Proviso.

on all the property, real and personal situated in such towns and cities; and also, that any part of said acts, which requires a property or tax qualification, either for the eligibility of the officers, or for the voters, be, and the same is hereby repealed; Provided, That such towns and cities as shall or may be exempted from the payment of a county tax, in consideration of the support of the paupers therein, be, and they are hereby excepted from the operation of this act so far as the same effects county taxes.

Approved, February 23, 1841.

In force Feb. 23, 1841.

An ACT to prevent any assessment of damages in consequence of the location of railroads where the land has not been actually used for the construction of said railroads.

SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That so much of any act Part of act re- or acts, heretofore passed by the General Assembly of this pealed.

State, as authorizes any circuit court, or any justice of the peace and appraisers to inquire into and assess damages in favor of individuals or corporations, in consequence of the survey or location of any railroad or other road over the land of individuals or corporations, except where such land has actu ally been used, and the railroad or other roads constructed, be, and the same is hereby repealed. That the act, entitled "An act to amend the law in relation to change of venue," approved, February first, one thousand eight hundred and forty, be, and the same is hereby repealed. This act to take effect from and after its passage.

Approved, February 23, 1841.

In force Feb. 25, 1841.

may be removed.

An ACT to authorize James P. Morris to remove obstructions in Cabokia

creek.

SEC. 1. Be it enacted by the People of the State of Illinois, Obstructions represented in the General Assembly, That James P. Morris, of the county of St. Clair, is hereby authorized to remove any drift wood or trees in or lying across the Cahokia creek from said Morris' mills to the mouth of said creek, when the same obviously obstructs the free passage of the water of said creek in its course to the Mississippi.

Approved, February 25, 1841.

An ACT to improve the navigation of the Kaskaskia river.

In force, Feb.

27, 1841.

SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That James T. B. Stapp, Body politic. James Black, Robert T. Edmonson, Zela F. Watwood, Simeon Bishop, John P. Rigdon, James Hankins, Harvey Lee, Sr. and John Hayley, of Fayette county; Sidney Breese, John Scott, Franklin Harvey, John M. Webster, and Zopher Case, of Clinton county; John D. Wood, John Phillips, Charles Harryman, Z. H. Vernon, John White, and Cyrus Sawyer, of Washington county; Aaron Land, Wm. G. Brown, Ansley Fike, John Griffin, of St. Clair county; and S. Jones, Samuel Crawford, Jacob Feaman, Miles A. Gilbert, Robert Shannon, James O'Hara, George Ellis, Jr. Hipolite Menard, Sr., Peter Menard, and Nathaniel Pope, of Randolph county, and their successors, shall be, and are hereby created a body politic and corporate by the name and style of "The Kaskaskia Naviga- Name & style tion Company," and by that name shall have power to sue and be sued, plead and be impleaded, in all courts of law and Powers. equity, to purchase, take, enjoy, sell and alien lands, tenements, hereditaments, goods, chattels, rights, credits and effects, which may in anywise be connected with or conducive to the purposes for which the said corporation is established, to have a common seal, to ordain by-laws for their own government, not repugnant to the laws of this State, or the United States.

SEC. 2. The capital stock of said corporation may consist Capital stock. of fifty thousand dollars, to be divided into shares of twentyfive dollars each.

SEC. 3. It shall not be lawful for said corporation under Shall not loan any pretence whatever, to discount notes or bills, or to loan money. money on interest, or to exercise any banking power. But shall have authority through the agency of its board of directors, to borrow any amount of money to carry into complete effect the object of this corporation.

SEC. 4. The business of this corporation shall be managed Management. by a board of directors consisting of five members, to be chosen by the above corporators at their first meeting. A majority of said corporators always constituting a quorum to do business, all vacancies to be filled by the board of directors from among the stockholders, when it is not convenient for the members of the corporation to convenc; but in all cases by said members when in session.

SEC. 5. The directors, when so chosen, shall elect one of President and their own body president, and another treasurer, who shall be treasurer. required to give bond in sufficient penalty and security for the faithful discharge of the duties imposed on him by the said board of directors.

ap

SEC. 6. The board of directors shall have to power point a clerk to said board, who shall be required to keep proper books of accounts, in which shall be registered all the

Clerk to keep

books.

Com'r. to su

erations.

transactions of the board, and the same shall at all times be subject to the inspection of the members of the corporation and stockholders.

SEC. 7. The board of directors shall have power to ap perintend op- point a commissioner, whose duty it shall be to superintend and direct operations in the improvement of said river; and such engineer or engineers as may be deemed necessary, and fix and establish the compensation of each. The compensation or wages of all laborers to be fixed by the employer; the same being always subject to the supervision of the board of directors. The board of directors shall take bond executed by the commissioner in sufficient penalty and security conditioned faithfully and industriously to perform the duties required of him.

SEC. 8. In order the more effectually to perfect the navigation of the said river Kaskaskia, the board of directors shall be required to proceed as follows, viz: The said board of directors shall commence at the junction of the river Kaskaskia with the Mississippi, and advance thence progressively up said stream with the improvement of the same to the northern boundary of the county of Fayette. First. Said board shall cause to be removed all timber and other obstruction, not regarding sand bars which may be found in the bed of said river Kaskaskia, or within the banks of the same. Second. Whenever the banks of the said river are found to be alluvial and subject to cave or fall in by reason of the attrition of the floods or otherwise, all standing timber shall be cut down smooth with the surface of the ground, at least two rods back in a parallel line from the top of the banks of said river, and together with the already fallen timber or other obstruction, shall be removed at least twenty rods back from said river banks. They shall make all the necessary cuts-off from one intersection of the river to another as may be thought necessary to shorten the course or deepen the waters of the same, observing the same rule in relation to the removal of timber and other obstructions as is required in the second clause of this section. And fourth. The said board shall have authority to construct all the necessary locks, dams, and aqueducts, at the proper points on said river, in order to the perfection of the navigation of the same. Fifth. And to all acts and things requisite to effect and carry on the purposes for which the corporation is established. And to this end the said board shall use and employ the capital stock and funds of the said corporation under such regulations as the by-laws may prescribe, and to bind by contracts, deeds, or other writings, under the seal of the corporation and the hand of the president, all the property and estate, common stock and joint funds of the corporation aforesaid; but not the persons or separate property of themselves or any of the stockholders. The board of directors is vested with power to make by-laws for the government of said corporation, and for the regulation

of the business and concerns thereof; to revise, repeal, and By-laws. amend the same; subject always to the control of the members of this corporation, when in meeting; Provided, Such by-laws are not in conflict with the Constitution and laws of this State or the United States.

SEC. 9. Meetings of the members of this corporation shall Meetings be had at all times on the call of any five of said members members. by giving ten days' notice thereof. The first meeting shall be held at Carlyle, in the county of Clinton, on the fourth day of July, one thousand eight hundred and forty-one, or sooner

or later, as may be agreed upon by a majority of the members of said corporation.

ing books.

of

and

SEC. 10. At the first meeting of said members, they shall Time agree upon the times and places of opening books for the place of opensubscription of stock, and they shall have power to open books for this purpose, at any time or place within or out of the State that they may deem proper.

1

SEC. 11. When five per cent. upon the capital stock shall When work may be comhave been subscribed and paid in, the same shall be reported menced. to the board of directors, who shall forthwith convene and appoint the officers and commence the work contemplated by

this act.

SEC. 12. The monies received as above, shall be and re- Monies, how main in the custody and keeping of the said board of di- paid out. rectors or their treasurer, and shall be disbursed and paid out

to agents, engineers, laborers, and others under the direction

of said board.

SEC. 13. The board of directors shall have power to enter Right of way. upon any lands adjoining said river, to take and use timber, stone or other materials necessary for building or constructing locks, dams, acqueducts, or such other improvement of said river as may be deemed necessary according to the act concerning the right of way and for other purposes, approved, February twenty-eight one thousand eight hundred and thirty-three.

SEC. 14. Whenever the navigation of said river shall be Rates of toll. completed through the county of Randolph, then it shall be

the duty of the county commissioners' court of Randolph county, upon the report of the same being made by the board of directors to said court, to fix and establish rates of toll for the passage of boats and other crafts up or down said river within the limits of said county, and so on by the counties of St. Clair, Washington, Clinton, and Fayette, when the navigation is completed to the northern limits of said counties respectively; such rates of toll, when established, shall be advertised for the benefit of the public interested, in at least two newspapers nearest the river, and in any other way that may seem advisable to said board. It shall and may be lawful for Boats may be stopped. the toll gatherer or collector of said directors to stop and retain all boats or other crafts intending to pass any lock or dam

Tolls, how recovered.

Proviso.

Rates of toll.

or other place of collecting toll until said rates or toll shall be paid. If any such boat or craft after having passed any such lock, &c., shall refuse afterwards to pay the toll or rates aforesaid, the person having charge of such boats or craft so refusing shall forfeit and pay to said company double the amount of said toll or rates, to be recovered by action of debt or otherwise, before any justice of the peace, and the property of such boat, and the loading of the same, shall be liable to execution on any judgment so recovered, whether it belong to the person or not; Provided, That the board of directors shall not be authorized to levy tolls upon any boat or craft navigating the said river Kaskaskia from and below the town of Kaskaskia.

SEC. 15. The rates of toll in all cases shall be reasonable; the legislature shall have power to fix and establish said rates of toll, if thought to be exorbitant.

Semi-annual SEC. 16. The directors shall settle with the stockholders settlements. by a division of such dividends (if any) as may accrue; said settlements shall be semi-annually.

completion of

work.

paid.

Time of com- SEC. 17. The work shall be commenced within two years, mencement & and be completed within six years after the passage of this act, otherwise said charter shall be forfeited. Damages,how SEC. 18. The said company shall be holden to pay all damages that may arise to any person or persons by taking their land, stone, or gravel, or any material for the construction and maintenance of said canal or slack-water navigation, lock or dams, when the same cannot be obtained by voluntary agreement, to be estimated and recovered (in the manner laid down for the recovery) of damages caused by the laying [ont of] public highways in the act concerning the right of way, approved, February twenty-eight, one thousand eight hundred and thirty-three.

increased.

Stock may be SEC. 19. The capital stock of this corporation may be increased to a sufficient amount to carry into effect the objects of this act.

Water power SEc. 20. The said board of directors shall have power may be leased and authority to lease all water or other power which may be created by the erection of locks and dams or otherwise to the highest responsible bidder or bidders, for any length of time at their discretion, having previously given the necessary public notice, the proceeds whereof, shall be used at the discretion of said board in the preservation of the said locks and dams, and other improvements to the navigation of said river, or distributed in dividends.

Approved, February 27, 1841.