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. . .Directors and deliver over the moneys, books, and papers to said Directors. The first
meeting of the Directors shall be held at Edwardsville within ten days after the election.
Sect[Section] 5. That in case the capital stock in whole, or five thousand dollars thereof, shall
not have been subscribed at the places named in the foregoing section, after the books
have been kept open ten days, then the said Commissioners shall be authorized to reopen
said Books for the Subscription of Stock at such times and places, and in such manner,
and after such notice, and under the direction of one or more as a majority of them
may directAnd in case a greater amount of Capital stock shall be Subscribed for, than necessary
for a construction of the whole, or such parts of the several works before mentioned
as the Directors shall designate, the excess shall be taken from each Subscriber
in proportion to the amount subscribed
Sec. 6. At the first meeting of the Directors after an election, they shall choose one
of their own body as President; and the Directors first elected shall continue in
office untill the first Monday in June next after their election, and untill others are chosen And elections shall be held annually thereafter, on the first Monday in June at such
place as the Directors shall designate Each subsequent Election shall be held under the direction of three stockholders,
not being Directors, who shall previously be appointed 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 one
hundred dollars of the Stock In case an equal number
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of votes shall at any time for two or more persons, for Director, those having a plurality
of votes shall determine by ballot, who shall be entitled to the office
Sec 7. In case it shall at any time happen, that no election shall be held for Directors,
at the time required by this act, the said Corporation shall not thereby be dissolved; but the Directors in office shall continue untill successors are elected.
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Sec 8. The said Directors shall cause such examinations and surveys to be made, as may be necessary to the selection by them, of the most advantageous line, course, or way for the said works before mentioned; and shall locate the same on the most advan tageous routes, and after such location, shall make a Map thereof, and certify under their hands and seals, upon such map the courses and distances of the routes selected, describing the land through they pass, and file one copy of such map and certificate with the Recorder of each County through which said works are intended to pass And the said Company shall be authorized to construct and make the said works or any one or more of them on the routes so located Provided the connecting Canal, and the improvement of the Navigation of Cahokia Creek shall be consid ered as one work |
Sec 9. The said Corporation shall have power to purchase, receive, and hold, such real estate as may be necessary
and useful in the accomplishment of the objects of its creation; and shall be authorized
to have and hold, any and all lands, which may be given, granted or donated to the
same, by the United States or by any person, or body politic,
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and to sell and convey the same It shall also be authorized to enter upon, and use any and all lands, over and upon
which the said works may pass, and so much of said land as may be necessary to the
construction of the said works, and the convenient use and enjoyment of the same;
also to take and use timber, stone, and such other materials as may be indispensible to the construction and maintenance of said works Provided That said Company shall pay to the owner or owners of land, entered upon and used as aforesaid, the
damages Sustained by such owner or owners; and also the owner or owners of timber
stone and materials, the value thereof, before entering upon and taking the same And if said Company and owner or owners shall be unable to agree upon the damages sustained by the entering
upon and using land and real estate, or the value of timber, stone, and materials,
such damages or the value of materials aforesaid, shall be ascertained under, and
according to the provisions of the act, entitled “An act concerning the right of way,
and for other purposes” approved 28th February 18332|
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Sec 10. The said Company shall be authorised to use the waters of any small streams or lakes to supply the said works, or otherwise; and to make such dams or locks as may be necessary to procure a sufficient quantity of water for the use of said works or other wise; Provided no dam or lock shall be construc ted across said works so as to 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 thereof; and also for all damages sustained by the making dams or locks upon the lands of any person or |
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or persons whatsoever. In case any of such works shall cross any water course or public road, the same shall be so constructed as not to injure the use of Such water course or road |
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 deemed necessary to attend to, and manage the business of the Company They shall also have power to prescribe all such rules, and to adopt all such byelaws, touching the management and disposition of the stock, property, and estate of the
Company, and touching the conduct and duties of all persons employed by the Company as may be necessary, and not inconsistent with law They shall also have power to require payment by the Stockholders, of the stock Subscribed,
at such times, and in such proportion as the same may be needed in the construction
of the several works, or for any other purpose authorized 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 news paper published in Madison County Illinois, and such other papers as may be selected such notices to be published at least four
weeks previous to the day appointed for such payment And the Directors are authorized, in case any stockholder shall fail to make payment
as required, to cause the stock of such Stockholders to be sold at public Auction,
and apply the proceeds of such sale, to such payment, or to provide for the forfeiture
of such Stock to the Company
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Sec 12. A majority of the Board of Directors shall constitute a quorum to do business, and
shall have and exercise all the powers conferred upon the Company Provided That the Directors may, by their byelaws, require the presence of all the Directors on the transaction of such business as
the Directors may think should require such presenceThe said Company is hereby declared able, and capable in law, to sue, and be sued, to plead, and be
impleaded, in all courts of law and in Chancery; to contract and be contracted with,
as fully and completely as a natural person
Sec 13. The State or Counties through which the said work shall pass, at any time after ten
years have elapsed, from the completion of said works, have the privilege of purchasing
the same, by paying said Company the original cost, together with any deficiencies which have accrued by a failure
of said works to produce twelve percent per annum, from the time of their completion upon the original Cost
Sec 14 The works to be constructed by said Company shall be of Sufficient width and depth to admit the passage of Canal Boats of the
ordinary kind; and the Company shall be responsible for all accidents and delays, occasioned by the negligence or
inattention of any of its Agents Said Company shall also permit all persons to pass upon said works with Boats, persons[,] and property, whenever the same is passible, upon payment of such tolls as may be fixed upon by the Directors Provided That the tolls shall be uniform
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Sec 15. If any person or persons shall wilfully or negligently do or cause to be done any
act or acts whatsoever, whereby any building, construction, or work, of the said Corporation, or any Boat or any things pertaining to the same, shall be weakened, impaired, or
destroyed, every such person shall forfeit and pay to said Corporation treble the amount of damages sustained, to be recovered by action of debt, in the
name of said Corporation, in any Court, or before any Justice of the peace, having jurisdiction thereof, with
costs of suit; and such persons or persons shall also be subject to indictment and
punishment, by fine or imprisonment
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Sec 16. That in consideration of land and Mill facilities afforded by James P. Morris for the completion of the canal from Cahokia Creek to the River the said James P. Morris, his heirs and assigns shall have and enjoy the exclusive privilege of erecting mills at the mouth of the canal, and the exclu sive use of such water power as may be afforded at that point as long as said Canal shall con tinue Sec 17. Unless the said Corporation shall commence the construction “of “one or more of ” the works afore said within “three” years from the passage of this act, and complete the same within “six” years the powers and privileges hereby confered shall cease and the said Corporation shall be dissolved |
Sec 18. The mode of suing said Corporation, shall be by Summons, and a copy of the Summons delivered to the President of the
Board, the Secretary or Treasurer, shall be sufficient service of process, to require
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the corporation to answer, and to authorize any Court to proceed to Judgment
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[ docketing
]
No 115
[ docketing
]
[01]/[20]/[1837]
[01]/[20]/[1837]
3
[ docketing
]
[01]/[16]/[1837]
[01]/[16]/[1837]
Engrossed
1On January 3, 1837, William Moore in the House of Representatives presented the petition of Joseph Pabor, James P. Morris, and other, requesting an act incorporating a company to construct a canal from Cahokia Creek to the Mississippi River. The House referred the petition to a select committee. Responding to the petition,
Moore of the select committee introduced HB 117 in the House on January 12. The
House referred the bill to a select committee, which reported it back with amendments
on January 16. The House approved the amendments and on January 20, they referred
the bill to the Committee on Corporations. On January 27, the Committee on Corporations
reported back the bill with amendments, and the House referred the proposed amendments
to a select committee. On January 31, the select committee reported the bill back
with further amendments. On February 2, the House approved the amendments and then
passed the bill as amended. On February 11, the Senate indefinitely postponed any further consideration of the bill.
Illinois House Journal. 1836. 10th G. A., 1st sess., 164, 240, 267, 313, 407-08, 439, 445-46, 555; Illinois
Senate Journal. 1836. 10th G. A., 1st sess., 373, 374, 394.
Handwritten Document, 10 page(s), Folder 109, HB 117, GA Session 10-1, Illinois State Archives (Springfield, IL) ,