In force March 3, 1837.
AN ACT to incorporate the Spoon River Navigation Company.
1Constituted a body politic & corporate
Name & style
Power & privileges
Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That Luke Webster, Thomas W. Clark, Levi D. Ellis, Henry Gull, Pleasant H. Odle, Wm. Cozby, Charles Gardner, Richard Freeman, Joseph Webster, Stephen Rigdon, H. D. Evans, Cyrus Walker, James Ogdan, J. L. Sharp, William W. Bugby, L. H. Robertson, James M. Campbell, 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;”2 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 and pleas 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, and transferring
real and personal estate by gift, grant, purchase, or otherwise.
Capital stock
Commissioners to open books of corporation
Notice to be given
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 books of the said company, who shall, or a majority of them, as soon as may be after the passage of this act,
meet (or of those who will act) and provide 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
<Page 2>
shall give at least two 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 the greatest number of votes
for directors shall be declared, respectively, duly elected president and directors.
President and directors to commence work
To open a lock, &c.[etc.]
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
Spoon River; 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 full authorized to open a lock and canal navigation on said river from its confluence with the Illinois river to Fulton, with the privilege of extending said slack water navigation to Ellisville on said river.
County commissioners to fix rates of toll, subject to, &c.
Passing lock without paying to forfeit, &c
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 and altered by the legislature upon application. Such 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 retain all boats or crafts, intending to pass any such lock, &c. 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 charge
of such boats, &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 loading of
the same shall be liable to execution on any judgment so recovered, whether it belong
to the person or not.
President and directors to manage concerns of company
Officers to be sworn
Treasurer to give bond.
Sec. 5. The president and directors shall constitute a board for the transaction and management
of the con-
<Page 3>
cerns 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 by-laws, rules, and regulations shall not be repugnant to the constitution and laws of the
United States and of this State.
Company to keep books
Statement of debts and credits to be made out
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 required.
Corporation to be in force 50 years
Proviso
Sec. 7. This act shall continue and be in force 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: Provided, however, That the legislature may at any time after ten years dissolve said corporation by paying to said company the amonnt of the capital which they may actually have expended, together with ten per cent. interest per annum thereon.
When to be commenced & completed
Sec. 8. Said board shall commence the work within two years, and complete the same within
ten years, from
<Page 4>
and after the passage of this act, otherwise said charter shall be forfeited.
Company to pay damages
Sec. 9. The said company shall be holden to pay all damages that may arise to any person or persons, by taking
their land, stone, or gravel, or any material for the construction and maintenance
of said canal or slack water navigation, locks, or dams, when the same cannot be obtained
by voluntary agreement, to be estimated and recovered (in the manner laid down for
the recovery of) damages caused by the laying public high-ways.
Guardian may release damages
Sec. 10. When the lands, or other property or estate of any married woman, infants or
persons non compos mentis, shall be necessary for the construction of said works, the husband of such married
woman, and guardian of such infant or person non compos mentis may release all damages in relation to the lands or estate to be taken and appropriated
as aforesaid, as fully as they might do if the same were holden in their right respectively.3
Approved, 3d March, 1837.
1On January 10, 1837, Asel F. Ball introduced HB 104 in the House of Representatives. On January 26, the House referred the bill to a select committee. The select committee reported back the
bill on January 30 with an amendment, in which the House concurred. The House passed
the bill as amended on February 6. On February 9, the Senate referred the bill to a select committee. The select committee reported back the bill
on February 27 with various amendments, in which the Senate concurred. The Senate
passed the bill as amended. On March 1, the House concurred with the Senate amendments.
On March 3, the Council of Revision approved the bill, and the act became law.
Illinois House Journal. 1836. 10th G. A., 1st sess., 226, 397, 425, 487, 737, 785, 816, 829; Illinois Senate
Journal. 1836. 10th G. A., 1st sess., 359, 376, 535, 604.
Printed Document, 4 page(s), Incorporation Laws of the State of Illinois, Passed at a Session of the General Assembly (Vandalia, IL: William Walters, 1837), 259-62, GA Session: 10-1