An act to incorporate the Henderson County Road and Ferry Company
1Sec.[Section] 1. Be it enacted by the people of the State of Illinois represented in the General assembly. That John F. Webb, and Thomas L. Thurston, and their associates[,] successors[,] and assigns be and they are hereby constituted a Body Corporate by the name and style
of “The Henderson County Ferry and Road Company” for the purposes and with the powers, rights[,] and privileges hereinafter mentioned and specified.
Sec. 2. The said Corporation by the said name is declared and hereby made capable in Law to sue and be sued, to
plead, and be impleaded, to have a common seal, and the same to alter and renew at
pleasure[,] to make rules and by-Laws for the regulations and management of said Corporation, consistent with the Laws of this State and generally to do and execute whatever by Law shall appertain to such bodies politic.
Sec. 3. The said Corporation shall have the right to hold, possess[,] and enjoy such Landed property, as may be convenient and advantageous for their purposes,
and the whole of capital stock shall not exceed fifty thousand dollars and be divided into shares of one hundred dollars each2, which
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capital or as much of it as may be necessary shall be employed in purchasing the Landed
property aforesaid, in purchasing and building proper Steam Ferry Boats, constructing
roads and in making such other improvements, as may be necessary to the easy and safe
passage of passengers, and freight over said roads and Ferry. Every member of said
Company shall have a certificate under the seal of the Corporation and made and attested in the manner and form as the by-Laws shall direct certifying his right in the share, or shares owned by him: and the stock
of said Company, shall in the nature of personal property be assignable and transferrable according
to such rules as the Executive Committee shall establish.
Sec. 4. For the management of the affairs of the said Corporation there shall be chosen by the said John F. Webb and Thomas L Thurston their associates, successors[,] and assigns three of their number, who shall be called the executive committee, who
shall immediately, on their being chosen, choose one of their said three, as their chairman. The said executive committee shall be chosen on the
first Monday of April of every year, a majority of said committee to form a quorum.
Sec. 5. The said company shall have the privileges of carrying passengers, and freight at rates according
to Law from the eastern side
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of the Mississippi to Burlington in the Territory of Iowa: and also power to make from some convenient spot selected by them on the Bank of
the River Mississippi opposite Burlington and over the Land subject to overflow a road to the Eastern Bank of the large slew
or Slough the same to have proper and substantial Bridges wherever required: and also
the power to continue said road to [De Haigs?] if they find that the necessity of travelling require it, said Road to be made and kept above ordinary high water mark Provided
that if said road and bridges be not completed within two Years from the passage of
this act, then this act, shall be null and void.3
Sec. 6. And for the purpose of remunerating said company for the expence of making said road and Bridges, they shall have the power to charge such tolls for
the passage of the same, of passengers and freight as the County Commissioners Court of Henderson may establish provided that they shall not charge or receive any tolls until all
necessary Bridges are built in a substantial manner and the Road completed to the
Eastern bank of the great slough nor until said road and Bridges are inspected and
approved of by the County commissioners Court of Henderson County and permission given by the said Court to the company to charge and collect tolls. The said road and bridges, shall at
the expiration of five years
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from the passage of this act be delivered over in a state of good repair by said
company to the County of Henderson as a county Road or sooner if the profits of said Road shall amount to a sum sufficient
to pay the cost of the same with six per cent interest thereon.4
Sec. 7. It shall be the duty of the said company as soon as the said road shall be completed to the eastern Bank of the great slew,
to deposit with the Court empowered to grant ferry licences the Bills showing the cost of constructing said
road, verified by oath, and also on the first Monday of April of every Year an account
of receipts, and expences of said road also verified by oath, and the said Court shall have the power of visiting and inspecting the Books of said Company whenever to them it may seem proper.
Sec. 8. Service of process on the chairman of the executive committee shall be deemed
and taken as sufficient service on the Corporation in any in any suit which may be instituted against it, and for any violations of
the provisions of this act, the said Corporation shall be made to answer by Scire Facias in the Henderson County Circuit Court: and if upon Trial thereof it shall appear that such violations have been committed,
and it shall be so found the said Court may and shall give judg-
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ments revoking this charter, any such proceedings by Scire Facias for such violations shall be instituted and prosecuted in the name of the people
of the State of Illinois against the said corporation
Sec. 9. The company shall have the right to ferry for the Term of fifteen years provided that they comply
with the provision of this act and provided further, that they select pay such a sum
annually into the County Treasury of Henderson ^County^ as may be required by the County Commissioners Court of said County, and shall receive no higher rates for ferrying than may be established by said Court, provided nothing in this act shall be so construed as to prevent any other ferry
being licensed at the same place 5
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An act to incorporate the Henderson County Road and Ferry Company
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1
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[02]/[25]/[1841]
[02]/[25]/[1841]
on table
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[02]/[17]/[1841]
[02]/[17]/[1841]
Engrossed
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27
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02/19/1841
02/19/1841
passed
1On February 1, 1841, John Logan in the House of Representatives presented the petition of John F. Webb and Thomas L. Thurston, which the House referred to the Committee on Salines. In response to this petition,
Daniel Wood of the Committee on Salines introduced the bill, originally titled “A Bill to Incorporate
the Warren County Road and Ferry Company,” in the House on February 5. The House
referred the bill to a select committee. The select committee reported back the bill
on February 13, recommending its passage. The House amended the bill by striking
out “Warren” wherever it occurred and inserting in lieu thereof “Henderson County.” It also struck out the sixth section, adding a substitute; added a proviso to the
fifth section; struck out “150” and inserted “50,” and struck out “two hundred shares
of five hundred dollars each” and inserted “shares of hundred dollars each” in the
third section. The House passed the bill as amended on February 19. On February 25,
the Senate tabled the bill.
Illinois House Journal. 1840. 12th G. A., 307, 334, 391-92, 417, 443; Illinois Senate Journal. 1840. 12th G. A., 359, 404.
2On February 13, 1841, the House of Representatives struck out “150” and inserted “50,” and struck out “two hundred shares of five hundred
dollars each” and inserted “shares of hundred dollars each.”
Illinois House Journal. 1840. 12th G. A.,392.
3On February 13, 1841, the House of Representatives added the proviso.
Illinois House Journal. 1840. 12th G. A.,392.
4On February 13, 1841, the House of Representatives struck out the original sixth section and added this substitute.
Illinois House Journal. 1840. 12th G. A.,392.
5On February 13, 1841, the House of Representatives struck out “Warren” wherever it occurred and inserted in lieu thereof “Henderson County .
Illinois House Journal. 1840. 12th G. A., 391.
Handwritten Document, 6 page(s), Folder 148, HB n/a, GA Session 12-2,
Illinois State Archives (Springfield, IL) ,