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Sec.[Section] 1. Be it enacted by the people of the State of Illinois represented in the General Assembly That William C. Carr, Richard B. Servant[,] Joseph B. Pentecost, Edmond Menard, Vital Jarrott, John Stuart, E G Potter[,] W. C. Kinney and Samuel B Chandler and such other persons as may associate with them, by subscribing stock as hereinafter
authorized, be, and they are hereby constituted a body politic and corporate for the
term of fifty years by the name and style of the Illinois and st Louis Bridge Company and by that name and style they and their successors shall and may hereafter have
succession, and shall in law be capable of suing and being sued, pleading and being
impleaded, answering and being answered unto in all courts and places whatsoever,
and they and their successors may have a common seal and may alter and ch[an]ge the same at pleasure, and also they a[nd] their successors, by that name and style shall be in law capable of purchasing[,] holding[,] and conveying any estate real and personal for the use of the said corporation, but the said real estate so to be holden, shall be such only as shall be necessary
for the transaction of the business of the said corporation, and shall not amount to more than one hundred and sixty acres.
Sec 2 The said Corporation are hereby authorized
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and empowered to erect a bridge over the Mississippi River at or near Illinois town in the County of st Clair. The manner and form of construction of said Bridge shall be decided upon by said
Corporation, Provided that said bridge shall be constructed and built of sufficient height to
leave the Steam Boat channel in said River free from all obstructions, that might retard the navigation of said Mississippi River either in high or low water, and so as not to be in the way of any improvements of
the navigation in said River that may hereafter take place; and provided further that said corporation shall not be permitted to carry on any commercial or manufacturing business but shall
confine their operations strictly to the erection and management of the Bridge aforesaid.
Sec 3 The capital stock of said company shall be five hundred thousand dollars, with the privilege of Increasing the same
to eight hundred thousand dollars by new subscriptions, in such manner and form as
they shall think proper, if such increase shall be found necessary to fulfil the interest
of this act, which said capital stock shall be divided into shares of five hundred
dollars each, which shall be deemed personal property and be transferable in such
manner as
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said corporation shall in their by laws order and direct.
Sec 4. The said William C. Carr, Richard B. Servant, Joseph B. Pentecost , Edward Menard, Vital Jarrott, John Stuart, E. G. Potter, W. C Kinney[,] and Samuel B. Chandler, are hereby appointed Commissioners, the duty of whom it shall be to open Books for
the subscription of stock to said Company, at Illinois town and such other places as the same Commissioners may deem necessary and shall advertise
the time and place of opening said Books in some paper published in st Clair County and such other newspapers in this state or elsewhere as they may think proper giving at least thirty days notice of the time
and place of opening said Books, if the whole of the capital stock herein named shall
not be subscribed for at the time and place appointed for such subscription said Commissioners
or a majority of them shall take such measures for completing such subscriptions as
they may deem expedient and proper and any subscriber shall at the time of subscribing
pay to said Commissioners the sum of five dollars on each share by him or her subscribed.
Sec. 5 As soon as the capital stock shall be subscribed the commissioners shall give
notice thereof in like manner, and appoint the time and place designating the same
in said notice
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for such stockholders to meet for the purpose of choosing a board of directors, which
shall consist of five in number. Every stockholder shall be entitled at such and
other elections to one vote for each share to the number of ten and one vote for every
five additional shares, which vote or votes may be given in person or by proxy, at
the election, to be held as aforesaid the said commissioners or such of them as may
attend, shall be inspectors, and their certificates of the names of the persons elected
shall be conclusive evidence of such election. And said Commissioners shall deliver
over the subscription Books to the said directors with the money received thereon,
the said directors so chosen or who may hereafter be chosen shall immediately after
their election proceed to choose one of their body to be president, who shall preside
at all regular meetings of the board. A majority shall constitute a quorum, and in
case of the absence of the president, the board may appoint a President pro
tempore to preside. the said board shall have the power to proscribe the time and place
of holding all future elections for directors which shall be once a Year; and the
said board of directors shall be vested with power to transact all the power business of the Incorporation in their corporate capacity, whose acts shall be binding ^on the same.^ The said board shall have power to fill all vacancies which may occur in their body,
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which appointment shall remain until the next annual meeting.
Sec. 6. The board of directors when elected and organized shall have power to make and
prescribe such by laws, rules[,] and regulations as to them shall appear needful and proper touching the management
and disposition of the stock, property[,] and assets of said Incorporation, the transfer of shares, and touching the duties and conduct of their officers and
servants, and all other matters whatsoever which may appertain to the concerns of
the said Corporation, shall appoint a Secretary, Treasurer and such Clerks as may be necessary for the
transaction of business, Provided that said by laws be not repugnant to the constitution and laws of this State and of the United States.
Sec 7. The said Corporation shall be authorized to procure a sufficient quantity of land on each end of said
Bridge, on which to build toll houses and gates and to afford room for the necessary
transaction of ^the^ business of the concern, and in case of a disagreement betwixt the Corporation and the owners of the land on the east side of said River as to the value and price of said land the same shall be ascertained by three disinterested
freeholders of the County in which the lands lie, who shall be appointed for that purpose
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by the county commissioners court of the same county, on the application of either party, and shall be sworn to make a Just valuation
thereof, and when the said Corporation shall have tendered to the owner or owners, or their agent or agents, the full amt[amount] of the valuation of said lands as assessed by the said freeholders then the said
Corporation shall be deemed to be seized and possessed of the fee simple of all such lands or
real estate, and it shall be the duty of said freeholders or a majority of them to
deliver to the said Corporation a written statement of the award or awards they shall make, with the description
of the said lands to be recorded in the recorders office in the county in which the
lands lie. Provided said location shall not interfere with the location ^of^ either of the ferry landings now authorized by law.
Sec 8 As soon as ^the^ said bridge shall be completed it shall and may be lawful for the said corporation to erect a gate at the end of said bridge, and to demand and receive the same rates
of toll for passing the same, as may be then allowed to the Ferries crossing the Mississippi within the limits of st Clair county, the said Corporation shall obtain from the County Commissioners Court of st Clair County
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a list of the rates of toll as established by them for the various ferries on the
Mississippi River within the limits of said county for which the same tax may be charged as is charged by the Ferries aforesaid in such
cases, and shall set up in a conspicuous place free for the inspection of travelors or other persons interested the rates of toll as aforesaid.
Sec 9 If any person or persons shall wilfully or maliciously do or cause to be done
any act whatsoever whereby the said bridge or anything appertaining to the same shall
be impaired ^injured^ or destroyed the said person or persons ^so^ offending sh[all] forfeit and pay to the said Corpora[ti]on treble the amount of damages occasioned thereby to be recovered by the said corporation with costs of suit in any action of trespass in any court having competent Jurisdiction thereof.
Sec 10. If any toll gatherer shall unreasonably delay or hinder any travelor from passing said bridge, or shall demand or receive more toll than is by this act
established he shall for every such offence forfeit and pay a sum not exceeding ten dollars with cost to be recovered before
any Justice of the peace of the county where such
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offence shall be committed for the use of the person or persons so unlawfully delayed, hindered[,] or defrauded.
Sec 11 It shall not be lawful for any person or persons to ride or drive over said bridge
faster than in a walk, neither shall any person drive or move stock or teams at one
time than shall be ordered or permitted by the toll gatherer or attendant on such
bridge on penalty of Forfeiture for every such offence the sum of five dollars to be recovered before any Justice of the p^e^ace as aforesaid.
Sec 12 All officers or directors cho[sen] at the annual election aforesaid shall hold their office until the next annual election,
or until others are elected in their stead, and the President and directors, or a
majority of them shall have power to call a meeting of the board whenever they may
deem it necessary, by publishing a notice of the time and place for holding the same
days previous to the time of said meeting.
Sec 13 If the said bridge shall not be commenced in five years and finished in ten years
after the pasage of this act the said corporation shall be disolved and this act of no effect.
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[ docketing
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No
[?]
[ docketing
]
[01]/[28]/[1840]
[01]/[28]/[1840]
Engrossed
[ docketing
]
32
[ docketing
]
01/30/1840
01/30/1840
Passed
1Edwin B. Webb introduced HB 134 in the House of Representatives on January 15, 1840. The House referred the bill to a select committee. The select
committee reported back the bill on January 25 with an amendment, in which the House
concurred. The House passed the bill as amended on January 30. The House reported
the bill’s passage to the Senate, but the latter took no action.
Journal of the House of Representatives, of the Eleventh General Assembly of the State
of Illinois, at Their Called Session, Begun and Held at Springfield, December 9, 1839 (Springfield, IL: William Walters, 1839), 177, 250-51, 269, 294; Journal of the Senate of the Eleventh General Assembly of the State of Illinois, at
Their Called Session, Begun and Held at Springfield, December 9, 1839 (Springfield, IL: William Walters, 1839), 220.
Handwritten Document, 10 page(s), Folder 128, HB 134, GA Session 11-S, Illinois State Archives (Springfield, IL) ,