In force, 18th Feb.[February] 1837
AN ACT to incorporate the Peoria Commercial Insurance Company.
1The Peoria commercial insurance company established.
Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That there shall be established in the town of Peoria an insurance company to be called the “Peoria Commercial Insurance Company.”
For twenty years.
May hold real estate to the value of five thousand dollars.
Sec. 2. All such persons as shall become stockholders, their successors and assigns, are
hereby incorporated as a body corporate and politic, by the name and style aforesaid,
to have continuance for and during the term of twenty years from and after the passage
of this act, and such corporate name and style shall be for the time aforesaid capable
in law and equity to sue and be sued, plead and be impleaded, answer and be answered
unto, defend and be defended, in all manner of suits, actions, pleas, causes, matters
and demands whatsoever, in as full and effectual a manner as any person, body corporate
or politic, may or can do, and may have a common seal which they may alter or break
at pleasure, and may purchase, hold and convey any real estate or personal property for the use
of said company, provided, that the said company shall not at any one time hold real estate exceeding the value of five thousand dollars,
excepting such as may be taken for debt, or held as collateral security for money
due to said company.
Authorized to insure all kinds of property.
And loan any part of capital stock on interest.
Not higher than 10 per cent.
Sec. 3. The said company shall have full power and lawful authority to insure all kinds of property against
loss or damage by fire, or any other cause or risk, to make all kinds of insurance
against loss and damage on goods, merchandize and produce, in the course of transportation or otherwise, whether by land or water,
and on any vessels or boats, wherever they may be, to loan any part of their capital stock, on respondentia or bottomry, or on mortgage of real estate, and to receive such interest therefor as is provided
for by this act. Said company may cause themselves to be insured against any loss or risk they may have incurred
in the course of their bu-
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siness, and against any maritime or other risk upon the interest they may have in
any vessel, boat, goods, merchandize or other property, by means of any loan or loans which they may have on respondentia or bottomry, and generally to do and perform all other necessary matters and things
connected with, and to promote the objects of, their incorporation, provided, that where said company shall loan out on mortgage of real estate any portion of their capital stock, they shall not be authorized to receive a higher rate of interest therefor than ten
per cent. per annum.
Amount of capital stock, one half to be paid in six months and the residue when called
for
Penalty.
Sec. 4. The capital stock of said company exclusive of notes and profits arising from business, shall be fifty thousand dollars,
and shall be divided into shares of fifty dollars each, fifty per centum of which shall be paid in good and lawful currency of the United States, or of this State within the first six months after the directors of said company shall have been chosen, and the residue at such times and in such instalments as
the president and board of directors may call for the same, under such penalties and forfeitures as the said president and directors may order
and direct.
Capital stock may be inereased.
May be transferred.
Sec. 5. The capital stock of said company may hereafter be increased to an amount not exceeding two hundred thousand dollars,
should a majority of the stockholders deem it advisable, which additional stock shall
be subscribed for under the direction of the president and directors of said company; fifty per centum of such increased capital stock shall be paid in within the first six months after
ths same has been subscribed for; provided, however, that the capital stock of said company shall not be increased until the whole of the original stock is paid in. The stock
of said company shall be deemed personal property, and assignable and tranferrable on the books of the corporation, but no stockholder indebted to the corporation shall be permitted to make a transfer, until such debt be paid or secured to the
satisfaction of the directors.
Commissioners appointed.
One dollar on each share to be paid.
Meeting to be called.
Sec. 6. Amos Stevens, Thomas Philips, D. C. Enos, J. C. Armstrong, Moses Pettingell, Andrew Gray, Cyrus Leland, Aquilla Wren, and J. D. Shewalter,2 are hereby appointed commissioners to receive subscriptions to the capital stock
of said company. Said commissioners shall open one or more books for subscription to said stock on
such days and at such places as they may deem proper, and keep the same open until
the whole of the capital stock of said company shall have been subscribed for, giving at least twenty days notice of the time and
place when such subscription books will be open. The sum of one dollar on each share shall be paid to the said commissioners at the
time of subscribing, and whenever the whole amount of
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capital stock shall be subscribed for, said commissioners or a majority of them, shall call a meeting of stockholders, by
giving public notice in some newspaper published in this State, of at least fifteen days, for the purpose of choosing a board of directors in pursuance
of this act, which meeting shall be held in the town of Peoria, and so soon as a board of directors are elected and organized, the said commissioners
shall deliver over the subscription books, and the whole amount of money they may
have received on subscription, to the said board of directors.
Directors how appointed.
How vacancy filled.
Sec. 7. The stock, property, and all the transactions and business of said company, shall be conducted by nine directors, who shall be chosen by the stock holders by ballot, each share being entitled to
one vote. Said directors, at the time of their election, and during their continuance
in office, shall be citizens of this state, and holders respectively of not less than ten shares of the capital stock of said
company; said directors shall hold their office for one year from the time of their election,
and until their successors are elected and qualified; they shall elect one of their
own body president, and in case of the death or resignation of any one of said board
whereby a vacancy shall occur, it shall be lawful for a majority of the surviving directors to appoint some person
from among the stockholders of said company to fill such vacancy, who shall hold office until the next annual election.
Board may make by-laws &c.[etc.]
Proviso.
Sec. 8. The President and four of the directors, or five of the directors during the absence
of the President, shall constitute a board competent to do and transact business,
and shall have power to make such rules, regulations and by-laws, as to
them may seem needful and proper, touching the management and disposition of the property,
stock , and effects of said company, and the transfer of stock, and touching the duties of the several officers and clerks
employed by them, and the election of directors, and all such matters as appertain
to the business of insurance; and shall also have power to appoint a secretary, and
to regulate the salary and pay of all such persons as shall be in their employment,
provided, such by-laws and rules are not repugnant to the constitution and laws of this State or of the United States.
Dividends.
To make report
Sec. 9. It shall be the duty of the directors of said company, at such times as the by-laws thereof shall prescribe, to make dividends of the profits and interest accruing from
the business of said company, as to them shall seem meet and proper, and shall lay before the stockholders a particular statement of the profits, if any
there be, after deducting losses and dividends, and also such other information relative
to the affairs of said company, whenever a
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majority of the stockholders shall require it; and said company shall not take any risk, nor subscribe any policy by virtue of this act, until one
half of the capital stock of said company shall have been paid in.
Company not to trade.
Sec. 10. Said company shall not directly nor indirectly, deal or trade, in buying or selling, any goods,
wares, merchandize or other commodities whatever. The capital stock of said company, collected at each instalment, shall within six months thereafter be invested either
in bank stock of the State Bank of Illinois, or loaned or secured by mortgage of real estate in this state, at such rates of interest as is lawful for individuals to charge in this State.
Estate of members of board accountable in certain cases.
Sec. 11. In case of any loss or losses taking place, which shall be equal to the capital
stock of said company, and the president and directors after knowing of said loss or losses having taken
place, shall subscribe any policy of insurance, their estate jointly and severally,
shall be accountable for any and every loss, which shall take place under policies
so subscribed; and the estates of the stockholders as aforesaid shall be liable to
any losses, equal to the amount of said stock subscribed and not paid in, in all cases
of losses exceeding the means of said company, whether they consist of stock paid in or profits not divided.
In what manner may insure
Sec. 12. The said company shall not be permitted to insure on any one risk, an amount exceeding ten per centum of the capital actually paid in, and secured to be paid in, upon the call of the
president and directors of said company,3 nor shall they be permitted to loan to any one individual or company, an amount exceeding
eight per cent. of the capital so paid in.
President and directors to report to Legislature.
Sec. 13. So soon as the capital stock of this company shall have been paid in according to the terms of this charter, it shall be the duty of the president and directors thereof to report the same to
the next General Assembly, and shall make oath that said money is paid in, as the capital stock of said company, and for no other purpose whatsoever, and a copy of the oath certified by some justice
of the peace, shall be filed in the office of the county commissioners of Peoria county.4
Approved February 18, 1837.
1On January 4, 1837, John Hamlin introduced SB 48 in the Senate. On January 5, the Senate tabled the bill and a proposed amendment. On January 6,
the Senate took up the bill and rejected the proposed amendment by a vote of 13 ayes
to 24 nays. On January 7, the Senate passed the bill. On January 26, the House of Representatives referred the bill to the Committee on Corporations. The committee reported back the
bill on January 31 with several amendments. Representatives offered amendments to
the committee’s amendments, and the House rejected a motion to table the bill and
proposed amendments until July 4, 1837. After agreeing to a division of the question
on the proposed amendments to the committee’s amendments, the House agreed to the
first of two amendments, but rejected the second amendment to strike out the last
section and insert a substitute by a vote of 31 yeas to 48 nays, with Abraham Lincoln voting yea. The House then concurred with the Committee on Corporations’ amendments
as amended. On February 6, the House passed the bill as amended. On February 11, the
Senate concurred in the House amendments. On February 18, the Council of Revision approved the bill, and the act became law.
Illinois House Journal. 1836. 10th G. A., 1st sess., 199, 253, 394, 436-37, 488, 555, 600; Illinois Senate
Journal. 1836. 10th G. A., 1st sess., 149, 155, 161, 171, 360, 388, 393, 439, 459.
2In February 1840, the General Assembly passed an act that changed those authorized to receive subscriptions for the capital stock.
3On January 31, 1837, the House of Representatives amended this section by adding the words “and secured to be paid in, upon the call
of the President and Directors of said company.”
Illinois House Journal. 1836. 10th G. A., 1st sess., 437.
4In February 1840, the General Assembly passed an act that repealed the twelfth and thirteen sections.
Printed Document, 4 page(s), Incorporation Laws of the State of Illinois, Passed at a Session of the General Assembly (Vandalia, IL: William Walters, 1837), 36-39, GA Session: 10-1