Basin.

Instalments of

ings and machinery for the prosecution of the same, and give and receive promissory notes in the transaction of the legitimate business of the corporation, and to do and perform all necessary acts as natural persons.

§ 13. The said corporation shall have power and are hereby authorized to purchase land sufficient in the town of Mount Carroll, or near thereto, to erect thereon a “basin or reservoir," of sufficient size to supply the inhabitants thereof with water, and shall have the power of using the streets and alleys in said town for the purpose of laying pipes to convey the water from said reservoir to any and all the inhabitants in said town, and to erect the necessary machinery to pump, throw or force the water into said reservoir.

§14. After the election of officers, as provided for in capital stock. the foregoing section, 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, subject to such forfeitures as shall be prescribed by the said board of directors.

of money.

§ 15. In order to facilitate the business operations of Bonds and loan said company, the directors shall be authorized to obtain any sum or sums of money, on their bonds or other evidences of debt, to the amount of stock actually subscribed, and at no time shall the debts of the company exceed the amount of their capital stock. The shareholders shall be liable to the creditors in their private property, to an amount equal to the stock held by them after the corporate property shall be exhausted.

§ 16. This act shall take effect from and after its pasCommencement sage, and the corporation shall commence operations within of operations. four years after the passage of this act. The directors shall have power to make such by-laws, rules and regulations as may be deemed expedient and proper for the well ordering of the affairs of said corporation, not repugnant to the laws of this state or of the United States.

By-laws.

death.

§ 17. In case of the death of either or both of the said Vacancies by John Rinewalt and Nathaniel Halderman before an election shall have been held, as provided for in the eighth section of this act, the heirs, executors or administrators of the said John Rinewalt and Nathaniel Halderman shall be the directors of said company, and all the rights, privileges and duties conferred and enjoined by this act on said John Rinewalt and Nathaniel Halderman are hereby conferred and enjoined on the said heirs, executors or administrators.

§ 18. All bonds and deeds in the purchase of real esBonds, how ex-tate by the directors shall be executed to the president and directors of said company, and their successors in office, in trust for the stockholders of said company, and all convey

ances of real estate made by said corporation shall be made by the president and a majority of the directors of said company.

§ 19. The legislature hereby reserves to itself the right Right of repeal. to repeal, alter or amend this charter if the public good

shall require it.

APPROVED Feb'y 11, 1851.

AN ACT for the relief of Thomas Corr.

In force Feb.11, 1851.

recognizance.

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That Thomas Corr, of the county of Macoupin, and state of Illinois, be Released from and he is hereby released from the recognizance entered into by him as the security of James H. Hall, in the case of the people of the state of Illinois against said Hall, and upon which said recognizance scire facias has been awarded against said Corr, and is now pending and undetermined in the circuit court of the said county of Macoupin; and said Corr is hereby authorized to plead this act in bar of any further proceedings on said recognizance: Provided, that said Corr shall pay all costs that have accrued in proceedings heretofore had upon said recognizance.

§ 2. This act to be in force from and after its passage. APPROVED February 11, 1851.

AN ACT for the relief of the surety of Andrew Magee.

In force Feb.11, 1851.

Whereas Usher F. Linder did, on the thirtieth day of Preamble.
April, one thousand eight hundred and fifty, enter into a
recognizance in the circuit court of Coles county, Illinois,
for the appearance of one Andrew Magee, charged by
indictment in said court with the crime of larceny; and
whereas the said Magee failed to appear according to the
condition of the said recognizance, whereby the same
has become forfeited; and whereas the said Usher F.
Linder has made every effort in his power to seize and
surrender the said Magee; therefore,

SECTION 1. Be it enacted by the people of the State of
Illinois, represented in the General Assembly, That the

Discharge of

said Usher F. Linder, surety of the said Andrew Magee, surety from reon the recognizance aforesaid, be and he is hereby released cognizance.

and forever discharged from all and every liability whatever upon the said recognizance.

Principal not to § 2. This act shall in nowise operate as a release of the be discharged. said principal.

§ 3. This act to take effect from and after its passage. APPROVED Feb. 11, 1851.

In force Feb.12, AN ACT for the improvement of a part of the Illinois river, and for hydraulic

1851.

Corporation.

Board of corpo

rators.

Vacancies.

purposes.

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That William Hickling, Lorenzo Leland, William H. Price, William H. W. Cushman, David Green, Bronson Murray, Benjamin T. Phelps, Benjamin F. Lamb and William Clayton, of La Salle county, in the state of Illinois, and their successors, shall be and are hereby constituted and declared a body corporate and politic, under the corporate name of "The River Board," and by that name may sue and be sued, contract and be contracted with, buy, hold, and sell property, real and personal, make and use a common seal, and alter or amend the same at pleasure, and plead and be impleaded in all courts and places whatsoever.

§ 2. Each of said corporators, and their successors, before entering upon his duties as a member of the river board, shall execute a bond, payable to the people of the state of Illinois in the penal sum of four thousand dollars, conditioned for the faithful performance of his duties as such, with at least two sureties, to be approved by the judge of the county court of said county, and shall file the same in the office of the clerk of the circuit court of said county, and make oath before said clerk that he will faithfully and honestly discharge his duties as a member of the river board, to the best of his understanding and ability; which oath shall be indorsed by such clerk upon said bond. Such bond may be sued for the use of any person injured by the breach thereof, in the same manner as is now provided by law in relation to sheriffs' bonds, and the same proceedings may be had in all respects, as near as may be. If any one or more of the persons named in the first section of this act shall neglect to qualify as required in this section, on or before the tenth day of March next, his place as a member of the river board shall be deemed vacant.

§ 3. When any vacancy shall occur in the river board, by death, resignation, neglect to qualify, removal from La Salle county, by any member thereof, or from any other cause, such vacancy shall be filled by the remaining mem

bers of the river board, by the appointment of some freeholder, residing in La Salle county, as his successor, by an order on the books of the river board, but no such order shall be made without the concurrence of five members voting therefor, and the names of such five shall be recited in such order. Every person so appointed shall qualify in the manner required in the second section of this act, within twenty days after such appointment, otherwise such place shall be deemed vacant, and filled accordingly.

§ 4. No person shall be a member of the river board Residence. unless his residence be in said La Salle county.

§ 5. The river board shall appoint a president, secre- Officers. tary, treasurer and superintendent and such other officers and agents as they may think proper, and may prescribe the duties, powers and compensation thereof, and make such by-laws as they think proper, and may require such officers or agents severally to take an oath faithfully and honestly to perform their duties, and to give bond and security as said board may think proper.

ration.

§ 6. The river board is hereby authorized and required Object of corpoto improve the navigation of the Illinois river, from the mouth of the little Vermilion, in said county of La Salle, to the mouth of Fox river, so as to admit the easy passage of steamboats at all ordinary stages of water, and to that end to construct a dam and lock (or dams and locks) on said Illinois river, and such other devices as they may deem. necessary.

§ 7. The river board is also authorized, by means of Further objects. such dam or dams across said Illinois river, and in connection therewith to create water power and establish and construct such site or sites for manufacturing, hydraulic or mechanical purposes as they may deem expedient, and lease the same in parts and portions, or otherwise; but for the purposes of this section the river board shall not take private property without the consent of the owner, nor shall it be lawful for any owner or owners of lands, adjacent to any pool made by any such dam constructed by said board, to draw water from the same, without first paying to said board a just compensation for the use of the same; and should any such person or persons be unable to agree with the river board in that behalf, he, she or they may enforce their equitable rights in that behalf by bill in chancery, and the court, after a full investigation of the matter, by the appointment of commissioners, or otherwise, shall make such final decree (not detrimental to the said navigation) as shall seem just, having due regard to the equities of the river board, as owners of such dam, and the equities of such other party as owner of such adjacent land, Right of using § 8. When it shall be deemed necessary by the river ty. board, for the purposes set forth in the sixth section of this act, to use, occupy or affect any lands, lots, or water privi

private proper

Commencement of work.

Tolls.

Loan of money.

lege of any other person or persons, it shall be lawful for the river board to appropriate, use, occupy or affect the same, on payment of a just compensation to the owner or owners thereof; and should said board be unable to agree with such owner or owners in that behalf, it shall be lawful for the river board to enforce this right by a suit in chancery, and the circuit court as as a court of chancery shall have full jurisdiction in the premises, and (by the appointment of commissioners, or otherwise,) shall set apart such lands as may appear to be necessary for the river board to use, occupy or affect as aforesaid, and ascertain (by the appointment of appraisers, or otherwise,) what amount should be paid to such owner or owners, and, by a final decree, shall settle and fix the terms and conditions on which the river board shall be permitted to use, occupy or affect any such parcel or parcels of land or water privilege, and enforce the same. Such court may establish such rules of practice for cases arising under this act, as may seem just. For the purposes of proceeding under this act, the courts of chancery shall be deemed always open, and such court may fix by order the return day of any summons in such cases. The issues shall be summarily formed, the proofs taken with all reasonable despatch, under the direction of the court, and the matter determined as soon as may be.

§ 9. Unless the river board commence said work within one year and six months from the passage of this act, all rights herein granted to said board to use, occupy or affect private property without the consent of the owner thereof, shall cease.

§ 10. The river board may establish and regulate a tariff of tolls to be paid for transportation upon such pool or pools, or through such lock or locks, and collect the same, and from time to time make and establish such reasonable by-laws and regulations in relation to the collection of tolls, the conduct of boats and rafts, and the general police of said navigation, as may be found necessary, and enforce the same: Provided, that no more tolls shall be levied than may be necessary (together with the net proceeds of the water power and hydraulic sites let by said board) to pay the current expense of letting boats through and keeping the work in repair and in operation.

§ 11. The river board is hereby authorized to borrow, for the purposes of this act, any sum or sums of money, not exceeding fifty thousand dollars in all, on a credit not exceeding thirty years, and at any rate of interest, payable annually, not exceeding ten per cent. per annum, and to execute and issue bonds for that purpose, which shall not be sold or hypothecated by said board at less than par. § 12. The river board may receive voluntary contributions, and take subscriptions for that purpose, and any town.