In force March 2d. 1837
AN ACT to incorporate the Hennepin Bridge Company.
1Body politic & corporate.
Privileges
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 suc-successors shall, and may hereafter have the 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.
Amount of capital stock
Commissioners to receive subscriptions
Publication to be made
Subscribe rsto pay
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. Koikland, Williamson Durley, Ammon Moon, James J. Holt, Benjamin R. Sheldon, Hugh N. Schooler, George B. Willis, Gardner T. Gochan, and Thomas Hartzell are hereby appointed commissioners to receive subscription for the
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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 Advertiser,” 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 commis-missioners, 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.
Commissioners to give notice to meet
Time of holding elections
Directors to elect president
To pass by-laws
Proviso
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 said commissioners, or such of them as may attend shall be 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 members for president; and the said president and directors may meet from time to time, and shall have power
to make such by-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 the United States.
Corporation may erect bridge
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 steamboats
and other vessels of navigating said river at any stage of water. And also to cause to be kept lights during the night in some
conspicuous place on said bridge, to enable boats to pass said bridge without injury.2
May take possession of land
Freeholders appointed to assess damages
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 where such
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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.
Company to erect bridge & receive tolls
Proviso
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 head of neat
cattle, four cents; for each horse, ass, or mule, four cents; for each one horse wagon,
or other vehicle, twenty-five cents; for for each wagon or other vehicle drawn by two horses, or oxen, thirty-seven and a half
cents; for each wagon or other vehicle, drawn by more than two horses or oxen, fifty
cents; for each 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 courts shall be permitted
to cross said bridge free from toll.
Persons injuring bridge to forfeit
Sec. 7. If any person or persons shall willfully or maliciously do or cause to be done, any
act whatsoever 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 by the said corporation, with costs of suit, in an action of trespass, in any court having competent jurisdiction
thereof.
To fix rates of toll on bridge
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.
Toll-gatherer subject to fine
Sec. 9. If any toll-gatherer shall unreasonably 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.3
Approved 2d March, 1837.
1On January 11, 1837, Thomas Atwater in the House of Representatives presented the petition of various citizens of Putnam County, requesting a charter to build a bridge across the Illinois River at Hennepin. The House referred the petition to a select committee. In response to the petition,
Atwater of the select committee introduced HB 157 in the House on January 30. The House passed the bill on February 18. On February
23, the Senate referred the bill to a select committee. The select committee reported back the
bill on February 24 with an amendment, in which the Senate concurred. The Senate passed
the bill as amended. On February 28, the House concurred in the Senate amendment.
On March 2, the Council of Revision approved the bill, and the act became law.
Illinois House Journal. 1836. 10th G. A., 1st sess., 231, 427, 530, 640, 696, 762, 792, 807; Illinois Senate
Journal. 1836. 10th G. A., 1st sess., 463-64, 503, 506, 589.
2On February 24, 1837, the Senate amended the bill by adding the words “at any stage of water,” together with the last sentence. The
Northwest Ordinance of 1787 established the principle of the free navigation of the Mississippi River and its tributaries, and river and steamboat interests frequently challenged the
builders of bridges to maintain that right.
Illinois Senate Journal. 1836. 10th G. A., 1st sess., 506; “An Ordinance for the Government of
the Territory of the United States, North West of the River Ohio,” art. 4 (1787);
Columbus Insurance Co. v. Peoria Bridge Co. (1854), Martha L. Benner and Cullom Davis et al., eds. The Law Practice of Abraham Lincoln, 2d ed. Springfield: Illinois Historic Preservation Agency, 2009.
Printed Document, 3 page(s), Incorporation Laws of the State of Illinois, Passed at a Session of the General Assembly (Vandalia, IL: William Walters, 1837), 227-29, GA Session: 10-1