In force March 2d, 1837.
AN ACT to authorise Benjamin Kellogg Jr. to erect a toll bridge over the Mackinaw River, in Tazewell county.
1Benjamin Kellogg &c.[etc.] to erect a toll bridge.
May place a toll gate.
May demand toll.
May demand toll.
Toll to be fixed by county commissioners.
Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That Benjamin Kellogg Jr., his heirs or assigns be, and they are hereby authorised to erect a toll bridge across the Mackinaw River in the county of Tazewell, at or near Woodrow’s mill in said county; at either end of said bridge, the said Kellogg, his heirs or assigns, are hereby authorized to place a toll gate, where he or they
may ask, demand and receive of every person passing over said bridge the rates of tolls which
may be from time to time fixed by the county commissioners court of the county of Tazewell.
Time of commencement.
Time of completion.
Sec. 2. The said Benjamin Kellogg his heirs and assigns, shall commence the building of said bridge within nine months, and have it so far
completed within twenty months from and after the passage of this act, as to admit
the safe passage on the same, of persons, waggons, teams, cattle &c.[etc.] &c.
Shall keep in repair.
If left out of repair.
Forfeited.
Forfeited.
Proviso.
Sec. 3. The said Benjamin Kellogg Jr., his heirs and
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assigns, shall at all times after the completion of said bridge, keep the same in good repair
and allow a speedy passage to all persons and their property over it, upon the receipt
of the tolls in such cases allowed as is herein provided; and if at any time the said bridge be left out of repair, so that the same shall
be impassable for the space of two months at any time, the said bridge shall be forfeited
and become the property of the county of Tazewell; Provided however, that the destruction of said bridge by fire, high water or other casualty
shall not work a forfeiture of privileges hereby granted; but the said Benjamin Kellogg Jr., his heirs or assigns shall proceed immediately to repair the same.
County com. of Tazewell may purchase bridge
Duty of Kellogg.
Vouchers.
Sec. 4. Whenever the county commissioners of said county of Tazewell shall deem it expedient to purchase said bridge, they shall have the right to do
so, by paying to the said Kellogg, his heirs or assigns, the original cost of erecting said bridge, with ten per centum per annum interest of said original cost; and for the purpose of enabling the county commissioners to make said purchase, it shall be the duty of the said Benjamin Kellogg Jr., his heirs or assigns, to file with the clerk of the county commissioners court of said county, such vouchers as shall be deemed sufficient by the commissioners to ascertain the original cost of erecting said bridge.
If ford is obstructed forfeit.
Sec. 5. If the said Benjamin Kellogg, his heirs or assigns, shall at any time obstruct the ford on said river at or near the said bridge, in any manner, he or they so offending shall forfeit
and pay the sum of one hundred dollars for every such offence, to be recovered by action of debt in any court having competent jurisdiction thereof,
one half of which shall go to the use of the person informing and the other half to
the use of the county of Tazewell.
County com may tax.
Sec. 6. That the county commissioners shall have the right and full power to levy a tax on said bridge in manner provided
in the act to provide for the establishment of ferries, toll bridges and turnpike
roads, approved February 12th, 1827.2
Proviso.
Sec. 7. This act shall not authorise the said Benjamin Kellogg jr., his heirs or assigns, to erect a toll or other bridge across the said Mackinaw river, Provided the erection of said bridge shall in any way interfere with, hinder, damage, or
obstruct the mill and mill dam heretofore built on and across said river by Jacob Peters and Hugh and William Woodrow, and known as Woodrow’s mills.3
Sec. 8. This act shall take effect and be in force from and after is passage.
Approved March 2, 1837.
1On February 2, 1837, Robert Stuart in the House of Representatives presented the petition of citizens of Tazewell County, requesting a toll bridge across the Mackinaw River. The House referred the petition to a select committee. In response to this petition,
Stuart from the select committee introduced HB 168 in the House on February 3. The House referred the bill to a select committee. The
select committee reported back the bill on February 9 with an amendment, in which
the House concurred. On February 18, the House passed the bill as amended. On
February 23, the Senate amended the bill by filling in the blank with the name “Benjamin Kellogg, jr.” The Senate passed the bill as amended on February 24. On February 28, the House
concurred in the Senate amendment. On March 2, the Council of Revision approved the bill, and the act became law.
Illinois House Journal. 1836. 10th G. A., 1st sess., 446, 462, 535-36, 639, 696, 762, 792, 806; Illinois
Senate Journal. 1836. 10th G. A., 1st sess., 463-64, 501, 511, 589.
2Section fourteen of the act empowered the respective county commissioners courts to levy an annual tax of between two and one hundred dollars on all ferries, toll
bridges, and turnpike roads.
The Revised Code of Laws, of Illinois (1827), 226.
Printed Document, 2 page(s), Laws of the State of Illinois, Passed by the Tenth General Assembly (Vandalia, IL: William Walters, 1837), 36-37, GA Session: 10-1