An act to incorporate the stockholders of the “Cairo City and Canal Company”

Sctⁿ[Section] 1 Be it enacted by the people of of the State of Illinois represented in general assembly that Darius B Holbrook, M A Gilbert Jn^o S Hacker, A. M. Jenkins, A. Olney, W. M. Walker[,] their associates, successors[,] & assigns be & they are hereby made a body corporate and politic under the name of the the “Cairo City and Canal Company,” and by that name shall be and are hereby made capable in law and equity to sue & be sued[,] plead & be impleaded, defend & be defended, in any court or place whatever, to make and use a common seal, the same to alter & renew at pleasure, and by that name and style be capable in law of contracting & being contracted with, purchasing[,] holding[,] and conveying Real & personal Estate for the purposes & uses of said Corporation as herein after limited, & shall be and are hereby vested with all the powers, privileges[,] & immunities which are or may be necessary to carry into effect the purposes and object of this act, as hereafter set forth. The Real Estate owned & held by said Company shall not exceed the quantity of Land embraced in fractional township seventeen, in Alexander County, and the said Corporation are hereby authorized to purchase said Land or any part thereof, but

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more particularly the tract of Land incorporated as the City of Cairo, & may proceed to lay off said Land or any part of the Land of said Township seventeen into lots for a town to be known as the city of Cairo, and whenever a plan of said City is made, the Company1 shall deposit a copy of the same, with a full description thereof in the Register of Deeds office for the County of Alexander and any & all additions which the said Company may make thereto at any time thereafter, shall be also recorded in same manner, and the said corporation may construct dykes, Canals[,] Levees[,] & embankments for the security of said City & Land and all improvements thereon from all and every inundation which can possibly effect or injure the same, and may erect such works, Buildings[,] & improvements therein, which, which they may deem necessary for promoting the health and prosperity of said City and township of[...?]. And for draining said City & other purposes, said corporation may lay off & construct a canal to unite with Cash River, at such point on said River as the Company may deem most eligible & proper, and may use the water of said River for the said Canal, running to & through said City of Cairo, as said Company may direct. The corporation may lay out said Canal not exceeding eight ^(10) ten^ rods wide through its whole length, and may take as much more Land as may be

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necessary for the convenient use of said Canal and River for tow paths[,] locks[,] dams, stone[,] gravel[,] & imbankment, provided, that all damages that may be occasioned to any person or corporation by the taking of such Land or materials for the purposes aforesaid, shall be paid for by said Corporation in manner hereafter provided.

Sect[Section] 3. The capital stock of said Company shall consist of twenty thousand shares, and no greater assessment shall be laid upon any shares in said Compy ^ all ^ of a greater amount than One Hundred Dollars, without ^each share^ the [...?] [...?] [...?] of the voters of the [...?] [...?] of shares created by this act, and the immediate government and direction of the affairs of said Company shall be vested in a board of not less than five directors, who shall be chosen by the members of the Corporation in manner hereinafter provided, and shall hold their offices until others shall be duly elected and qualified to take there places as directors: and the said directors, a majority of whom shall form a quorum for the transaction of business, shall elect one of their number to be

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president of the board, who shall also be president of the company; and shall have authority to choose a clerk or secretary, who shall be sworn to the faithful discharge of his duty, and a treasurer, who shall give bond to the corporation, with sureties to the satisfaction of the directors, in a sum not less than twenty thousand Dollars, for the faithful discharge of his trust.

Sec[Section] 4^th The President & Directors for the time being are hereby authorized and empowered, by themselves or their agents, to execute all the powers herein granted to the Company and all such other powers and authority, for the management of the affairs of said Compy not heretofore granted, as may be proper & necessary to carry into effect the objects of the Company, and to make such equal assessments from time to time, on all shares of said Company as they may deem expedient & necessary; and direct the same to be paid to the Treasurer of the Company, and the Treasurer shall give notice of all such assessments; and in case any subscriber shall neglect to pay his assessment for the space of thirty days after due notice by the Treasurer of said compy, The directors may order the Treasurer to sell such share or shares, at public auction, after

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giving due notice thereof to the highest bidder, and the same shall be transferred to the purchaser; and such delinquent subscriber shall be held accountable to the Company for the balance, if his share or shares shall sell for less than the assessment due thereon, with interest & Cost of sale; and shall be entitled to the overplus, if his share or shares, shall sell for more than the assessment due, with interest & cost of sale.

Sec^t 5. The said Company shall have power to make, ordain, and establish all such Bye Laws, rules, & regulations and ordinances, as they may deem expedient and necessary to accomplish the designs and purposes, and to carry into effect the provisions of this act, and for the transfer & assignment of its stock & the Conveyance of property and the well ordering, regulating[,] & securing the interests and affairs of the Company. provided, the same be not repugnant to the Constitution and the laws of this state & or of the United States.

Sec^t 5. a Toll is hereby granted and established for the sole benefit of said Co. upon all passengers & property of all descriptions which may be conveyed or transported upon the Canal of the Co., upon such terms as may be agreed upon and established from time to time by the directors of said Comp^y.

Secⁿ[Section] 6. The said company shall be holden to pay all damages that may arise to any person, or corporation, or corporation by taking their Land for said Canal or any other purpose when it cannot be obtained by voluntary agreement, to be estimated & recovered in the manner provided by Law for the recovery of damage happening by laying out Highways.

Sct[Section] 72 ^7^. When the Lands or other property or estate of any feme-covert, infant, or person non compos mentis shall be wanted for the purposes and objects of the company, the guardian of such infant, or person non Compos mentis, or Husband of such feme-Covert may release all damages & interest for & in such lands or estate taking for the Company, as they might do if the same were holden by them in their own right respectively.

Sec^t 8 If any person shall wilfully do, or cause to be done, any act or acts whatever, whereby any building, Construction, or work of the said corporation, or, any engine, machine[,] or structure or any matter or thing, appertaining to the same, shall be stopped, obstructed[,] impaired, weakened, injured[,] or destroyed; the person or persons so offending shall be deemed guilty of a misdemeanor and shall forfeit and pay to said Corporation treble the amount of damages sustained, by means of such offence or injury, to be recovered in the name of said Corporation, with Cost of suit by action of debt, and shall be subject to indictment & punishment for high crimes and misdemeanors as in other cases.

Sec^t 9. The annual meeting of the members of said Company shall be holden on the first monday in November in each year, at Cairo, or such other places as the directors for the time being may appoint, at which meeting the directors shall be chosen by ballot, each proprietor being entitled to as many votes as he holds shares and the first man named individual in the first section of this act is hereby

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authorized to call the first meeting of the said Company By giving notice in some Newspaper published at the place where such meeting is to be held, of the time place & purpose of said meeting, at least ten days before the time mentioned in said notice.

Secⁿ 8 This act shall be deemed and taken as a public act, and as such shall be taken notice of, by all courts of justice in this state without the necessity of pleading the same, and shall be in force from and after its passage.

Sec 9 This act may be repealed, altered[,] or amended by any general assembly of this state, that may be in session after the expiration of twenty five years from first of May next, and But during that time upon any departure from, or violation of the provisions of this act, the Legislature may repeal[,] alter[,] or modify the same, as in their Judgment the public good may require.