57 

Number of Trustees, when elected 47 

Officers of, how paid 58 

Jurisdiction of Justices of the peace 58 

Special tax may be levied 59 

Ordinances to be published 60 

Engine Companies formed by 60 

Lands donated to, how held 61 

Notice of meetings 61 

Town may be divided 61 

Utica & Canton Rail Road Company 97 

Union, Jacksonville Mechanics 131 

Unity Manufacturing Company 235 

*■* May give and receive prommissory notes 236 

Shares of, may be forfeited 236 



V INDKX. 

Union Manufacturing Company — (Continued.) 

Notice of Election ' 237 

Special meetings, how called 237 

Term of existence 237 

Union Rail lload Company, Galena and Chicago 291 

Vienna, Town of 107 

Vulcan Foundry, Act to incorporate 1 95 

Powers of 195 

Capital Stock 195 

Directors, how elected 196 

Duration of 197 

Vinccnnes and Chicago Rail Road Company 118 



w 

White Hall, Town of, Acts to incorporate 6 

Who to make re-survcy 6 

May dispose of lots, &,c. 6 

White Hall Seminary 183 
" And Albany Turnpike Road Co. — Act to incorporate 11 

To make Bridges 1 1 

" Toll-gates and rates of toll 11 

Books, notice of, when opened 12 

Time of first meeting 13 

Surveys, &:c. how made 13 

Penalty for injury done to l4 

Waverly Seminary 182 

Winchester Seminary l85 

Waynesville Seminary 222 

Corporate powers oi 222 

Lands, how held 223 

Commissioners 224 

White Hall and Grafton Hotel Companies 267 

Wabash Rail Road Company, Act to amend 292 

Washington Academy 296 

Location of 296 

May hold property 296 

Powersof Trustees of 297 

Lands held, shall not exceed 640 acrei 297 

Warsaw, Town of l07 

Washington Manufacturing Company 172 

Amount of Capital Stock 173 

Powers of Directors l73 

Notice of Elections, how given l74 

May forfeit for negligence l75 

White Hall and Greenfield, Towns of, incorporated 307 

Webster, Ottawa and Kishwakee Rail Road Company 321 

Term of Charter 32 1 



(NDBX xai 

Webster, Ottawa, and Kishwakee Rail Road Companj — (contiDued.) 

Power to make Rail Road 3^ 

Capital Stock, may be increased 329 

Directors of, how chosen 32S 

Term of office 323 

May build single or double track 323 

May borrow money 324 

Time to build and finish Road 325 

Act deemed public 326 

'NYinchester, Lynnville, and Jacksonville Rail Road Company 341 

Powers and privileges of 341 

To make Rail Road 341 

Capital Stock of 341 

Assessments, how made 342 

Directors to make By-laws 343 

Persons injuring property of, how liable 345 

May make road, Turnpike or Macadamised 343 

May loan Funds 344 

Shall pay tax to county^ 344 

Road, when to be commenced and completed 344 

Oath required 344 

Stock deemed personal 344 



OFFICS- OF 

^^bs Secretary o^fe* 



*0 5>