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. Vandervert, 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

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that name they and their successors shall and may hereafter have succession, and shall in law be capable of suing and being sued, pleading and being impleaded, answer and being answered unto, in all courts and place 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 the 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 by-laws order and direct.

Sec. 3. The said John Tilson jr., Adolphus Allen, Sidney H. Little, David W. Matthews, E. D. Vandevert, 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 at least thirty days 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 proxy. At the election to be held as aforesaid, the

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said commissioners or such of them as may attend, shall be inspectors, and their certificates 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 and prescribe such by-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 by-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 said corporation, provided, That said bridge shall be constructed and built of sufficient height to leave the steam boat channel in said river free from all obstructions that might retard 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 coporation shall be authorized to procure a sufficient quanty 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

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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 the said freeholders, then the said corporation shall 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 ferriers 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 other persons interested, the rates of toll as aforesaid.

Sec. 9. If any person or persons shall willfully 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, trible 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

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time, than shall be ordered or permitted by the toll gatherer or attendant on said bridge, on penalty of forfeiting for every such 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, the said corporation shall be dissolved, and this act of no effect.

Approved 21st February, 1837.