In force, Mar.[March] 2, 1839.
AN ACT to incorporate the Rock Island Mutual Fire Insnrance Company.
1Body politic.
Name & style.
Name & style.
Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Joseph Knox, P. Gregg, John S. Miller, Louis Wells, Lemuel Andrews, David Hawes, Nathaniel Belcher, Miles W. Conway, Henry Powers, and T. J. Spencer, and their associates, being owners of buildings, shall be a corporation, under the name of “The Rock Island Mutual Fire Insurance Company,” and enjoy all the privileges and powers incident to such corporation for twenty-one
years from and after the passing of this act.
Officers.
Proviso.
Sec. 2. That for the well ordering and governing the affairs of the said corporation, they shall have power to choose a president, treasurer, and directors, to manage
the concerns of the said corporation, and such other officers as they may deem necessary: Provided, however, That no policy of insurance shall be made by said corporation unti[l] the sum subscribed by the associates to be insured shall amount to the sum of twenty
thousand dollars; and at all meetings of said corporation every matter shall be decided by a majority of votes, each member having as many
votes as he has policies, with the right of voting by proxy.
Object of corporation.
Proviso.
Sec. 3. That the said corporation, as soon as the said twenty thousand dollars shall be subscribed, to be insured,
and they are hereby authorized to insure, for the term of from one to seven years,
any mansion house or other building within the county of Rock Island; and also to insure household furniture in any mansion house or other building within
said county, against damage arising to the same by fire originating in any cause, except that
of design in the insured, and to any amount not exceeding three-fourths of the value
of any building or the value of any household furniture; and in case any member shall
sustain damage by fire over and above the then existing funds of the said corporation, the directors may assess such further sum or sums upon each member as may be in
proportion to the sum by him insured, and the rate of hazard originally agreed upon:
Provided, That no member, during the terms of seven years, shall be held to pay, by way of
assessment, more than two dollars for each dollar by him advanced as a premium and
deposite.
Capital stock may be vested.
Proceeds, how applied.
Sec. 4. That the money advanced by each person insured shall, within sixty days after
such advancement, be vested in the stock of some incorporated bank, United States or State stocks,
or notes and bonds secured by mortgages, at the discretion of the president and directors;
and the proceeds of the same shall be appropriated and applied to pay the damage
or loss that any member may sustain by fire, and to defray the expenses of the corporation; and each of the insured shall, at the expiration of his policy or policies, have
a right
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to demand aud receive from the corporation his share of the remaining funds, in proportion to the sum or sums by him actually
paid.
How insurance may be recovered.
Director may recover of corporation.
Sec. 5. That when any member of said corporation so insured shall sustain any loss for which the same corporation shall be held to indemnify him, and he shall recover judgment therefor against it, he shall have a right to levy
his execution issued on such judgment on any of the funds of the said corporation; and when he shall not f[I]nd sufficient funds of the said corporation to satisfy the same and all costs thereon, and the said directors shall neglect or
refuse, for the period of thirty days from the rendering of such judgment, to make
an assessment agreeably to the principles herein expressed, and deliver the same
to the treasurer of said corporation, and direct him to collect the same in such manner as the said corporation may point out, to satisfy such execution as far as the said funds and assessments
may extend, then and in that case it shall be lawful for such judgment creditor to
levy or extend his said execution on the private property of any of the said directors,
to the amount of the damage and cost he shall be entitled to recover and receive on
such execution. And any director whose estate, real or personal, shall be so taken may recover compensation therefor by an action on the case against
the said corporation.
Notice of loss.
Duty of directors.
Sec. 6. That whenever any person shall sustain any loss of property by fire so insured,
he shall, within sixty days next after, give notice of the same to such of the directors as shall be agreed upon by the said
corporation for that purpose, whose duty it shall be immediately to view where the fire happened, and to inquire
into the circumstances attending the same, and determine, in writing, under their
hands, the amount (if any) of the said corporation’s liability for such loss; and if the sufferer shall not acquiesce in their determination,
he or she, within thirty days after such determination be made known by said directors,
may bring an action at law against said corporation for such loss, before any court of competent jurisdiction within the said county
of Rock Island; and in case the sufferer shall not, by the verdict of jury, recover more than the
damage determined on by the directors as aforesaid, the plaintiff in such action shall
have judgment upon the verdict, but the corporation shall recover their costs, and execution shall issue for the balance in favor of
the party entitled to recover it.
Assessment.
By-laws.
Sec. 7. That so soon as the amount of the corporation’s liability shall be ascertained in either of the ways mentioned in this act, (and
the funds on hand not being sufficient,) the said directors shall make an assessment upon the members of the said corporation agreeably to the principles of this act, and deliver the same to the treasurer of
the said corporation to collect; and the said corporation shall have power to make
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such by-laws, rules, and regulations for the due management of the concerns thereof as may be
thought proper, not repugnant to the constitution and laws of this State.
First meeting.
Sec. 8. That any two of the persons herein named are hereby authorized to call a meeting
of the members of said corporation, at such time and place as they may think fit, by advertising the same in any newspaper
printed in said county of Rock Island, or by advertising the same by posting up notices in three public places in said
county, fourteen days at least previous to said meeting.
Lien upon property insured.
Proviso.
Further proviso.
Sec. 9. That whenever the said corporation shall make insurance upon any mansion house or other building, the said mansion house
or other building insured, together with the land under the same, shall be held by the said corporation as security for the sum of the deposite money required to be paid or secured upon such insurance, together with such assessment
or assessments as the member of the said corporation thus insured shall be liable to pay pursuant to the provisions of this act; and the
policy of insurance to any member upon his said mansion house or other building shall
of itself, from the time it issues, create a lien upon such mansion house or other
building, and the land under the same, to the amount of the sum of such deposite money, and any assessment or assessments which may be made upon the insured as a
member of said corporation, and the costs which may accrue in collecting the same, without any other act or
ceremony in law whatsoever; and said lien shall continue and be in force upon such
mansion house or other building insured, with the land under the same, for the security
to the said corporation of the payment of said deposite money and the assessment or assessments upon the member so insured, with costs, until
the said deposite money, with the sum or sums of said assessments, shall be paid or otherwise satisfied
to, or release by, said corporation, notwithstanding any transfer or alienation thereof: Provided, That nothing herein contained shall restrict the said corporation from receiving any other security, in lieu of said lien for said deposite and assessments, upon which their authorized agents and the insured may agree: And provided, also, That in all cases where the said corporation rely upon the security of the lien created by the policy, it shall be expressed in
said policy that the insurance is made upon the said mansion house or other building
insured, subject to the lien created by law.
In case members fail to pay insurance money, how proceeded against.
Redemption of premises.
Sec. 10. That if any member of said corporation who shall obtain insurance of his mansion house or other building, subject to the
lien aforesaid, or, in case of his decease, his legal representatives, shall neglect,
for the period of thirty days next after demand made by the authorized agent or agents
of said corporation, (which demand may be made in such manner as said corporation shall in their by-laws direct,)
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to pay the sum of the deposite money upon the insurance of his mansion house or other building, or any assessment or assessments made upon him as a member of said corporation pursuant to the provisions of this act, he shall be liable to the suit of the corporation therefor, in an action on the case, in any court of competent jurisdiction; and the
said corporation having obtained judgment and execution for the amount of such deposite money, assessment or assessments, may, at their election, cause the said execution
to be levied upon the said mansion house or other building insured, with the land
under the same; and the officer having said execution shall proceed to satisfy the
same by the sale and conveyance of said mansion house or other building, with the
land under the same, in the same manner and after the like previous advertisement
and notice, as is provided by law when the right of redeeming real estate is sold
which has been conveyed in mortgage, saving to the owner or owners of said mansion
house or other building, with the land under the same, the right of redemption, at any time within one year from the time of sale, by paying
the purchaser, or any under him, the sum for which it was sold and interest, at the
rate of twelve per cent., deducting therefrom the rents and profits over and above the necessary repairs.
This act shall be in force from and after its passage.
Approved, March 2, 1839.
1On February 25, 1839, George W. Harrison introduced SB 288 in the Senate, where it was summarily read three times, passed, and referred to the House. On March 2, the House passed the bill without further amendment. On 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 Eleventh General
Assembly, of the State of Illinois (Vandalia, IL: William Waters, 1838), 505, 586-87, 587-88, 598; Journal of the Senate, at the First Session of the Eleventh General Assembly, of the
State of Illinois (Vandalia, IL: William Waters, 1838), 406, 494, 501, 511.
Printed Document, 4 page(s), Incorporation Laws of the State of Illinois, Passed by the Eleventh General Assembly (Vandalia, IL: William Walters, 1839), 149-52, GA Session: 11-1