A Bill for An act to incorporate the Embarrass River Navigation Company.

Sec.[Section] 1^st Be it enacted by the People of the State of Illinois represented in the general Assembly ThatJames McLean[,] Jacob May of Stringtown[,] Lewis Jordan[,] Joseph Pickett[,] Francis Carter[,] John Whitston[,] James Ewert[,] Thomas Sconce[,] Benjamin Harris[,]R Hiram Wade[,] James Alexander[,] William Ryan[,] Samuel K Lowery[,] Daniel C. Travis[,] R. Haskins[,] D Martin[,] W. Garrard[,] A Price[,] W. Fowler ^and Jacob Lewis^and their associates and successors in office be and they are hereby appointed and constituted a body politic and corporate by the name and style of “The Embarrass River navigation company;” and by that name they and their successors shall be capable in law and equity of contracting and being contracted with[,] suing and being sued, pleading and being impleaded[,] answering and being answered, defending and being defended, in all courts whatsoever. They may have a common seal and change and alter the same at pleasure, and do and perform all other acts and things which may be necessary to carry into effect the improvement of the navigation of the stream aforesaid: they are hereby invested with all the privileges and advantages usually belonging to corporations, in purchasing[,] taking[,] holding and enjoying[,] selling and transfering any real or personal ^estate^ by gift[,] grant[,] purchase or otherwise which may be necessary to facilitate the aforesaid object

Sec. 2^nd The capital stock of the company shal[l] be two hundred thousand dollars to be divided into shares of twenty five dollars each, payable in five equal

---

annual instalments. And each person at the time of subscribing for stock in said company shall give a note in the following form.
For value received I promise to pay to the President D and Directors of the Embarrass River navigation company the sum ofdollars andcents in five equal annual instalments
which notes shall be taken and deemed to have been given for a good and valuable consideration, and may be sued for and recovered in any court. in the same manner as though they were given to private Individuals. And in all cases arising under this Act. or in which said company may be party plaintiff or defendant the several courts of this state shall ^have^ the same jurisdiction as they would have in suits upon contracts between natural persons

Sec. 3^rd Whenever one or more instalments fall due upon any note given to said company, it shall be lawful to sue for and recover so much money as may be due ^thereon^ by filing a copy of the note in the court in which suit is instituted, and in all suits brought by or against said company the right of appeal shall be allowed to either party. in the same manner as now is or hereafter may be prescribed by law, in controversy, between individuals

Sec 4 The Individuals named in the first Section of this Act shall be the Directors of the company for one year after the company is organised and until their successors in office are duly elected and qualified. And they shall proceed to elect one

---

of their body President, and shall also have power to appoint a Secretary. Treasurer and superintenant of the works of improvement. whom they may remove at pleasure and M may also require such bonds of said officers as they may deem right and proper for the security of the interest of the person concerned or the public. and may pay them such compensation as they may think is right and proper

Sec. 5 The Directors shall meet at Newton on the first day of the next circuit court for the county of Jasper at which meeting they shall elect their president and other officers. a majority of the Board shall be a quorum to do business and all subsequent meetings shall be held at such time and place as the board may appoint and direct

Sec. 6. The Company aforesaid shall have power to give and receive promissory notes[,] checks[,] bonds[,] bills of exchange, mortgages[,] deeds. bills of sale and all other instruments of writing for the purpose of conducting and carrying ^on^ the improvement of the River aforesaid and for none other. And all the money or property which may come to the hands of said company shall be faithfully and exclusively applied to and expended in the improvement of the Navigation of the River ^stream^ aforesaid. Provided that said company shall neither have or exercise any other powers than those connected with the improvement aforesaid

Sec 7 All bonds[,] checks[,] notes or bills of exchange given by said said company shall be signed by the President and countersigned by the secretary and all instruments conveying either real [...?]or personal estate shall be signed by the President and a majority of the Directors of said company. And all conveyances or other contracts shall be given ^in the name of^ to the President and Directors of said company.

Sec. 8. Said company are hereby authorised to receive subscriptions, & voluntary contributions for the promotion of the Improvement aforesaid either in money[,] labour or any other valuable thing, and secure the se payment of thereof in such manner as to them shall seem best, And when said subscription is paid it shall be the duty of the President to give a proper receipt therefor.

Sec. 9. The Directors shall appoint a time [?] and place to hold an election for new Directors once in each year, at which election the stockholders shall respectively be entitled to one vote for each share of stock and they may vote in person or [...?] by proxy, for fif teen ^Twenty^ Directors who shall manage and conduct the affairs of said company.

Sec. 10 said company shall have power and they are hereby authorised to enter upon and use any lands, timber, rock[,] gravel, or any other material that may be necessary in the prosecution of the work aforesaid, and they shall pay all damages that may arise, to any person or persons by taking or using their property afore-

---

said for the purpose of improving the stream aforesaid, and when the same cannot be agreed ^on^ voluntarily by the parties, the amount to be paid shall be fixed and ascertained in the manner laid ^down^ for the recovery of damages caused by the laying out public highways.

Sec. 11. When the lands, or other prope[rty] or estate of any married woman, infants or persons non compos-mentis shall be necessary for the construction of said works, the husband of said married woman, and guardian of such infant or person non-compos mentis may release all damages in relation to the estate or lands to be taken, and appropriated as aforesaid, as full as they might do if the same were holden in their right respectively.

Sec. 12. Said company shall have full power and they are herebuy authorised to improve the navigation of the Embarrass River by lock dam. race canal slack water navigation or in any other manner or way which the company may think proper to adopt, and to use all the means necessary and proper for carrying into execution the foregoing object

Sec 13. Should any donation or donations of land[,] money or other valuable things be made to said company for the promotion and advancement of the object aforesaid ^either by the national or state government^ it shall be the duty of said company to use and appropriate such donation as aforesaid solely and exclusively to the impprovement of said River

Sec. 14. The Directors for the purpose of procuring money to progress immediately with the work aforesaid may make such deductions as they may think is right to those who pay for their stock in advance or if they ^think^ proper the[...?] Directors may borrow for the purpose aforesaid any sum of money of money not exceeding the whole amount of their capital stock

Sec. 15. Samuel H Clubb[,] E Z Ryan[,] Samuel Thorn[,] Aaron Shaw. William G. Anderson. William Childers. Col. William Spencer[,] Felix Brown, Levi Lee[...?][,] Jacob C. Shy[,] W. M Richards[,] James Ward[,] James McCullough[,] Anderson Arnold[,] John Vandyke[,] Reuben Canterberry. William Collom[,] Philip H Odell[,] James Gill and John Hutton. be and they are hereby appointed commissioners to open books. and solicit the subscription of Sctock of said company, and for the purpose of giving the greatest possible facility in obtaining such subscriptions, it shall be the duty of said Commissioners to open books during the next term of the circuit court in Charleston, in newton, and in Lawrenceville, so that all persons who wish to take stock, or may ^to give^ any voluntary contribution for the Improvement of the River aforesaid may have an opportunity to do so. And all subscriptions so received by said Commissioners shall be transmitted to the president of the company aforesaid

Sec. 16. This corporation shall continue in force until revoked or [...?] repealed. and the Legislature shall have power whenever the corporator violate their charter to repeal and rescind it