an act to Incorporate the Chicago and Fox River turn pike road company.
Be it enacted by the people of the state of Illinois represented in the General Assembly, That Horatio S. Loomis, James Kinzie, Isaac D. Harmon, J. McCarty, R M Sweet, John Berry, Sherman King, Pierce Downer, Francis C. Sherman, Benjamin Douglass, Hiram Pearsons, Zephna Lake[,] John R Livingston, John Holbrook, George W Snow, and R. K. Potter and such other persons as shall become stockholders, are hereby constituted a body
politic and corporate by the name of “the Chicago and Fox River and turnpike road company” for the purpose of constructing a turnpike road from the township of Chicago to touch at Berry’s point so called, by way of Napersville and to terminate at aurora on fox river.
2d the capital stock of said company shall be fifty thousand dollars, which shall be deemed personal property and shall
be divided into shares of fifty dollars each. The said capital stock may be increased
to a sum not exceeding one hundred thousand dollars, if the same shall be necessary to the completion of the said road, and the
same shall be subscribed for and taken under the directors of the said corporation, in the same manner and under the same directions as is provided by this act for
the subscription of the original stock, which said capital stock shall be assignable
and transferrable under such rules and regulations as the directors of the said company may appoint.
3d Horatio S Loomis, Joseph Naper, Julius M Warren, Zephna Lake and James McCarty and John Dean Caton are hereby
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appointed commissioners to receive subscriptions to the said capital stock and grant
certificates of the same, whose duty it shall be at some suitable places in the Town
of Chicago and the village of Napersville in the County of Cook and at such other places as they may deem expedient, to open
books and receive subscriptions of stock, which books shall be kept open during three
successive days; but no ^subscription^ shall be received, unless two dollars shall be paid on each share at the time of subscribing. At least fourteen
days notice shall be given by the said commissioners of the time and place of opening
the books, by an advertisement in one of the public newspapers printed in the Town
of Chicago, where such books shall be opened.
4th If fifty thousand dollars of the said stock, shall not be subscribed within the
said three days, the Commissioners may again open the books at such other times and
places as they may deem proper, and when such stock shall be subscribed, it shall
be the duty of the Commissioners to call a meeting of the stockholders for the purpose
of choosing nine directors by giving at least fourteen days notice thereof in one
of the newspapers printed in the said County of Cook, Three or more of the said commissioners shall preside at such election, and each
stock holder shall be entitled, personally or by proxy, to one vote for every share
of stock owned by him. The directors so chosen shall hold their offices until the
first Monday in January next following, which shall be the day for choosing directors
in each year after such first election.
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5th The said corporation shall make a good and sufficient road, and shall make the arch of the said road twenty
two feet in width, and shall lay out the said road sixty feet in width, and shall
construct the same of such materials as the natural surface of the ground may afford.
The said corporation shall not be invested with any other powers, than are necessary for the purpose of
making the said turnpike road and bridge and for keeping the same in repair, and for
receiving the tolls thereon.
18th Whenever five miles of the said road shall be finished according to the provisions
of this act, the said corporation may erect a toll gate thereon, and demand and receive tolls for passing the same,
at the rates hereinafter mentioned, and when any other five miles of the said road
shall in like manner be finished, a toll gate may be erected thereon with like powers.
9th If the said corporation do not within two years after the passage of this act complete three miles of the
said road, and within five years thereafter complete the whole of the said road, then
this act shall cease and be no longer in force.
10th William B Ogden, George W Dole, Gurdon S. Hubbard, Walter L Newberry and John H Kinzie, are hereby constituted a body politic and corporate with a capital not exceeding
fifteen thousand dollars, fo the purpose of making a turnpike road to connect with
the aforesaid turnpike road and to terminate at the west end of Kinzie street in the
said Town of Chicago, and they shall be entitled to the same
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privileges and rates of toll per mile as is allowed by this bill to “the Chicago and Fox River turnpike road company” which said capital stock of fifteen thousand ^dollars^ may be divided into shares of one hundred dollars each and made transferrable and
assignable in the same manner as is provided in such manner as the said William B Ogden, George W Dole, Gurdon S. Hubbard[,] Walter L Newberry and John H Kinzie their successors and assigns may direct.
11th on each ten miles of the said Chicago and fox river turnpike road, when completed according to the provisions of this act, the company may erect one full toll gate or two half toll gates and demand and receive thereat
from persons travelling the said road, the following tolls per mile for passing any full toll gate, and half
that sum for passing any half toll gate, to wit; for every bull, bullock, ox or heifer,
two mills; for every sheep or hog, one mill; for every cart or four wheeled carriage
drawn by two horses or other beasts, two cents and five mills, and for every additional
horse or other beast five mills; for every carriage drawn by on horse or other beast,
one cent and five mills; for every pleasure carriage drawn by two horses, two cents;
for every sleigh or sled drawn by one horse five mills, and for every horse or mule
led or driven three mills.
12th The said Chicago and fox river turnpike road company, be and they are hereby authorized to erect a toll bridge across the des plains river at the place where the said turnpike road [...?] shall cross the said river, and keep the same in good repair
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and shall allow at all times a speedy passage to all persons and their property over
it, upon the receipt of the toll as hereinafter provided by this act; the said bridge
shall be built in a good and substantial manner and kept in good repair, and when
the said bridge shall be completed, the said Chicago and Fox River turnpike road company shall have the right to place at either end of such bridge a toll gate, and they
are hereby authorized to ask and demand from all persons crossing the same the following
rates of toll, towit; for each score of hogs, sheep, or goats twenty five cents, for
each mule, ass or horse four cents, for each head of cattle four cents, for each horse
and wagon or other vehicle, twelve and a half cents, for each wagon or other vehicle
drawn by two horses or oxen twenty five cents; for each wagon or other vehicle drawn
by more than two horses or oxen thirty seven and a half cents, for each man and horse
six and a quarter cents, and for each footman one cent.
13th That Julius M Warren, Richard M Sweet and Isaac D Harmon all of the County of Cook shall be and they are hereby appointed commissioners to survey and locate the said
turnpike road authorized by this act, who shall make a report of the location of the said road
and file wit the same with the clerk of the County Commissioners Court for the County of Cook.
14th The said Chicago and fox river turnpike road company shall be and remain incorporated by virtue of this act for twenty years and not longer, provided the County Commissioners for the counties through which the said road
^Chicago^
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Chicago and fox river turnpike road company passes, shall assume the said road and pay the stockholders of the same the appraised
value of the said road, two appraisers shall be named by the County Commissioners and the third by the stockholders of the said road.
15th This act may be at any time amended or repealed.
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No 243.
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A Bill, for an act to Incorporate the Chicago and Fox River turnpike road company.
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2
Handwritten Document, 8 page(s), Folder 208, HB 222, GA Session 10-1, Illinois State Archives (Springfield, IL) ,