Sec[Section] 1st 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 mentioned,
shall be, and they are hereby constituted and declared, a body Corporate and politic,
by the name and style of the Peoria Bridge Company, from and after the passage of this act, and by that name they and their successors
shall and may hereafter have succession, and shall in law be capable of suing and
being sued, pleading and being impleaded, answer, and being answered, in all Courts
and places whatsoever; 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 Estate,
real and personal, for the use of said Corporation; but the said real estate to be holden shall be such only as shall be necessary to
promote or attain the object of the incorporation.
Sec 2nd That the capital stock of said Company shall b fifty thousand dollars divided into one
<Page 2>
thousand shares of fifty dollars each; and Francis Voris, Andrew M. Hunt, Jacob Chrisman, Aquilla Wren, Andrew Gray, Louis Bigelow, Rodolphus Rouse, Anson N. Deming, William S. Mans and Charles G. Thomas, are hereby appointed Commissioners to receive subscriptions for the said stock,
and such subscription shall be opened at such time and place as the Commissioners,
or a majority of them, shall appoint, by notice to be published in the Peoria Champion, a newspaper printed in Peoria, thirty days before the time appointed. If the requisite number of shares 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 subscription,
as 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 share subscribed.
<Page 3>
Sec 3rd As soon as five hundred shares shall be subscribed, the said Commissioners 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. Every stockholder shall be entitled, at such and all other elections, 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 be held
as aforesaid, the said Commissioners, or such of them as may attend, shall be inspectors,
and their certificate of the names of the persons elected shall be conclusive 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 Officers. A majority
of the Directors so chosen shall be a quorum and
<Page 4>
and be capable of transacting the business of the Corporation; and any act of the majority of said Directors shall be binding on said Corporation. The said Directors, when elected as aforesaid, shall immediately proceed to the
choice of one of their number for President; and the said President and Directors
may meet from time to time, and shall have power to make such by laws, rules and regulations, as shall be deemed expedient and proper for the well ordering
of the affairs of the said Corporation, provided the same be not repugnant to the Constitution and laws of this State and of the United States.
Sec 4th The said Corporation are hereby authorised and empowered to erect a bridge over the Illinois river at or near the outlet of Lake Peoria, which shall be constructed with a convenient draw, at least thirty feet wide,
<Page 5>
for the passage of steam-boats 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 steam-boat, or other vessel, passing up or down said river,
free of expense to the owners thereof.
Sec 5th The said President and Directors, or other persons employed by them, may enter upon
and take possession of the land on each side of the River, where such bridge shall be erected; and the said Corporation, on taking possession of such land, and on receiving a conveyance thereof, shall
pay the value of so much of the same as may be necessary for making and erecting said
bridge, and establishing a gate, Toll-house, and other works necessary for said Bridge;
and in case of
<Page 6>
a disagreement between the parties as to such value, the same shall and may be ascertained
by three disinterested freeholders 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 party, and shall be sworn to make a just valuation
thereof.
Sec 6th As soon as the said bridge shall be completed, it shall and may be lawful for the
said Corporation to erect a gate at the end of said bridge, and to demand a receive the same rates
of toll for passing the same, as are now established and received for ferriage in
low water at the same place.
Sec 7th If any person or persons shall wilfully or maliciously do or cause to be done any
act whatsoever whereby the said bridge, or any thing appertaining
<Page 7>
to the same, shall be impaired, injured or destroyed, the said person or persons,
so offending, shall forfeit and pay to the said Corporation treble the amount of damages occasioned thereby, to be recovered by the said Corporation, with Costs of suit, in an action of Trespass, in any Court having competent jurisdiction
thereof.
Sec 8th It shall be the duty of said Corporation to affix or post up, in a conspicuous place over the said gate, a sign-board with
the rates of toll written thereon in large letters.
Sec 9th If any toll-gatherer shall unreasonably delay or hinder any traveller from passing said bridge, or shall demand or receive more toll than is by this act
established, he shall, for every such offence, forfeit and pay a sum not exceeding ten dollars, with Costs of suit, to be sued
for
<Page 8>
and recovered before any Justice of the peace of the County where such offence shall be committed, for the use of the person or persons so unlawfully delayed hindered
or defrauded.
Sec 10th It shall not be lawful for any person or persons to ride or drive over said bridge
faster than on a walk; nor shall it be lawful to drive more than twenty head of cattle
on the said bridge at any one time, on penalty of forfeiting, for every such offence, the sum of one dollar.
Sec 11th All officers chosen at the annual election aforesaid shall hold their offices until
the next annual election, or until others are elected in their stead; and the President
and Directors, or a majority of them, shall have power to call a meeting of the Corporation, whenever they may
<Page 9>
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 12th Shares in said Corporation shall be considered as personal property, and transferable as such.
Sec 13th That as soon as the said bridge shall be completed and rendered passable, the said
Corporation shall pay to the proprietors of the Ferry now established across the Illinois river, at that place, a reasonable compensation or indemnity for the loss or injury occasioned
the said proprietors by the erection of the said bridge, taking into consideration
all the advantages the said proprietors shall derive from the said bridge over and
above the advantages which other citizens of Peoria shall derive from the same source; and if the parties shall
<Page 10>
be unable to agree as to the amount of such compensation or indemnity, the same may
be submitted to three arbitrators, to be mutually chosen and agreed upon by the parties,
whose award shall be final; or in case the parties should not agree upon the compensation
to be paid to the proprietors of the Ferry, nor upon arbitrators to determine the
same, the Supreme Court, upon the application of either party, shall have power to make such award in the
premises, and render such judgment or decree, as shall be suited to the justice and
equity of the case.
Sec 14th If the said bridge shall not be erected, built and completed within four years after
the passage of this act, the said Corporation shall be dissolved.
<Page 11>
<Page 12>
[ docketing
]
[02]/[10]/[1835]
[02]/[10]/[1835]
Erd[Enrolled]
Handwritten Document, 12 page(s), Folder 136, HB 167, GA Session: 9-1,
Illinois State Archives (Springfield, IL) , Â