In force, Jan.[January] 13, 1836.
AN ACT to incorporate the Shawneetown Insurance Company.
1Incorporation.
Proviso.
Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That Henry Eddy, Alexander Kirkpatrick, James C. Sloo, Ephraim H. Gatewood, Moses M. Rawlings, Thomas Morris, Thomas L. Posey, John Marshall, Timothy Guard, Lee Hargrave, Parmenos Redman and W. H. Davidson, and their associates, successors and assigns, are hereby incorporated as a body
corporate and politic, by the name and style of the “Shawneetown Insurance Company,” to have continuance for and during the term of fifty years, from and after the
passage of this act; and by such corporate name and style, shall be, for the time
aforesaid, 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 manner of suits, actions, pleas,
causes, matters and demands, whatsoever, in as full and effectual a manner as any
person or persons, bodies corporate and politic, may or can do; and may have a common
seal, which they may alter or break at pleasure; and may purchase, hold, and convey,
any real or personal estate, for the use of said company; Provided, That said company shall not, at any one time, hold real estate exceeding the value of five thousand
dollars, excepting such as may be taken for debt, or held as collateral security for
money due to said company.
May insure property, &c.[etc.]
Proviso
Sec. 2. That said company shall have full power and 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 loss and damage on goods, merchandise, and produce in the course of transportation,
or otherwise, whether by land or water; 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
capital stock on respondentia or bottomry, or on mortgages of real estate, or personal security, and receive such
premiums or interest on such loans or mortgages, therefor, as is provided in this
act. Said company may cause themselves to be insured against any loss or risk they may have incurred,
in the course of their business; and against any maritime or other risk, upon the
interest they may have in any vessel, boat, goods, merchandise, or other property,
by means of any loan or loans which they may have made on respondentia or bottomry; and generally to do and perform all other necessary matters and things,
connected with, and proper to promote the objects of this incorporation; Provided, That when said company shall loan on mortgage of real estate any portion of their capital stock, they shall
not be author-
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ised to charge a higher rate of interest therefor, than ten per cent. (10 per ct.) per annum.
Capital stock.
Sec. 3. The capital stock of said company, exclusive of premiums, notes, and profits arising from business, shall be one hundred
thousand dollars, and shall be divided into shares of fifty dollars each, fifty per centum of which shall be paid in money, within six months after the directors of said company shall have been chosen; and the residue in money, to be paid, twenty-five per centum thereof, in twelve months, and twenty-five per centum in eighteen months, from and after said first meeting, under such penalties as the
president and directors may, in their discretion, order and appoint.
May be increased.
Stock deemed personal property.
Sec. 4. The capital stock of said company may hereafter be increased to an amount not exceeding five hundred thousand dollars,
should a majority of the stockholders deem 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 company shall be deemed personal property, and assignable and transferable 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.
Commissioners appointed to receive subscriptions.
Payment of stock.
Sec. 5. That Henry Eddy, James C. Sloo, Ephraim H. Gatewood, Alexander Kirkpatrick and William A. Docker, are hereby appointed commissioners to receive subscriptions 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 such places, as they may deem proper, and
keep the same open until the whole of the said capital stock shall be 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 commissioners 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, of at least fifteen days, for the purpose of choosing a board of directors, in pursuance
of this act, which meeting shall be held in the town of Shawneetown. And so soon 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.
Election of directors.
Sec. 6. The stock, property, and all the transactions and business of said company, shall be conducted by nine
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directors, who shall be chosen by the stockholders, by ballot, and shall, at the time of their
election, and during the time they shall hold the office of directors, 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 offices for one year from their election, and until
their successors shall be elected and qualified: they shall elect one of their own
body president; and in case of the death or resignation of any of the said board of
directors, whereby a vacancy shall occur, it shall lawful for a majority of the surviving
or remaining directors, to call a meeting of the stockholders to fill such vacancy.
Quorum
Powers delegated to Directors
Proviso
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 have power to make such rules, regulation, and bye-laws, as to them may seem proper, touching the management and disposition of the property,
stock, and effects of said company, and the transfer of stock; and touching 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 secretary, and
to regulate the salaries and wages of all persons in their employ; Provided, Such bye-laws and rules are not repugnant to the constitution and laws of this state, or of the United States.
Directors to make dividends
Sec. 8. It shall be the duty of the directors of said company, at such times as the bye-laws thereof shall prescribe, 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 stockholders a particular
statement of the profits, if any there be, after deducting losses and dividends; and
also all such other information relative to the affairs of said company, whenever a majority of the stockholders shall require it. And said corporation 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 actually paid in.
Restriction.
Proviso.
Sec. 9. Said company shall not, directly nor indirectly, deal or trade in buying or selling any goods,,
wares, merchandise, or commodities whatever: and the capital stock of said company, collected at each instalment, shall, within six months thereafter, be invested either in real estate, or loaned
and secured by mortgage of real estate, or on personal security, in this state, at such rates of interest as are lawful for individuals to charge in this state; Provided, That it shall not be lawful for any body corporate, bank, or company without the limits
of this state, to hold any portion of
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the capital stock of said company; nor shall any body corporate, bank, or company in this state, holding stock of said company, be entitled to vote at any election, for directors
of said company.
Liabilities
Sec. 10. That in case of any loss or losses taking place, 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 every loss which shall take place under policies
so subscribed; and the estates of the stockholders aforesaid, shall 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, Jan. 13, 1836.
1Responding to a petition from citizens of Shawneetown, William J. Gatewood of a select committee introduced SB 52 in the Senate on December 26, 1835. On December 31, the Senate referred the bill to a select committee.
On January 4, 1836, the select committee reported back the bill with amendments, in
which the Senate concurred. On January 8, the Senate passed the bill as amended. On
January 11, the House of Representatives passed the bill. On January 13, the Council of Revision approved the bill and the act became law.
Illinois House Journal. 1835. 9th G. A., 2nd sess., 259, 280-01, 303, 310, 320; Illinois Senate Journal. 1835. 9th G. A., 2nd sess., 113, 140, 161, 186, 213, 231, 236.
Printed Document, 4 page(s), Laws of the State of Illinois, Passed by the Ninth General Assembly, at their Second Session (Vandalia, IL:
J. Y. Sawyer, 1836), 106-09, GA Session: 9-2,