Be it enacted by the People of the state of Illinois Represented in general Assembly that Ignatious R Symes, James Dunlapp
Carlton H Perry James McKinney and John P Wilkinson and all other persons who may hereafter associate with them in the maner herein after prescribed shall be a corporation by the name of the morgan County mutual fire insurance company, for the purpose of insureing insuring their respective dwelling houses, stores shops and other buildings, household
furniture and merchandise against loss or damage by fire.
2d Every person who shall at any time become interested in said Company by insuring therein and also his heirs, Executors administrators and assigns continuing
to be issued insured therein as hereinafter mentioned shall be deemed and taken to be members
thereof for and during the terms specified in their policies, and no longer and at
all times shall be concluded and bound by the provisions of this act
3d The affairs of said company shall be managed by a board of directors which shall consist of thirteen stockholders
as hereinafter provided
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All vacancies happening in said board may be filled by the remaining members, and
a majority of the whole number shall constitute a quorum for the transaction of business.
4. Every person who shall become a member of said company by effecting insurance therein shall before he [renews?] his policy deposite his promisory note for such sum of money as shall be determined by the directors a part, not exceeding
ten per cent, of which said note shall be imediately paid for the purpose of discharging the incidently expenses of the institution and the remainder of said note shall be payable in part
or in whole at any time when the Directors shall deem the same requisite for the payment
of losses or other expenses; and at the expiration of the term of insurance the said
^note^ or such part of the same as shall remain unpaid after deducting all losses and expenses
accruing during said term, shall be relinquished and given up to the signer thereof.
5. Every member of said company shall pay his proportion of all losses or expenses happening or accruing in and to
said Company and all buildings in[...?] and by [...?] with by and with said company together with the right, title and intrest of the [assured?] to the lands on which they stand shall be pledged to said company, and the said company
...?], The said company shall cause a certificate of such policy, stating the date term of years and lien
on said estate in such forms as shall be provided by the directors, to be recorded
in the county Registers
^Recorders^ office in the county where [...?]
^said^ lands lies or said lien shall not be construed to effect the right of a subsequent purchaser
of said real estate
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shall have a lien thereon against the assured during ^the continuance of^ his policy, [6 In case of any loss or damage by fire happening to any member upon property insured
in and with 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 such loss or damage may have happened, and the Directors,
upon a view of the same or in such other way as they may deem proper shall ascertain
and determine the loss amount of said loss or damage; and if the party suffering is not satisfied with
the determination of the directors the question may be submitted to referees or the
said party may bring an action against said company in the circuit Court of morgan county within one year from the happening of said loss or damage by fire and not afterwards; and if upon ^the^ trial of said action a greater sum shall be recovered than the amount determined
upon by the directors the party suffering shall have Judgement therefor against said
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company with intrest thereon from the time said loss or damage happened and costs of suit; but if no more
shall be recovered than the amount aforesaid so determined upon by said Directors
the said party shall become nonsuit and the said company shall recover their costs; but the Judgement last mentioned shall in no wise affect the claim of said suffering party to the amount
of loss or damage as determined upon by the Directors aforesaid and execution shall
not issue on any judgement against said company untill after the expiration of three months from the rendition thereof.
7. The directors shall, after receiving notice of any loss or damage by fire sustained
by any member and ascertaining the same; or after the rendition of any Judgement as aforesaid against said company for such loss or damage, settle and determine the sums to be paid by the several
members thereof, as their respective portions of such loss, and published the same
in such maner as they shall see fit or as the by-laws shall have prescribed; and the sum to be
paid by each member shall always be in proportion to the original amount of his deposite note or notes and shall be paid to the treasurer
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within thirty days next, after the publication of said notice. And if any member shall,
for the space of thirty days after this
^such^ notice, neglect or refuse to pay the sum assessed, as his portion of any loss as
aforesaid in such case the directors may sue for and recover the whole amount of his
deposite note or notes with costs of suit and the money thus collected shall remain in the
treasury of said company subject to the payment of such losses and expenses as have or may hereafter accrue;
and the ballance if any remain shall be returned to the party from whom it was collected, on demand,
after thirty days from the expiration of the term for which insurance was made
8. If the whole amount of the deposite notes shall be insufficient to pay the loss occasioned by any one fire in such case
the sufferers insured by said company shall receive towards making good their respective losses, ^a^ proportionate dividend of the whole amount of said notes according to the sums by
them respectively insured; and the in addition thereto a sum to be assessed on all the members of said company not exceeding one Dollar on every hundred Dollars by them respectively insured; and
the said members shall never be required to pay for any loss occasioned by fire at
any one time more
...?] each hundred Dollars insured in said company in addition to the amount of his deposite note or notes; nor more than that amount for any such loss after his said note shall
have been paid in and expended; but any member upon the payment of the whole of his
deposite note and surrendering his policy before any subsequent loss or expense has occured, may be discharged from said company
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more than one Dollar on[9 The said company may make insurance for any term not exceeding ten years; and any policy of insurance
issued by said company and signed by the President and countersigned by the secretary, shall be deemed valid
and binding on said company in all cases when the assured has a title in fee simple unincumbered, to the building or buildings insured, and to the land [covered?] by the same; but if the assured have a less estate therein or or if the premises be incumbered the policy shall be void, unless the true title of the assured, and the incumbrances on the premises be expressed therein, and in the application therefor
^Sec[Section]^ 10. When any house or other building shall be [?], by sale or otherwise, the policy shall thereupon be void, and be surrendered to
said Company the directors of said company, to be canceled; and upon such surrender the assured shall be intitled to receive
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his deposite note upon the payment of his proportion of all losses and expenses that have accrued
prior to such surrender. But the grantee, or alienee, having the policy assigned to
him for his own proper use and benefit, upon application to the directors and with
their consent, within thirty days next after such alienation, on giving proper security
to the satisfaction of said Directors for such portion of the deposite or premium note, as shall remain unpaid, shall be entitled to all the rights and
privileges, and subject to all the liabilities of the original party insured.
Sec 11 If any alteration shall have been made in any house or building by the proprietor
thereof after insurance by
^with^ said company whereby it may be exposed to greater risque or hasards
by ^from^ fire than it was when insured, the insurance made upon such house or building shall
be void, unless an additional premium or deposite after such alteration be settled with and paid to the Directors
^Sec^ 12 William Brown, John Hardin James Dunlap John Wyatt ^12^ William Miller, Carlton H. Perry William Thomas Ignatius R. Symes John P. Wilkinson Bezaleel Gillett Cornelius Hook David B. Ayers, Porter Clay,
shall be the first directors of said company who may call the first meeting of the Directors of said company at any time and place at [...?] Jacksonville in the County of
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of Morgan aforesaid by advertising in the newspaper of said printed at said town giving at least fifteen days notice.
13. The Business of said Corporation shall be carried on in the said town, of Jacksonville. The Legislature may at any time alter modify or repeal this act
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11
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An act to incorporate the Morgan County Mutual fire Insurance Company
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2
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Sel. Com.
Gordon
[Dunn?]
Hunt
Gordon
[
Hunt
Handwritten Document, 8 page(s), Folder 26, HB 26, GA/Session: 9-2, Illinois State Archives (Springfield, IL) ,