Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly That Willis Hargrave and James Green, and such other person or persons as they may associate with them and their heirs and assigns be and they are hereby authorised to erect and establish a grist and saw mill at and in connection with the dam and lock which they are now building on the Saline river, at the place commonly known and called the Big Ripple, and to keep, use, occupy and enjoy the same for the space of twenty years from and after the passage of this act: but the grant made in the preceding part of this section shall not avail the grantees thereof so as to injure the navigation of said Saline river, and shall be understood to extend no farther than to authorise them to use so much water as may be at any time over and above that quantity required for ordinary navigation.

Sec. 2. The said James Green, Willis Hargrave and their associates or assigns, in consideration of the grant of privilege in the foregoing section, shall during the space of twenty years from and after the passage of this act, or at least from and after the completion of the lock and dam on the said Saline river, during the remainder of the said twenty years, keep in good repair and condition, the dam and lock at the place called the Big Ripple on said river, and keep good, able, and sufficient hands and assistance at all reasonable hours and times, and to permit, aid, and assist all boats and other vessels to pass up and down, through and by way of said lock free of toll and without any let, hindrance or delay, unless the said delay be caused by unavoidable accident, but not by negligence.

Sec. 3. That for and in consideration of the privileges granted in the first section of this act, so soon as the other lock and dam now erecting at the lower ripple upon said Saline river, shall be completed and ready for use, it shall be the duty of the said James Green, Willis Hargrave, their associates and assigns to keep the same in like good repair and condition, as the lock and dam mentioned in

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the second section of this act, and keep, at all times, good and sufficient aid and hands to permit and assist boats and other vessels navigating the said river to pass up and down the same.

Sec. 4. That the said James Green, Willis Hargrave and their associates and assigns may demand and receive of and from all boats, and other vessels navigating the said river and passing the said lock at the lower ripple as mentioned in the third section of this act, such toll and compensation as the county commissioners court of Gallatin county may from time to time fix, ordain and establish, and the said county commissioners court are hereby authorised and required to fix and establish such toll and compensation from time to time, and the said court in fixing the rates of toll as aforesaid shall not, in fixing such rates, allow a greater rate on account of the probable expense of keeping up and repairing the said locks and dams, but shall fix the same with reference to a just compensation for aiding and assisting boats and other vessels passing up and down said river.

Sec. 5. That so soon as the said James Green and Willis Hargrave, their associates or assigns, shall erect said water and saw-mill at the Big Ripple as aforesaid, the obligations and provisions of this act shall take effect and be binding upon them or any or all of them: and if the said James Green, Willis Hargrave, their associates or assigns shall fail to comply with the requisitions of this act, according to its true intent and spirit, the privileges herein granted shall be from henceforth forfeited, and the same as well as the tolls on the said lock at the lower ripple shall enure to the use of the county of Gallatin.

Sec. 6. That so soon as the said Willis Hargrave and James Green, or their associates or assigns shall accept the privileges granted by this act with the conditions herein imposed, they shall, under their proper hands notify the county commissioners court of Gallatin county of such, their disposition, and the same shall be by said court at their next term, entered on the records of said court.

Sec. 7. That the commissioners appointed by the second section of an act entitled “an act relating to the Gallatin Saline and the lands belonging to the same,” approved, January 16th, 1836, and their successors in office shall make a full and complete report to the legislature and to the county commissioners court of the county of Gallatin, of their actings and doings by virtue of the said act, and whenever a vacancy shall occur in said office, it shall be the duty of the county eommissioners court to fill the same.

Sec. 8. That any commissioner who has in his hands

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any money of the fund appropriated by the act of January 16th, 1836, as aforesaid, without its having been applied to the objects thereby designated, shall place the same under the control of the board of commissioners in the bank of Illinois or place required by said act, and upon failure to do so, any one of the board is hereby authorised to bring suit in his own name as such commissioner, for such money so illegally detained, and the acts and doings and contracts and agreements in relation to the letting the work for the improvement of the Saline, made, done, and entered into concerning the same in pursuance of law, are hereby confirmed and made valid, and they shall also be empowered to sue and be sued, defend and be defended against, in any court having jurisdiction of the subject matter of the suit brought; Provided, that nothing herein contained shall be so construed as to operate in any way, on any appropriation heretofore made out of the proceeds of the sales of the Saline lands to any other county or object than that of the appropriation to the improvement of the Saline river, in Gallatin county.

Approved, 4th March, 1837.