An act to improve the navigation of the rapids in1 Rock River and Rockford in the County of Winnebago and to incorporate the Rockford Hydraulic Company.
2Be it Enacted by the People of the State of Illinois represented in the General Assembly, and it is hereby Enactd as follows
Sec[Section] 1 All such persons as shall become subscribers to the stock hereinafter mentioned
shall be and they are hereby Established and declared a body Corporate and politic
by the name and style of the “Rockford Hydraulic Company” and by that name they and their successors shall and may have perpetual succession
Sec 2
The said Corporation shall be capable of suing and being sued pleading and being impleaded answering and
being answered unto in all Courts and places Whatsoever
Sec. 3.
They may have a common seal and may alter and Change the same at pleasure
Sec 4.
The said Corporation shall be capable of purchasing and holding any Estate real and personal for the
use of the said Corporation and of conveying such Estate at pleasure, But the real estate so to be holden shall
be such only as shall be necessary to attain or promote the objects of the said Corporation
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Sec. 5.
The Capital stock of the said company shall be Twenty five Thousand Dollars divided into Two hundred & fifty ^shares^ of One hundred Dollars each but they shall have power to increase their said capital
stock to any sum not exceeding Five hundred Thousand Dollars
Sec. 6
Daniel S Haight[,] Germanicus Kent [,]William. E Dunbar [,]Charles: I Horsman[,] George Haskell & Josiah. C Goodhue of the Town of Rockford are hereby appointed Commissioners to receive subscriptions for the said stock
Sec 7
Books shall be opened for said subscription at such time and place as the said commissioners
or a majority of them shall appoint by a notice thereof inserted in the newspapers
published in the town of Rockford aforesaid at least Thirty days previously
Sec. 8
If the requisite number of shares shall not be subscribed for at such time and place
the said Commissioners or a majority of them shall take such measures for the completing
the subscriptions as they may deem Expedient and proper
Sec 9.
Every subscriber at the time of subscribing shall pay to the said Commissioners the
sum of one Dollar for each share for him subscribed for
Sec 10.
Every Stockholder shall be entitled at all meetings to one vote for each share he
may own at the time and such Votes may be given by proxy. And all Elections by the
Stockholders shall be by Ballot
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Sec 11
As soon as one hundred and fifty shares shall be subscribed for the Commissioners
aforesaid shall give notice thereof. And of a meeting of the subscribers to Elect
a President, Treasurer, Clerk and seven Directors of said company
Sec 12
Such notice shall specify the time and place of such meeting and shall be published
in the newspapers aforesaid at least thirty days previously
Sec 13
The said Commissioners or such of them as may be present shall be inspectors of the
said Election and their certificate of Such Election and of the names of the persons
elected to the respective offices shall be conclusive evidence thereof, And the directors
so Elected shall within Ten days thereafter proceed to choose One of their number
as President
Sec 14
The said Corporation are hereby authorised and Empowered to erect a dam across Rock River at or near the town of Rockford, aforesaid which shall raise the water in the said Rock River not more than seven feet
Sec 15
The said Company shall construct and maintain such lock or locks as may be necessary for rendering
the navigation past said dam good and convenient for Steam Boats drawing Three feet
of water the said lock or locks to be at least feet long and feet Wide in the Clear
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Sec 16
The said Company shall be entitled to demand and receive dollars from the owner or owners navigator or navigators Conductor or conductors
of every Steam Boat Raft vessel boat or other Craft or float, as shall pass said lock
or locks for each time of passing.
Sec 17.
They may distrain and detain such craft until such toll be paid or may sue for and
recover the same as a debt before any majistrate or court having Jurisdiction of debt to the amount thereof
Sec 18
The said corporation shall be the sole owners of the water power to be produced by the dam aforesaid
and may let, contract or lease the same or any part thereof to others or may themselves
use such water power or any part thereof for any species of Manufactories they may think proper to Establish And they may Erect such offices, buildings, mills
Works and Machinery as may be necessary to carry on their business
Sec 19.
The President and directors or a majority of them shall [have] power to call in the Capital stock of said Company from time to time in such instalments as they may deem best for the interest of the
Company, But no one instalment shall exceed Ten Dollars on each share nor shall the whole
amount of instalments, called in within the space of three months be more than fifteen
Dollars on each share
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Sec. 20th
Notice of such calls shall be given in some newspaper published at Rockford aforesaid at least Thirty days before the time of payment specifying the day of payment
and in case the same shall not then be paid, the sum due ^on any share or shares^ shall be recoverable as a debt in any court having jurisdiction to the amount thereof
Or the share or so many of the shares of the delinquent stockholders as shall be necessary to bring the sum due from him may be sold at auction by order
of the directors.
Sec 21
Such sale shall be held at some public place in the town of Rockford aforesaid between the hours of Ten in the forenoon and sun down and notice Thereof
specifying the sums due the number of shares respectively3 on which the same are Charged together with the names of the respective delinquent
Owners of such shares shall be given in a newsper Published at said Rockford for four Weeks, commencing at least thirty days previous to the day of sale
Sec 22
Interest at the rate of seven prcent per annum shall be charged on the amount of all calls from the time at which they
become due until paid
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Sec 23
The shares in said corporation shall be deemed personal property and shall be transferable
as such, But no transfer ^thereof^ shall be valid until such transfer shall have been registered in a book to be kept
by the directors for that purpose
Sec 254
The time for the anniversary of the Election of directors treasurer and Clerk shall
be the first Monday of the month in which the first Election of said officers shall
happen as hereinafter mentioned. And notice thereof shall be given in a newspaper
at Rockford thirty days previously but any defect of notice shall not vitiate any Election
Sec 265
In case such Election shall happen not to be made at the appointed time the corporation shall not be dissolved but the Election may be held at any subsequent day which,
a majority of the directors for the time being or the stockholders having a majority
of the stock may appoint and of which a notice shall have been given for Twenty days
in a newspaper at Rockford Nor shall an omission to Elect any officer work, a dissolution of the said Corporation
Sec 27
A majority of the directors for the time being if not less than three shall be a quorum
for doeing business unless when this act or the bye laws of the corporation shall require otherwise but as many as three directors shall always concur in every
act
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Sec 28
The directors shall within ten days after their Election proceed to the choice of
one of their number for President
Sec 29
Any vacancy in the offices of Treasurer or Clerk may be filled by the temporary appointment
by the directors to continue until the next meeting of the Stockholders and until
a successor is Elected and qualified
Sec 30
The treasurer and other officers of the corporation ^shall^ before entering on their offices give such bonds with security as the directors may
deem necessary for the faithful performance of their official duties with such conditions
as the directors shall prescribe
Sec 31.
All officers Elected at the annual Election shall hold their offices until the next
annual Election and until others are Elected in their Stead and qualified
Sec 32
The directors may call a meeting of the stockholders to fill vacancies in offices
or other purposes by a publishing a notice of the time and place of such meeting in a newspaper at Rockford Thirty days previously
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Sec 33.
The directors shall have power to make such bye laws rules and regulations as may be deemed Expedient and proper for the well ordering
affairs of the said corporation—not however repugnant to the laws of this state or of the United States
Sec 34
The property and business of the said corporation shall be managed and conducted by the directors and they shall have power to Employ
and to contract with such Engineers agents laborers servants and other persons as
shall be necessary
Sec 35
The said company shall at all times keep proper accounts and books in which shall be registered all
the transactions of the corporation and the same shall at all times be subject to the inspection of the stockholders
Sec 36
The directors whenever required by the Stock holders shall Exhibit at a general meeting
a full and perfect statement of the debts and Credits of the Company and all such other matters as may be deemed Essential relating to their affairs.
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Sec 37
It is hereby provided and expressly declared that the State of Illinois may at any time after the construction of the aforesaid dam and lock or locks, assume
the same as the property of the State, The State however thereby assuming to keep the same ^constantly^ in good repair, But all the Hydraulic power resulting from the said dam shall be
and remain, the property of the said corporation, forever
Sec 38
This act is hereby declared to be a public act and shall be construed benignly and
favourably for every purpose therein intended.
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[ docketing
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An act to improve the navigation of Rock River at Rockford in the county of Winnebago & to incorporate the ^Rockford^ Hydraulic Co.
[ docketing
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[02]/[04]/[1841]
[02]/[04]/[1841]
Int. Imp.
[ docketing
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[02]/[23]/[1841]
[02]/[23]/[1841]
laid on table
[ docketing
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7
[ endorsement
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Church, Selden M.
T. Drummond EsqEnclosed, [we?] send you a Petition & Bill accompaning for the improvement of the rapids at this place, [...?] by furthering the views of the Petitioners, & obtaining the passage of the accompaning bill you will meet the wishes of all parties, the [universal?] wish of the inhabitants, if the bill should be altered materially, it is desirable
that you obtain one as favourable as possible so that the stock will readily be taken
Respectfuly Yours,S. M. ChurchD. S. Haight2Thomas Drummond introduced HB 186 in the House of Representatives on February 4, 1841. The House referred the bill to the Committee on Internal Improvements.
The Committee on Internal Improvements reported back the bill on February 23, and
the House discharged it from further consideration. The House tabled the bill.
Journal of the House of Representatives, of the Twelfth General Assembly of the State
of Illinois, At Their Second Session, Begun and Held in the City of Springfield, December
7, 1840 (Springfield, IL: William Walters, 1840), 321, 472.
Handwritten Document, 12 page(s), Folder 131, HB 186, GA Session: 12-2,
Illinois State Archives (Springfield, IL),