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An ACT to remove obstructions to the navigation of the Little Wabash river, and for other purposes.
In force, Feb.
27, 1841. 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 Fund Comm'r
i to lease water three months, from the passage of this act, to rent or lease, at power on Litpublic auction, to the highest bidder, for a term not less than ile 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 Lesse and his successors in office, with good and sufficient security, cute bond to 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 shali either of Proviso. 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 lessces 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 viso. for 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-tor
convenience said, to be so altered or constructed, as to permit the safe and of 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 of. 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.
ter dams for
Moneys recei- Sec. 6. All moneys arising to the State from the rents of ved, expended th in improvem't the water power and property, as herein provided, shall be of said river. paid over by the officer recciving the same to the State Trea
surei, within thirty days thereafter; and the same shall be 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'ın
ties, or either of them, shall then be authorized and required Dams may be to take to themselves sufficient aid, and cut down said dam or demolished.
"• dams to the extent required in this act; and said sheriffs shall Compensat’n receive such compensation for said services as the county comto 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 CommisFund comm'r sionar too
" sioner to attend to the duties herein required of him, he is may appoint an agent. hereby authorized to appoint an agent to act in his stead.
Sec. 9. If the lessee or lessees of said dums, or either of Moneyg may them, should fail to make the alteration in said dams, as herein be reimbursed
provided, any 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, In force, Jan.“
Franklin and Perry. 26, 1841.
Sec. 1. Be it enacted by the People of the State of Illinois, . . represented in the General Assembly, That Greenburg W. Moore, Com’rs to lo- of the county of Hamilton, and Solomon Weeb, of the county cate road. 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; thence to George Lipe's, in the Nine Mile prairie; thence, on the section line, the nearest and best way to Pinckneyville, in Perry county.
Sec. 2. Said commissioners, or any two of them, shall meet of meeting at the town of McLeansborough, on or before the first Mon
to lay outhe frithiing duly
day in September next, and after being duly sworn, before Tn be sword. some justice of the peace, to the faithful performance of their duties, shall proceed to lay out said road, from point to point, upon the nearest, best and most eligible ground, having due regard to private property.
SEC. 3." Said road, when so laid out, a report of which Report of shall be filed by said commissioners with the clerks of the road. county commissioners' courts of the respective counties through which said road is to run; and the same shall be opened and kept in repair as other State roads are.
SEC. 4. Said commissioners shall be allowed a reasonable Pay of com're. compensation for their services, not exceeding two dollars per day, at the discretion of the county commissioners' courts, which shall be paid by said counties, in proportion to the time said commissioners may necessarily be employed in each county in making said location.
Sec. 5. The present county road, laid out and opened from para McLeansborough to Carmi, running by Westley Biggerstaff's, ed State road. is hereby declared a State road. This act to be in force from its passage.
Approved, January 26, 1841.'
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An ACT to provide for reviewing certain State roads.
In force. Jan.
26, 1841. Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, "That John Shrader, Wil-Com’rs to reliam Waite and Abram Royers, be and they are hereby ap-view. pointed commissioners to examine and review so much of the present State road leading from Paris, in Edgar county, to From Paris to Clinton, in Indiana, as lies east of the centre of section nine-Clinton. teen, town fourteen north, of range ten west and the State line; ard also a proposed road, commencing at the same place, viz: centre of section nineteen; thence, due east, to Blackman's branch of Cole creek, at A. A. Martin's mill seat; thence from said creck up the dug way to the top of the hill to the corner of Martin's yard; thence, due east, to the line between twenty and twenty-one of town fourteen north, of range ten west; thence, on the best ground, to the State line, near the corners of William Hoops' and G.W. Hunter's farms. And the commissioners aforesaid, after having reviewed and examined the present and projected road, shall report to the commissioners' court next ensuing, their opinions of the relative claims of said roads; and the county commissioners' court shall make such order in the premises as to them shall seem just: Provided, That if the commissioners first above , named shall, after the review, be of the opinion that the pub-men lic interest requires that both roads shall be opened and kept Co. com’rs to in repair, the county commissioners' court shall govern them- keep, road in selves accordingly.
Sec. 2. And be it further enacted, That Gideon Minor and Com’rs to re-George Moke be appointed to review and relocate so much of
the Springfield road, as follows, viz: Beginning at the northwest corner of A. Dill's farm; thence, through the centre of section two, town thirteen north, of range twelve west, to some suitable point on section three, in the same range; thence to intersect the present road the nearest and best way: Also, the
said Minor and Moke are appointed to review and locate so From Paris to much of the State roads leading from Paris to Vincennes and Vincennes. from Paris to Terre-Haute, as lies between where South street
crosses Market street and the mouth of Shaw's lane, running out straight with Market street until an east line will strike
the lane aforesaid. And the said commissioners, after having Com’rs to re- reviewed the several roads named in this section, shall report port.
to the county commissioners' court next ensuing; and the said court shall judge of the propriety of said alterations from said report.
Sec. 3. And be it further enacted, That the several comWhen to, pero missioners named in this act may procecd on, or at any time form duties.
after the first Monday in February next, to review the seveAllowed com-ral roads herein named; and shall be allowed a fair compensa. pensation. tion for their services, out of the treasury of the county, at
the discretion of the county commissioners' court.
Approved, January 26, 1841.
In force, Jan. An ACT for a State Road from Shawneetown to Vienna. 27, 1841.
· SEC. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That William Christen, Com’rs to lo
of Gallatin county, Albert Rose, of Hardin county, and A bra. cate road.ham S. Barger, Senior, of Pope county, be and they are here
by appointed commissioners to view, mark and locate a road from Shawneetown, in Gallatin county, to Vienna, in John.
son county. Said commissioners, or a majority of them, shall Time & place meet at the house of Albert Rose, on the first day of April of meeting. next, or within three months thereafter; and after being duly To be sworn. sworn, by some justice of the peace, faithfully to discharge
the duties required of them by this act, shall proceed to view, mark and locate said road, on the ncarest and best route, and on the best ground for a permanent road, so as to intersect the road leading from Golconda to Pinckneyville, at or near the bridge on Big Bay creek, where said road crosses the same.
SEC. 2. Said commissioners shall, at the first term of the
county commissioners' court, in the respective counties Report.
through which said road may run or pass, make report of the road so marked and located; whose duty it shall be to cause
said road to be opened and kept in repair, as other State roads Compensatn. are. Said commissioners shall receive a just compensation for their services, out of the treasury of the counties in which they reside, respectively, by order of the county commissioners' courts.
Approved, January 27, 1841.
An ACT in relation to a road thereig named.
In force, Jan.
27, 1841. Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That so much of an act, entitled an act to amend “An act concerning the road from Part of actre. Warsaw to Qui:acy,” approved, February first, one thousand pealed. eight hundred and forty, as declares so much of the State road from Warsaw to Peoria, as lies between Warsaw and Carthage,
Road racated a State road, is hereby repealed; and the said road, between the two last named places, is hereby declared to be vacated.
Sec. 2. Any citizen of Hancock county, may, by voluntary citizens of enrollment, attach himself to the Nauvoo Legion, with all the Hancock co'y privileges which appertain to that independent military body. may belong to
?' Nauvoo LeApproved, January 27, 1841.
An ACT 10 locate a State road in Bond, Madison and St.Clair counties. In force, Feb
18, 1841. Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Benjamin Johnson, Comers to loof Bond county, David Tharp, of Madison county, and Daniel cate road. Baldwin, of St. Clair county, are hereby appointed cominis. sioners, to locate a State road, as follows, to wit: From Ben- Line of road. jamin Johnson's, in Bond county, via Highland, in Madison cuunty, to Lebanon, in St. Clair county.
Sec. 2. Said commissioners, or a majority, shall meet at Tiine & place the town of Highland, on the first Monday of April next, or of meeting. within thirty days thereafter; and, after having been duly sworn, before some justice of the peace, faithfully to perform To be sworn. the duties required of them by this act, shall proceed to mark, survey and locate said road; and, having so located the same, shall, within thirty days thereafter, return to the office of the clerk of the county commissioners' court of each of said counties through which said road will pass, one copy of the plat, Plat and sursurvey and field notes thereof; which, together with the report yey, where to of said commissioners, shall be spread upon the records of the "e said county commissioners' courts.
Sec. 3. The said road shall be at least four poles wide, and Width of road shall be opened and kept in repair, as other public State roads are; and the said counties shall each pay one-third of the expense of said road. The said commissioners and the surveyors shall each' receive and be allowed two dollars per Compensatn day, for their services herein; the chain-carriers and axe-men, of com’rs,&c. the sum of one dollar per day.