Sec[Section] 1. Be it enacted by the People of the State of Illinois represented in the General Assembly,
That all such persons as shall become Subscribers to the Stock hereinafter mentioned,
shall be, and they are hereby constituted and declared a body corporate and politic,
by the name and style of “The Hennepin Bridge Company” from and after the passage of this Act, and by that name, they, and their Successors,
shall, and may hereafter have Succession, and shall, in law, be capable of suing and
being sued, pleading and being impleaded, answer and be answered, in all Courts and
places whatsoever; and they and their Successors may have a common Seal, and may alter
and change the same at pleasure; and also, they and their Successors, by that name
and Style, shall be, in law, capable of purchasing holding[,] and conveying any estate, real and personal, for the use of said corporation; but the said real estate to be holden, shall be such only as shall be necessary
to promote or attain the object of the Corporation.
Sec. 2. That the capital Stock of said Corporation shall be fifty thousand dollars, divided into one thousand shares of fifty dollars
each; And Bradstreet M. Hays, Samuel W. Kirkland, Williamson Durley, Ammon Moon, James J. Holt, Benjamin R. Sheldon, Hugh N. Schooler, George B. Willis, Gardner T Gorham[,] and Thomas Hartzell, are hereby appointed Commissioners to receive Subscription for the said Stock, and
such Subscriptions shall be opened at such time and place, as the Commissioners or
a majority of them, shall appoint, by notice to be published in the Commercial Advertizer, a newspaper printed in Chicago, thirty days before the time appointed. If the requisite number of shares shall not
be subscribed for at the time and place appointed for such Subscription, said Commissioners,
or a majority of them, shall take such measures for completing such subscription,
as they may deem expedient and proper. Every Subscriber shall at the time of Subscribing
pay to said Commissioners the sum of one dollar for each share Subscribed.
Sec 3. As soon as five hundred shares shall be subscribed, the said Commissioners shall
give notice thereof, in Manner aforesaid, and appoint the time and place in such notice
for such Subscribers to meet, for the purpose of choosing a treasurer, Clerk[,] and seven Directors. Every Stockholder shall be entitled at such and all other elections,
to one vote for each share, to the number of ten, and one vote for every five additional
shares; which votes may be given in person or by proxy. At the election to be held
as aforesaid the same Commissioners or such of them as May attend, shall be
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inspectors, and their Certificate of the names of the persons elected, shall be conclusive
evidence of such election. The first Monday in the month in which such election shall
be held shall be the anniversary day of all subsequent elections of such officers.
A majority of the directors so chosen, shall be a quorum, and shall be capable of
transacting the business of the Corporation; and any act of the Majority of said directors, shall be binding on said Corporation. The said Directors, when elected as aforesaid, shall immediately proceed to the
choice of one of their number for President, and the said President and Directors
may meet from time to time, and shall have power to make such Bye Laws, rules[,] and regulations as shall be deemed expedient and proper for the well ordering of
the affairs of the said Corporation: Provided, the same be not repugnant to the constitution and Laws of this State and of the United States.
Sec 4. The said Corporation are hereby authorised and empowered to erect a Bridge over the Illinois River at Hennepin, which shall be of sufficient elevation to freely admit the passage of Steam Boats,
and other vessels navigating said River.
Sec 5. The said President and Directors, or other persons employed by them may enter
upon and take possession of the land on each side of the River, when such Bridge shall be erected; and the said corporation, on taking possession of such land, and on receiving a conveyance thereof, shall
pay the value of so much of the same as may be necessary for making and erecting said
Bridge, and establish a gate, toll House, and other works necessary for said bridge;
and in case of a disagreement between the parties as to such value, the same shall
and may be ascertained by three disinterested freeholders of the County where such
lands lie, who shall be appointed for that purpose by the County Commissioners Court of the same County, on the application of either party, and shall be sworn to make
a just valuation thereof.
Sec 6. As soon as the Bridge shall be completed, it shall and may be lawful for the said
corporation to erect a gate at the end of said Bridge, and to demand and receive the following
rates of toll, viz: For each hog, sheep[,] or goat, two cents; for each horse[,] ass[,] or mule four cents, for each head of neat cattle four cents; for each one horse waggon or other vehicle, twenty five cents; for each waggon or other vehicle drawn by two horses or oxen, thirty seven and a half cents; for
each waggon or other vehicle, drawn by more than two horses or oxen, fifty cents; for each
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man and horse twelve and a half cents; and for each foot person six and a fourth cents;
Provided that all persons Citizens of Putnam County shall have a right to cross said Bridge in going to or returning from any muster
or election, in said County, and all grand and petit Jurors in going to and returning from Court, shall be permitted
to cross said Bridge free from toll.
Sec 7. If any person or persons shall willfully or maliciously do or cause to be done,
any act whatever whereby the said Bridge or any thing appertaining to the same, shall
be impaired, injured[,] or destroyed, the said person or persons so offending, shall forfeit and pay to the
said Corporation treble the amount of damages occasioned thereby, to be recovered there by the said Corporation with costs of suit, in an action of trespass, in any Court having competent Jurisdiction
thereof.
Sec 8. It shall be the duty of said Corporation to affix or post up, in a conspicuous place, over the gate of said bridge a Sign-board,
with the rates of toll written thereon in large letters.
Sec 9. If any toll-gatherer shall unreasonable delay or hinder any traveller from passing said bridge, or shall demand or receive more toll than is by this act
established, he shall for every such offence, forfeit and pay a sum not exceeding ten dollars, with costs of suit, to be sued
for and recovered before any justice of the Peace of the County, for the use of the person or persons so unlawfully delayed, hindered or defrauded.
Sec 10. It shall not be lawful for any person or persons to ride or drive over said bridge
faster than on a walk, nor shall it be lawful to drive more than twenty head of cattle
on the said Bridge at any one time, on penalty of forfeiting for every such offence, the sum of one dollar.
Sec 11. All officers chosen at the annual election aforesaid, shall hold their offices
until the next annual election or until others are elected in their stead, and the
President and Directors, or a majority of them, shall have power to call a meeting
of the Corporation whenever they may deem it necessary, by publishing a notice of the time and place
of holding the same, thirty days previous to the time of said meeting.
Sec 12. shares in said Corporation shall be considered as personal property, and transferable as such
Sec 13. The Legislature may alter[,] amend[,] or modify this act, whenever the public good shall require it.
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[ docketing
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10
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No 214.
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A Bill for “an Act to Incorporate the Hennepin Bridge Company”
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[02]/[24]/[1837]
[02]/[24]/[1837]
Passed as amd[amended]
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[02]/[09]/[1837]
[02]/[09]/[1837]
Engrossed.
1These legislators formed a select committee in the Senate that considered the bill.
Illinois Senate Journal. 1836. 10th G. A., 1st sess., 503.
Handwritten Document, 4 page(s), Folder 147, HB 157, GA Session 10-1, Illinois State Archives (Springfield, IL) ,