In force, Mar.[March] 2, 1839.
AN ACT to incorporate the Winslow Bridge 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 all persons who may become stockholders pursuant to the provisions of this
act be, and they are hereby, created a body politic and corporate, by the name and style of “The Winslow Bridge Company,” and, by that name, shall be authorized to hold real estate sufficient to effect
the objects contemplated by this act; and of suing and being sued, defending and being defended, in law and in equity,
in all courts whatsoever; and shall have power to establish such by-laws, rules, and regulations, not repugnant to the constitution and laws of this State and of the United States, as shall be found requisite for the due government and
proper management of said corporation.
Capital stock.
Proviso.
Sec. 2. The capital stock of said corporation shall be twenty-five hundred dollars, to be divided into shares of twenty-five dollars
each: Provided, however, That if it shall be found insufficient for the erection of a suitable bridge across
the Pickatonica river, as designed by this act, said corporation may increase said capital stock to an amount not exceeding in the whole five thousand
dollars.
Commissioners to obtain subscriptions for stock.
Sec. 3. That William S. Russell, Thomas Vanvalza, William Wardham, David Marsh, and John K. Brewster, of Stephenson county, in the State of Illinois, and Russel W. Baldwin, William Boiles, Fortunatus Berry, and William J. Bankson, of Wisconsin Territory, be, and they are hereby, appointed commissioners to open books for subscription to the capital stock of said
corporation; which shall be opened at such time and place and manner as said commissioners may
prescribe.
Election of directors.
Quorum.
Annual election.
Officers.
Sec. 4. Whenever fifty shares of the stock of said corporation shall have been subscribed, the commissioners aforesaid shall give at least three weeks’ notice of the time and
place of the meeting of the stockholders for the choice of directors, by advertisement
thereof in some newspaper published in or nearest said county of Stephenson, or personal notice in writing; and at the time and place appointed as aforesaid,
the stockholders shall choose, by ballot, five or seven directors, being stockholders
of said corporation, who shall serve for one year, and until their successors are chosen and qualified
for office; a majority of whom shall form a quorum for the transaction of business. An annual election for the choice of directors shall be held at such time and place
as the stockholders at their first meeting shall appoint; and the directors thus chosen
shall select one of their number to act as president, and also appoint a secretary, treasurer, and such other agents as they may consider
expedient: Provided, That in case said stockholders neglect or fail to elect directors at any annual
meeting, said corporation shall not on that account be dissolved, but the president and directors for the time
being
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shall exercise the duties of their office till their successors are duly chosen by
the said stockholders.
Sums subscribed.
Stock, when forfeited.
Sec. 5. The directors may demand from the stockholders, respectively, all sums of money by them subscribed, at such times and in such proportions as they
may direct, first giving notice to said stockholders as prescribed in the fourth section
of this act, stating the amount on each share demanded, and the time and place of
payment; and if any stockholder shall neglect or refuse to pay the sum required as
aforesaid for the space of fifteen days after the time named for such payment, the
said corporation may, if they see fit, commence suit against such delinquent for the amount due, in
any court of competent jurisdiction, and recover the amount, with two per cent. a month interest thereon; and if said amount cannot be levied on execution, or if
such delinquent is out of the State, the corporation may declare said stock forfeited, with whatever amount may have been previously paid thereon, and the same shall remain
to the sole benefit of the said corporation.
May build a bridge at Winslow.
Sec. 6. The said corporation may construct a bridge across the Pickatonica river at the village of Winslow, at or near where the free ferry now is; and the same shall be built in a safe and
workmanlike manner, with a convenient draw, or otherwise, so as not to obstruct the
free passage of steam and other boats, rafts, &c.[et cetera], not less than eighteen feet wide, and well secured by a firm railing on each side
thereof not less than four feet high.
Rates of toll.
Persons free from toll.
Sec. 7. Whenever said bridge shall be completed, said corporation may erect a gate and toll-house at either end thereof, and may demand and receive
for toll not exceeding the following rates, to wit: Every four wheeled carriage, drawn by two horses or oxen, twenty-five cents; for
each additional horse or ox attached to said carriage, six and a fourth cents. Every
two wheeled pleasure carriage, twenty-five cents; for every wagon or cart, sleigh,
sled, or cutter, drawn by one horse, eighteen and three-fourth cents; for every cart,
sleigh, or sled, drawn by two horses or oxen, twenty-five cents; for each man and
horse, twelve and a half cents; for each horse and mule, six and a fourth cents; for
each head of neat cattle, three cents; for every sheep or hog, one cent; for every
foot passenger, six and a fourth cents; and in the like proportion of the foregoing
rates for any other animals or carriages. But all persons going to and returning from places of religious worship; going to
and returning when in the discharge of military duty; and all foot passengers crossing
said bridge residing within one mile of the same, shall be exempt from paying toll:
Provided, further, That all persons bringing grain of any kind to the mills established at said village
of Winslow, and returning with the same when ground, and also all persons residing within two
miles of said bridge, who may cross the same for the purpose of procuring fire-wood
and timber for their own proper use, shall not be
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required to pay more than quarter part of the regular tolls as specified at the commencement
of this section.
Injury done to bridge.
Sec. 8. If any person shall wilfully impair or injure said bridge, the person so offending shall forfeit and pay to said corporation treble the amount it may cost to repair the same, with costs of suit, to be received, (recovered,)
on conviction thereof, in any court of law having competent jurisdiction.
Passing toll-gate.
Sec. 9. If any person shall forcibly pass the gate or bridge aforesaid without having
paid the legal toll, he shall forfeit and pay eight times the amount of said toll, with costs, to be recovered
for the benefit of said corporation by an action of debt before a justice of the peace.
If toll-gatherer detain persons, to forfeit.
Sec. 10. If any toll-gatherer shall, without sufficient reason, delay or hinder any passenger at the gate, or shall receive or demand more than the
legal toll, he shall, for every such offence, forfeit the sum of five dollars, to be recovered, with costs, to the use of the
person so unreasonably delayed, hindered, or defrauded.
Bridge to be kept in repair.
Proviso.
Sec. 11. The said corporation shall, at all times after the completion thereof, keep said bridge in good repair; and should the same be permitted to remain in a
dangerous or impassable state for the space of twelve months at one time, the said
bridge shall be forfeited to the county of Stephenson: Provided, however, That the destruction of said bridge by fire, high water, or other casualty shall
not work a forfeiture of the privileges hereby granted, if the said corporation shall forthwith proceed to repair the same.
Proviso.
Sec. 12. No person or corporation shall, within the term of ten years within the completion
of said bridge, construct any other toll-bridge within one mile above or below said
bridge: Provided the said corporation shall keep said bridge in good repair during the term of ten years pursuant to the
provisions of this act.
When act to void.
Sec. 13. If the said bridge shall not be constructed within the term of three years from
the passage of this act, then and in that case this act shall be null and void; otherwise to remain in full
force for the term of twenty years.
County may purchase bridge.
Sec. 14. Whenever the county commissioners of the county of Stephenson may deem it expedient to purchase said bridge, they shall have the right to do so by paying said corporation the original cost of the same, with twelve per cent. thereon; and said corporation shall file, with the clerk of the county commissioners’ court of Stephenson county, a true statement of the actual cost of said bridge within one year after the completion
of the same.
Evidence of stock.
Sec. 15. Certificates shall be issued to the stockholders, as evidence of the stock held by them, which shall be signed by the president and
secretary; said stock to be transferable on the books of the corporation only personally, or by agent or attorney duly authorized for that purpose; and said
stock
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shall at all times by be holden by the corporation due from the holders to said corporation.
Proviso.
Sec. 16. In all elections for directors or for other purposes, each stockholder shall
be entitled to vote, either in person or by proxy, according to the amount owned by
him in said corporation, each share counting one vote: Provided, however, That no one stockholder shall be entitled to more than twenty votes.
Meeting of stockholders.
Dividends.
Sec. 17. The directors may call meetings of the stockholders whenever they may deem it expedient,
and also when requested so to do in writing by any ten of the stockholders; and shall
at each annual meeting present a true and accurate account of the concerns of said
corporation; and also declare and pay over to each stockholder, respectively, semi-annual dividends of the profits that may accrue to said corporation, in such manner as said stockholders shall prescribe.
Approved, March 2, 1839.
1On February 19, 1839, Germanicus Kent introduced HB 338 in the House. On February 26, the House passed the bill without amendment, and referred it to the Senate. On March 1, the Senate passed the bill without amendment. On March 2, theCouncil of Revision approved the bill, and the act became law.
Journal of the House of Representatives, at the First Session of the Tenth General
Assembly, of the State of Illinois (Vandalia, IL: William Waters, 1836), 441, 480, 524, 587, 602, 606; Journal of the Senate, at the First Session of the Tenth General Assembly, of the
State of Illinois (Vandalia, IL: William Waters, 1836), 437, 482, 491, 508-09.
Printed Document, 4 page(s), Incorporation Laws of the State of Illinois, Passed by the Eleventh General Assembly (Vandalia, IL: William Walters, 1839), 184-87, GA Session: 11-1,