In force, Mar.[March] 2, 1839.
AN ACT to incorporate the Jo Daviess Mining and Smelting 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 Daniel Wann and such other persons as he may associate with him be, and they are hereby, declared to be a body corporate and politic, for the term of twenty years, by name and style of “The Jo Daviess Mining and Smelting Company,” and, by this title, shall be capable of suing and being sued, of pleading and be impleaded, of defending
and being defended, in all courts and places whatsoever; and may have a common seal,
and may change the same at pleasure.
Capital stock.
Proviso.
Proviso.
Sec. 2. The capital stock of said company shall be divided into not more than four thousand shares, of fifty dollars each;
and the “Diggings” of the said Daniel Wann, at Vinegar hill, shall form a part of the capital stock; and the said company shall be authorized to purchase, hold, and convey any lands in the county of Jo Daviess, for the purpose of conducting their mining and smelting operations: Provided they shall not hold or possess during the continuance of this charter more than four
thousand acres of land; and said operations of mining and smelting shall be confined
to the limits of the present county of Jo Daviess; and all deeds executed by the president in the name of said company, or to said company by their corporate name, shall be sufficient in law to convey the title to the lands
therein named. The business of said company shall be managed by five directors, who shall be annually elected on the first Monday
in May, and shall hold their offices one year, and until others are elected: Provided, always, That no persons shall be elected as directors of said
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company, or hold such office of director, except he be a stockholder in said company.
Officers.
Sec. 3. The president and directors of said company shall have power to appoint a treasurer, to hold his office during their pleasure, and such subordinate officers as they may
deem expedient; and the duties and compensation of all such officers shall be determined
by the president and directors.
Powers to mine & smelt.
Proviso.
Sec. 4. The president and directors shall have power to transact all business of the
company, to wit: that of mining and smelting, and every thing connected therewith, by themselves or
their agents; and shall, with a majority of the stockholders, have power to make such
by-laws, rules, and regulations for the government of said company as they may deem proper: Provided such by-laws, rules, and regulations are not inconsistent with the constitution and
laws of the United States or the laws of this State.
Stock transferable.
Sec. 5. The shares of said company shall be personal property, and shall be transferable in such manner as shall be prescribed by the by-laws of
said company, and shall be liable to taxation to the same extent, and no greater, as other property
is, and to be taken in execution in the same manner as any other personal property
is or may hereafter be liable by law to be taken; and it shall be competent for the
Legislature to prescribe the manner in which execution shall be levied thereon.
No banking privileges.
Sec. 6. This act shall be deemed a public act, and shall not be so construed as to confer any banking privileges, and shall take
effect from and after its passage.
Body politic.
Name & style.
Powers.
Sec. 7. That George W. Harrison and such other persons as shall become stockholders pursuant to this section shall
be, and they are hereby, appointed a body politic and corporate, by the name and style of “The Buncombe Mining and Smelting Company,” and, by that name, shall have perpetual succession for twenty years, with the right to sue and be sued, plead and be impleaded; to make and use a common
seal, and the same to alter or change at pleasure; to contract and be contracted with,
in all matters and things relating to their corporate powers or duties, as fully and
effectually as a natural person; to purchase, hold, and convey real and personal estate.
Capital stock.
Sec. 8. This company orcorporation shall have the same amount of capital, perform all the duties, and be governed by all the restrictions and limitations contained
in the second, third, fourth, fifth, and sixth sections of this act, so far as they
can be made applicable to “The Buncombe Mining and Smelting Company,” in the county of Jo Daviess.
2Approved, March 2, 1839.
1On February 18, 1839, George W. Harrison introduced SB 228 in the Senate. On February 25, following the insertion of an amendment by the Committee on the
Judiciary, the Senate passed the bill, and referred it to the House. On March 2, following the addition of two sections, the House passed the bill,
and returned it to the Senate. That same day, the Senate approved the House amendments.
Also the same day, 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), 505, 589; Journal of the Senate, at the First Session of the Tenth General Assembly, of the
State of Illinois (Vandalia, IL: William Waters, 1836), 344, 405, 471, 503, 504, 510, 511.
Printed Document, 2 page(s), Incorporation Laws of the State of Illinois, Passed by the Eleventh General Assembly (Vandalia, IL: William Walters, 1839), 187-88,GA Session: 11-1,