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Sec.[Section] 1. Be it enacted by the People of the State of Illinois represented in the General Assembly. That George W. Lee,Nathan T. Ropeter , Calvin R. Hoodley and their heirs, associates and assigns, be and they are hereby constituted a body
corporate and politic by the name of the Kishwaukee Bridge Company at Kishwaukee in the county of Winnebago and state of Illinois, with power to construct a Toll Bridge over ^8^ the Kishwaukee River near its Junction with Rock river on the south West quarter of section twenty one, Township forty three North, Range one East of the
third principal meridian.
Sec. 2. The said Corporation hereby created shall have succession during the time of their existance as such corporation; shall have power in the name of the corporation of suing and being sued, pleading and being impleaded, answering and being answered
unto, in all courts of competent jurisdiction; may have ^and use^ a common seal, and may alter and change the same at pleasure; and ^in^ their corporate name shall be capable in law to hold and purchase and convey any
estate, real[,] personal[,] or mixed, that may be necessary for the use of said Bridge not exceeding ten acres
of land.
Sec. 3. The capital stock of said company, shall be four thousand dollars, which shall be divided into shares of Twenty dollars
each, which shall be taken and held to be personal property. The capital stock of
said company may be increased to any amount not exceeding ten thousand dollars, whenever a majority
of the stockholders shall deem such increase necessary for the objects herein contemplated.
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Sec 4. The Trustees aforesaid shall open books for the subscription of stock on the
first Monday in February, or as soon thereafter as is convenient at Kishwaukee and other places as they may deem proper, giving at least twenty days public notice
thereof; and like notice shall be given when it is necessary to increase the capital
stock.
Sec. 5 At the time of subscribing, one dollar shall be paid on each share subscribed
for; and as soon as the whole or one hundred shares of the capital stock is subscribed
for, the Trustees shall close the books and shall order meetings of the stockholders
to be held at Kishwaukee, by giving ten days public notice thereof, for the election of seven Trustees of
said corporation; the election shall be conducted by the Trustees named in this act or a majority
of them, and at said election the stock holders shall be entitled to one vote for each share of stock owned (and at every subsequent
election, and vote for such share owned at least ten days before said election) and
the persons having a plurality of votes shall be declared duly elected Trustees, the
present Trustees shall then deliver the books and all papers appertaining to the said
corporation to the Trustees elected.
Sec. 6. A majority of Trustees for the time being shall be a quorum for the transaction
of business, and within ten days after the election, they shall meet and organize
by electing one of their number President of the Board, and appointing a Secretary
and Treasurer and such other officers as they may deem expedient, and require of all
or any one, such bonds as they may deem the safety of the corporation ^to^ require. And the Trustees shall have power to form Bye-laws and regulations for
the government of the corporation not inconsistent with the
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constitution and laws of the United States and of this state.
Sec. 7. Said Corporation shall after the first election as herein provided, cause an election to be held annually
for the election of Trustees, and if at any time the election shall not be held on
the monday annually has herein provided the corporate power shall not be forfeited
if the Trustees shall cause such election to be held within sixty days thereafter.
The Trustees shall have power to require the payment from time to time of such sums
on each share as they may deem necessary, and in their Bye Laws declare what shall
constitute a forfeiture of stock for failure to pay the amounts so required.
Sec. 8. The rates of Toll for crossing said Bridge shall be fixed by the County Commissioners Court of Winnebago County and the said commissioners on behalf of the county, or any individual or association of individuals, shall have the right at any time
to purchase said Bridge for a fair valuation, for the purpose of making the same a
free bridge.
Sec. 9. The said Bridge shall be begun and completed within two years from and after
the first election of Trustees as provided in this act, and shall at all times after
the completion thereof, be kept in good and substantial repair, and admit a safe passage
over it of all persons and their property on payment of the toll as fixed by this
act, in case said Bridge shall be destroyed by high water, fire or other casualty,
it shall not create a forfeiture of the rights confered by this act, but one year shall be allowed said corporation for the re-erection thereof after the happening of such destruction as aforesaid
Sec. 10. Said Bridge shall be deemed a public highway
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within the meaning of the act providing for the punishment of persons injuring, obstructing[,] or destroying public Bridges in any manner or by any means whatever, and the said
Bridge hereby granted shall be in all respects governed by the laws regulating toll
bridges and turnpike roads, except as herein otherwise provided
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H. R. No 1
A Bill for an act to incorporate the Kishwaukee Bridge Company at Kishwaukee
A Bill for an act to incorporate the Kishwaukee Bridge Company at Kishwaukee
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[01]/[27]/[1840]
[01]/[27]/[1840]
2
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[01]/[27]/[1840]
[01]/[27]/[1840]
Jud[Judiciary]
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[01]/[09]/[1840]
[01]/[09]/[1840]
Engrossed
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01/10/[1840]
01/10/[1840]
passed
Jan[January] 10th
Jan[January] 10th
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[01]/[31]/[1840]
[01]/[31]/[1840]
passed as amended
1On December 20, 1839, Germanicus Kent in the House of Representatives presented the petition of twenty-one citizens of Winnebago County, requesting a toll bridge across the Kishwaukee River. The House referred the petition to the Committee on State Roads. In response to
this petition, William B. Archer of the Committee on State Roads introduced HB 73 in the House on December 30. The
House passed the bill on January 10, 1840. On January 27, the Senate referred the bill to the Committee on the Judiciary. The Committee on the Judiciary
reported back the bill on January 31 with amendments, in which the Senate concurred.
The Senate passed the bill as amended. The Senate reported the bill’s passage and
amendment to the House, but the House took no action on the Senate amendments.
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), 65, 103, 118, 140, 149, 309; 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), 101, 185-86, 218.
Handwritten Document, 4 page(s), Folder 72, HB 73, GA Session 11-S, Illinois State Archives (Springfield, IL) ,