Sec[Section] 1. Be it enacted by the people of the state of Illinois, represented in the General assembly; That Joseph Webster, Pram B Hill, George Miller, S. H. Pitkin, N Walker, Thomas J Little P. H Hart and J Benson and their associates, and successors be, and they are hereby constituted a body politic
and corporate under the name and style of the “Illinois Manufacturing and mining company from and after the passage of this act: and by that name, they and their successors
shall have succession, and shall in law be capable of being sued, pleading and being
impleaded, in all courts of Justice, and places whatsoever; may have a common seal,
alter and [...?] change the same at ^their^ pleasure; and they and their successors may also by that name and style, be capable
in law of purchasing, holding and conveying away, real and and personal estate, which real estate, except the lots of land on which the buildings,
mills, and warehouses of the company are erected, shall not exceed two sections, except such as may be held as colatteral security for debts bona fide owed to the said corporation, or may become the property thereof by such indebtedness; and further, no real estate
acquired by such indebtedness, shall remain the property of said corporation, for a longer period than five years, under the penalty of a forfeiture thereof to
the people of this state.
Sec 2. The President, directors and company
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herein after provided for, shall have power and are hereby authorized to carry on
the mining of coal or other minerals, the manufacture of flour, corn meal, wool, hemp,
lumber, iron and other agricultural products; to export their products, and manufactures;
to erect mills, works, furnaces, machines and such other buildings, as may be necessary
to carry on their buisiness; and to enter into all contracts which may concern the use and management of said
property.
Sec 3. The capital stock of said company shall be one hundred thousand dollars, with power to increase the same by a vote
of a majority of the stock holders, to any sum not exceeding three hundred thousand
dollars; provided, that the total amount of debt which said corporation, shall at any one time owe, shall not exceed the amount of their capital stock: and
in case of such excess, those under whose administration it shall happen, shall be
holden for the same, in their natural and private capacity; but this shall not be
construed so as to exempt the corporation property of the company from being also liable and chargable for such excess.
Sec 4. Subscriptions to the capital stock of said company shall be opened, under the direction of the persons heretofore named, and if more
than one hundred thousand dollars shall be subscribed, they shall distribute the stock
among the several
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subscribers, in such manner as they shall think most conducive to the interest of
said corporation. The stock of said corporation shall be divided into one thousand shares of one hundred dollars each, and it shall
be the duty of the directors for the time being, to require to be paid in at the time
of subscribing, for stock, five dollars on each share, and to call for and demand
of the said stock holders, respectively, all sums of money by them subscribed, at
such times and in such proportions as they shall see fit, under the penalty of the
forfeiture of their shares, and previous payments made thereon to the said corporation; always giving thirty days notice in a newspaper printed in or nearest Fulton county.
Sec 5. That the general place of meeting of said company shall be at Bernadotte in Fulton county in this state; but the President and directors of said company may select such other place of buisiness as to them may seem fit, for the general purposes of said company. Provided, that said company shall not be authorized to erect any mills, or other buildings or to engage in mining
in any county in this state, save those of Fulton and Peoria Counties, unless the said company shall first obtain the consent of the county commissioners court in such other counties; which consent, so obtained, shall be entered on the records
of the court or courts granting the same.
Sec 6. The stock property and concerns
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of said corporation, shall be conducted by five directors, who shall, at the time of their election,
be holders respectively, of not less than ten shares of the capital stock of said
company; a majority of said directors shall form a quorum, and the period of election shall
be annually on the first monday in the month, in which the ^first^ election was held.
Sec 7. The directors of said company, shall have power to appoint a secretary and treasurer or one person who may fill
the office of secretary and treasurer; and such other officers and agents as may be
necessary for carrying on the buisiness of said company. Said directors shall hold their offcies for the term of one year, and shall be chosen by the stockholders or their proxies,
which shall be by ballot; each share of the capital stock shall be entitled to one
vote, and the person receiving the greatest number of votes, shall be deemed duly
elected. Said directors shall appoinit one of their number a president which president and directors, so chosen, shall constitute
a board, or the major part of them; and be competent to the transaction of buisiness; and may from time to time, make out and prescribe such rules and by laws, and regulations, relative to the concerns of said corporation, as may be requisite for carrying on the buisiness of said corporation.
Sec 8. The Secretary of said corporation shall be duly sworn by a justice of the peace, or Judge of the circuit court to the faithful discharge of his duty, and the said company shall at
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all times, keep proper books of accounts in which shall be registered, the transactions
of the company; and the same shall at all times be open to the inspection of the stockholders.
And it shall be the duty of the directors, to make annual dividends, or, at such other
times, as the directors shall direct, of so much of the profits of said company, as to them, or a majority of them, shall appear advisable. And the directors, whenever
required by a majority of the stock holders, shall exhibit, at a general meeting,
a full and perfect statement of all the debts and credits, and all such other matters
as may be deemed essential, relating to the affairs of the company.
Sec 9. The stock of said corporation shall be deemed personal property; and assignable and transferable 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 be
paid to the satisfaction of the directors.
Sec 10. That for the purpose of carrying into effect the object of this corporation,
Joseph Webster, Priam B Hill, George Miller and Thomas J Little, S H Pitkin, N Walker, P. H Hart and Jesse Benson are hereby appointed commissioners, to [...?] obtain subscriptions to the capital stock of said company; and said commissioners, or a majority of them, after giving general notice thereof;
in some paper printed in this state; may open books for the subscription of said stock, at such times and places, as
they may direct; and keep
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the same open, until at least ten thousand dollars shall be subscribed. When such
subscription is complete, or when the amount of ten thousand dollars shall have been
subscribed, within sixty days thereafter, the said commissioners, or a majority of
them shall call a meeting of the stock holders, at Bernadotte in Fulton county, for the purpose of organization, by a printed notice in some newspaper of general
circulation within this state.
Sec 11. The corporation hereby created, shall continue for the term of thirty years, from and after its passage.
Provided, however, That if said company shall not have been organized under this charter, and the works located, and buisiness commenced, within three years from, and after the first day of July next, this act
shall be void, and of no effect.
sec 12. This act is hereby declared to be public, and shall take effect from and after
its passage.
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17
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No 427
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A bill for an act to incorporate the Illinois manufacturing Company
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[02]/[13]/[1837]
[02]/[13]/[1837]
2
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[03]/[01]/[1837]
[03]/[01]/[1837]
Passed
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[03]/[04]/[1837]
[03]/[04]/[1837]
To be Enrolled as amended.
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[03]/[01]/[1837]
[03]/[01]/[1837]
Engrossed
Handwritten Document, 8 page(s), Folder 457, SB 209, GA Session 10-1, Illinois State Archives (Springfield, IL) ,