Sec[Section] 1^st 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 and appointed, a body politic and Corporate for the term of fifty years, by the name of the Mississippi and Rock river Canal Company for the purpose of constructing and maintaining a canal, commencing at the most eligible point at or near the Town of Milan in Rock Island county on said Mississippi river, and running thence to Rock river on such route as a majority of the Directors of said company shall determine to be best adapted to the public accommodation, and take, transport, carry, and convey, property and persons upon the same, by the power and force of steam, of animals, or any mechanical power, or any combination of them.

Sec 2. If the said corporation hereby created, shall not, within two years from the passage of this act commence the construction of said canal and expend at least the sum of three thousand dollars thereon; and shall not with in four years from the passage of this act, finish said canal, and put the same in operation, then the said corporation, shall, thenceforth forever cease and this act shall be null and void

Sec 3 The capital stock of said corporation, shall be one hundred and fifty thousand dollars, which shall be divided into shares of one hundred

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Dollars each, which shall be deemed personal property, and be transferable in such manner, as the said corporation shall by its bye laws direct.

Sec 4 Charles Oakly, Charles S Hempstead, Henery Ogden, John Whipple, and Charles C Wilcox, shall be commissioners, whose duty it shall be within one year from the passage of this act, at the said Town of Milan, and in the cities of Providence, New York and at such other places as the commissioners may deem expedient, to open books, to receive subscriptions to the capital stock of said corporation, and thirty days public notice shall be given by the said commissioners, of the time and place of opening ^such^ books, in the news paper printed in Galena, Providence and New York: and the said commissioners shall at the time of any subscription by any person or persons for the capital stock of said corporation, require the payment to them by the person or persons subscribing, of ten dollars on every one hundred dollars subscribed; and unless the same shall be paid, the subscription shall be invalid and void, and in case of greater amount of capital stock shall be subscribed for, than the sum of one hundred thousand dollars, the said commissioners shall distribute the stock in such manner, as a majority of them shall deem most advantageous to the interest of the corporation; and whenever the said capital stock shall have been subscribed, and distribution made as aforesaid, or as soon thereafter as practicable, it shall be the duty of said commissioners to issue thirty

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days notice in a public news paper printed in Galena, Providence and New York for a meeting of the stockholders of the corporation, to meet at said Town of Milan to choose seven Directors, and such election shall then and there be made, by such stockholders as shall attend for that purpose, either in person or by lawful proxy; each share of the capital stock owned thirty days previous to the day on which any election for Directors shall take place, shall entitle the owner to one vote either personally or by lawful proxy, and the said commissioners or a majority of them shall be inspectors of the first election of directors of said corporation, and shall certify under their hands, the names of those duly elected, and deliver over the subscription money and books to said Directors; and the time of holding the first meeting of the Directors, shall be appointed by the commissioners and the said Directors shall cause such examinations and surveys for the said Canal to be made, as may be necessary to the selection by them of the most advantageous line, course or way for said canal on the route set forth in the first section of this act: and the said Directors shall, after such examinations and surveys shall be made, select and by certificates under their hands and seals, designate the line, course or way, which they or a majority of them shall deem most advantageously for the said canal one report survey, courses, and distances with the certificate annexed thereto shall be filed in the office of the secretary of State and one to be presented to the Recorder of Rock Island

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county, to be recorded, filed and preserved; which line course or way so selected, certified and recorded, shall be deemed the line, course or way on which said corporation shall construct said Canal.

Sec 5 The first directors to be chosen, shall hold their offices intill the first monday of June in the year next suceeding their election, and untill others shall be chosen; and every election of Directors thereafter shall annually at Milan on the first monday of June, in each and every year, giving thirty days previous notice of the same in some public news paper published in Galena, Providence and New York: All elections shall be by ballot, and a majority of the votes given, shall constitute a choice, nor shall any stockholder be eligible to the office of Director, unless he shall own stock to the amount of three hundred dollars.

Sec 6 In case it should at any time happen that an election of Directors shall not be made on any day, when pursuant to this act, it ought to have been made, the said corporation shall not for that cause be deemed to be dissolved; but such election may be held at any other time directed by the bye laws of said corporation within sixty days after the day, in which it should have been held.

Sec 7. The corporation is hereby empowered to purchase, receive and hold such real estate as may be necessary and convenient in accomplishing the objects for which this corporation is granted;

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and may by their agents, surveyors, and engineers, enter upon and take possession of, and use all such lands and real estate as may be indispensable for the construction and maintenance of their canal, and the accommodations required and appertaining thereto, and may also receive, hold and take all such voluntary grants and donations of land and real estate for the purpose of said canal, as shall be made to said corporation, by the General Government, or any individuals to aid in the construction, maintenance and accommodation of said canal: completely vesting said corporation the fee simple of the same. But all lands or real estate thus entered upon for materials or otherwise, which are not donations or owned by the company shall be purchased by the said corporation of the owner or owners of the same, at a price to be agreed upon mutually between the parties: and in case a disagreement as to price, and before taking any materials, or making any portion of said canal on said land, it shall be lawful for the commissioners superintendant or other authorised person, to apply to some Justice of the Peace of the county where the same may occur, who shall cause three free holders to be summoned and after being sworn faithfully and impartially to examine the materials or ground to be pointed out to them by the commissioner superintendant or other authorised person or persons: and notice having been given to the owner of the property said free holders, shall assess the damages which they shall believe such owner or owners will sustain over and above the additional value where

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which such lands will derive from the construction of said canal, and make two writen reports, signed by at least a majority of them, one of which they shall deliver to the commissioner or other person requesting the view, and the other to the Justice of the Peace, and the amount of damages and cost being paid to the owner, or deposited with the Justice of the Peace, the road may be located, constructed and materials taken: but if either party shall be dissatisfied an appeal may be taken to the circuit court of the county by petition, stating all the facts of the case; and the circuit court to whom such appeal shall be prosecuted, shall direct such notice to the owner and parties as may be deemed fair and reasonable, of the time and place of hearing the parties, and upon proof and of due service of such notice, and upon hearing the parties, said court shall appoint three competent, and disinterested free holders of the county in which the land is situated to be commissioners to appraise said lands and the damages the owner or owners thereof, shall sustain by reason of their appropriation, to the uses of said company. The said commissioners shall cause due notice in writing to be served on said owner or owners, or in case of abscence to be left at his or their usual place of residence, of the time when they will act in the premises, they shall examine the lands, may administer oaths and hear testimony and shall make their appraisement in writing without delay under their hands, with a accurate description of the land appraised with a map

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thereof awarding to the owner or owners thereof what they shall deem to be due, and the full value thereof, as also the damages if any they otherwise may sustain from the making and maintaining of said canal, and report the same with the testimony taken to the court. The court shall examine said report, and if required by either, hear the parties in relation thereto, and increase or diminish the damages and valuation if the court shall be satisfied that injustice has been done; and the commissioners shall be allow[ed] such sum for their services, and such costs shall be allowed to the parties, as to the court may deem right and just: and said court shall make a decree for the payment of damages and conveyance, describing the land and reciting the appraisement of damages and the mode of making it, and all other facts necessary for a compliance with this act, and when the order or decree shall be fully complied with on the part or behalf of the company. The company shall be possessed of all such lands or real estate, and may enter upon and take possession of an use the same for the purposes of said canal.

Sec 8 In case any married woman, infant, idiot, or insane person, or no resident of the State, who shall not appear after such notice, shall be interested in any such lands or real estate, the circuit court shall appoint some competent and disinterested person to appear before the said commissioners, and act for and in their behalf.

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Sec 9 The said corporation is hereby authorised and empowered to regulate the time and manner in which goods, passengers, and property shall be transported, taken and carried on the same, and shall have power to erect and maintain toll houses and other buildings necessary for the accommodation of their concerns, and from time to time to fix, regulate demand and receive the tolls and charges by them to be received for transportation of persons and property on said Canal.

Sec 10 If any persons shall wilfully do, or cause to be done, any act or acts whatever, whereby any buildings, construction or work of the said incorporation, or any matter or thing appertaining to the same, shall be stopped, obstructed, injured or destroyed, the person or persons so offending, shall be deemed guilty of misdemeanor, and shall forfeit and pay to said corporation, double the amount of damages sustained by means of such offence or injury, to be recovered in the name said corporation, with costs of suit, by action of debt, and shall be subject to indictment and punishment for the crime and offence as in other cases.

Sec 11 All the officers and agents necessary to carry on and superintend the interest of the corporation shall be appointed or elected, and continue in office as the Directors shall determine and point out in the bye laws and general regulations of the company: and it shall be lawful for the Directors to require payment of the sums to be subscribed to the capital stock

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at such times, or in such proportions, and on such conditions as they shall deem fit and right, under the penalty of the forfeiture of all previous payments thereon, and shall give notice of the payments thus required, and of the place and times when and where the same are to be paid, at least thirty days previous to the payment of the same in a public news paper printed in Galena, Providence and New York.

Sec 12 The said corporation may make out and establish such bye laws, rules, and regulations as shall from time to time appear necessary for the good government of the same, and the preservation an due management of their property, interest and affairs.

Sec 13 The said corporation shall have the right to bring suit in any court in the state having jurisdiction of the case, and prosecute to judgment, and recovery, and defend when sued, both in law and Equity, and shall be entitled to all the rights and privileges, which such corporation, by the common and statue laws, governing the case, ought and should of right have: an in like manner the company may be sued in any court in the state, which according to the rules of law and equity, can take cognizance of the case. The whole of the stock of the company and corporation shall be deemed personal property, are together with all the tools implements, machinery

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apparatus of every description, used and employed, or on hand belonging to the company shall be liable to be seized, executed, and sold, after judgment, to make good any contract, agreement or stipulation made by any agent, superintendant or authorised person, and it shall be a sufficient service of process, to serve the same either on the President of the board of Directors, or the secretary of the company, and in case of abscence, to leave a copy at the office thereof

Sec 14 It shall be the duty of the President and secretary, to make out a just and true statement in relation to the condition and acts of this corporation, and shall make return thereof to the Legislature at each regular session thereof, to the truth of which statement the President and secretary shall make oath and certify the same under their hands.

Sec. 15 The state reserves to itself the power to repeal, alter or amend this act if the public good shall so require; provided however, that if the said corporation shall commence or complete the said canal according to the provisions of this act, and shall not infringe or violate their charter, then if this act be repealed, the faith of the state shall be and hereby is pledged to pay to the said corporation, the cost of said canal locks, Coal

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houses and surveys, with interest from the time the same were severally finished and no more, and the same shall forever thereafter, vest in and belong the property of the State to all intents and purposes whatsoever.