Sec[Section] 1. Be it enacted by the people of the State of Illinois represented in the General Assembly; That Nathaniel Pope, Pierre Menard, David J Baker[,] John P McGennis, Ferdinand Maxwell, Hipolite Menard Sr, and Miles A Gilbert, with their associates be, and they are hereby created a body politic and corporate,
by the name and style of the “Kaskaskia Bridge Company,” for the purpose of erecting, and constructing a bridge over the Kaskaskia River, at Kaskaskia, and they and their associates, and successors shall continue and have perpetual
succession, and by that name, and style are hereby made as capable in law as natural
persons, to contract and be contracted with, to sue and be sued, to plead and be impleaded
in this State, in all courts of law or equity; to make, have and use a common seal, and the same
to break, alter or amend at pleasure; and they, and their successors shall have the
power to purchase and hold as much real estate as will be necessary for the site of
said bridge, abatements, toll houses and suitable avenues, leading to the same; also
^the power^ to ordain and establish such bye-laws, ordinances and regulations as shall be necessary for the well being and government
of said Corporation, not incompatible with the laws of this state, or of the United States.
Sec 2. The capital stock of said company shall consist of ten thousand dollars, to be divided into shares of ^(^fifty^)^ dollars each to
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be subscribed for in the manner hereinafter mentioned: Provided, if the amount above stated is insufficient to complete the bridge it may be increased
to a sufficient sum to accomplish the same.
Sec 3. Within One year, after the passage of this act, the persons before named, or a
majority of them, shall cause books, for the subscription of stock of said company to be opened at such times and places as they may direct Which books shall be kept
open under the direction of such persons, or a majority of them, for such length of
time as they may order. Every subscriber shall, at the time of subscribing, pay one
dollar on each share subscribed.
Sec 4. As soon as five thousand dollars shall be subscribed, the said persons, or a majority
of them, shall advertise a meeting of the Stockholders at Kaskaskia giving at least ten days notice of the time and place of such meeting: And the stockholders
shall there upon proceed to the election of a President and four Directors who shall
be shareholders. And such of the beforementioned persons who shall not be shareholders,
shall cease to be members of said Corporation; And the said shareholders shall also proceed to ordain and adopt such bye-laws for the permanent organization and government of said Corporation as they may deem needful; at which meeting each shareholder shall be entitled to
One vote for each
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^share^ ^(^to the number of ten, and One vote for every three shares above ten^)^ and at all the subsequent elections, or general meetings of the stock holders, the
shares in said Company may be voted by proxy duly recorded.
Sec 5. The President and directors, chosen in conformity to the provisions of the foregoing
sections, shall hold their office for one year next succeeding such election, and until others
are chosen in their places. And the stockholders shall annually meet at Kaskaskia on the first Monday in the month that the first election may be held, at some place
to be designated by said President and Directors and then proceed to the election
of a President and four Directors, who shall be share holders, and hold their offices
for one year, and until their successors shall be elected as aforesaid. Public notice
shall be given of such meetings or elections by the clerk or secretary of the company at least fifteen days previous thereto. At the annual meetings a statement of the
affairs of the company shall be made out by the President and Directors, and presented to said meeting,
and such dividend of the proffits be declared as may be deemed advisable.
Sec 6. The concerns of said Corporation shall be under the control, superintendance, and management of said president and directors, and the
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president and two directors shall constitute a quorum to transact business, or in
the absence of the president any three directors, one of whom shall act as president:
pro-tem; with power to fill any vacancy in the board, occasioned by death resignation
or otherwise. The president and directors after they shall have been duly elected
as aforesaid, may make such assesments on the shares of said Company as are subscribed; payable at such periods as they may deem advisable, with such
conditions of forfeiture for non-compliance, not exceeding the amount of Stock delinquent
as they may deem proper. They are to open or renew the subscriptions for shares not
already subscribed at such time and place as the interest of the company may require.
Sec ^(^7.^)^ It shall be the duty of the president and directors to appoint a clerk, and cause
a record of their proceedings to be kept; they may also appoint a treasurer; and other
officers or agents, as they may deem needful for the proposed undertaking, and to
allow them such pay or compensation as they may agree on; to make contracts, and do
all things necessary to carry the aforesaid object into immediate effect and execution,
and to [require?] or take such bonds or other security in their corporate capacity from any person
or persons, they may so appoint or contract with; and any vacancy filled by the board
of directors shall continue until the next annual election.
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Sec 8. The said Bridge shall be constructed with a convenient draw at least thirty feet wide for the passage of Steam boats and other vessels; and shall keep good and sufficient lights on each side of said draw at all proper times; and shall also keep some suitab[le] person or persons at the said bridge, who shall raise said draw when it may be necessary for the passage of any Steam boat or other vessel passing up or down said river, free from expense to the owners thereof. And when so constructed and completed the president and directors shall have a right to fix rates of toll for passing over said bridge, and to coll- lect the same from all and every person or persons passing thereon with their goods, carraiges waggons or animals of every kind or description; and they ^(^may^)^ demand ^(^and^) ^ collect the following rates of toll to wit: For each one horse^)^ waggon, |
sulky or carriage ^(^twenty five cents^)^ for each two horse wagon ^(^or^)^ carraige ^(^thirty seven^)^ and a half^)^ cents; For each wagon or carriage drawn by three or ^(^more^)^ horses, oxen or mules ^(^fifty^)^ cents; For a man and horse twelve and a half cents; For each person crossing on foot
six and one fourth cents; For cattle, mules, asses and horses, per head, ^(^three cents^)^, for all other animals such as swine, sheep or goats ^(^two cents^)^ per head.
Sec 9. If any person or persons shall willfully or knowingly do any act or thing whatever,
whereby the said bridge, or any thing thereto belonging shall be
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injured or damaged, the said person or persons so offending shall forfeit and pay
three times the amount of damages sustained with costs of suit, recoverable before
any court of competent jurisdiction. And any person or persons who shall pass or attempt
to pass said bridge, without paying the toll or tendering it, if there be any person
or persons present to receive it, shall forfeit and pay three times the amount of
the tolls or tolls which he, she or they were liable to pay for passing said bridge recoverable
before any Justice of the peace in this State. And if any person or persons shall willfully set fire to said bridge, or burn the
same, or any part thereof such offenders with their aiders and abettors shall be guilty
of Arson.
Sec ^(^10.^)^ The certificates of stock in said Company shall issue in such form and manner, and be transferable as may be designated by
the bye-laws of said Company.
Sec ^(^11.^)^ This act shall cease to have effect if stock to the amount of five thousand dollars
shall not be taken within two years from the first day of January next, and the bridge
to be completed in three years from that period.
Sec ^(^12.^)^ It shall be the duty of said Company, from time to time to remove all drift or timber of any description which may lodge
against any of the abutments or pillars of said
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bridge, and if they fail herein, they shall be liable to a fine of ten dollars for
every forty eight hours it is suffered to remain after allowing reasonable time for
the removal of the same, to be recoverable by indictment or presentment, in the Randolph circuit court, and shall moreover be liable for any injury sustained by any person in consequence
thereof.
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Sec ^(^13.^)^ The said president and directors shall keep an exact account of their expenditures in erecting said bridge, and file the same with the clerk of the County Commissioners’ Court of Randolph County stating under oath that the same is a just and true account of the Original Cost of said bridge; and the county com- missioners’ Court shall have power to purchase said bridge at any time by paying |
the full amount of the cost of the same. And in case the said bridge shall be purchased
by said Court the corporation hereby created shall within one year thereafter be dissolved, and said bridge forever
after be and remain a free bridge.
This act to be in force from and after its passage
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1
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[12]/[16]/[1836]
[12]/[16]/[1836]
Engrossed
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[01]/[03]/[1837]
[01]/[03]/[1837]
Lay table
Handwritten Document, 8 page(s), Folder 264, SB 1, GA Session 10-1, Illinois State Archives (Springfield, IL) ,