Papers Of Abraham Lincoln

In force 1st March 1837.

AN ACT to authorize Samuel Evans to build a toll bridge over Salt Creek.
1

S. Evans authorized to build a toll bridge & where.

May place a toll gate.

Rates of toll.

Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Samuel Evans his heirs and assigns, be, and they are hereby authorized to erect a toll bridge across Salt Creek in Sangamon county, on the north east quarter of the north east quarter, of section No. two, in township No. nineteen north, of range three west,2 near the crossing of the State road3 leading from Springfield by the way of Bloomington to Chicago, at either end of said bridge, the said Evans his heirs or assigns are hereby authorized to place a toll gate and ask, demand, and receive of all and every person or persons wishing to pass themselves or property over said bridge, the following rates of toll:— Every four wheeled carriage drawn by four or more horses, oxen or mules fifty cents; for every four wheeled carriage drawn by two horses, oxen or mules, twenty-five cents; for every dearborn, gig or other vehicle, drawn by one horse, twelve and one half cents; for each footman, six and one fourth cents; for each hog, sheep or goat, one cent; for each head of loose horses, mules, neat cattle, or asses, three cents.

When to commence building and when to finish.

Sec. 2. The said Samuel Evans, his heirs or assigns, shall commence the building of said bridge, within nine months, and have it so far completed within two years from af-

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ter the passage of this act, as to admit the safe passage of all persons and their property, over said bridge.

To keep bridge in repair.

Proviso.

Sec. 3. The said Samuel Evans, his heirs or assigns, shall at all times after the completion thereof, keep said bridge in good repair, and admit a speedy and safe passage to all persons, and their property over it, upon the receipt of the tolls as herein provided for, and if at any time the said bridge be suffered to remain out of repair, so that the same be dangerous or impassable, for the space of twelve months at any one time, the said bridge shall be forfeited, and thereafter belong to the county of Sangamon, Provided however, That the destruction of said bridge by fire, high water, or any other casualty, shall not work a forfeiture of privileges hereby granted, if the said Samuel Evans, his heirs or assings, shall immediately proceed to repair the same.

No other bridge to be built within ten years.

Sec. 4. No person shall within ten years after the completion of said bridge, build any other bridge, or establish any at which any toll shall be received within one mile above or below said bridge, provided that the said Evans, his heirs or assigns, shall keep the same in good repair for the term of ten years, according to the provisions of this act.

Ford not to be obstructed.

Sec. 5. If the said Samuel Evans, his heirs or assigns, shall at any time, or in any way obstruct the ford on said creek, where the before named State road crosses the same, or the road leading to, and from said ford, he or they shall forfeit and pay for every such offence, the sum of one hundred dollars, and three dollars for each day he or they shall suffer such obstructions to remain, which shall be recovered by an action of debt, in any court having competent jurisdiction thereof, one half of which shall go to the use of the person giving the information, and the other half to the use of Sangamon county. This act to be in force from and after its passage.4

Approved March 1st, 1837.

1On January 13, 1837, Job Fletcher in the Senate introduced the petition of various citizens of Sangamon County, relating to the building of a toll bridge across Salt Creek. The Senate referred the petition to a select committee. In response to this petition, Fletcher from the select committee introduced SB 160 in Senate the on February 6. The Senate passed the bill on February 9. On February 25, the House of Representatives passed the bill. On March 1, the Council of Revision approved the bill, and the act became law.
Illinois House Journal. 1836. 10th G. A., 1st sess., 531, 717, 768; Illinois Senate Journal. 1836. 10th G. A., 1st sess., 206, 351, 369, 373-74, 536, 572, 590.

2Located in what would become--in 1839--Logan County, southwest of Lincoln.

3State roads were those public roads established or designated by the General Assembly and usually crossed county lines. Only the General Assembly could establish, alter, or abandon state roads, until 1840 and 1841, when the General Assembly gave counties the authority to alter or to abandon state roads upon petition by a majority of voters in the area of the change.
An Act concerning Public Roads, sec. 9; An Act Authorizing Commissioners’ Courts to Alter, Change, and Relocate State Roads; An Act concerning Public Roads.

4In 1834, Samuel Evans had received a license to operate a ferry on Salt Creek. He replaced that ferry with the toll bridge. He eventually sold the bridge to Logan County.
Lawrence B. Stinger, History of Logan County Illinois (Chicago: Pioneer, 1911), 1:83, 144; History of Logan County, Illinois (Chicago: Inter-State, 1886), 195.