In force 11th Feb[February] 1837
AN ACT to incorporate the Rock Island City Bridge Company.
1Incorporation
Sec.[Section] 1. Be it enacted by the people of the State of Illinois represented in the General Assembly, That all persons who shall become stockholders, pursuant to this act, shall be and
they are hereby constituted a body politic and corporate by the name of “Rock Island City Bridge Company,” for the term of fifty years.
Capital stock and share
Sec. 2. The capital stock of said company shall be divided into one thousand three hundred shares of one hundred dollars each.
Commissioners to open books for subscription and what amount required to be paid
Sec. 3. George Davenport, Levi C. Turner, William Dickson, Miles W. Conway, John W. Spencer, John S. Miller and William Curr shall be commissioners for opening books for receiving subscriptions to the capital
stock of said corporation. The said books shall be opened on or before the first day of September next, and
each of the said commissioners may receive subscriptions, and on subscribing shall
be paid five dollars on each share subscribed.
When $500 subscribed. uotice to be given of meeting.
To choose directors and number
Quorum
A new election to be held annually
To choose a President
Sec. 4. Whenever five hundred shares of the stock of the said corporation, [s]hall be subscribed, the commissioners shall cause to be given to the stockholders
at least twenty days notice of the time and place of meeting of the said stockholders,
by publishing once in each week, next preceeding said time of meeting in two newspapers, printed nearest to the place of erecting
the bridge to choose directors. At the time and place appointed the stockholders shall choose seven directors being
stockholders of said corporation, a quorum of whom shall be competent to transact business. A new election of directors shall be made annually at such time and place as the
stockholders at their first meeting shall appoint. The directors, at any election shall, as soon thereafter as may be, choose out of their number one person to be president, and shall also appoint a
secretary and a treasurer.
Directors may keep subscription books open
Sec. 5. The directors may continue to receive subscriptions to the stock of said company until the whole number of shares shall be subscribed.
May demand subscription money under penalty of forfeit
Sec. 6. The directors may demand from the stockholders respectively, all such sums of money
by them subscribed at such times and in such proportions as they may think proper,
under the penalty of forfeiting their respective shares, and all previous payments
thereon to the said president, directors and company, not impairing the right of enforcing payment by process of law of the subscription
made under this act as aforesaid.
May erect a bridge across Rock river
Sec. 7. The said corporation may erect a bridge across Rock river, at Rock Island City. Said bridge is to be so constructed as to do no injury to the navigation of the
riv-
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er, and that steam or other boats may pass without difficulty.2Power to take possession of lands
To pay for same & how
Sec. 8. The 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 the said bridge shall be erected; and the said corporation, on taking possession of any such land, or on receiving a conveyance thereof, shall
pay the owner or owners 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 all other works to the said bridge; and in case of disagreement between
the parties as to such value, the same shall and may be ascertained by three freeholders
of the county of Rock Island, who shall be appointed for that purpose and sworn to make a just valuation, by the
county commissioners’ court, on application of or from the said President and directors, to them for such appointment.
Rates of toll
Sec. 9. Whenever the said bridge shall be completed and the fact certified by one of the
commissioners of the county court of Rock Island county, the rates of tolls are to be regulated by the president and directors of said company, subject to the approval of the county commissioners’ court.
Forfeiture for injuring bridge, and how recovered
Sec. 10. If any person shall wilfully impair or injure the said bridge, he shall forfeit and
pay to the corporation the sum of twenty dollars, to be recovered with costs of suit, and shall also be
liable to pay to the said corporation double the amount of damages sustained, with costs of suit, to be recovered in an
action of trespass.
Forfeiture for passing gates without paying toll
Sec. 11. If any person shall
forcibly pass the gate without paying the legal toll, he shall forfeit and pay to
the said corporation eight times the amount of legal toll, to be recovered by action of debt with costs
of suit.
Forfeiture for requiring more than legal toll
Persons going to or returning from church.
How recovered
Persons going to or returning from church.
How recovered
Sec. 12. If any toll-gatherer shall unreasonably delay or hinder any passenger at the gate,
or receive more than the legal toll, or shall demand or receive toll from (any) person
or persons, either on foot or in carriages, going to or returning from their usual
place of attending religious worship, he shall, for every such offence, forfeit and pay the sum of five dollars, to be recovered with costs, to the use
of the person or persons unreasonably delayed or hindered.
Shares to be personal
May be transferred
May be transferred
Sec. 13. The shares of the stockholders of the said corporation shall be considered to be personal estate, and shall and may be transferred as such.
No other bridge to be erected in two miles
Sec. 14. It shall not be lawful for any person to erect a bridge across the Rock river within two miles of said bridge at any time when the said bridge shall be in a safe
state for crossing over the same.
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Width, &c.[et cetera]
Sec. 15. The said bridge shall be built not less than twenty-four feet wide, and be well secured
by a railing on each side not less than four feet high.
Penalty for riding or driving out of a walk, or driving more than twenty head of cattle
or horses over the bridge at a time and how recovered
Sec. 16. It shall not be lawful for any person or persons to ride or drive over said bridge
faster than a walk with his, her, or their teams: nor shall it be lawful for any person
or persons to drive more than twenty head of cattle or horses, on said bridge at a
time, on penalty of forfeiting for every such offence not less than five dollars, to be recovered with costs of suit in the name of the
treasurer, for the use of the said corporation, if a notice to this effect shall be posted at each end of the bridge.
When to be begun and when finished, &o.
Sec. 17. If the said bridge shall not be commenced within one year and completed in five years
after the passage of this act; or, if the same shall be carried away or destroyed
and not rebuilt within eighteen months thereafter, then the said corporation shall from thenceforth cease, and this act be null and void.
Reservation
Sec. 18. The Legislature reserves the power and privilege of altering, amending or annulling this act whenever
in its opinion the public welfare shall require it.
Approved 11th February, 1837.
1On December 16, 1836, Elijah Charles in the House of Representatives presented a petition of sundry citizens, requesting passage of a law incorporating
a company to build a bridge across the Rock River at Rock Island. The House referred the petition to the Committee on Petitions. In response to
this petition, Stephen A. Douglas of the Committee on Petitions introduced HB 28 in the House on December 23. The House passed the bill on December 29. On January
2, 1837, the Senate tabled the bill. On February 7, the Senate took up the bill, passing it without
amendment on February 8. On February 11, the Council of Revision approved the bill and the act became law.
Illinois House Journal. 1836. 10th G. A., 1st sess., 59, 94, 137, 515, 544, 551, 572; Illinois Senate Journal. 1836. 10th G. A., 1st sess., 130, 139-40, 362, 364, 389.
2The Northwest Ordinance of 1787 established the principle of the free navigation of the Mississippi River and its tributaries, and river and steamboat interests frequently challenged the
builders of bridges to maintain that right.
“An Ordinance for the Government of
the Territory of the United States, North West of the River Ohio,” art. 4 (1787);
Columbus Insurance Co. v. Peoria Bridge Co. (1854), Martha L. Benner and Cullom Davis et al., eds. The Law Practice of Abraham Lincoln, 2d ed. Springfield: Illinois Historic Preservation Agency, 2009.
Printed Document, 3 page(s), Incorporation Laws of the State of Illinois, Passed at a Session of the General Assembly (Vandalia, IL: William Walters, 1837), 29-31, GA Session: 10-1