« ForrigeFortsett »
transactions of the board, and the same shall at all times be subject to the inspection of the members of the corporation and stockholders. Com'r. to 6u- Sec. 7. The board of directors shali have power to ap-> perintend op- point a commissioner, whose duty it shall be to superintend erationi. 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 directois shall take bond executed by the commissioner in sufficient penalty and security conditioned faithfully and industriously to perform the duties required of him. Place to com- SEC, g# jn order the more effectually to perfect the navipro"ement!m" gation 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 wilh 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 obstructionr 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 r>f this corpoiation shall Meetings of be had at all times on the call of any five of said members membersby 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.
Sec. 10. At the first meeting of said members, they shall Time and agree upon the times and places of opening books for the place of opensubscription of stock, and they shall have power to opening bopks, books for this purpose, at any time or place within or out of the State that they may deem proper.
Sec 11. When five per cent. upon the capital stock shallWhe" wo* have been subscribed and paid in, the same shall be reported menoed. 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, acqucducts, 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 tjje 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 Boat• may be the toll gatherer or collector of said directors to stop and re-8tc>I,pe tain all boats or other crafts intending to pass any lock or dam
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 refT .. . using shall forfeit and pay to said company double the amount
covered. of- sf,i^ 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 Proviso. 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. Rates of toll. ^EC- !**i 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.
Time of com- Sec. 17. The work shall be commenced within two years,
mencemerit&ancl be completed within six years alter the passage of this
work. * act, otherwise said charter shall be forfeited.
Daraages,how Sec 18. The said company shall be holden to pay all
paid. 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
[o it of] public highways in the act concerning the right of
way, approved, February twenty-eight, one thousand eight
hundied and thirty-three.
Stock may be Sec. 19. The capital stock of this corporation may be in
mcrease . creased 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 anc[ 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.
An ACT to remove obstructions to the navigation of the Little Wabash
river, and for other purposes. In force, Feb.
Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the Fund Commissioner be, and he is hereby authorized and required, within ^"j"^0^TM'* three months, from the passage of this act, to rent or lease, at p„wer on republic auction, to the highest bidder, for a term not less than tie Wabash, one nor more than two years, the water power or mills belonging to the State, situated at New Haven and Carmi, on the Little Wabash river, together with all the lands, privileges and appurtenances thereunto belonging: Provided, Notice Proviso, of the time and place of such lettings shall be first given in the papers published by the Public Printer, in Springfield, and in any other papers, not exceeding three in number, published near the places of lettings, for four weeks, successively, next previous to the days of letting.
Sec. 2. The lessee or lessees of the water power, mills, and other property, named in the above, shall, within one week from the day of letting, execute a bond to the Governor Lessee to i_ and his successors in office, with good and sufficient security, cute bond to be approved of by the commissioner, in the penal sum of Governor, five thousand dollars, conditioned for the prompt and faithful payment of the sums stipulated in the lease, as the same shall become due, and for making the alterations and improvements in the dam or dams, and performance of other conditions hereafter provided: Provided, That in no case shall either ofPr°TM°said dams and water power be leased for a less sum than three hundred dollars per annum, in addition to the improvements herein provided to be made in the said dams; which said rent Rents, to shall be paid to the Fund Commissioner. whom paid.
Sec. 3. The lessee or lessees of said water power, mills, and other property, shall be required to keep the same in good repair, and the said mills in a suitable condition for grinding and sawing, when there is sufficient water: Provided, A rea- Proviso, sonable time shall be allowed for repairing any injury that may take place, by reason of any unavoidable accident: And Further proprovided further, That no reduction of rent shall be allowed Tls0for the time so lost.
Sec. 4. The lessee or lessees shall, before the first day of lessees to alJanuary next, cause the dams appertaining to the mills afore- convenience^ said, to be so altered or constructed, as to permit the safe and 0f all boats, speedy passage of all boats adapted to the navigation of said river, by the construction of a-sluice or cut in each dam; such sluice or cut in the Carmi dam to be three feet deep, and in Sluice, depth the New Haven dam to be two feet deep; each to be forty feet wide, with a down stream slope of not less than one hundred feet in length.
Sec 5. It shall be the duty of the lessee or lessees of said mills to run them on as equitable terms and under the same regulations and restrictions that are applicable to other mills, of similar construction, in this State.
Moneysrecei- Sec. 6. All moneys arising to the State from the rents of ^n improvem't *ne water power and property, as herein provided, shall be of said river, paid over by the officer receiving the same to the State Treasurer, within thirty days thereafter; and the same shall he applied, under the direction of the said commissioner, for the improvement of the navigation of the said river.
Sec- 7. If the alteration and improvement shall not be
made in either or both of said dams, on or before the said first
day of January next, the sheriff of White and Wayne co'in
ties, or either of them, shall then be authorized and required
yams maybe to take to themselves sufficient aid, and cut down said dam or
dams to the extent required in this act: and said sheriffs shall
Compensat'n receive such compensation for said services as the county com
to sheriff. missioners' court of White county shall deem reasonable and
just; one-third of which to be paid out of the county treasury
of Clay county, and two-thirds to be paid out of the county
treasury of Wayne county.
Sec. 8. Should it be inconvenient for the Fund Commismayd appointsioner to attend to the duties herein required of him, he is an agent. hereby authorized to appoint an agent to act in his stead.
Sec. 9. If the lessee or lessees of said dams, or either of
Moneys may them, should fail to make the alteration in said dams, as herein
ereim urse ppnyjjg^ anv sums that may be paid by the counties of Clay
or Wayne, in accordance with the seventh section of this act,
shall be reimbursed to them out of any moneys collected on
said lease or leases.
Sec. 10. All acts and parts of acts, in anywise contraveActs repealed ning the provisions of this act, are hereby repealed; and this act shall be in force from and after its passage.
Approved, February 27, 1841.
An ACT for the location of a State road in the counties of Hamilton,
Mtqji . Franklin and Perry.
Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, ThatGreenburg W. Moore, Com'rs to lo- of the county of Hamilton, and Solomon Weeb, of the county cateroad. of Franklin, and Benjamin Harnick, of the county of Perry, are hereby appointed commissioners to view, mark and locate a State road, beginning at the town of McLeansborough, in Hamilton county; thence to the town of Benton, in Franklin county; from thence, running with the State road from Nashville to Benton, to the bridge on Big Muddy river; thence, with said State road, to the point where the county road diverges from the same; thence, with the county road, to Gallaway's ford, on Little Muddy; thcrfice to George Lipe's, in the Nine Mile prairie; thence, on the section line, the nearest and best way to Pinckneyville, in Perry county. Time & place c* '^' ^a^ commissioners, or any two of them, shall meet
of meeting, at the town of McLeansborough, on or before the first Mon