Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, Thatl Henry L. Buel and Simeon Towle, and their associates, heirs and assigns, be, and they are hereby constituted a body politic and corporate, for the term of ten years, by the name and style of “The Kishwaukee Ferry Company,” and by that name, shall in law be capable of suing and being sued, pleading and being impleaded, answer and being answered unto in all courts and places whatsoever; 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 purchase, and hold, and convey any estate, real, personal or mixed, that may be necessary for the use of said ferry, not exceeding twenty acres of land.

Sec. 2. The said corporation are hereby authorized and empowered to establish and maintain the ferry herein granted over Rick river, within one-half mile of the junction of the Kishwaukee river with the Rock river waters in Winnebago county.

Sec. 3. The boat or boats necessary for the conducting of said ferry, may be so constructed as to be propelled by steam, horse, or other power or means, as the proprietors may deem expedient.

Sec. 4. The capital stock of said company shall be three 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 corporation may be increased to any amount not exceeding five thousand dollars, when the stockholders shall deem such increase necessary for the object herein contemplated.

Sec. 5. Henry L. Buell, Simeon Towle, George W. Lee, and Shelton L. Hall, are hereby appointed commissioners, the duty of whom it shall be to open books for subscription of said stock, on the first Monday of May next, or as soon thereafter as is convenient, at Kishwaukee, and such other places as they may deem proper, by giving at least twenty days’ public notice thereof, and like notice shall be given when it is necessary to increase the capital stock. 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 subscription, as they may deem expedient and proper, and every subscriber shall, at the time of subcribing, pay to said commissioners the sum of one dollar on each share subscribed.

Sec. 6. 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, for such stockholders to meet for the purpose of choosing a board of trustees which shall consist of seven in number. Every stockholder shall be entitled, at such and all other elections, to one vote for each share to the number of ten, and one vote for every five additional shares, which votes may be given in person or by proxy, and the persons having a plurality of votes shall be declared duly elected trustees. 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 trustees with the money received thereon. The said trustees so chosen, and 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 power to prescribe the time and place of holding all future elections for trustees, which shall be once a year. The said board shall have power to fill all vacancies which may occur in their body, which appointment shall remain until the next annual meeting.

Sec. 7. The said board of trustees, when elected and organized, shall have power to appoint (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 by-laws and regulations for the government of the corporation, not inconsistent with the Constitution and laws of the United States and of this State.

Sec. 8. When the said ferry is established, it shall and may be lawful for the said company, their assigns and successors, to demand and receive from all persons crossing said ferry, for and during the time aforesaid, the same rates of ferriage as may be then allowed to the ferries crossing Rock river, within the limits of Winnebago county. The said corporation shall obtain from the county commissioners’ court of Winnebago county, a list of the rates of ferriage as established by them for the various ferries over Rock river, within the limits of said county, and shall set up in a conspicuous place, free for the inspection of travellers or other persons interested, the rates of ferriage as aforesaid.

Sec. 9. All officers or trustees chosen 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 trustees, 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 ten days previous to the time of said meeting.

Sec. 10. 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 by-laws declare what shall constitute a forfeiture of stock for failure to pay the amounts so required.

Sec. 11. If any person or persons shall wilfully or maliciously do, or cause to be done, any act whatsoever, whereby the said ferry, or any thing appertaining to the same, shall be impaired, injured or destroyed, the said person or persons so offending, shall forfeit and pay to the said corporation treble the amount of damages occasioned thereby, to be recovered by the said corporation, with costs of suits, in an action of trespass in any court having competent jurisdiction thereof.

Sec. 12. The ferry hereby granted shall be in all respects governed by the laws regulating ferries, toll bridges and turnpike roads, except as is herein otherwise provided.

Sec. 13. The said corporation shall have the time of one year to establish the said ferry after the passage of this act, and if the same is not established within the aforesaid term of time, the said corporation shall be dissolved, and this act of, no effect.

Approved, February 27, 1841.