In force, Dec.[December] 10, 1830.
AN ACT to incorporate the Kankakee manufacturing company.
1Body politic
Name & style
Powers
Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That Jacob B. Merrick, Richard J. Wells, Jeremiah Price, Henry Green, Allen H. Howard2, Artemus Doane,John G. Castu , and their associates and successors, be, and they are hereby constituted a body corporate and politic, by the name and title of the Kankakee Manufacturing Company, to be located in the town of Kankakee, La Salle county, and by that name and title shall have power to sue and be sued, contract and be contracted
with, plead and be impleaded, defend and be defended, answer and be answered unto,
in all courts of law and equity having competent jurisdiction.
Dam to be built.
Navigat’n[Navigation] not to be obstructed
Further powers
Proviso
By-laws
Sec. 2. The said company shall be vested with full power to erect a dam across the Kankakee river, in said town of Kankakee, of such height and on such a plan as shall not obstruct the ordinary navigation of
said stream, or interfere either with private or public rights to erect mills, furnaces, machine
shops, and all other machinery for the purpose of transacting all kinds of manufacturing
business which they shall deem proper, to give and receive promissory notes, to purchase, take, and hold such property,
either real, personal, or mixed, as may be necessary to carry into effect the object
of said company, and the same to sell, exchange, or otherwise dispose of: Provided, The quantity of real estate so purchased, and held by such company shall not exceed three hundred and twenty acres; to ordain, establish, and put in execution such by-laws, ordinances and regulations
as may be necessary for the good government of said incorpo-
<Page 2>
ration, to have a common seal, make, alter, break, or renew the same at pleasure,
and to do all other acts and things which they may deem best for the interest of the
company, not contrary to the law or the constitution.
Capital stock $100,000, may be increased to $500,000
Total debt of company
Private property holden for debts
Sec. 3. The capital stock of said company shall be one hundred thousand dollars, with power to increase the same to five hundred thousand dollars, at the pleasure
of the company, which capital stock shall be divided into shares of one hundred dollars each. The total amount of debt which the company shall at any time owe, shall not exceed the amount of their capital stock; but in
case an excess of debt shall be created or permitted, the private property of the board of directors under whose administration it shall
happen, shall be holden for the same, but this shall not exempt the corporate property
of the company from being also liable for such excess.
Term of charter
Sec. 4. The charter of incorporation hereby granted shall continue in force twenty years
from and after the passage of this act.
Subscription books
Directors for time being
Notice of payments on subscriptions
Forfeiture of stock
Sec. 5. Subscriptions to the capital stock of said company shall be opened under the direction of Jeremiah Price, Richard J. Wells, Henry Green, A. H. Howland, and J. B. Merrick, who shall be directors from the time this act takes effect and until others are elected,
and it shall be the duty of the directors for the time being, to call for and to demand
of the stockholders respectively all sums of money by them subscribed at such times
and in such proportions as they shall see fit, giving always sixty days notice in a public journal printed in or nearest to said
town; and in case of failure on the part of any of the stockholders or their legal representatives
to pay in said stock as required, or within thirty days thereafter, all the interest they may have in said company shall be forfeited to the members thereof. So soon as the capital stock shall have
been subscribed, it shall be the further duty of the directors above named, to proceed
to distribute the stock among the subscribers in such manner as they shall deem best
for the interest and future prosperity of the company.
Officers
Election to be annual
Sec. 6. The officers of said company shall consist of a board of five directors, one of whom shall be elected President
of the board; they shall be chosen annually, from among the stockholders, at the time such elections
may be held, and in such manner as a majority of the stockholders shall ordain and
determine; each share of the stock shall be entitled to one vote, and the members
may vote either in person or by proxy; a majority of the directors shall constitute
a quorum to do business.
Special meetings
Notice
Vacancies, how filled
Treasurer & other officers, pay of
Rules, by-laws
Sec. 7. The board of directors or a majority of them shall have power to call special meetings
of the company and to fix the times of holding the annual meetings for the election
<Page 3>
of officers, by giving sixty days previous notice in the nearest public journal; to fill vacancies that may occur in their own body, either by death or resignation,
to hold their offices until their successors are elected; to appoint, employ, and
dismiss at their pleasure a treasurer, secretary, and all other officers, agents,
clerks, mechanics, laborers, and servants, and to fix their compensation, in order to execute and transact all the necessary
and proper business of the company, and to make and prescribe such rules, regulations and by-laws, relative to the concerns
of said incorporation as the interest of the company may require.
Books of account
Dividends
Sec. 8. It shall be the duty of said board of directors, at all times, to keep proper books of accounts, in which they shall register all the transactions
of the company, which books shall at all times be subject to the inspection and examination of the
stockholders, to make annual and semi-annual dividends of so much of the profits of said company as they shall deem advisable for the interest of the company, and whenever required by a majority of the stockholders to exhibit at a general
meeting as complete and perfect a statement of all the debts, credits, and of all
other matters in relation to the affairs of the company, as may be deemed essential.
Stock deemed personal
Sec. 9. The stock of said company shall be deemed personal property, and assignable and transferrable on the books of the company, but no stockholder indebted to the company shall be permitted to make a transfer or an assignment, until such debt be paid,
or secured to be paid to the satisfaction of the directors.
Special meetings
Sec. 10. A majority of the stockholders may call a special meeting of the company when they deem it necessary.
Public act
Right reserv- by Legislature
Proviso
Sec. 11. This act is hereby declared a public act, and shall take effect from and after its
passage; and the Legislature hereby reserves the right to alter, modify, or repeal this act, or any part of its
provisions, whenever they may deem the public interest to require the same: Provided, That in case of repeal, the said corporation shall be allowed such reasonable time to dispose of their property, and close their
concerns, as in the wisdom of the Legislature may be deemed equitable and just.
[ certification
]
12/10/1839
12/10/1839
Certificate of Sec.[Secretary] of State
This bill having been laid before the Council of Revision, and ten days not having intervened before the adjournment of the General Assembly, and the said bill not having been returned with the objections of the council on the first day of the present session of the General Assembly, the same has become a law.
Given under my hand this 10th day of December, 1839.
A. P. FIELD, Secretary of State.1On January 29, 1839, George Churchill introduced HB 229 in the House. On February 13, following the insertion of an amendment by the Committee on Public
Works, the House passed the bill, and referred it to the Senate. On February 28, following the insertion of another amendment by the Committee on
the Judiciary, the Senate too passed the bill. On March 1, the House concurred with
the Senate amendments. On December 9, theCouncil of Revision approved the bill, and the act became law.
Journal of the House of Representatives, at the First Session of the Eleventh General
Assembly, of the State of Illinois (Vandalia, IL: William Waters, 1838), 306, 339, 352, 392, 551, 582, 598; Journal of the Senate, at the First Session of the Eleventh General Assembly, of the
State of Illinois (Vandalia, IL: William Waters, 1838), 331, 423, 448, 494.
Printed Document, 3 page(s), Laws of the State of Illinois, Passed by the Eleventh General Assembly, at their Special Session (Springfield, IL: William Walters, 1840), 135-37, GA Session: 11-S,