. . .to lease, or obtain from the said States or authorities aforesaid, a surplus of such
water power, and hydraulic priveledges, over and above what may probably be necessary for their bonne fide and actual operations, with a view and intention of preventing competition, in the
erection of mills, manufactories or machinery, of any description, by other Companies
or individuals; nor shall this act be ever so construed as to grant to the said company any exclusive priveledge, to embark in or carry on any branch ^of^ manufactures or business whatsoever.
Section 14. For the purpose of securing the necessary capital to carry into effect
the objects of this act, the said directors are authorized and empowered, to call
in the whole or any part of the capital stock subscribed, under such regulations,
and in such instalments as may from time to time, be prescribed by the bye laws of the Company; and if the whole amount of the said capital stock shall not have to be subscribed
for, previous to the first election of directors, the directors for the time being,
may at any time thereafter, cause books of subscription to be opened, for the subscription
of all or any portion of the residue of the said capital stock, by such agent or agents,
and at such times & places and to be paid for in such instalments, and manner, as
the said directors may deem expedient.
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Section 15. And for further securing means and capital to enable said Company, to carry into effect the objects of this act, the directors are authorized and empowered,
to borrow on the faith and credit of the said company any sum or sums of money, not exceeding in the whole, the amount of its capital stock,
and to issue bonds or transferable certificates of stock therefor, in the corporate
name, and under the seal of the said company; and to take such loans on such time, and pay such rates of interests therefor, and
make the same payable at such place or places, as may be agreed on by the lenders
and the said company; and the said directors may employ such agents or agent to negociate & effect such loans, in the United States or elsewhere, as they may deem proper.
Section 16, The lands, tenements and real estate which may be leased, purchased,
and held by the said company, shall be confined to such lands, tenements & real estate, as shall be deemed by
them necessary & requisite for the erection of their Mills, manufactories, foundries[,] work shops, & improvements; and dwellings & offices for their agents, & workmen &
persons in the employ of the said company; and for mill races, forebays[,] reservoirs & other water works, and for ^11th^ boat, lumber & coal yards, and warves; and ^12th^ such coal & timber tracts of lands, as may be deemed by them necessary to ensure a constant and uninterrupted supply of fuel & lumber for
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the operations of the said company; and such lands & real estate as the company may become the purchaser of at sales under d executions or decrees, for debts due & owing to the said company; provided, that lands so purchased under executions & decrees shall be sold by the said company within five years thereafter.
Section 17. The said company are hereby authorized and empowered, to purchase and deal in grain, cotton, wool,
iron, ores, coal, lumber, and other raw materials; and to erect, construct, establish
and carry on, manufactories of flour, meal, oils, paper, cotton, woollen, flax, and
hempen fabrics, implements of agriculture, castings, rail way & other iron, steam
engines, loco-motive and other railroad carrs; and to establish and carry on boat yards, & the construction of steam & other boats,
and the manufacture of rail way, building & other lumber; or any or either of the
said branches of [...?] manufactures & business; and to sell, use & dispose of the such manufactured & constructed articles, in such manner as the directors may deem
most prudent & beneficial to the interests of the said company.
Section 18. That for the purpose of facilitating the operations of the said company; and securing the early application of the said water power, whenever the dam shall
have been completed, the said directors are authorized to purchase & put into operation
one or more steam engines, for the sawing
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lumber, and preparing building materials & preparation of machinery; if they shall
deem it expedient so to do.
Section 19. The directors are authorized to insure all or any part of the property of the said
Company, against losses by fire, maratime risks or otherwise, in all cases, as natural persons are capable in law to do.
Section 20. It it should so happen, that at any time there should be any surplus capital or funds
of the said company on hand, and unemployed in their ordinary business and operations, by reason of the
states not having water power ready for application by the time expected; or by casualties
happening to the dam or other water works, and thereby suspending the operation of
the machinery of the Company, or by an unavoidable deficiency in the supply of raw materials, or operatives, or
other wise, it shall and may be lawful for the said directors to make temporary loans,
of such unemployed & surplus funds & capital, ^at^ not exceeding ^15th^ legal rates of interest, until the same shall be needed in the ordinary manufacturing
operations of the company.
Section 21. Suits against the said company shall be commenced by summons, and personal service of the same on the president
or Treasurer of the Company, upon the same notice as in cases of
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suits against individuals; or by leaving an attested copy of such summons, at the
usual office of the said Company, thirty days before the return day thereof.
Section 22. All and any person trespassing on, or injuring the property of the said
company, shall be liable in the same manner, to the said company, as in like cases of trespass or injury to property belonging to individuals.
Section 23. Nothing in this Act shall be so construed as to invest the said company with banking priviledges; provided that the sale of bills or drafts, drawn or received by the said company, for funds or proceeds of the sales of their articles of manufacture, & trade in
the southern or other markets, shall not be deemed banking priviledges within the meaning of this act; but said company may dispose of such bills & drafts in the same manner as individuals may do.
Section 24. The Legislature may, at any time after thirty years from the passage of this act alter, amend, or
repeal the same, as they may deem the public good to require; and in case of such
repeal, shall allow the said company a reasonable time to close their concerns, and dispose of their leases, improvements
and property, as in the wisdom of the legislature may seem equitable & just.
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Section 25. This act shall be deemed a public act, and shall be received in evidence
for and against the said company, in all courts of judicature, without the necessity of pleading the same.
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No 122.
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A bill for “An Act to incorporate the Mount Carmel manufacturing Company”
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[01]/[22]/[1839]
[01]/[22]/[1839]
2
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[01]/[22]/[1839]
[01]/[22]/[1839]
Com Judiciary
Handwritten Document, 8 page(s), Folder 136, HB 175, GA Session 11-1, Illinois State Archives (Springfield, IL)