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In force Feb. 26, 1841.

May machinery.

SEC. 9. And the goods, chattles, lands and effects of such company shall be subject to taxation, as similar property of individuals may under the laws of this State.

SEC. 10. Said corporation shall continue for twenty years fron and after the passage of this bill and no longer. Approved, February 17, 1841.

An ACT to amend an act creating the Exeter Manufacturing Company.

SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the Exeter Manubuild facturing Company shall have power to erect machinery and manufacture cotton yarn and cotton goods, hemp and cotton bagging, rope and bricks, and the stockholders of said company shall have the power and privilege of any natural person in the exercise of their business powers.

Approved, February 26, 1841.

In force, Feb. 17, 1841.

Location.

Heighth.

Proviso.

An ACT to authorize James M. Strode to build a dam across Fox River.

SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That James M. Strode, his heirs and assigns, be, and he is hereby authorized to construct and build a mill-dam across Fox river at and on the east fraction of the north-west fractional quarter of section number three, in township number forty-two north, of range number eight east, of the third principal meridian, in the county of Kane, to the heighth of not exceeding five feet above low water mark: Provided, That said grant shall not be construed so as to prevent the State from improving said Fox river at that place, by dams, locks, or in any other mode, at any time hereafter, for the purpose of slack-water navigation or otherwise. This act to be in force and take effect from and after its passage.

Approved, February 17, 1841.

In force, Feb. 18, 1841.

An ACT to amend an act entitled "An act to authorize Daniel F. Hitt to build a mill-dam.

SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the act approved Part of act a March the second, one thousand eight hundred and thirty

mended..

nine, entitled "An act to authorize Daniel F. Hitt to build a
mill-dam," and to which this is amendatory, shall be so far
amended and altered as to read in "township thirty-three
north," instead of "twenty-three north," as mentioned in said
act.
Approved, February 18, 1841.

An ACT to provide for draining mill-dams on the Mackinaw Creek.

In force, Feb.

19, 1841.

SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all and every proprietor or proprietors, owner or owners of lands ou either Flood gates. side of the Mackinaw creek, in McLean county, in this State, or any water grist mill or saw mill or any other machinery which is now erected thereon, or which may be hereafter erected thereon, above the mouth of Money creek, shall and they are hereby required to cause to be crected or constructed in their mill-dams a flood gate or gates, in such manner as will drain all the water out of such dam or dams.

Proviso.

SEC. 2. And such proprietor or proprietors, or mill Gates to be owners, are hereby required to keep open such flood gate or kept open. gates at all times of low water when there is not a sufficient quantity of water in said Mackinaw creek for propelling said mills or machinery: Provided, nevertheless, Such proprietors or mill owners shall not be required to erect such flood gate or gates, unless individuals in the neighborhood respectively requiring the same shall defray or cause to be defrayed the necessary expense attending the erection of the same: Provided, further, That when three or more persons of the neigh- Furt borhood shall notify such proprietor or proprietors or mill owners to have such gate or gates erected, they shall give bond to such proprietor or proprietors for the payment of the cost of erecting the same, with good and sufficient security, which said bond and security shall be approved by the clerk of the county commissioners' court for the county in which the premises are situated.

Further

Bond

pro

to be

Forfeiture.

SEC. 3. Be it further enacted, That such proprietor or pro- Refusal. prietors, owner or owners, of such mill or mills who shall refuse or neglect to erect such flood gate or gates, as is herein required within ninety days after he, she or they shall have been notified of the execution and approval of such bond and security as above provided, shal! forfeit and pay the sum of two hundred dollars, to be recovered in an action of debt by any person who may sue for the same, in any court having jurisdiction thereof; and half the amount so recovered shall be paid into the county treasury of the county in which the premises are situated, and the other half to the person suing for the same; and also, such proprietor or proprietors, owner or owners, occupant or occupants, of such mill or mills, or other machinery, who shall refuse or neglect Further forto keep open such flood gate or gates as is herein required, feiture. shall forfeit and pay the sum of ten dollars for every twentyfour hours that he, she, or they may neglect the same, to be recovered before any justice of the peace, for the use of the person suing for the same.

after its passage.

This act to be in force from and

Approved, February 19, 1841.

In force Feb. 24, 1841.

Persons

build

dam.

Proviso.

Damages.

Jury.

Fees.

to

An ACT to authorize the erection of a mill-dam across Rector's Fork of the Saline, in Gallatin county.

SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That John Douglass, mill and Eli Vickers, their heirs and assigns, are hereby authorized to build a mill-dam across Rector's Fork of the Saline, in Gallatin county, on the north-east fourth of the north-east quarter of section twenty-eight, in township seven south, range seven east: Provided, Said land as above described shall belong to the said Douglass and Vickers: Provided, also, That if any person or persons shall sustain any loss or damage by the water overflowing any land or any other property whatever, occasioned by the construction of said milldam, then and in that case, the said Douglass and Vickers shall be accountable and pay to all such person or persons as may be damaged thereby, which damage shall be ascertained and assessed by a jury of six good and lawful men, freeholders of the district in which the said damage may accrue.

1

SEC. 2. The jury shall be summoned by the sheriff or any constable of said county, or they may be mutually chosen by the parties concerned, and sworn by some justice of the peace of said county.

SEC. 3. Said jury may be sworn by the officer so summoning them, and the jury after being sworn as aforesaid, shall be governed in all respects as to the assessment of the damage, and their duties otherwise as jurors, are in the act regulating mills and millers, approved, February the ninth, one thousand eight hundred and twenty seven.

SEC. 4. The sheriff or constable and the jury shall receive fees in the same manner as are allowed in similar cases. This act to be in force from and after its passage.

Approved, February 24, 1841.

In force Feb. 24, 1841.

Location.

Heighth.

Proviso.

An ACT to authorize Lester Barker, Alanson House and their associates to build a mill-dam across Fox River.

SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Lester Barker, Alanson House and their associates, be, and they are hereby authorized to construct, build and continue a mill-dam across Fox river at or near the head of the Big Woods, in the county of Kane, between the lands held by them, to the heighth of seven feet above low water mark; also, another dam across a slough within three-fourths of a mile below the above mentioned dam, on the west side of said river, between lands held by them, to the heighth of eight feet above the surface of the slough: Provided, Said grants shall not be construed so as to prevent the State from improving said Fox river at those places by dams, locks, or in any other way, at any time

hereafter, for the purpose of slack water navigation or
otherwise. This act shall take effect from and after its pas-
sage.
Approved, February 24, 1841.

An ACT to authorize Joseph Chaffin and Christian Casebeer to build a milldam across the Kaskaskia River.

In force Feb. 23, 1841.

Persons

SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Joseph Chaffin and Christian Casebeer, their heirs or assigns, are hereby author-thorized ized to erect a mill-dam across the Kaskaskia river on the build dam. north-east quarter of section twenty-eight, in township seven north, range one east, in the county of Fayette.

SEC. 2. Said Joseph Chaffin and Christian Casebeer, are Heighth. further authorized to build said mill-dam eight and one half feet high, and in order to secure the benefit of this act shall have said mill-dam completed and a mill in operation in three years from the passage of this act.

Approved, February 24, 1841.

au

to

An ACT to authorize Solomon Husalton to build a dam across Little Wabash River, and for other purposes.

In force Feb.

26, 1841. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Solomon Husal- Location. ton be, and he is hereby authorized to build and continue a mill-dam across the Little Wabash river, on the south-west quarter of section number twelve, in township number two north, of range eight east, of the third principal meridian, in Clay county.

SEC. 2. The said dam shall not exceed eight feet in Heighth. heighth from the bed of the stream, and shall be constructed with a down stream slope with a base of at least two horizontal to each perpendicular foot, and shall be well and sufficiently planked and kept in repair, so as to allow the safe passage of the descending navigation of the said river.

lock.

SEC. 3. The State hereby reserves the right of construct- State ing a lock, cut, sluice or other device, for the transit of the construct trade on the river, over, around or near the site of the said dam, whenever it may be deemed advisable by the Legislature for the improvement of the navigation of said river, without any charge or cost to the State for the right of way by the said Husalton, his successors or assigns: Provided, Proviso. The said Solomon Husalton, his heirs or assigns, shall be the owner of the lands on both sides of said river where the said

dam shall be built.

SEC. 4. Be it further enacted, That Frederick B. Brock- Location. ett, of Effingham county, be, and he is hereby authorized to build and continue a mill-dam across the Little Wabash river

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on the east half of the south-west quarter of section number eight, township number six north, range number six east, of the third principal meridian, in Effingham county; the said dam shall not exceed eight feet high from the bed of the stream, and shall be constructed so as to allow of the safe passage of the descending navigation on the said river. The third section of this act shall be applicable in all respects to the powers and privileges hereby granted.

Approved, February 26, 1841.

In force Feb. 27, 1841.

Person authorized to build

dam.

Heighth.

Proviso.

Person autho

dam.

An ACT in relation to certain mill-dams on Big Muddy, in Jasper and
Clay counties.

SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That William Lewis, be, and he is hereby authorized to build and continue a mill-dam across the Big Muddy fork of the Little Wabash river, on the north-west quarter of the south-east quarter of section. twenty, township five, range eight, east of the third principal meridian, in the county of Jasper. The said dam shall not exceed eight feet in heighth from the bed of the stream where said dam shall be built: Provided, Said Lewis shall be the owner of the lands on both sides of said stream, where said dam is to be built.

SEC. 2. Be it further enacted, That John Ditter, be, and he rized to build is hereby authorized to build and continue a mill-dam across the Big Muddy fork of the Little Wabash river, on the northeast quarter of section seven, township four north, range eight east in the county of Clay. The said dam shall not exceed eight and a half feet from the bed of the stream; and shall be constructed with a down stream slope, with a base of at least two horizontal to each perpendicular foot, and shall be well and sufficiently planked and kept in repair: Provided, The said John Ditter, his heirs and assigns, shall be the owners of the land on both sides of said river.

Proviso.

Noah Levett may build dam.

Heighth.

Proviso

H. Yates may build dam

SEC. 3. Be it further enacted, That Noah Levett be, and he is hereby authorized to build and continue a mill-dam across the Big Muddy fork of Little Wabash river, in section twenty-two, township four, range eight east of the third principal meridian, in the county of Clay. The said dam shall not exceed seven feet in height from the bed of the stream, and shall be constructed with a down stream slope, with a base of at least two horizontal to each perpendicular foot, and shall be well and sufficiently planked and kept in repair: Provided, The said Noah Levett, his heirs or assigns shall be the own er of the land on both sides of the river where said dam shall be built.

SEC. 4. Be it further enacted, That Howard Yates be, and he is hereby authorized to build and continue a mill

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