An act to incorporate the Bureau [and Rock] island Canal Company.

Sec.[Section] 1. Be it enacted by the people of the [state of] Illinois, represented in the General Assem[bly] That all such persons as shall hereafter become stock holders in the incorporation hereby created shall constitute a ^company and body^ corporate and politic, by the name [of the] Bureau and Rockisland Canal Company . . . power to construct and during the . . . to maintain and continue a Canal . . . river at such point as said in . . . most expedient in the vicinity . . . of the Bureau or Robertson . . . rivers by the valley of . . . in Putnam County and hence by the . . . Winebago swamps and Green river in . . . Henry Counties to Rock river at such . . . as said Incorporation shall determine . . . ^x^ any part of Jo Daviess County, and if . . . it expedient, extend the line of said . . . Mississippi river; And said Company here . . . shall have the right and power to use for . . . of supplying said Canal the waters of any [?] Lakes, ponds[,] or collection of water in the vicinity of the line of said Canal which they may [?] necessary or expedient to carry the same [?] and said company or incorporation shall [?] and power to transport, take, and carry [persons and?] all kinds of property on the whole or any part of said canal and also to have, hold, use and enjoy the same and the tolls and profits thereof for [and during?] the persons of fifty years.

Sec. 2. The capital stocks of said incorporation shall be one million of dollars, with power to [increase?] the same by new subscription, in such [manner?] and form as they may think proper . . . increase shall be deemed necessary by . . . to fulfill the intent of this act, which [said?] . . . stock shall be divided into shares of one [hundred?] dollars each, which shall be deemed personal property and transferable in such manner as the said incorporation shall direct.

Sec. 3. That Charles Oakley, ^of Tazewell County ^, Augustus [?] Lewis Durley, M. B. Hayes, George Willis[,] and John [?] Stevens of Putnam County, Lawrence [?]

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of Lasalle County, William [?] Taylor and William Jones of Cook County [?] Joseph Conway[,] and Turner of [Rock Island?] County are hereby appointed Commissioners the [?] of whom or a majority of them, shall ^be^ within one year after the passage of this ^act^ to open books for [subscription] to the Capital stock at such suitable places in [?] of the towns or cities in this State as they [?] deem expedient and if the whole capital . . . will not, in their opinion be taken. . . [?] may proceed to open books at any other . . . or places they may deem [?] things as in their opinion is best calculated to [?] stock taken by subscription at all times given [?] notice of the times and places of opening said [books]

Sec. 4. That as soon as the whole or one hundred thousand dollars of the said Capital Stock shall [?] subscribed, said Commissioners shall give like [?] as general notice for a meeting of the [stockholders] [?] choose thirteen directors; and such [?] then and there be made by such[stockholders] [?] shall attend either in person or by proxy; and [?]persons to[?] the highest number of voters. . . shall [?] duly stated each share of capital Stock [?] days [?] to an election shall entitle [?] one vote The Commissioners who . . . of stock, shall be inspectors of the first . . . certify under their hands and seals . . . elected directors; and deliver over the . . . to said directors. The first meeting of . . . shall be held at Windsor, . . . the election, of ^ . . . ^ . . . of holden, . . . be given by the directors . . .

Sec. 5, That in case a greater. . . shall be subscribed for than . . . [sub]striction of the whole or such . . . as the directors shall designate the . . . taken from each Subscription in proportion to . . . amount subscribed.

Sec 6 At the first meeting of the directors . . . an election, they shall choose one of their own . . . as president; and the directors first elected [shall] . . . continue in Office untill the first ^ [?] ^ of . . . ceeding to their election and untill . . . and elections shall be held annually . . .

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first Monday of june at such place as the directors shall designate; and subsequent elections shall be held under the direction of three Stock holders being directors, who shall be previously [?] for that purpose by the directors. All elections shall be by ballot. No ^person^ shall be a director who shall [not] at the time of the election own two hundred dollars[?] stock. In case an equal number of votes shall [?] time be given for two or more persons for [?] having a plurality of voters [?] who shall be entitled to [?]

Sec. 7. In case it shall at any time [?] no election shall be held for [?] required by this act, the said Corporation shall not thereby be dissolved, but new elections may be [?] and notified by any five stockholders and [?] previously in office, if any, shall continue in office until successors are elected.

Sec. 8. As soon as an adequate amount [?] Stock of said incorporation becomes [?] the said directors shall cause such [?] to be made as [?] of the most advantageous [?] of [?] Illinois river, by the town of Windsor in [?] county, to such point or place on [?] county or Rockisland County, as they [?] termination of the same, on said river, and [?] point on the right bank of the same as nearly [?] said termination as may be practicable, to the [?] river, at such point thereon as they shall deem [?] advantageous and said directors shall locate [?] canal on the [?] the [?] points [?] shall make a map thereof [?] and seals upon such maps the courses[?] the route or routes selected describing the Canal [?] which it passes and file one copy of the same [?] certificate ^ [?] a statement of the cost of the same^ with the Secretary of State; and [?] company or incorporation shall be authorised [?] and make the said canal on the [?]

Sec 9 The said corporation [?]

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And shall be authorised to have and [?] all lands which may be given, granted [?] same, by the United States, or by any [?] and to sell and convey the same. It shall also . . . to enter upon, and [?] any and all lands, over and [?] the said canal may pass, and so much of said canal [?] be necessary to the construction of the said Canal and. . . convenient [?] and [?] of the [?] . . .; Also [?] use timber, Stone and such other materials as [?] to the construction and [?] Provided, That said company shall [?] owners of land, entered upon and [?] damages sustained by such owner or owners of [?] the value thereof before entering upon and [?] And if said company and owner or owners shall be [?] agree upon the damages sustained by entering up0n [?] said land ^or^ lands and real estate, or the [?] stone and materials; such damage or the [?] of [?] stone and materials, aforesaid, shall be [?] and according to the the provision of the [?] “an Act concerning the rights of way, and for [?] purposes” approved 28^th of February, 18[33] Provided that in any case where the [?] of the said canal on the feeders, locks, [?] other appendage of the same shall [?] injure any mill or mills or other[?], which may at the time be in operation [?] progress of construction, it shall be at the [?] the owner or owners of such Mill or Mills or [?] water-power machinery to recieve and use[?] equal amount of water power, at any place [?] or along said Canal where it may be created [?] may be conveniently provided for in and by the construction of dams[,] locks, [?] in lieu of those rendered useless or which may be injured by the diversion or obstruction of [?] courses

Sec. 10 The said Company shall be authorised to use the waters of the Bureau and Green river and [?] or all of their branches and also any streams [?] available and which the said Company or [?] may deem necessary to supply the canal [?] and to make such dams or locks or aqueducts [?] viaducts etc as may be necessary to procure a [?] quantity of water for the use of the canal [?]

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; Provided, no dam or lock shall be constructed across Rock river, so as to obstruct or injure the navigation thereof; And Provided, also, That said company shall be responsible for all damages sustained by the overflowing of any lands, by the owner or owners thereof; And, also for all damages sustained by the making of dams, [locks?] acqueducts, viaducts[,] or other works upon the [?] any person or persons whatever. In case the [?] shall cross any public road or highway [?] shall be erected by said company, as [?] of the same.

Sec. 11. The directors of said company shall have power to transact all ^the^ business of said corporation and to this end may appoint such agents, clerks and servants engineers, and other persons, as may be necessary to attend to and manage the business of the company [?] may remove or supersede them by [?] at pleasure. They shall also have power to prescribe all such rules and to adopt all such bye laws [?] the management and disposition of the stock property [?] estate of the company, and, touching the [?] duties of all persons employed by the company as may be necessary, not inconsistent with law. They shall also have power to require payment payment by the stockholders, of the stock subscribed, at such [?] and in such proportions as the same may be needed [?] construction of the canal, or for any other[?] authorised by this act; and shall, from time to time, give public notice of the payments thus required, and of the time and place of payment, in some of the newspapers printed in and having general circulation in [?] and especially in the vicinity of the said canal And notices to be published for at least four [?] weeks previous to the day appointed for such [?]. And the directors are authorised, in case any stockholder shall fail to make payment as required, to [?] stock of such stockholders to be sold at public [?] and apply the proceeds of such sale, to such [?] to provide for the forfeiture of such stock to the [?]

Sec. 12. A majority of the directors shall constitute [a?] quorum to transact business; and shall have and [?] all the powers confered upon the company; Provided that the directors may, by their bye-laws, require [?] all the directors on the transaction of such business as

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the directors may [?] shall [?] The said Company or incorporation is hereby [?] capable in law to sue and be sued, to plead and by impleaded, in all Courts of law, and in chancery; to contract and be contracted with, as fully and completely as a natural person and as such, may transact business and use a common seal.

Sec. 13. The canal to be constructed by said Company, shall be of sufficient width and depth [?] admit to admit the passage of [?] ordinary kind and if the company [?] expectent and shall find [?] and the company shall be responsible for all[?] and delays occasioned by the negligence or [?] any of its agentsSaid Company shall also permit persons to pass upon said canal with boats of the [?] and dimensions prescribed by said company, with [?] and property whenever the same is2 passable upon [payment?] of such tolls as may be fixed upon by [?] Provided the tolls shall be uniform.

Sec. 14. If any person or persons shall [?] to be done, any[?] construction, [?] any boat [?] same shall be weakened, impaired[,] or destroyed [?] such person shall forfeit and pay to said [?] treble the amount of damages sustained, to be [?] by action of debt, in the name of said corporation[?] any court, or before any justice of the peace, [?] jurisdiction thereof, with costs of suit; and such [person?] or persons shall also be subject to indictment [?] punishment by fine or imprisonment

[?] of said Canal [?] of this act and [?] the [?] the powers and privileges, thereby confered, [?] and the said corporation shall be dissolved.

Sec. 16. The mode ^of^ suing said corporation [?] by summons, and a copy of the summons delivered [?] the President of the board, the secretary, or[treasurer] shall be sufficient service of process, to require the [?] to answer, and to authorise any court, after [?] examination of the testimony produced in the[?] proceed to judgment.

Sec 17. The said corporation, after the election of the [?] the organisation of the board, and the [?] of the [?] canal, Shall annually file with the Secretary of State, a [?] and complete statement of the progress of the work [?] expenditures applied in its construction, and finally, of the [?] cost of the work, together with a [?] statement of [?] of tolls recieved. And the State shall [have?] and hereby [?] the privilege of purchasing the [?] at any time after ten years [?] elapsed, by paying said Company the original cost with [?] cent interest thereon ^per annum^ from the time of its [?] the[?] may, at any [?] Provided [?] in case of repeal alteration or amendment of this act [?] due process shall be made by law [?] stockholders of the same for any [?] may in consequence sustain.