Papers Of Abraham Lincoln

In force 27th Feb.[February] 1837.

AN ACT to authorize John Haynes to build a toll bridge across the Skillet Fork.
1

Authorized to build a toll bridge.

To receive tol for twenty years.

Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That John Haynes of White county, be, and he is hereby authorised to build or erect a toll bridge across the Skillet Fork of the Little Wabash river, at the point where the road leading from Carmi to Fairfield, heretofore reviewed by William McHenry, John Crow, and Rigdon B. Slocumb, crosses the same,

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and shall receive the toll for passing the same, as herein provided for, for the term of twenty years, upon his complying with the requisitions of this act.

Bridge to be commenced in six months, & be completed within two years.
Navigation not to be obstructed

Sec. 2. The said John Haynes, shall commence the building of said bridge, within six months after the passage of this act, and shall have the same completed within two years, Provided, that it shall not be so constructed as to obstruct the navigation of said river, by flat or keel boats.2

Rates of toll.

County commissioners may regulate tolls.

Sec. 3. The rates of toll for passing over said bridge, shall be as follows: For every four wheeled carriage with four or more horses or oxen, fifty cents; for every four wheeled carriage with two or more horses or oxen, and not exceeding three, thirty-seven and a half cents; for every dearborn, waggon or gig, with one horse, eighteen and three fourth cents; for a man and horse, six cents; for a footman, five cents; for each loose horse ox or cow, three cents; and for each hog, sheep, or goat, one cent, Provided, the rates of toll herein allowed may hereafter be increased, diminished, or toll on other property be allowed by the county Commissioners Court of White county, in its discretion.

County may purchase.

Account of cost to be made out, sworn to and presented to clerk

Sec. 4. Whenever the county Commissioners Court of White county shall deem it expedient to purchase said bridge, and make it a free one, they shall have the right to do so by paying the said Haynes the original cost, with six per cent thereon; and it shall be the duty of said Haynes, upon the completion of said bridge, to make out an account of the cost of the same, and after having sworn to it, present it to the clerk of the county Commissioners Court of White county, to be filed and preserved in his office.

Speedy passage to be afforded on payment of tolls.

Who may pass free of toll.

Sec. 5. The said Haynes shall at all times afford a speedy passage over said bridge, to all persons and their property, on payment of the toll as herein allowed, Provided, that all persons, when going to, and returning from musters and elections, also all Grand and Petit jurors, when going to and returning from courts, and all persons when going to and returning from Divine worship, shall be allowed to pass free, themselves and horses.

Fine for not keeping in repair.

Proviso.

Sec. 6. If at any time said bridge shall be left out of repair for ten days together, the said Haynes shall forfeit and pay a fine of fifty dollars, to be recovered by action of debt, by any persons sueing for the same; one half to go to the use of the persons sueing, and the other to the county, Provided, that the destruction or injury of said bridge by fire and high water, shall not work such forfeiture, if the said Haynes shall proceed with reasonable diligence to repair the same. The said Haynes shall be author

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ized to place a toll-gate at either end of said bridge, and receive the tolls as herein allowed.

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

Approved 27th February, 1837.

1On February 8, 1837, John McCown introduced HB 194 in the House of Representatives. On Februray 15, the House passed the bill. On February 23, the Senate passed the bill. On February 27, the Council of Revision approved the bill and the act became law.
Illinois House Journal. 1836. 10th G. A., 1st sess., 478, 513-14, 599, 687, 725, 739; Illinois Senate Journal. 1836. 10th G. A., 1st sess., 445, 490, 494-495, 530-531.

2The Northwest Ordinance of 1787 established the principle of the free navigation of the Mississippi River and its tributaries, and river and steamboat interests frequently challenged the builders of bridges to maintain that right.
“An Ordinance for the Government of the Territory of the United States, North West of the River Ohio,” art. 4 (1787); Columbus Insurance Co. v. Peoria Bridge Co. (1854), Martha L. Benner and Cullom Davis et al., eds. The Law Practice of Abraham Lincoln, 2d ed. Springfield: Illinois Historic Preservation Agency, 2009.