« ForrigeFortsett »
templated intersection with the Central railroad, and to con<■ tinue along the line of said railroad towards the Central rail
road 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 Berlin in Sangamon county; or at such other point on said Cr0s3 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 shalldeem necessary in common with the State, or any company 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 road, 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>r charge, in common with the said Springfield and Alton turnpike road Further pro- comPan)' Provided further, That the said Springfield' and Ti3o Alton turnpike road company, shall enter into bond with suffi
cient security to ihe 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 company are hereby further authorized to use so much of the railFurther pow road iron now owned by the State, as will be sufficient to en lay down a single or double railroad track, from the end or
diverging point of the State works on the Alton and Shelbyvillc railroad, to the point of intersection with the Northern Cross railroad contemplated in thie> 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 amoririt of iron so purchased is to be paid at such time and times as ihe interest is required to be paid on the! bbndsgiven atf aTtiresaid, 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 t9 be constructed by the company, and by giving additional security to the satisfaction of the State. Work& ma ^Ec*? The Governor upon the filing a bond 'in the aterialsmaybemouD.t sufficient to cover all damages which may be susraintaken ed by the State, shall authorize the said Springfield and "Alton 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 the860!1"." re" Tact to which this is an amendment, be, and the same is here-pe 6 by repealed. , .
Sec. 5. That at any time after fifteen years from the completion of said Springfield and Alton turnpike road, or a rail- ma road in lieu thereof as authorized by the charter of said purchaseToad 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, toeether with such a sum by way of interest, as may, when added to the profits, the company may haye 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,Addiliona! S. M. Tinsley, S. B. Opdycke, F. A. Olds and Cyrus Ed-commr" wards shall be commissioners in connection with the present .'4 . 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 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 instalments 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.
Sec. 8. This act to take effect from aud after its passage, f. ■ • Approved, February 27, 1841.
An ACT supplemental to an act entitled "An act to authorize the jn foroe j,e[, Trustees of Shawneetown to construct a MacAdamized Road. 27 J 841
Sec. 1. Be it enacted by the People of the State of Illinois, 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 which this is a slip- Enmd! plement, on the most eligible route to the town of Equality, ;ty. 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 Proriao
this act shall not be construed so as to appropriate the railroad way from Equality to Shawneetown, only until the State shall resume operations on said road for the completion of the same.
Sec. 2. It shall be optional with the trustees of said Trustees ma *own to Hdopt the main cross street of said town extending to adopteeScross tne highlands back of said town, as the location of the Macstieet Adamized road heretofore authorized to be constructed by
an act entitled "An act to authorize the trustees of ShawneePowers and tovvn ro construct a MacAdamized road;" and in case of the pnvi eges. 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 acf.'
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.
Sec 1. Beit enacted by the People of the Stale of Illinois, 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 Springfield, and connecting with the division6"1"11 National Road at Marshall, the following named persons are hereby appointed commissioners to locate the western division 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. CJift, of Schuyler county, George Harper, of Brown county, and Jacob Smith, of Adams road" °n counly» shall view, survey and locate said road from Beardstown to Quincy, on the Mississippi, in said county of Adams, Extension ofmaking the following points between Beardstown and Quinroad cy,viz: Mount Sterling, in Brown county, and Columbus,in
Adams county; whidh 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 Joslah Parrott and Abraham Yolls, of Com'rs to lo Schuyler county, and Valentine Wilson, of Hancock county, oate from° ° be, and they are hereby appointed commissioners to view, Beardstown survey and locate a turnpike road diverging from the road to Warsaw named in the first section of this^act, commenciiig at Beardstown, thence to Rushville, in Schuyler county, thence to Carthage, in Hancock county, and from thence to Warsaw, on the Mississippi river, in said last named county. Placeofmeet- Sec. 3. It sha|l be the duty of the. commissionersnamed 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 enteri
ng upon the discharge of their duties shall be sworn before To be swon» some judge or justice of the peace of the State, that they will to the best of their judgment, without favor or partiality, Route of road 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 good, making the same as direct from Report of point to point given, as the ground and circumstances will00m rs 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 W,dth ofroad 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 stone cannot be had, a stake of durable timber,) to preserve m;"" ,t the same. At the termination of each mile, a post of durable timber, painted, with letters and figures, giving the distancesin miles from Springficldi
Sec 5. Said commissioners shall make a report (each set p]at wner# respectively,) with a plat giving the courses, distances, filed streams, and notable places, and return the same to the internal improvement office at Springfield, or the office in . • • which the records and vouchers relating to the system of in-ir • .■ • . ternal improvements shall be deposited, which shall be filed Additional»e-» and preserved. They shall also make a similar report and par'" plat to the several county commissioners' courts of the coun- '■ ties through which the same may pass, to be recorded and: ... .j filed in said courts. • • • -V ■ »i
Sec. 6. The county commissioners'courts of the several'R°a«Ji*° bfi&r, counties, on receiving a report and plat of said road, shall^"e(jan im" 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 saiJ 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 comyn employed in attending to the duties herein required. The whole bi'l 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 toQuincy shall be paid, viz: one-fourth by Schuyler county, one-fourth by Brown countv, and the bal-Expenses diance by Adams county. On the road from Beardstown to *dfndt.g0s,weeD 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 treasuries.
Approved, March 1,1841.
;,: i State Of Illinois,
... . 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 piinted 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. . . . .
, i .• LYMAN TRUMBULL,
Secretary of State, f.w ■ • •)*• . ■; ,