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templated intersection with the Central railroad, and to continue along the line of said railroad towards the Central railroad so far as they may deem proper, and also to connect the turnpike or railroad contemplated in the charter of said turnpike road company, with the Northern Cross railroad at BerTin in Sangamon county; or at such other point on said Cross railroad between Berlin and Springfield as may be most beneficial for the interest of said company, and for the public, and to use so much of the said Cross railroad between Jacksonville and Springfield as they shall deem necessary in common with the State, or any coinpany to whom the same may be granted; and said Springfield and Alton turnpike road company shall pay to the State or company a proportionate amount for the necessary repairs of the roas, and such further sum for the use of so much of said Cross railroad as shall be used as may be agreed upon by the parties; or in case of disagreement, such further sum as shall be decreed by the judge 'of
the circuit court of Sangamon county sitting as chancellor: Proviso
• Provided, always, That the State or companies to whom the
same may be granted, shall have the free and full use and enjoyment of the aforesaid State works without cost or charge,
in common with the said Springfield and Alton turnpike road
pro_company: Provided further, That the said Springfield and rigo Alton turnpike road company, shall enter into bond with suffi
cient security to the Governor, conditioned for the faithful
application of the materials aforesaid, 'and for the efficient Time of com- commencement of their said road within two years, and for pletion' the final completion of the same within ten years from the
passage of this act. ,
SEC. 2. The said Springfield and Alton turnpike road compa
: ny are hereby further authorized to use so much of the railFurther pow road iron now owned by the State, as will be sufficient to
lay down a single or double railroad track, from the end, or diverging point of the State works on the Alton and Shelbyville railroad, to the point of intersection with the Northern Cross railroad contemplated in this act, for which iron so to be used, the said company shall pay a fair value, to be determined by the company, and the proper agent of the State, which sum or, value so agreed upon shall be paid by said company to the State, when it is required to pay its bonds given for said iron; the interest on the amount of iron so purchased is to be paid at such time and times as the interest is required to be paid on the 'bonds given as aforesaid, , and the rate of interest to be the same; the final payment for
said iron to be secured by pledging to the State the railroad to be constructed by the company, and by giving additional security to the satisfaction of the State. *.Srinis! '
SEC. 3.", The Governor upon the filing a bond in the aWork & materials may be mount sufficient to cover all damages which may be sustaintaken ed by the State, shall authorize the said Springfield and Al
ton turnpike road company to have and take the work and materials aforesaid, and use the same as hereby directed.
SEC. 4.. That the proviso in the ninth section of the Section react to which this is an amendment, be, and the same is here.P by repealed.
Sec. 5. That at any time after fifteen years from the completion of said Springfield and Alton turnpike road, or a rail
State may road in lieu thereof as authorized by the charter of said purchase company, the State shall have the privilege of purchasing" said road by paying to said company the original cost of said road exclusive of the value of the work and materials obtained from the State, as herein before provided, together. .. with such a sum by way of interest, as may, when added to the profits, the company, may have received from said road equal in annual interest of six per centum on said original cost, in case said profits shall have fallen short of such annual rate of interest.
Sec. 6. That Thomas G. Hawley, Benjamin K. Hart, Jonathan T. Hudson, Jeremiah A. Townsend, John W. Buffum, Additional S. M. Tinsley, S. B. Opdycke, F. A. Olds and Cyrus' Ed.com wards shall be commissioners in connection with the present directors of said Springfield and Alton turnpike road company, the duty of whom, or a majority of whom, shall be to open the books in the city of Springfield and Alton, or wheresoever they may deem proper after giving such notice as is required by the original charter of said company; to receive in subscriptions for a sufficient amount of stock in said company over and above the present capital stock, as will enable said company, without delay, to proceed to complete -said road; and the said commissioners are further authorized to receive subscriptions for so much of the original capital stock of said company as has been previously subscribed for, and on which no part of the subscription money or any in . stalments have been bona fide paid. . Sec. 7. That all acts and parts of acts inconsistent Acts repealed
with the provisions of this act, be, and the same are hereby -repealed. 1. Sec. 8. This act to take effect from and after its passage.
- Approved, February 27, 1841.
: An ACT supplemental to an act entitled "An act to authorize the in force heb in Trustees of Shawneetown to construct a MacAdamized Road. 27. 1841.
Sec. 1. Be it enacted by the People of the State of Illinois, i represented in the General Assembly, That it shall be the duty of the county commissioners' court of Gallatin county to continue the road mentioned in the act to wbich this is a sup. Road plement, on the most eligible route to the town of Equality, ity. and may take and use such materials as may be necessary to make the same, and may enter upon and pass over any highway if the public good shall require it, so as to make a good common highway for the passage of horses, wagons and other vehicles, and all passengers and travellers: Provided, That Proviso
this act' shall not be construed so as to appropriate the railroad way from Equality to Shawneetown, only until the State shall resurre operations on said road for the complex tion of the same.'
Sec. 2. It shall be optional with the trustess of said
_town to adopt the main cross strect of said town extending to Trustees may
Os the highlands back of said town, as the location of the Macstreet Adamized road heretofore authorized to be constructed by
an act entitled "An act to authorize the trustees of ShawneePowers and town to constructa MacAdamized road;" and in case of the privileges.
adoption of said street for the aforesaid purpose, the said trustees shall have the same powers, and enjoy the same privileges and no more, heretofore granted to them by said act.
Approved, February 27, 1841.
An ACT to establish a turnpike road from Springfield, via Beardstown, to In force Mar.
, Quincy, and from Beardstown to Warsaw. 1, 1841.
Sec. I. Be it enacted by the People of the State of Minois, represented in the General Assembly, That with a view of
constructing a permanent turnpike road from east to west Com’rs to lo- through the State, via Springtield, and connecting with the cate western National Road at Marshall, the following named persons are division
hereby appointed commissioners to locate the western vivision of said road from Springfield to Quincy, viz: John Broadwell, of Sangamon county, Archibald Job and Joshua P. Crow, of Cass county, shall view, survey and locate the same from Springfield to Beardstown, on the Illinois river, in said county of Cass; Samuel A. C ift, of Schuyler county,
George Harper, of Brown county, and Jacob Smith, of Adams Points on county, shall view, survey and locate said road from Beardsroad
" town to Quincy, on the Mississippi, in said county of Adams, Extension of making the following points between Beardstown and Quinroad cy, viz: Mount Sterling, iņ Brown county, and Columbus, in
Adams cuünty; which is to be considered as an extension of the turnpike road from Darwin, on the Wabash river, via Marshall and Charleston, to Springfield.
SEC. 2. That Josiah Parrott and Abraham Yolls, of Com’rs 'to lo i
Schuyler county, and Valentine Wilson, of Hancock county, cate from be, and they are hereby appointed commissioners to view, Beardstown survey, and locale a turnpike road diverging from the road to Warsaw named in the first section of this act, commencing' at Beards
town, thence to Rushville, in Schuyler county, thence to Car: thage, in Hancock county, and from thence to Warsaw, on
the Mississippi river, in said last named county. .. Place of meet. Sec. 3. li shall be the duty of the commissioners named ing
east of the Illinois river, to meet at Springfield, and those
west of said river to convene at Beardstown; a majority of · each set may act at any time after the passage of this act .. and before the last of April next, and previous to the enter
ng upon the discharge of their duties shall be sworn before To be swork some judge or justice of the peace of the State, that they will to the best of their judgment, without favor or partiality, Route view, survey and locate the road (or the part thereof as the case may be) intrusted to their care, with a view to its permanency and the public guod, making the same as direct from Report of point to point given, as the ground and circumstances will permit; which oath shall be in writing, subscribed by the commissioners and the judge or justice of the peace, and which shall be annexed to the report returned to Springfield.
Sec. 4. The width of said road shall be eighty feet on the centre or true line, and at suitable distances on the margin or exterior lines, stakes of durable timber shall be well driven in the ground, planting at each angle a stone, (if
Corner and stone cannot be had, a stake of durable timber,) to preserve mite
mile posts the same. At the termination of each mile, a post of durable timber, painted, with letters and figures, giving the distances in miles from Springfield.
Sec. 5. Said commissioners shall make a report (each set Plat where respectively,) 'with a plat giving the courses, distances, îled streams, and notable places, and return the same to the internal improvement office at Springfield, or the office in s ir.. which the records and vouchers relating to the system of in-si pils ternal improvements shall be deposited, which ishall be filed Additional res and preserved. They shall also make a similar report and ports, i sit plat to the several county commissioners' courts of the coun- ,, 71, ties through which the same may pass, to be recorded and y 's, filed in said courts...ir
Sec. 6. The county commissioners' courts of the several Road to be ori counties, on receiving a report and plat of said road, shall penes
proved cause the same to be opened and improved by the district labor, and shall appropriate funds from the county treasury when the finances of the county or counties will admit of the same.
SEC. 7. The compensation for locating and reporting saiù road shall be as follows, viz: Commissioners one dollar and fifty cents, surveyors two dollars, chain and axe-men seventy-five cents per day for each and every day necessarily Pay of com'n employed in attending to the duties herein required. The whole bill of expenses shall be made out and certified by each set of commissioners, on the road from Springfield to Beardstown. The amount shall be equally divided between the counties of Sangamon and Cass. The expense of the road from Beardstown to Quincy shall be paid, viz: one-fourth by Schuyler county, one-fourth by Brown county, and the bal. Expenses diance by Adams county. On the road from Beardstown to vided between Warsaw, the expenses shall be equally divided between Schuyler and Hancock counties; which sums so due, shall be paid on the order of the county commissioners' courts respectively, out of the county trcasuries.
Approved, March 1, 1841.
paid on ise Hancock shall be road from ty, and
iii..'71,; " . STATE OF ILLINOIS,
- i gen . . Office of Secretary of State. I, Lyman Trumbull, Secretary of State, of the State of Illinois, do hereby certify the foregoing to be true and perfect copies of the Enrolled Laws deposited in this office; the words printed in brackets, thus [ ] in the several laws in which they occur, not being in the enrolled laws, but are introduced in the printed laws for the purpose of correcting and explaining the same. :'.
In testimony whereof, I have hereunto subscribed my name, at Springfield, this 20th April, 1841.
: .LYMAN TRUMBULL,
Secretary of State.