Papers Of Abraham Lincoln

In force, Feb.[February] 21, 1839.

AN ACT to build a bridge across Fox river, at Ottawa.
1

Persons to build bridge.

Sec. [Section]1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That William E. Armstrong, his heirs and assigns, be, and they are hereby, authorized to build a toll-bridge across Fox river, in township thirty-three north, of range three, east of the third principal meridian, by or between the aqueduct crossing said river

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and the junction of the Fox and Illinois rivers, at the town of Ottawa, in La Salle county, and State of Illinois, Provided, Said bridge shall not interfere with the aqueduct or the navigation of Fox river.

Time to commence and complete.

Sec. 2. The saidWilliam E. Armstrong , his heirs or assigns, shall commence the building of said bridge within two years, and complete said bridge within five years from and after the passage of this act. Said bridge shall be built in a good and substantial manner, so as to give a safe and easy passage to all persons, and their property, wishing to cross the same.

Toll-gate.

Rates of toll.

Sec. 3. After said bridge shall be completed, the said William E. Armstrong, his heirs or assigns, are hereby authorized to place a toll-gate on either end of said bridge, or elsewhere, when he or they may demand, of all and every person passing said bridge, the following rates of toll, to wit: For each two-horse wagon, drawn by two horses or one yoke of oxen, twenty-five cents; for each additional pair of horses or yoke of oxen, twelve and a half cents; for each one-horse wagon or carriage, eighteen and three-fourth cents; for each man and horse, twelve and a half cents; for each head of hogs, sheep, or goats, one cent; for each head of horses, mules, asses, or cattle, three cents; and three cents for each footman.

To be kept in repair.

Proviso.

Sec. 4. The said William E. Armstrong, his heirs or assigns, shall, at all times after the completion of said bridge, keep the same in good repair, and allow a speedy passage; and if at any time the bridge be kept out of repair, so that the same be impassable for the space of six months, at any one time, the said bridge shall accrue to the county of La Salle, Provided, however, That destruction of said bridge by fire, high water, or other casualty, shall not work a forfeiture of the privileges hereby granted; but the said Armstrong, his heirs or assigns, shall proceed immediately to repair the same.

Com’rs[Commissioners] may purchase.

Sec. 5. When the commissioners of the county of La Salle deem it expedient to purchase said bridge, they shall have the right to do so, by paying the said Armstrong, his heirs or assigns, the value of said bridge; which value shall be ascertained by the valuation of three disinterested appraisers, to be appointed by said court, who shall be sworn to a faithful and impartial discharge of their duties as such appraisers.

Forfeiture for injury done to bridge.

Sec. 6. If any person or persons shall wilfully do, or cause to be done, any injury to said bridge, the person or persons so offending shall forfeit and pay the said William E. Armstrong, his heirs or assigns, double the amount of such injury or damage, to be recovered before any court having jurisdiction of the same.

Sec. 7. The said William E. Armstrong, his heirs or assigns, shall be entitled to purchase, hold, and convey, so

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much real estate as may be necessary to construct the aforesaid bridge and erect a toll-house, or whatever may be necessary for the use and purposes of said bridge.

Sec. 8. For building or raising the bridge, no timber, stone, or materials, shall be placed upon ground, or in such a situation, as to be in the way of, or interfere with, the work progressing on the Illinois and Michigan canal, or any work connected therewith.

Deemed public highway.

Sec. 9. The said bridge shall be deemed a public highway, within the meaning of the laws providing for the punishment of persons injuring, obstructing, or destroying public bridges, in any manner, or by any means whatever. This act to be in force from and after its passage.

Approved, February 21, 1839.

1On January 15, 1839, Senator William Stadden introduced SB 79 in the Senate. On January 18, the Senate referred the bill to a select committee. On January 18, Stadden of the select committee reported the bill with several amendments. The Senate concurred in those amendments and the bill was laid on the table. On January 22, the Senate agreed to several amendments to the bill offered by Senator Stadden. On January 25, the Senate passed the bill. On February 1, the House of Representatives referred the bill to the Committee on Internal Improvements. On February 6, the Committee on Internal Improvement reported the bill with an amendment, which the House concurred in. On February 13, the House passed the bill. On February 19, the Senate concurred in the House amendment. On February 21, the Council of Revision approved the bill and the act became law.
Journal of the House of Representatives of the Eleventh General Assembly of the State of Illinois, at Their First Session, Begun and Held in the Town of Vandalia, December 3 1838 (Vandalia, IL: William Walters, 1838), 286, 322, 354, 391, 453, 471;Journal of the Senate of the Eleventh General Assembly of the State of Illinois, at Their First Session, Begun and Held in the Town of Vandalia, December 3, 1838 (Vandalia, IL: William Walters, 1838), 171, 185, 187-188, 205, 225-226, 327, 354, 381.