Papers Of Abraham Lincoln

In force Feb.[February] 9, 1835.

AN ACT to prevent trespassing on the Canal Lands of this State.
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Penalty for such trespasses.

Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That hereafter, if any person or persons shall, without legal authority, go upon the Canal lands belonging to this State, and there cut, fell, box, or in anywise destroy any tree or trees or other timber, standing or lying on said Canal land, or carry or haul

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away any stone or coal from said lands, shall, upon indictment, be fined in any sum not exceeding one hundred dollars for each offence.

Duty of sheriffs and other officers in relation thereto.

Sec. 2. It shall be the duty of every sheriff, coroner, constable and justice of the peace in the counties of this State, where the aforesaid lands lie, to take notice of, and present all and every person so offending, to the next grand jury of their respective counties in which the said offence or offences against the first section of this act, has been committed.

Of prosecuting attorney.

Sec. 3. It shall be the duty of the prosecuting attorney in the sixth judicial circuit of this State, to cause this act to be given in charge to the respective grand juries, (in the counties in which said lands are situated,) whose duty it shall be to inquire into, and make presentments of all persons who may have violated the provisions of this act.

This act to be in force from and after its passage.

Approved, Feb. 9, 1835.

1On January 15, 1835, John Blackstone, Richard J. Hamilton, Gurdon S. Hubbard, and Henry Moore of Cook County wrote Governor Joseph Duncan expressing concern that trespassing and theft of timber from state-owned lands earmarked for the Illinois and Michigan Canal would depreciate their value and inhibit construction of the canal. On January 17, Governor Duncan sent this communication and one of his own requesting laws to punish trespassers on Illinois and Michigan Canal property. The House of Representatives referred the communications to the Committee on Internal Improvements. John Dawson from that Committee introduced HB 142 in the House on January 22. The House passed the bill without amendment on January 26. The Senate passed the bill without amendment on January 31. On February 9, the Council of Revision approved the bill and the act became law.
Illinois House Journal. 1835. 9th G. A., 1st sess., 314-15, 347, 377, 384, 465, 498, 513; Illinois Senate Journal. 1835. 9th G. A., 1st sess., 332, 347, 356, 392, 453, 455, 474; Illinois House Journal. 1835. 9th G. A., 2nd sess.,410.