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where real estate may be sold to satisfy debts due the company, the same may be purchased in satisfaction of such debts,

but all real estate so purchased, shall be offered for sale at Real estate public vendue, at least once in each year, and shall be sold sold for debts whenever the amount of the judgment under which the pur

chase was made, shall be offered at any such sale.

SEC. 6. Said company shall not directly or indirectly deal Company not or trade in goods, wares or merchandize, or engage in any to deal in any other business, or use its means for any other purpose than as other business expressly authorized by its charter.

SEC. 7. The present subscribers to the capital stock shall

be entitled to the benefit of their subscriptions, and to all

payments made thereon; and the organization of the compa- Organization ny shall be deemed to have been conformable to law. The of company change in the charter authorized by this act shall not release or affect any liability of the company now existing against it; and all the powers and rights conferred upon said company, shall be continued so far as they may be consistent with the provisions of this act.

SEC. 8. Said company shall not have power, if this amend- Powers to ment is adopted to the charter, to make or construct any make roads railroad, turnpike, McAdamized, or other description of road, rescinded or to have or hold the right of way for any such road, or to engage in the business of transporting property or persons upon any road whatever.

SEC. 9. The directors shall provide for the speedy adjust- Losses shall ment and payment of all losses arising under any policy made be paid speeby the company, and for all unreasonable and vexatious de- dily

lays in payments, the company shall be liable to pay damages

not exceeding

gal interest.

per cent. per annum, in addition to le

SEC. 10. Additional subscriptions to the capital stock of said company may be received hereafter upon the payment

of one dollar upon each share subscribed, and the capital Increase of stock of said company may be increased two hundred thou- capital stock sand dollars.

SEC. 11. The said company may proceed to business under this charter, whenever the sum of ten thousand dollars shall have been paid to their treasurer, including the stock already held in real estate.

SEC. 12. Said company shall keep regular books, and enter therein all their accounts and transactions; and the accounts of the company shall be balanced half yearly, and the profits growing out of its business shall be divided half yearly among the stockholders according to their rights, but dividends shall not be paid except of profits actually realized.

Records of

company

Dividend

Payment of

SEC. 13. It shall be lawful for stockholders to secure the payment of their stock to the company by mortgage upon stock, how to real estate, and all such mortgages shall stand as security to be secured creditors for moneys due from the company.

SEC. 14. This act as well as all others amending the oriThis act to be ginal charter of said company, shall become to all intents and part original charter purposes a part of the act of incorporation, upon being agreed to by the President and Directors of said Company; and an entry of such agreement upon the record kept of the Evidence of actings and proceedings of said board, shall be sufficient eviadoption of dence of the adoption of such amendments; and of the right of the company to act under the same.

this act

field

Pittsfield and SEC. 15. The President and Directors of the Pittsfield Mississippi R and Mississippi Railroad Company, incorporated by an act R Company may establish passed on the first of March, one thousand eight hundred and insurance of thirty-seven, are authorised to establish and keep in operafice in Pitts- tion an insurance office in Pittsfield, and to use all of its stock and means in the business of insurance, and to become to all intents and purposes an insurance company, upon condition that said President and Directors agree that the first, second, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, twelfth, thirteenth, and fourteenth sections of this act shall be adopted as an amendment to the charter of said company, except that said company shall not have any office Sec. fifteen of in Jacksonville or Winchester.

Conditions

Winchester,

Lynnville and SEC. 17. The fifteenth section of the original act incorJacksonville porating the Winchester, Lynnville and Jacksonville Railroad RR Company Company, is hereby repealed.

repealed

Act to conti

SEC 18. This act shall continue in force for twenty years nue 20 years from its passage, and no longer.

APPROVED, January 27, 1840.

In force Jan. AN ACT to authorize J. A. Clark to build a bridge across the Pickatonica. 27, 1840.

SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That John A. Clark, his heirs and assigns, be, and they are hereby authorized to build and keep, for the term of twenty years, from the pasLocation of sage of this act, a toll bridge across the Picatonica river, in township No. twenty-seven north, of range No. eight east, at and opposite the town of Freeport, in Stephenson county, Illinois: Provided, said bridge shall not interfere with the navigation of said river.

When commenced

SEC. 2. The said John A. Clark, his heirs or assigns, shall commence the building of said bridge, within one year, and complete said bridge within four years from and after the passage of this act: said bridge shall be built in a good and substantial manner, so as to give a safe and easy passage to all persons and their property, wishing to cross the same.

SEC. 3. After said bridge shall be complete, the said John A. Clark, his heirs or assigns, are hereby authorized to place a toll gate on either end of said bridge, or elsewhere, where he or they may demand of all and every person passing said

bridge, the following rates of toll, (to wit:) For each two Rates of toll horse wagon drawn by two horses, or one yoke of oxen, twenty-five cents; for each additional pair of horses or yoke of oxen, twelve and a half cents; for each one-horse wagon or carriage, eighteen and three-fourth cents; for each man and horse, twelve and a half cents; for each head of hogs, sheep, or goats, one cent; for each head of horses, cattle, mules, or asses, three cents; and three cents for each footman.

crue to coun

ty

SEC. 4. The said John A. Clark, his heirs, or assigns, shall at all times after the completion of said bridge, keep the same in good repair, and allow a speedy passage; and if at any time Bridge out of the bridge be kept out of repair, so that the same be impassi- repair to acble for the space of six months at any one time, the said bridge. shall accrue to the county of Stephenson: Provided, Proviso. however, That the destruction of said bridge by fire, high water, or other casualty, shall not work a forfeiture of the privileges hereby granted; but said Clark, his heirs or assigns, shall proceed immediately to repair the same.

SEC. 5. When the commissioners of the county of Stephen- Commissionson deem it expedient to purchase said bridge, they shall have ers of county may purchase the right to do so, by paying the said Clark, his heirs or as- bridge signs, the value of said bridge, in current money of the Unit ed States, which value shall be ascertained by the valuation Value of same of three disinterested appraisers, to be appointed by said court, who shall be sworn to a faithful and impartial discharge

citizens may

of their duties, as such appraisers; or if the commissioners of County comsaid county will proceed without delay and build a free bridge missioners or at the place aforesaid, or if the people of said county, or any build a free number of them, will proceed without delay, and build a free bridge bridge across the Pickatonica river, at the place aforesaid, and have the same completed within one year from and after the passage of this act, they shall have the power to do so under this act, and the said bridge, when so completed, shall be and remain open and free for all persons, and their property wishing to cross the same, and shall be and remain a free bridge to all intents and purposes: Provided, That if the said Proviso free bridge wher so completed, shall remain out of repair for six months at any one time, the privileges herein before granted to John A. Clark shall be revived, and he may proceed to the erection of the toll bridge aforesaid, the same as if no bridge had been erected by the coommissioners, or the peo.

ple aforesaid: Provided, further, that casualties, or high water, Further pro~ or otherwise, shall not work a forfeiture to the people of said viso county, or commissioners herein before offered to them, but

they may proceed immediately to repair the same.

SEC. 6. If any person or persons, shall wilfully do, or cause

to be done, any injury to said bridge, the person or persons Injury done so offending, shall forfeit and pay the said John A. Clark, his to bridge heirs or assigns, double the amount of such injury or damage, to be recovered before any justice of [the] peace having jurisdiction of the same.

Bridge deemed public highway

SEC. 7. The said bridge shall be deemed a public highway, within the meaning of the laws providing for the punishment of persons injuring, obstructing, or destroying public bridges in any manner, or by any means whatever.

APPROVED, January 27, 1840.

In force, Jan, AN ACT to authorize the Auditor to enter a credit upon a judgment

27, 1840.

Preamble

against Robert Davis.

WHEREAS Robert Davis, of the county of Pike, did at the December term, one thousand eight hundred and thirtyeight, of the Supreme Court, as one of the securities of James Davis, late clerk of the county commissioners' court, of said county of Pike, confess judgment, in favor of the State of Illinois, for the sum of two thousand four hundred and eighty dollars; and whereas the Legislature at its last session made an appropriation to the county of Scott, of two thousand dollars, to be expended in making improvements upon the State road, between Winchester and Florence; and whereas one thousand dollars of said appropriation is yet due and unpaid, from the State to the said county of Scott; and whereas the said Robert Davis, for the purpose of enabling him to meet his aforesaid liability to the State, took a contract from the county of Scott, upon the road aforesaid, and has performed work thereon to the amount of one thousand seven hundred and sixty-three dollars; and whereas the said Robert Davis has an order from the county commissioners' court of Scott county, for the one thousand dollars now due from the State upon the appropriation aforesaid; and whereas, the said Robert Davis, is anxious to apply said one thousand dollars as a credit upon the judgment aforesaid: Now therefore,

SEC. 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the Auditor of Duty of Audi- Public Accounts, is hereby authorized and required, upon the

tor

said Robert Davis delivering to him an order from the county commissioners' court of Scott county, upon the Fund Commissioners of this State, for the sum of one thousand dollars, to enter a credit of one thousand dollars upon a judgment rendered against said Robert Davis, in favor of the state of Illinois, at the December term, one thousand eight hundred and thirty-eight, of the Supreme Court, for the sum of two When credit thousand four hundred and eighty dollars; and when such credis entered all it is so entered upon said judgment, all claim which the counco'y to cease ty of Scott now has upon the State for the appropriation of

claim of Scott

two thousand dollars, made to said county, at the last session of the General Assembly, shall cease, and the one thousand dollars of said appropriation, which now remains unpaid, instead of being paid to the said county of Scott, shall be paid into the Treasury of this State.

APPROVED, January 27, 1840.

AN ACT attaching a portion of Tazewell county to Logan county.

In force, Jan.

27, 1840.

well co. at

SEC. 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That all that portion of Tazewell county, embraced in the following limits, viz: Beginning at the south east corner of Township No. twenty-one Part of Tazenorth, range No. two west, of the third principal meridian, tached to thence north seven miles, to the north east corner of section Logan county thirty-six, township twenty-two, thence west, along the section lines, eighteen miles to the north west corner of section thirty-one on the range line, between ranges four and five, township twenty-two north, thence south seven miles, to the corner of Logan county, thence east, along said county line, to the place of beginning, is hereby added to, and hereafter shall be a part of the county of Logan.

SEC. 2. That hereafter, at all general or special elections, Parts set off to the portion of Tazewell county so added shall vote with vote with Lothe county of Logan.

APPROVED, January 27, 1840.

gan county

AN ACT to change the name of the "Kaskaskia Insurance Company."

In force, Jan. 31, 1840.

Name and

SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the "Kaskaskia Insurance Company," incorporated by an act, entitled "An act to incorporate the Kaskaskia Insurance Company;" approved March 1. 1839, shall hereafter be known by the name and style of the "Insurance and Trust company of Illinois," style and by that name and style, shall have all the powers, privileges, and advantages granted to the aforesaid Kaskaskia Insurance Company by the act aforesaid. APPROVED, January 31, 1840.

AN ACT to change a part of the State road leading from Griggsville to In force, Jan.

Quincy.

31, 1840.

vacated

SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That so much of the State road from Griggsville, laying between Henry Brown's and the Adams county line, be vacated, and hereafter, that part of Part of road said road shall be located on the ground now travelled, and the now travelled road between the said points, as well as from the point where said road intersects the county line, till it intersects the road as lately laid out, shall be part of said road, and be kept in repair as required by law. APPROVED, January 31, 1840.

Relocation

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