Sec.[Section] 1. Be it enacted by the people of the State of Illinois Represented in the General Assembly That Luke Webster. Thos W. Clark, Levi D. Ellis[,] Henry Zull, Pleasant H. Odle. Wm Cozby, Charles Gardner, Richard Freeman, Ossian M. Ross, Stephen Rigden, H. D. Evans, Cyrus Walker, James Ogdon, J. L. Sharp, William W. Bayly, L. H. Robertson, James M. Campbell and John Atkinson, their associates and successors are hereby constituted a body corporate and politic,
by the name and style of the Spoon River Navigation Company and by that name, they, their assigns, and successors, shall be capable in law and
equity of contracting and being contracted with, suing and being sued, pleading and
being impleaded, answering and being answered, defending and being defended, in all
courts & places whatsoever, in all manner of suits, actions, complaints, matters[,] and causes whatsoever; they may have a common seal, and may change and alter, the
same at pleasure, and do and perform all other acts and things which may be necessary
to carry into effect, the true intent and meaning of this act; they are hereby invested
with all the privileges and advantages usually belonging to Corporations, in purchasing,
taking, holding, enjoying, conveying, and transferring real and personal estate by
gift[,] grant[,] purchase[,] or otherwise
Sec 2 The capital Stock of said Company shall be one hundred thousand Dollars, with the privilege of increasing it to two
hundred thousand Dollars, to be divided into shares of one hundred Dollars each The persons named in the first section of this act, are hereby constituted Directors
for the time being, and Commissioners to open the books of the said Company, who shall or a majority of them, as soon as may be after the passage of this act,
to meet (or of those who will act) and proceed to open or cause to be opened, as many
books, at as many places as they may deem expedient, for the subscription of stock,
and when ten per. cent. on the whole amount of stock shall have been subscribed, and ten dollars paid in
on each share thus subscribed, said Commissioners shall give at least three weeks
notice in some public Newspaper printed in this state, to the stockholders to meet at some suitable time and place for the purpose of electing
a President and Six Directors for said Company, which votes shall be given by ballot, and the person receiving the greatest number
of votes for President and the six persons receiving
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the greatest number of votes for Directors, shall be declared, respectively duly elected
President and Directors
Sec 3. Said President and Directors so elected, and their successors in office, shall
proceed to commence the work, and shall have power, to enter upon any land in or adjoining
the said Spoon River, not private property, to take and use timber, stone, and other materials, necessary for opening a canal
round any fall in said river, or lowering and opening the channel of the same, and also to make dams, locks, and
aqueducts, and such other work for the improvement of said navigation, as they may
deem necessary; And the Directors of said Company, for the use and benefit thereof, are hereby fully authorized to Open a lock and
Canal Navigation on said River, from its co^n^fluence with the Illinois River to Fulton, with the privilege of extending said slack water navigation to Ellisville on said River
Sec 4. Whenever the said Company shall have completed any one dam, lock, Canal, aqueduct, or other portion of the
improvement of said Navigation, so as to admit of the safe and easy passage of boats
and other crafts, it shall be the duty of the Commissioners Court of the County of Fulton, to fix and establish rates of Toll for the passage of such boats or crafts, through
such improvement, so far as completed, and so of the whole when finished, Subject
however to be raised, lowered[,] or altered by the Legislature upon applicationSuch rates of Toll when so established, shall be published in at least two Newspapers
nearest said River. It shall and may be lawful for the collector or Toll gatherer of said Company, to stop and detain all boats or crafts, intending to pass any such lock &c.[etc.] until the said rates of Toll shall be paid; if any such boat or craft after having
passed any such Lock &c shall afterwards refuse to pay the Toll or rates aforesaid, the person having the
charge of such boat &c so refusing shall forfeit and pay to said Company double the amount of such Toll or rates, to be recovered by action of debt or otherwise
before any Justice of the peace, and the property of such Boat and the lading of the
same, shall be liable to execution on any Judgements so recovered whether it belongs to the person or not
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Sec 5. The President and Directors shall constitute a board for the transaction and
management of the concerns of said Company, and be competent for the transaction of business, and shall and may from time to
time make and prescribe such by Laws, rules, and regulations, touching the concerns of said Corporation, the duties of the Officers, Agents, Clerks[,] and all other persons by them employed, the mode of conducting future elections,
and every other matter relating to said Corporation, and necessary to carry into effect any and every part of this act, with power to
appoint a secretary who shall be sworn by a Justice of the Peace to the faithful discharge
of the duties of his Office, who shall record all votes of the corporation in a book to be kept for that purpose, and also a Treasurer, who shall give bond
in such amount and in such manner as the board shall prescribe, and such other officers,
Agents, Clerks, and hands, as may be necessary for carrying on the business of said
Corporation, with such salaries and allowances as the said Board shall deem proper, and to dismiss
such persons, and substitute others at pleasure in their stead. provided that such
bye Laws, rules[,] and regulations shall not be repugnant to the Constitution and laws of the United
States and of this State
Sec 6. The Company shall at all times keep or cause to be kept proper books of accounts in which shall
be registered all the transactions of the Corporation, and the same shall at all times, be subject to the inspection of the stockholders,
and it shall be the duty of the board, to make annual dividends, of so much of the
profits of the said Company, as to them or a majority of them shall appear advisable, and if thereunto required
by a majority of the votes of the stockholders, they shall from time to time, exhibit
or cause to be exhibited to them at a General meeting, for their information, a full
and perfect statement of the debts and credits, and such other matters, as to them
may be deemed essential, relating to the affairs of the Company, Copies of which reports shall be furnished by the secretary, to the order of any
stockholder when thereunto requested
Sec 7. This act shall continue and be in inforce for fifty years from and after its passage, and the said Company shall be entitled to all the privileges granted by this act until the expiration
of that time.
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Provided however That the Legislature may at any time after ten years, dissolve said Corporation by pay- ing to said Company the amount of the capital which they may actually have expended, together with ten per cent interest per annum thereon. |
whenever this Corporation shall be dissolved by the Legislature as above provided for, or the term of fifty years shall have expired, then all the
lands, locks, dams, and other works of said Company, which have been acquired, created, and made, under and by authority of this act,
shall thereupon become the property of this state, and this act shall be deemed taken, and construed a public act
Sec 8. Said board shall commence the work within two years and complete the same within
ten years from and after the passage of this act otherwise said charter shall be forfeited.
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[ docketing
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No 44
[ docketing
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[02]/[27]/[1837]
[02]/[27]/[1837]
passed as amended
[ docketing
]
[01]/[30]/[1837]
[01]/[30]/[1837]
Engrossed
1These legislators formed a select committee in the Senate that considered the bill.
Illinois Senate Journal. 1836. 10th G. A., 1st sess., 376.
Handwritten Document, 6 page(s), Folder 98, HB 104, GA Session 10-1, Illinois State Archives (Springfield, IL) ,