Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the provisions and benefits of an act, entitled “An act to incorporate the Wabash Navigation Company,” approved January 13, 1825; also of the supplement thereto, approved February 15, 1833; and also of the act amendatory thereof, approved February 12, 1835, be, and the same are hereby continued to those who may become stockholders in said company; and the directors appointed by the second section of the supplement aforesaid shall hold their offices for one year after the said company shall have organized, and until their successors are duly elected and qualified. This act shall be null and void unless the sum of ten thousand dollars of capital stock shall have been subscribed, and the company organized by electing their president and treasurer, within the year eighteen hundred and thirty-nine; which said capital stock and shares shall be the same as provided in the second section of the act approved January 13, 1825: Provided, That said supplementary and amendatory acts herein recited shall be held to be in force as limiting the powers and operations of said company; and the extension of time herein granted is allowed upon the condition that said supplementary and amendatory acts shall be in full force, and compose part of the act of incorporation as amended by this act.

Sec. 2. It shall be the duty of the directors to advertise, six weeks previous to the next regular term of the circuit court for Wabash county, in the nearest newspaper, that they will open books on the first day of the circuit court aforesaid, in the town of Mount Carmel, for the subscription of the stock of said company; which books shall be continued open, from day to day, until the whole stock is subscribed; and so soon as ten thousand dollars, in shares of one hundred dollars each as heretofore provided, is subscribed, the directors shall proceed to elect one of their number president, and another treasurer. The treasurer shall give such bond or bonds, to the president and his successors, as the board may direct and require; and a majority of the whole board may remove him at any time when they may think proper: Provided, That five shall be a quorum to transact all other business.

Sec. 3. The said company may borrow money to the amount of their capital stock, but shall in no case exceed it. All of the estate, real and personal, of said corporation shall be bound for its debts, and be liable to be sold under execution; and all contracts made by or with said corporation may be sued on and enforced before any justice of the peace, or other proper court or tribunal, the same as contracts between private individuals, whether said corporation be plaintiff or defendant, and shall be subject to the same rights of appeal:

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Provided, That the summons may be served either on the president or treasurer.

Sec. 4. The said corporation, in addition to the powers heretofore conferred, shall have the further power and authority to lease, from the States of Illinois and Indiana, such amount of water-power as they may need, and on such terms as may be agreed on by the said States and said company, and to tap the pool of the dam at the Grand rapids, at Palmyra creek, or any convenient point, and to continue their canal, forebay, aqueduct, or race-dam the river, to any point above the mouth of Great-house creek, and use the said waterpower at any place or places, within this distance, as they may procure by purchase, donation, or otherwise; and may also use so much of the water of Palmyra creek, below Danforth’s mill, as they may desire to use: Provided, That the provisions of this act, and all others on this subject, shall be construed to apply to all of that tract of country situate between the Little Rock rapid and the mouth of Great-house creek, and none other: Provided, That nothing herein contained shall be so construed as to give the corporation the right to a lease of water without regard to quantity or terms; but the quantity of water, and the terms of the lease, shall be the subject of contract between the parties, as though the power to lease had not been conferred.

Sec. 5. The president and directors shall open a column in their book for the citizens of Mount Carmel, and all others choosing to do so, to subscribe any sum of money as stock that they may wish, for draining and otherwise improving the Wabash bottom, at any place or places between the Little Rock rapid and the mouth of Great-house creek, and for grading the river bank so as to improve the steamboat landing, at any point or points above the railroad depot at Mount Carmel; and to do and perform such other things or acts as may be conducive to the improvement of the health of the country aforesaid. It shall be the duty of the company aforesaid to subscribe, out of the profits accruing to them by virtue of their incorporation, a sum equal to the whole amount paid in by individuals, if the said sum shall not exceed five thousand dollars; which sum shall be in lieu of any taxes charged, or to be charged, on said corporation; and the money so paid by individuals, and so subscribed by the corporation, shall be faithfully and speedily applied for the objects and purposes defined as aforesaid, and none other; for which purpose the said corporation is authorized to enter upon the commons of Mount Carmel, and take and use any dirt, clay, or other material, which may be useful in the work aforesaid.

Sec. 6. Said company shall have power to purchase and hold such land, not exceeding in all six hundred and forty acres, as may be necessary for the improvement of the health of the people, by draining the Wabash bottom or otherwise, or for the running, using, or propelling, any manufacturing mills,

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or any and every description of machinery whatever, that said company may desire to construct or use; and said company are hereby authorized to lease and employ, so much water as they may need in, for, and about, any such machinery as they may have constructed. All lands owned by said corporation shall be deeded to the president and directors of said corporation; and all deeds from the corporation shall be executed by the president and a majority of the directors.

Sec. 7. Said company, in making any of the improvements by canal or otherwise as aforesaid, are hereby authorized and empowered, by and with the consent of the proper persons, to enter upon, appropriate, and use, for the aforesaid purposes, so much of the said land within the limits of Mount Carmel as was set apart and reserved by the original proprietors thereof for canal purposes; and also to use and appropriate so much of said canal reserve as may be needed for sites for mill-houses, or any other houses or buildings which may be wanted in order to obtain the full benefit of any water privilege growing out of such improvement or improvements, or obtained by leases from the State.

Sec. 8. The said corporation shall have the power to contract and be contracted with; and, in reference to its business, the management and use of its funds, shall have and enjoy the same rights and powers as a natural person; and the first section of the supplemental act herein recited is hereby repealed.

Sec. 9. Should any excavation, authorized to be made by the corporation aforesaid, injuriously affect any State or county road, or any street through town, it shall be the duty of said company, by good and lasting bridges, or otherwise, to make a safe, easy, and free communication across or along said road or street.

Sec. 10. This charter may be repealed at any time after fifty years, and not before, if the Legislature shall think that it is not beneficial to the interests of community at large; but a reasonable time shall be given, previous to any repeal as aforesaid, for the company to collect their debts, and dispose of their property: Provided, however, That the State shall not be liable for any damages occasioned by revoking the charter as aforesaid.

Sec. 11. This shall be deemed and taken to be a public act, of which the courts shall, ex officio, take notice for all purposes whatever. The president, treasurer, and directors, shall hold their offices for one year, and until their successors are duly elected and qualified.

Sec. 12. Nothing in this act, or in the acts to which this is supplemental, shall be so construed as to authorize and empower the said company, their successor or assigns, to interfere with, or in anywise to hinder or obstruct, the improvements to be located and constructed by the States of Indiana or Illinois on the Great Wabash river; or to take, use, or

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diminish the water-power and hydraulic privileges thereby created; or lessen the advantages arising, or to arise, to the said States from the construction of said improvements, otherwise than by leasing said water-power or hydraulic privileges of the said State, or any part thereof, of the said States, as provided for in this act.

Sec. 13. It shall not be lawful for any corporation, company, or individual, to obstruct, injure, or in anywise to interfere with, the improvements to be located and constructed by the States of Illinois and Indiana on the said Wabash river; or in any manner to use, or diminish, the water-power and hydraulic privileges thereby created, or made available, without having first obtained a legal grant, lease, or permit, for so doing, from the proper authorities of the said States; and it is hereby made the express duty of the Board of Commissioners of Public Works of the State of Illinois, in the location and construction of the improvements at the Grand rapids of the said river, to provide and keep in repair, for the use of at least an equal proportion of said water-power and hydraulic privileges, within the limits of Illinois; and shall construct and keep in repair suitable side-cuts, canals, culverts, and locks, or other devices, within the State of Illinois, for that purpose; and may authorize and permit any such corporations, companies, or individuals, to construct, provide, and keep in repair, under the direction of the said Board of Public Works, any side-cuts, canals, culverts, lock, or other device, necessary for the safe, convenient, and economical use of so much of said water-power as may be leased by them from the said States.

Sec. 14. The Board of Commissioners of Public Works of Illinois, in conjunction with the Board of Internal Improvements, or other competent authorities of Indiana, are hereby authorized to lease out, from time to time, such portions of the said water-power and hydraulic privileges, and on such terms as will best promote the interests of the said States, and as may be mutually agreed upon, to such individuals, companies, or corporations, as may wish to lease the same for actual use and occupation.

Approved, February 27, 1839.