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Section 1. Be it enacted by the People of the State of Illinois represented in the General Assembly, that Peter Pruyne, William Jones, Hiram Peirsons, Russell E. Heacock, Elijah Wentworth, Hiram Hugenin, Thomas [Fayhenty?], George E. Walker ^Theophilus W Smith^[,] and Archibald Clybourne, their associates and successors be and they are hereby constituted a body politic
and corporate for the purpose of making a Turnpike Road of clay, stone, or other materials;
said Road to commence at the South end of Clark Street, in the Town of Chicago, and to run thence on the east side of Chicago river, thence on a direct route to the South side of the Ausaganaskee swamp.2
Sec[Section] 2d That the capital stock of said Company shall not exceed fifty thousand Dollars, to be divided into shares of fifty Dollars
each.
Sec 3. It shall be the duty of the above named persons to act as Commissioners, and within
three months from the passage of this Act, to hold a Meeting, and open Books, for
subscription to said capital stock, and keep the same open during five days, and to
require each person to pay the sum of five dollars, for each share subscribed for
and to give at least three weeks notice of the time and place, previous to opening
said books, in some News paper printed at Chicago, and when one fourth of the capital Stock shall have been subscribed for, to call
a meeting of the Stockholders, who shall elect five persons out of their number to
constitute a Board of Directors, and thereupon deliver the subscription books and
money to the order of the said Directors.
Sec 4. The Board of Directors when elected shall choose one of their number, to be President,
and shall appoint a Secretary and Treasurer, who shall hold their Offices one year,
and untill their Successors are elected and qualified as required by the Board.
Sec 5 The Directors shall have power to make and [...?] construct, or cause to be made and constructed, the said
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Turnpike Road, in such manner as they may deem expedient and to manage the whole concern
of said Company, to make bye laws for the better regulation of the said Company and Board, the transfer of said Stock, and the management of the affairs, of the
said Company, which bye laws, may be repealed by a majority of the Stockholders at any legal meeting, each share
being allowed one vote, and to do all other things necessary to carry into complete
effect, the object of this Act; and they shall call annual meetings for the election
of officers, and if the whole of the capital stock shall not be taken at the first
opening of the said books, they may create new stock at their pleasure: provided the
whole of the capital stock shall not exceed fifty thousand Dollars.
Sec 6. The said Company shall be allowed to erect a toll-gate at or near the [second?] ridge, on the head of the South branch of the Chicago River, so soon as the said Road shall have been completed so far, on the first ten miles
shall have been made and to exact from those who pass thereon, with carriages, animals
or property, such tolls as may be allowed by [the?] Commissioners Court for the County of Cook.
Sec 7. It shall be lawful for the said board of Directors, to make bye laws for the regulation and management of the said Road, to impose penalties not exceeding
five [Dollars?] for the breach of such bye laws, to the use of the said Company, and to recover the said penalties before any Justice of the Peace, in the county
of Cook; Provided, all such bye laws shall be published, and posted up, on, or near said road.
Sec 8 The said Directors may in the same manner make a side road or turnpike leading
in a [direction?] to the mouth of Stoney Creek as far as Blue island, or six miles in that direction, and even the west prairie, and erect a toll gate,
and exact toll from passengers, and the passage of property, and take such toll as
shall [be?] allowed by the County Commissioners Court for the County of Cook.
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Sec 9 It shall be lawful for the Directors to erect a bridge over the Ausagenaskee Swamp,
on the said road, and erect a toll gate on the same, and take such toll for the passage
of persons, carriages, animals[,] and property as shall be allowed by the County Commissioners aforesaid.
Sec 10 The said Company may surrender up or discontinue the said Road by leaving open the toll gates.
Sec 11. This Act to continue in force from it’s passage for twenty five years unless the said Directors shall have before that time
made the Road free as above provided. Provided, also that nothing herein contained
shall prevent any person from travelling on the present State and County Road as now laid out.
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[ docketing
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[01]/[19]/[1836]
[01]/[19]/[1836]
Engrossed
1James M. Strode introduced SB 81 in the Senate on January 2, 1836. On January 12, the Senate referred the bill to a select committee.
The select committee reported back the bill on January 14 with an amendment, in which
the Senate concurred. The Senate passed the bill as amended. The Senate informed
the House of Representatives of the bill’s passage, but the House took no action.
Illinois House Journal. 1835. 9th G. A., 2nd sess., 322;
Illinois Senate Journal. 1835. 9th G. A., 2nd sess.,
154, 199, 223, 237.
2That Ausaganaskee Swamp, also called the Saganaskee Swamp or Slough, is located between
the Calumet and Des Plaines Rivers southwest of Chicago in Cook County.
Handwritten Document, 4 page(s), Folder 201, SB 81, GA Session: 9-2,
Illinois State Archives (Springfield, IL) ,