A Bill to incorporate the Fox River Manufacturing Company & for other purposes.
Sec.[Section] 1. Be it enacted by the People of the state of Illinois represented in the General assembly, That Peter D. [Hugunin?], Alvin Bronson, Theophilus S. Morgan, Wm H. Denning and Allen H. Howland, and their associates, heirs, successors & assigns, be, & they hereby are, constituted
a body politic & corporate, under the style & title of the “Fox river Manufacturing ^
[&?] Hydraulic^ Company” to be located in or near the town of Ottawa, Lasalle county; with the sole power vested in them & their successors, of contracting, in their
Corporate name, & being contracted with, suing & being sued, pleading & being impleaded,
answering & being answered, defending & being defended, in all courts of law & equity
having competent jurisdiction; of making, using & having a common seal, and breaking,
altering or renewing the same at their pleasure; of ^buying[,]^ taking & holding such property, real, personal or mixed, as they shall deem necessary
to carry into effect the objects of said company; of selling, exchanging or otherwise disposing of the same; of giving & receiving
promisory notes; and of ordaining, establishing & putting in execution, all proper, convenient
or necessary bye-laws & regulations for the government of said company, not contray to law or the constitution.
Sec. 2 The capital stock of said Company shall be fifty thousand Dollars, with power to increase the same at [their?] pleasure to any sum not exceeding two five hundred thousand dollars; which shall be divided into shares of one hundred
dollars each. The total amount of debt which said Company shall at any time owe shall not exceed the am0unt of their capital stock, but in
case an excess of debt shall be created or permitted, the private property of the
board of Directors [...?]
<Page 2>
2
under whose administration it shall happen occur, shall be holden for the same; but this shall not exempt the corporate property
of the company from being liable for such excess.
Sec. 3 The said company shall have power to erect a dam across Fox river at any point, on section one town[township] 33 north of range 3 East of the 3rd principal Meridian, at which they own the land are, or shall hereafter become, the riparian proprietors of the soil, of such height
as shall not interfere with the rights of individuals or of this state; To transact all kinds of manufacturing & mechanical business; To erect mills, machine
shops, ^&^ furnaces, for the manufacture of cotton & Woollen goods, paper, flour, lumber, castings,
machinery, houshold & farming utensils &c.[et cetera] To supply to town of Ottawa & its environs with pure & wholesome water, to accomplish which, the said company shall have power to construct reservoirs, fountains and all other necessary works,
to locate under, through & along any of the public highways, streets, lanes, side
walks or alleys in said town of Ottawa or its environs, all necessary pipes[,] tunnels or conduits for the conveyance of said water; to put up[,] alter, renew, or repair all necessary hydrants or fire plugs at such places as they
may think fit & convenient for public use, leaving at all times one half of said highways,
streets or alleys unobstructed during the progress of said work, and restoring the
same to their former condition as soon as practicable after the laying of said pipes
or conduits. Shall also have the sole privilege
^right^ of granting to all persons & to all bodies corporate and politic, the privilege of
using said the water so introduced, as aforesaid, upon such terms, in such manner and upon such
conditions, and in such quantities respectively as they shall deem proper.
Sec: 4 If any person, or persons shall injure any of the works or machinery used in containing,
raising, for-
<Page 3>
3
cing or conducting said water; or shall wilfully pollute said water, contained in
any of said works, in any manner whatsoever, the person or persons thus offending
shall be liable to a fine of not exceeding one hundred dollars for each and every
offence recoverable before any court of competent jurisdiction for the use of said Company; and shall further be compelled to remove all nuissances by him, her or them created as aforesaid forthwith, under the further penalty of
ten dollars for every twelve hours said nuissance shall continue, to the use of said Company, recoverable as aforesaid. But said fines & penalties shall not prevent said company from recovering damages in a civil suit, for any injury done to said works.
Sec. 5 The Charter of incorporation hereby granted shall continue in force fifty years
from and after the passage of this act, provided said company shall, within five years from this date commence the construction of the necessary
works, for the introduction of pure & wholesome water into said town. Provided, also, that a failure to commence the construction of said works with in five years
shall not opperate as a forfeiture of this charter so far as relates to manufacturing purposes.
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 stock holders, at the time
such election may be held, and in such manner as a majority of the stockholders shall
ordain & direct. The first election for directors shall be held at such time & place
as a majority of the members of said Company shall deem best. Each share of the stock shall be entitled to one vote, & the members
may vote in person or by proxy
<Page 4>
4
Sec. 7 The board of directors, or a mjority of them, shall have full power, to call special meetings of the company, & to fix the time of holding the annual meetings for the Election of offices, 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
untill their successors are elected; to appoint, ^employ^ and dismiss at their pleasure a treasurer, secretary, and all other officers, agents,
clerks, mechanics, servants & laborers, and fix their compensation, in order to execute
& transact all the necessary & proper business of the company; to call for such installments on the each share of the capital stock as they shall deem best for the interests of the
company, by giving six weeks notice of such call in the nearest public journal; and in case
of a failure on the part of any of the stockholders, or their legal representatives,
to pay said installments when required, or within thirty days thereafter, all the
interest they may have in said company shall be forfeited, to the members thereof; & to make & prescribe, such bye-laws, rules & regulations, relative to the concerns of said company as they the interests of the company may require.
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 Corporation, which books shall at all times be subject to the inspection & examination of the
stockholders, to make annual dividends or semi-annual dividends of so much of the proffits of said company as they shall deem advisable for the interests 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
<Page 5>
5
all other matters in relation to the affairs of the Company as may be deemed essential.
Sec. 9 Subscription to the capital stock of said Company shall be opened under the direction of
[Allvin?]
Alvin Bronson, Theophilus S. Morgan, Wm H. Denning, Peter D. [Hugunin?] & Allen H. Howland, at such times & places as they may determine whose duty it shall be to require of ev one dollar to be paid down at the time of subscribing for each and every share subscribed
for; and, so soon as the capital stock of said Company shall have been subscribed, to proceed without unreasonable delay to distribute the
stock among the subscribers in such manner as they shall consider best for the future
prosperity & [interests?] of the company, returning to each and every subscriber all moneys paid by him at the time of subscribing,
over & above one dollar for each any every share of the stock given him in the distribution.
Sec. 10 The stock of said corporation shall be deemed personal property, and assignable & transferable on the books of
the Company. But no stockholder, indebted to the company shall be permitted to make an assignment or a transfer, untill such debt be paid, or secured to be paid to the satisfaction of the directors.
Sec. 11 This act is hereby declared a public act and shall take effect from and after
its passage.
<Page 6>
[ docketing
]
[23?]
[ docketing
]
A Bill for an act to incorporate the Fox River manufactoring Company & for other purposes.
[ docketing
]
[01]/[29]/[1839]
[01]/[29]/[1839]
2
[ docketing
]
[01]/[29]/[1839]
[01]/[29]/[1839]
Com In Imps
[ docketing
]
[?]
&
[?]
[ docketing
]
[Engrossed?]
Handwritten Document, 6 page(s), Folder 180, HB 230, GA Session 11-1, Illinois State Archives (Springfield),