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Sec[Section] 1. Be it enacted by the People of the state of Illinois represented in the General Assembly, That David Hayden, ^William Carlen ^ Charles Gregory, George H. Ringgold, Jesse H. Rogers, John Beeman, Nathaniel J. Eaton, Timothy Ladd and Chester Swallow and such other persons as may become Stockholders agreeably to the provisions of this Act are hereby constituted a body corporate by the name of the “Apple Creek Navigation Company” and in that name may sue and be sued, defend and be defended, plead and be impleaded in law and equity in all Courts whatsoever and by that name shall be capable of succession.

Sec 2. The Corporation shall have the right and power to improve the navigation of Apple Creek in the County of Greene and State of Illinois by slacking the water with dams and locks or slopes, clearing the creek from all obstructions, erecting & grading upon either side of said creek, suitable tow paths, so as to make said creek navigable for keel, canal or other boats from the mouth of said creek to a point on said creek known as Eatons Mills. And for that purpose the Capital Stock of said Corporation shall be $250.000 which said Capital Stock shall be divided into shares of $50.00 each, which shall be deemed personal property, and transferable in such manner as said Corporation by its by-laws shall direct.

Sec 3. The above named individuals to wit: David Hayden, Charles Gregory, George H. Ringgold, Jesse H. Rogers, John Beeman, Nathaniel J. Eaton, Timothy Ladd and Chester Swallow are hereby appointed Commissioners or a majority of them to open Books, within one year from the passage of this Act, in suitable places in the towns of Carrolton, White Hall, Newport, and Eatons Mills to receive subscriptions to the capital Stock of said Corporation, and to do such other things as in their opinion is best calculated to get the Stock taken. Thirty days public notice shall be given of the time and place of opening said Books by posting up in public places in said towns notices thereof, and said Books shall be kept open for such subscription three days. And if at the end of that time the amount of $15.000 in said Stock shall be taken, and such percentage paid upon said Stock as the commissioners may think expedient then a like notice shall be posted in like manner calling a meeting of the Stockholders at such time and place as may be thought most advisable to choose five Directors, and such Election shall then and there by made, each share Entitling the holder to one vote whether in person or by written proxy. The commissioners or any three of them who receive the subscription of the Stock shall be inspectors of the first Election and shall certify under their hands

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and seals the names of those Elected Directors. and shall deliver over the monies, Books and papers to said Directors.

Sec The said Directors so Elected shall have power at any time to reopen the Books for a further subscription of Stock until the whole is taken. At the first meeting of the Directors they shall choose one of their own body as President and said President & Directors shall continue in office for twelve months & until their Successors are Elected. All subsequent elections shall take place annually thereafter from the day of the 1^st Election and shall be under the direction of three Stockholders, not being Directors who shall previously be appointed for that purpose by the Directors. All elections shall be by ballot and a plurality shall elect, and in case no election shall be had for Directors the Charter shall not be forfeited nor the Corporation dissolved, but the Directors in office shall continue until their successors are elected. In case of the death, resignation or inability to serve of any Director or President such vaacancy or vacancies shall be filled for the remainder of the year by a special election for that purpose to be held in the same manner as herin before directed. A majority of the Board of Directors shall form a quorum to do business & shall have & exercise all the powers confirmed upon the Company.

Sec 6. The Directors of said Company shall cause such examinations and surveys to be made as may be necessary to construct the locks and dams in said Creek and shall cause the points where said Creek locks and dams may be required to be designated in said survey, a duplicate copy of which shall be made, and one copy deposited with said Company, and one copy placed upon Record in the Recorders office of Greene County for the benefit of whom it may concern.

Sec And the said corporation are also authorized and empowered to borrow any sum or sums of money, which they in their discretion may deem necessary to aid in the construction of said work, not exceeding the amount of their capital stock, and if, it shall appear at any time appear to the Directors of said Corporation that any portion of the money borrowed as aforesaid or any portion of surplus capital shall not be required to be retained for such purposes the same may be loaned at such rate of interest as is now by law allowed or shall hereafter be allowed to be taken by individuals, or may be reimbursed according the discretion of the Directors

Sec 3 The said Corporation shall have power to purchase, receive and hold such real estate as may be necessary and useful for its interests in the accomplishment of the objects of its creation, & shall be authorized to have and to hold any and all lands which may be given, granted and donated to the same by the United States or by any person or persons or body politic & to sell & convey the same, and it shall also be authorized to enter upon and use all and any lands adjoining said creek as may be necessary for the construction of locks or dams, or for towing paths, or the erection of suitable toll houses, and so much said land adjoining said creek as may be convenient and useful to said Corporation for the uninterrupted navigation of said Creek; And also to take stone & timber & such other materials as may be necessary to the construction and maintainance of said navigation. Provided, that said company shall pay to the owner or owners of land entered upon and used as aforesaid the damages sustained by such owner or owners. And also the owner or owners of stone, timber and materials the value thereof before entering upon and taking the same. And if said Company and owner or owners shall be unable to agree upon the damages sustained by the entering upon and using lands and real Estate, or the value of

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timber, stone and materials, such damage or the value of the materials aforesaid, shall be ascertained under and according to the provisions of the Act entitled “An Act concerning the right of way & for other purposes” Approved 28^th Feb. 1833. The said Company shall be authorized to use the waters of all the adjacent streams & lakes which empty their waters into Apple Creek between the mouths and Eaton Mills aforesaid for the purposes the purposes of keeping up the levels in a low stage of water in apple creek. The said Company shall be responsible for all damages sustained by the overflowing of land, by the owner thereof, and also for all damages sustained by erecting dams, locks &c.[etc.] according to the provisions of the “Act concerning the right of way” above referred to. The Directors of said Company shall have power to transact all the business of said Corporation, and to this end may appoint such agents, clerks and servants, Engineers and other persons as may be deemed necessary to attend to & manage the business of the Company. They shall have power to prescribe all such rules and adopt all such by-laws touching the management and disposition of the Stock, property and estate of the Company as may be necessary, and not inconsistent with law. They also shall have power to require payment by the Stockholders of the stock subscribed at such times and in such places proportions as to the same may be thought adviseable by the

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Directors and shall from time to time give notice in two of the public newspapers published nearest the said work, such notices to be published at least four weeks previous to the day appointed for said payment, and the Directors are authorized in case any Stockholder shall fail to make payment as required to cause the Stock of such Stockholder to be sold at public auction and apply the proceeds of such sale to such payment. or to provide for the forfeiture of said Stock to the Company. The said Company shall be authorized to purchase and to hold Steam Boats, Canal Boats, Keel or other Boats and to navigate with the same the waters of the Illinois and other Rivers for the purpose of running & forwarding goods, wares and merchandize and the produce of the Country; and for the transportation of passengers, and to do all such business with said Boats as is legal for individuals to do. Said Company shall permit all persons to navigate the waters of Apple Creek with boats, persons and property whereever the same is made navigable, upon payment of such tolls as may be fixed upon by Directors. Provided that the tolls shall be uniform, Provided, however & the same shall be under the control of the County Commissioners Court of Greene County & shall be regulated by them. If any person or persons shall wilfully or negligently do or cause to be done any Act or acts whatsoever whereby any building, con-

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struction or work of said corporation, or any boat or other things appertaining to the same shall be weakened, impaired or destroyed or shall place any obstruction in the way of the navigation of Apple Creek, every such person shall forfeit and pay to said corporation treble the amount of damages sustained to be recovered by action of debt, in the name of said Corporation in any Court or before any Justice of the Peace having Jurisdiction thereof with costs of such, and such person or persons shall also be subject to indictment and punishment by fine or imprisonment. The mode of suing said Corporation shall be by summons, and a copy of the summons delivered to the President of the board, the Secretary or Treasurer shall be sufficient service of process to require the Corporation to answer and to authorize any Court to proceed to Judgment.