Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly That John Tilson Jr, Adolphus Allen, Sidney H. Little, David W. Matthews, E. D. Vandivert and James Kent, and such other persons as may associate with them, by subscribing stock as hereinafter authorised: be, and they are hereby constituted a Body politic, and corporate, by the name of “The Mississippi Desmoines rapids bridge company”; and by that name, they and their successors, shall and may hereafter have succession; and shall in law, be capable of suing, and being1 sued; pleading, and being impleaded; answering, and being answered unto; 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 the said Corporation: but the said real estate so to be holden, shall be such only as shall be necessary for the transaction of the business of said Corporation at each end of said bridge

Sec. 2. That the Capital stock of said Company, shall be two hundred thousand dollars, with liberty to increase the same from time to time; by new subscriptions in such manner and form, as they shall think proper; if such increase shall be found necessary to fulfil the intent of this act: which said Capital stock shall be divided into shares of one hundred dollars each, which shall be deemed personal property, and be transferable in such manner, as said corporation, shall in their bye-laws, order and direct

Sec. 3. The said John Tilson Jr, Adolphus Allen, Sidney H. Little, David W Matthews, E. D. Vandavert, and James Kent, are hereby appointed commissioners, the duty of whom, or a majority of them, it shall be to open books in such places in this State, as they may think most suitable: and if necessary, in the cities of Philadelphia, New-York, and Baltimore, and shall advertise the times, and places of opening said books, in the Carthagenian, and such other newspapers, in this State or elsewhere, as they may think proper, giving

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at least thirty days previous notice of the time and place of opening books. If the whole of the capital stock, herein named, shall not be subscribed for, at the time and place appointed for such subscription, said Commissioners, or a majority of them, shall take such measures for completing such subscription, as they may deem expedient and proper; And every subscriber, shall at the time of subscribing, pay to said commissioners, the sum of one dollar on each share subscribed

Sec. 4. As soon as the Capital stock shall be subscribed, the said Commissioners shall give notice thereof in like manner, and appoint the time and place, designating the same in said notice for such stockholders to meet for the purpose of choosing a board of Directors, which shall consist of seven in number; 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 proxyAt the Election to be held, as aforesaid

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the said commissioners, or such of them as may attend, shall be inspectors, and their certificates of the names of the names of the persons elected, shall be conclusive evidence of such election; and said commissioners shall deliver over the subscription books to the said Directors, with the money received thereon. The said Directors so chosen, and who may hereafter be chosen, shall immediately after their election, proceed to choose one of their Body to be president, who shall preside at all regular meetings of the Board: a majority shall constitute a quorum; and in case of the absence of the president, the Board may ^appoint^ a president pro tempore to preside. The said Board shall have the power to prescribe the time and place of holding all future elections for Directors, which shall be once a year. And the said Board of Directors shall be vested with power to transact all the business of the Incorporation, in their corporate capacity, whose acts shall be binding on the same The said Board shall have power to fill all vacancies, which may occur in their Body, which appointment shall remain until the next annual meeting

Sec. 5. The Board of Directors, when elected, and organised, shall have power to make ^& prescribe^ such bye-laws, rules, and regulations as to them shall appear needful, and proper, touching the management and disposition of the stock property and effects of said corporation; the transfer of shares, and touching the duty and conduct of their ^officers^ and servants, and all other matters whatsoever, which may appertain to the concerns of the said corporation: shall appoint a Secretary, treasurer, and such clerks, as may be necessary for the transaction of business, provided the said bye-laws be not repugnant to the constitution and laws of this state and of the United States

Sec. 6. The said Corporation are hereby authorised, and empowered to erect a bridge over the Mississippi River at the Town of Desmoines, in Hancock county: the manner and form of the construction of said bridge, shall be decided upon by the Corporation: provided, the said bridge shall be constructed and built of sufficient height, to leave the Steam Boat channel in said river free from all obstruction, that might retard

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the navigation of said Mississippi River, either in high or low water, and so as not to be in the way of any improvements of the navigation in said river, that may hereafter take place.

Sec 7. The said corporation shall be authorised to procure a sufficient quantity of land at each end of said bridge, on which to build toll houses, and gates and to afford room for the necessary transactions of the business of the concern: and in case of a disagreement, betwixt the corporation and the owners of the land, on the East side of said river, as to the value and price of said land the same shall be ascertained by three disinterested freeholders of the county in which the 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; and when the said Corporation shall have tendered to the owner, or owners or their agent, or agents the full amount of the valuation of said lands, as assessed by said freeholders, then the said corporation shall be deemed

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be deemed to be seized and possessed of the fee simple of all such lands, or real estate, and it shall be the duty of the said freeholders, or a majority of them, to deliver to the said Corporation, a written statement of the award, or awards they shall make with the description of the said lands to be recorded in the Recorder’s office of the county in which the land lies

Sec. 8. As soon as the said 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 same rates of toll for passing the same, as may be then allowed to the ferries crossing the Mississippi within the limits of Hancock County. The said corporation shall obtain from the county Commissioners’ court of Hancock County, a list of the rates of toll, as established by them for the various ferries over the Mississippi within the limits of said county; for which the same tax may be charged, as is charged the ferries aforesaid, in such cases. And shall set up in a conspicuous place free for the inspection of travellers, or

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other persons interested, the rates of toll as aforesaid

Sec. 9. If any person, or persons shall wilfully, 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 cost of suit, in an action of trespass, in any Court having competent jurisdiction thereof.

Sec. 10. 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 cost of suit, to be recovered before any justice of the peace, of the County where such offence shall be committed, for the use of the person, or persons, so unlawfully delayed, hindered, or defrauded.

Sec. 11. It shall not be lawful for any person, or persons to ride or drive over said bridge, faster than in a walk; neither shall any person drive on more stock, or teams at one time, than shall be ordered or permitted by the toll-gatherer, or attendant on said bridge, on penalty of forfeiting for every [su]ch offence, the sum of five dollars to be recovered before any justice of the peace as aforesaid

Sec. 12. All officers, or Directors, chosen at the annual election aforesaid shall hold their offices until the next annual election, or until others are elected in their stead; and the president and Directors, or a majority of them, shall have power to call a meeting of the Board, whenever they may deem it necessary, by publishing a notice of the time, and place for holding the same, thirty days previous to the time of said meeting

Sec. 13. If the said bridge shall not be commenced, and the work put into successful progress within five years after the passage of this act

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the said Corporation, shall be dissolved, and this act of no effect