Sec:[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly,
That there shall be elected at the present session of the Legislature by the Joint vote of both Houses, Three prac-
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tical and skilfull Citizens of this State, to constitute a Board, to be known by the style and description of the “Board of Commissioners of the Illinois and Michigan Canal,” one of whom shall be designated as President, one as |
Treasurer, and one as the Acting Commissioner of said Board.
Sec 2. The Commissioners when so elected shall be a body corporate and politic, to be known by the Style and
description aforesaid, and by that name, style and description may contract and be
contracted with, in all matters relating to the progress and construction of the Illinois and Michigan Canal.
Sec: 3. All vacancies that may happen said Board during the recess of the Legislature, shall be filled by the Governor. When any vacancy is filled by the Governor, it
shall hold good until the place shall be filled by the Election of a Commissioner
by the Legislature either at a called or regular Session thereof.
Sec 4. Said Commissioners when elected, before entering upon the duties of their Office, shall take and Subscribe
the following oath, (viz;) “I do solemnly swear in the presence of Almighty God,
that I do not own land on or adjoining the Canal route, and that I am in no manner either directly or indirectly interested in any
land within ten miles of said contemplated Canal further than a common interest as a Citizen of this State, and that I will not buy or trade in any land on the route, or within ten
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miles of the same, during the time that I act as Canal Commissioner, and that I will faithfully discharge the duties of Canal Commissioner according to Law and the best of my abilities, So help me God.”
Sec 5. Said Commissioners when elected and qualified as is provided for by this Act, shall do and perform all
the duties that are required of Canal Commissioners in the Act to which this is an amendment, except as hereinafter provided, and shall
hold their office for two years, and until their successors are elected and qualified
to Office.
Sec 6. The Board of Canal Commissioners are hereby authorised and required to procure (Benjamin Wright Esquire, of the State of New York, or some other) competent and disinterested Civil Engineer, of known and acknowledged
skill in practical Canal Engineering, whose express duty it shall be, to examine into
the practicability, Cost, and probable time of completion, of that portion of the
Canal, lying between Chicago and Lockport according to its present proposed plan of construction.
Sec. 7. The said Engineer shall also make a critical and thorough examination of the practicability
of amply supplying with water, under all possible contingencies a Canal of the present
contemplated capacity, on the summit level plan, on said portion of Canal, if such a plan should hereafter be deemed advisable; and also to examine into the
Cost, and probable time of completing the same.
Sec: 8. The Board of Canal Commissioners, shall also
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cause the Illinois River, to be surveyed and examined, by the aforesaid examining engineer, from the Mouth
of the Little Vermillion River to the head of Lake Juliet, to determine the practicability and probable Cost of
constructing Slack-water navigation therein, adapted to Steam and other Boats.
Sec: 9. The said examining engineer shall make out and return to the Board of Canal Commissioners, under his oath or affirmation, a full and detailed report of all his proceedings,
under the provisions of this act; which report the said Board shall lay before the General Assembly at their next session; Whereupon the Legislature may change the present plan if it shall be deemed advisable.
Sec: 10. It shall be the duty of the Board of Canal Commissioners, to locate and construct a side cut Canal and outlet Lock, at Ottawa, as recommended by the Board of Canal Commissioners, in their annual report to the Legislature.
Sec 11. That for the purpose of inviting and promoting fair competition in the letting
of contracts, so much of the act to which this is a Supplement as requires the Board of Canal Commissioners to demand and receive Security from Contractors, for the execution of contracts,
be, and the same is hereby repealed; And the Board shall let all contracts to the lowest responsible bidders for the work, under such
regulations, and restrictions, to be fixed upon and published by the Board, as shall effectually ensure the punctual commencement, and faithful execution, progress,
and completion of the Contracts; and to protect the rights and interests of the State
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and to insure the faithful execution and completion of Contracts, shall retain in
their hands, during the progress of the work, at least fifteen per centum, and not more than thirty per-centum of the value of the work actually performed, until the full completion of the contracts.
Sec 12. Monthly estimates of the amount and value of the work executed, shall be made
out during the progress of the work, under the directions of the Board or principal engineer on the line; and upon such estimates being filed in the Office
of the Board, not less than seventy per-centum, nor more than eighty five per-centum, of said estimated value, shall be paid to the contractors, and the residue shall
be retained until the completion of the contract, as provided for in the foregoing
Sections. Provided, that this Section and the preceding Section shall not be construed
to apply to existing contracts, or to the bonds given under the same.
Sec: 13. The Commissioners to be elected under the provisions of this act shall severally execute Bonds in the
sum of ten thousand dollars, with such security as shall be approved by the Governor,
for the faithful discharge of their duties as Canal Commissioners in addition to which the Treasurer shall give bond in such sum and with such security
as shall be approved by the Governor for the faithful management, safe keeping and
disbursement of the Canal funds, that may at any time come into his hands.
Sec: 14. Every part of the act to which this is an amendment that does not conflict with
the provisions of this act,
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shall be and remain in full force, and govern the Commissioners to be elected under the provisions of this act, in their duties as Canal Commissioners, and so much of said former act as conflicts with this act is hereby repealed.
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No 181.
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a Bill for “an Act to amend “an Act entitled “an act for the construction of the Illinois and Michigan Canal.
Approved 9th Jany[January] 1836.
Approved 9th Jany[January] 1836.
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[02]/[24]/[1837]
[02]/[24]/[1837]
1st 2d & 3d amts concurd[amendments concurred] in
Residue laid on table
Residue laid on table
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[02]/[23]/[1837]
[02]/[23]/[1837]
Com[Committee] on Canal & Canal Lands
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[02]/[18]/[1837]
[02]/[18]/[1837]
Engrossed
Handwritten Document, 6 page(s), Folder 135, HB 144, GA Session 10-1, Illinois State Archives (Springfield, IL) ,