Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Joseph Vandaren, Isaac Gruell, James Shaw, William J. Campbell, John H. McCleland, David Morgan, James Black, Claiborne C. Ashmore, and Snowden Sergeant, with their associates and successors, be, and they are hereby, created a body politic and corporate, by the name and style of “The Embarrass and Kaskaskia Bridge Company,” for the purpose of constructing bridges across the Embarrass and Kaskaskia rivers, at or near where the Springfield trace crosses said streams; and they and their successors are hereby made as capable in law as natural persons to contract and be contracted with, to plead and be impleaded, to sue and be sued, in all courts of law and equity; to make, have, and use, a common seal, to alter the same at pleasure; and they and their successors shall have power to purchase and hold as much real estate as may be necessary for the sites of said bridges, abutments, toll-houses, and suitable avenues leading to the same; also, to borrow any money, not exceeding the capital stock mentioned in this act, to be applied exclusively to the works aforesaid; also, the power to ordain and establish such by-laws and regulations as shall be necessary for the well-being and government of said corporation, not incompatible with the laws or constitution of this State, or of the United States. The directors shall meet at Independence, on the second Monday of March next, and organize.

Sec. 2. The capital stock of said company shall consist of fifty thousand dollars, to be divided into shares of ten dollars each, to be subscribed for or sold in the manner hereinafter mentioned.

Sec. 3. Within six months after the passage of this act, the persons before named, or a majority of them, shall cause books for the subscription of stock of said company to be opened, at such places and times as they may direct; which books shall be kept open under the direction of such persons, or a majority of them, for such length of time as they may order.

Sec. 4. When one thousand dollars of the capital stock shall have been subscribed, it shall be the duty of the directors named in the first section of this act to organize and proceed to the building and erecting of said bridges; and they shall hold their offices for one year after organizing.

Sec. 5. An election shall be holden once in each year for nine directors, who shall manage the concerns and affairs of said corporation, and whose term of service shall continue for one year, and until their successors are duly elected and qualified. Said board of directors shall elect a president, secretary, treasurer, and such other agents or officers as may be needed in the management of the aforesaid business.

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Each share to the capital stock of said company shall entitle its owner to one vote; which may be given in person or by proxy. The president and directors shall have power to manage and control all the affairs and business of said corporation; and, at the annual meetings, a statement of the accounts and condition of said company shall be made out by the president and directors, and presented to said meeting, and such dividend of the profits be declared as may be deemed advisable.

Sec. 6. The concerns of the said corporation shall be under the control, superintendence, and management, of said president and directors; and the president and three directors shall constitute a quorum to transact business, or, in the absence of the president, any four directors, one of whom shall act as president pro tem., with power to fill any vacancy in the board occasioned by death, resignation, or otherwise. The president and directors, after they shall have been duly elected as aforesaid, may required such instalments to be paid on the stock subscribed as may be deemed right and proper.

Sec. 7. It shall be the duty of the board to appoint a clerk, and to cause a record of their proceedings to be kept. They may allow their officers, agents, and servants, such compensation as to them may seem just and equitable; to make contracts, and do all things necessary to carry the aforesaid object into immediate effect and execution, and to require and take such bonds, notes, or other securities, in their corporate capacity, from any person or persons, as they may appoint or contract with.

Sec. 8. Said company may enter upon and take any land, stone, timber, or other materials, to be used in the construction of said bridges, by paying a fair compensation to the owner of said property; and, in case said company cannot agree with the owner of any such land as they may need for making and erecting said bridges, and establishing gates, toll-houses, and all other works to said bridges, the same may and shall be ascertained by three freeholders of the county of Coles, each party choosing one, and they two choosing a third, who shall be sworn by some justice of the peace of the county to make a just valuation; and when the owner of any such land shall have received the valuation money aforesaid, the title to said land shall vest in said company, and it shall be the duty of the owner thereof to make a deed to said company for said land.

Sec. 9. It shall be the duty of the directors aforesaid to open separate columns, and to permit those who wish to subscribe for stock to have their election in subscribing stock to the bridge at the Embarrass, or at the Kaskaskia river; and the funds shall be kept and remain separate; and that which is subscribed to the Embarrass river shall be exclusively applied to that bridge, and so with the funds subscribed to the Kaskaskia bridge.

Sec. 10. As soon as either of said bridges shall be completed, it shall and may be lawful for the said company to erect

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toll-gates, and to demand and receive, at each of said bridges, when completed, the same rates of toll for passing the same as are now established and received for ferriage at the same places on said streams.

Sec. 11. Said bridges shall be completed within five years from the first day of June next, and shall at all times be and remain free for persons going to and from elections, and also to grand and petit jurors going to and from court.

Sec. 12. If any person or persons shall wilfully or maliciously do, or cause to be done, any act whatever, whereby the said bridges, or any thing appertaining to the same, shall be impaired, injured, or destroyed, the said person or persons so offending shall forfeit and pay to the said corporation treble the amount of damages occasioned thereby, to be recovered by the said corporation, with costs of suit, by action of trespass or any other appropriate action.

Sec. 13. The State of Illinois, or the county of Coles, shall have the right to purchase both or either of said bridges from said company, by paying the principal and ten per cent. interest on the money expended in their construction; and the said county of Coles may subscribe for as many shares of said stock as the county commissioners may deem proper, and be entitled to all the rights and privileges of other stockholders.

Sec. 14. The stock of said company shall be transferable in such manner as the board may direct; shall be personal property, subject at all times to execution for the debts of its owner.

Sec. 15. This act to be and remain in force for thirty years from and after its passage.

Approved, February 27, 1839.