liens and remedies that are now in force or shall be made obligatory by law for the collection of state and county taxes, Collection. shall be applicable to the collection of said special tax; and the same judgment shall be obtained and the same privileges and obligations shall be imposed upon purchasers and owners as by law are applicable to lands sold for the non- Sale for nonpayment of taxes; and all deeds executed by the sheriff on payment. a sale of such lands for taxes, under the provisions of this law, shall be received in all courts of justice, and elsewhere, as evidence of the same facts now evidenced by the sheriff's deeds, under the revenue laws of this state.

9. Whenever a majority of the landholders within the Tax to pay off boundaries of said embankment shall determine by a vote lien. of the same to pay off said lien, or any part thereof, upon the lands, and shall so decide, then it shall be the duty of the directors of said company to place on the list for taxation such per cent. as may be voted, to be collected by the state and county collector, in addition to such sum as is be

fore reserved.

land owners.

10. Upon repayment, by taxation, as hereinbefore pro- Works to bevided, of the principal so invested, and all interest that may come the probe due for the drainage or levecing or embankments of perty of the lands, the said works and all the property of said corporation shall become the property of the owners of lands so taxed for the purchase, subject to all existing contracts and liabilities, and shall thereupon be managed and controlled To be managed by the county court of Madison county, who shall thence- by county forth, by the revenues thereof and such additional taxation upon the lands benefitted and improved as may be necessary for the purpose, keep the same in good repair and pre

servation.

court.

11. The collector of Madison county shall make and Collector's execute to said company a good and sufficient bond for the bond. faithful collection and payment over of said tax over to said Company; and it shall be his duty to pay over to said com

pany

the taxes so collected, from time to time, as the same may come into his hands; and he shall be allowed the same compensation as he is now allowed for the collection of school tax.

12. This act to be in force from and after its passage; to be held and taken as a public act, and to be liberally construed to carry out the purposes and intents of the same. APPROVED Feb. 19, 1859.

In force April AN ACT to provide for the constructing a levee from Prairie du Pont Village, in 26, 1859. St. Clair county, to Harrisonville, in Monroe county.

Preamble.

levee.

Whereas the greater portion of the residents and owners of the land lying between the Mississippi river and the bluffs, in what is called the American Bottom, and between Prairie du Pont village, in St. Clair county, and Harrisonville, in Monroe county, are desirous of establishing and building a levee for the purpose of protecting their lands from overflow from the Mississippi river; therefore,

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Wm. Commissioners Wilson, senior, Sidney Todd, William B. Quigley, William to establish a Kinney and Hyacinth Demete, be and they are hereby appointed commissioners to lay out and establish a levee or embankment, of sufficient hight and strength, in their opinion, to prevent the overflow of water from the Mississippi river, over the lands lying between said levee and the bluffs. Said levee or embankment to commence at the foot of the first high ground east of said Prairie du Pont village, extending thence westwardly, so as to include said village, and thence extending southwardly on the east side of Prairie du Pont creek, through and over all the lands and at the particular points and places on said lands, as said commissioners shall deem best for that purpose, to some point in the neighborhood of Harrisonville, in Monroe county, to be determined by said commissioners, where said levee

Right of way.

Employ labor

ers.

Levy and collect tax.

shall end.

2. Said commissioners shall have authority to pass over any of said lands, on the line of said levee, for the purpose of locating said levee, by survey or otherwise, and for the purpose of building the same, by themselves, and all such agents, hands and laborers as they may employ for that purpose.

§3. It shall be the duty of said commissioners, as soon as may be, to locate said levee, and employ all such laborers as they may deem necessary, and at such wages as they may contract for, to build and complete the same.

§ 4. It shall be the duty of said commissioners to ascertain the quantity of land belonging to each person lying between said levee and the bluffs, which is subject to overflow and to be protected by said levee from overflow, and to levy a tax against the owners of said land of sufficient amount to pay for locating and building said levee: Provided, that no more than one dollar per acre shall be levicd, at a uniform rate, upon each acre of land, and collect said tax from the owner or person in possession of the land, by such member of their board as they may elect for that purpose, as hereinafter provided for. In all cases where the owner or person in possession shall fail or refuse to pay said tax, after demand thereof, which demand shall be made in person,

if the owner reside in the county where the land lies; and if such owner does not reside in such county, then the demand for payment may be made in person or by a notice in some newspaper printed in said counties of St. Clair and Monroe, for at least two weeks. It shall be the duty of said Sale for noncommissioners, after having given notice of sale, by adver- payment. tisement in some newspaper published in St. Clair and Monroe county, for at least ten days between the first and last insertion, stating the time and place of sale, and the description of the property to be sold, as fully as such property is suceptible of, and the amount due, to proceed and sell so much of said land as shall be necessary to pay said tax and costs of advertising sale. The sale shall be made either at the said villages of Prairie du Pont or Harrisonville, as the commissioners may elect, at public vendue, between the hours of ten o'clock, A. M., and 2 o'clock, P. M., of the day of sale; and the land shall be struck off to the bidder who will pay said tax and cost for the smallest quantity of land offered. The commissioners shall make a deed, in fee simple, Deed. to each and all purchasers of lands under the provisions of this act; said deed or deeds, however, are not to be executed till the provisions of section 6 of an act to amend the several acts concerning the public revenue, approved February 8th, A. D. 1849, shall have been complied with: And provided, further, that all rights of infants and femmes covert to redeem from such sales, as provided by the revenue laws of this state, are hereby fully protected. Such deed from said commissioners to the purchasers shall be received in evidence in any court where the title or right of possession of said land shall be in question and shall be prima facie evidence that said commissioners complied with all the requisites of this act in making said sale.

$ 5. Said commissioners shall have power to make such Rules and regrules and regulations as they may deem necessary to carry

ulations.

out the object of this act. They may or may not, at their President and own discretion, elect one member of their own board as secretary. president, to preside over their deliberations. They shall elect one of their members as secretary, whose duty it shall be to keep a record account of all their proceedings, and a treasurer, whose duty it shall be to keep a correct account Treasurer. of all moneys paid in from taxation, amounts paid out, and all accounts of said company, and a collector, whose duty shall be to collect all taxes, as provided by this act, and report all taxes not collected, but which have been levied.

6. Said commissioners shall have power to fill any Vacancy. vacancy that may occur in their board from failure of any member to act, or from death, resignation, removal, or from any other cause, by appointing some other person to act, and fill such vacancy.

7. It shall be the duty of said commissioners to keep Repairs. said levee in good repair and condition at all times after the

Injury declared trespass.

same may be built, and for this purpose may levy such tax as may be necessary, subject to the provisions and restric

tions of this act.

§ 8. Any person who shall maliciously cut or otherwise injure said levee shall be deemed guilty of trespass, and, upon conviction of the same, shall be fined not less than fifty and not more than five hundred dollars. APPROVED February 24, 1859.

In force February 24, 1859.

fee bills.

AN ACT in relation to the issuing of Fee Bills.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That hereafter Time of issuing any clerk of any court of record in this state may, upon proper precipe filed in his office therefor, issue fee bills for costs, at any time, within eleven years after the rendition of the judgment or accruing of the right to issue the same; which fee bills shall have the same force and effect as if issued within the year next succeeding the judgment.

$ 2. This act shall take effect and be in force from and after its passage.

APPROVED February 24, 1859.

In force February 22, 1859.

AN ACT to declare the Illinois river a lawful fence in Grundy county.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the Illinois Illinois river river, from its formation, by the junction of the Des Plaines declared law and Kankakee, through the county of Grundy, to the west

ful fence.

Trespass.

side thereof, shall be considered and is hereby declared to be a lawful fence, and any animal or animals crossing said river, between said points, into fields or lands inclosed upon the other side, and adjoining the river, shall be considered trespassers, and the owner or occupiers of such land may bring an action of trespass against the owner of such animal or animals and recover the damages which said animals may do by entering such field or inclosure, as aforesaid, in the same manner that such owner or owners might do if said inclosure had, on the side next the river, a good and sufficient fence to turn ordinary cattle.

$2. This act shall take effect and be in force from and after its passage.

APPROVED February 22, 1859.

AN ACT to establish a Ferry across the Great Wabash river, at Grayville, In force FebruIllinois.

ary 21, 1859.

and M. M.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Samuel H. Martin and M. M. Doyle, of White county, and their S. H. Martin heirs and assigns, be and they are hereby authorized to Doyle, authorestablish, maintain and keep a ferry across the Great Wabash ized to establish ferry. river, between the mouth of Bon Pas creek, at the foot of North street, and for the space of one mile above and below the mouth of said creek, at or near the foot of said North street, in the town of Grayville, for and during the term and space of twenty-five years.

2. That the said corporators, Samuel H. Martin and Shall keep a M. M. Doyle, their heirs and assigns, shall, at all times, good boat. keep a good and substantial boat or boats, to be propelled by steain, horse power or oars, that may be necessary for the safe and speedy transportation of passengers, teams and other stock, as well as goods, chattels and effects, belonging to passengers; and shall furnish said boat or boats with men in number, with suitable strength and skill, to manage the same, and shall maintain, operate and manage the said ferry by this act established, to the exclusion of any and all persons or bodies corporate, for and during the term and space of twenty-five years, as aforesaid.

3. The said corporators, their heirs or assigns, shall Rates of ferrihave and receive for ferriage and transportation, such tolls age. and rates as are now or hereafter may be fixed by law or the county authorities in similar cases.

bilities.

4. The said ferry shall be conducted according to the Rights and liaprovisions of law relating to ferries; and the corporators, their heirs and assigns, shall be entitled to the same rights and subject to the same liabilities as the proprietors of other ferries.

& 5. And the said Samuel H. Martin and M. M. Doyle, Time of begincorporators, as aforesaid, shall commence operating the said ning. ferry by and within the space of six montlis, from and after

the passage of this act.

6. This act shall be in force from and after its passage. APPROVED February 21, 1859.