Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That Josiah M’Knight, George R. Logan, Charles J. Wilman, Nathaniel Blackford, Samuel D. Ready, Thomas Kerney, and John Phipps, with their associates, be, and they are hereby created a body politic and corporate, by the name and style of “The Carmi Bridge Company,” for the purpose of erecting and constructing, at Carmi, a bridge across the Little Wabash river, 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 and be impleaded, in this State, in all courts of law or equity; to make, have and use a common seal, and the same to break, alter or amend at pleasure; and they 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 avenues leading to the same; also, to borrow any money, not exceeding the capital stock mentioned in this act, but not to have the privilege of loaning money, or issuing bills or notes upon banking principles; also, the power to ordain and establish

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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.2

Sec. 2. The capital stock of said company shall consist of five thousand dollars, to be divided into shares of ten dollars each, to be subscribed for or sold in the manner hereinafter mentioned: Provided, if the amount above stated is insufficient to complete the bridge, it may be increased to a sufficient sum to accomplish that purpose.

Sec. 3. Within six months 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 to be opened at such places and times as they may direct, which books shall be kept open, under the directions of such persons, or a majority of them, for such length of time as they may order.

Sec. 4. When one hundred and fifty shares shall have been subscribed, the said persons, or a majority of them, shall advertise a meeting of the stockholders at Carmi, giving at least ten days notice of the time and place of said meeting, and the stockholders shall thereupon proceed to the election of a president and six directors, who shall be shareholders; and such of the before mentioned persons who shall not be shareholders, shall cease to be members of said corporation; and the said shareholders shall also proceed to ordain and adopt such by-laws for the permanent organization and government of said corporation, as they may deem needful, at which meeting each shareholder shall be entitled to one vote for each share, to the number of fifty, and one vote for every three shares above fifty; and at all the subsequent elections, or general meetings of the stockholders, the shares in said company may be voted for by proxies duly recorded.

Sec. 5. The president and directors, chosen in conformity to the provisions of the foregoing sections, shall hold their office for one year next succeeding such election, and until others are chosen in their places; and the stockholders shall annually meet in the town of Carmi, the Saturday preceding the expiration of the year for which the said president and directors were elected, at some place to be designated by said president and directors, and then proceed to the election of a president and six directors, who shall be shareholders, 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 company, at least fifteen days previous thereto. At the annual meetings a statement of the affairs of the company shall be made out by the presi-

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dent and directors, and presented to said meeting, and such dividend of the profits be declared as may be deemed advisable.

Sec. 6. The concerns of the said corporation shall be under the control, superintendence, and management of said president and directors; and the president and three directors shall constitute a quorum to transact business, or in the absence of the president, any four directors, one of whom shall act as president pro tem. with power to fill any vacancy in the board, occasioned by death, resignation, or otherwise. The president and directors, after they shall have been duly elected as aforesaid, may make such assessments on the shares of said company, as are subscribed, payable at such periods as they may deem advisable, with such conditions of forfeiture for non-compliance, not exceeding the amount of stock delinquent, as they may deem proper. They are to open or renew the subscriptions for shares not already subscribed, or sell them; and also, any forfeited shares as they may think best for the company: Provided, That no stock shall be sold by them for less than par value thereof.

Sec. 7. It shall be the duty of the president and directors, to appoint a clerk, and to cause a record of their proceedings to be kept; and they may also appoint a treasurer, and other officers or agents, as they may deem needful for the proposed undertaking, and to allow them such pay or compensation as 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 surety, in their corporate capacity, from any person or persons, they may so appoint or contract with; and any vacancy filled up by the board of directors, shall continue until the next annual election, by the election of other stockholders.

Sec. 8. The said permanent bridge shall be erected so as to permit the passage of boats, and rafts of timber of the largest size and heighth, at the highest stage of water in the river, with a space between two of the abutments, of at least thirty feet; and when so erected and completed, the president and directors shall have a right to fix rates of toll for passing over said bridge, and to collect the same from all and every person or persons passing thereon with their goods, carriages, wagons, or animals of every kind or description: Provided, they shall be allowed to demand or collect no higher toll than the following rates, to wit: For each one horse wagon, sulky, or carriage, twenty-five cents; for each two horse wagon, or carriage, thirty-seven and a half cents; for each wagon or carriage, drawn by three or more horses, oxen or mules, sixty-two

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and a half cents; for a man and horse, six and one-fourth cents; for each person crossing on foot, three cents; for cattle, mules, asses, and horses, per head, three cents; for all other animals, such as swine, sheep, or goats, two cents per head.

Sec. 9. If any person or persons shall willfully or knowingly do any act or thing whatever, whereby the said bridge, or any thing thereto belonging, shall be injured or damaged, the said person or persons so offending, shall forfeit and pay three times the amount of damages sustained, with costs of suit, recoverable before any court of competent jurisdiction; and any person or persons, who shall pass or attempt to pass said bridge without paying the toll, 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 are liable to pay for passing said bridge, recoverable before any justice of the peace in this State; and if any person or persons shall willfully set fire to said bridge, or burn the same, or any part thereof, such offenders, with their aiders and abettors, shall be guilty of arson.3

Sec. 10. The certificates of stock in said company, shall issue in such form and manner, and be transferable, as may be designated by the by-laws of said company.

Sec. 11. This act shall cease to have effect, if stock shall not be taken to the extent of one hundred and fifty shares within one year from the fourth day of July next, and the bridge be completed so far as to be passable within three years from that period.

Sec. 12. It shall be sufficient service of process on the corporation hereby created, to execute a summons on the president or secretary of said company, and process so executed, shall authorize judgment at the first term, as in other cases, if no appearance shall be entered or plea filed.

Sec. 13. It shall be the constant 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 to a fine of ten dollars for every forty-eight hours it is suffered to remain, after allowing reasonable time for the removal of the same, to be recoverable by indictment or presentment in the White circuit court; and shall, moreover, be liable for any injury sustained by any person in consequence thereof.

Sec. 14. The legislature reserves the right to amend this charter, so as to secure the navigation of the Little Wabash free from any injury.

Sec. 15. The county commissioners’ court of White county, is hereby authorized and empowered to subscribe for and on

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behalf of the county, such number of shares as it, in its discretion, may deem proper; and shall, in case of actual subscription, pay the same out of any money in the county treasury not otherwise appropriated, and be entitled to all the rights and privileges of other stockholders, authorizing and directing the clerk of said court, by order entered of record, to act for them and on their behalf.

Sec. 16. The said president and directors shall keep an exact account of their expenditures in erecting said bridge; and the county commissioners’ courts shall have power to purchase said bridge at any time, by paying the full amount of the cost of the same, and in case the 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.

Sec. 17. At all meetings of a quorum of the board of directors, a majority thereof shall have full authority to exercise all or any of the powers conferred by this act upon the board of directors.

Sec. 18. Nothing in this act shall be construed so as to authorize said company to obstruct the ford across the Little Wabash river at Carmi.

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

Approved, Feb. 6, 1835.