In force, Feb.[February] 16, 1838[1839].
AN ACT establishing ferries on school lands for the use of the inhabitants of townships.
1Ferry privileges granted.
Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That there shall be, and there is, hereby, granted to the inhabitants of the several townships in this State, the right of all ferry privileges, in all cases where the school land belonging
to the inhabitants of such township embraces a stream or water-course on either side
thereof, over which, from the establishment of any public
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road, it may be necessary to establish any ferry: Provided, That if the school land embraces only one side of such stream, so situated as aforesaid,
the said inhabitants of the townships, respectively, shall only have the one-half
of such ferry privileges.
Duty of school com’rs[commissioners].
Sec. 2. It shall be the duty of the school commissioner of each county, respectively, on
the first Monday in June, one thousand eight hundred and thirty-nine, and every two
years thereafter, to lease out, to the highest and best bidder, all such ferries as
may be so situated on the sixteenth section as aforesaid, and execute a lease therefor,
and take bond in such sum and with such security as he may deem proper; which lease
and bond shall be recorded in the recorder’s office of the county in which the ferry
may be; from the date of which recording, the lessee of any such ferry privilege shall
be considered as in possession, and entitled to the use of the ferry privileges since
granted, with the right to take and receive such toll as the county commissioners’ courts may prescribe.
Moneys how expended.
Sec. 3. The said school commissioner shall collect, annually, the amount of any rent
due and owning to the township to which such ferry or ferries may belong, and keep and pay and dispose of the same in the same manner as the interest of other
township funds are kept, paid out, and disposed of.
Com’r may lease.
Sec. 4. If any school land, to which there may attach any ferry privileges under the provisions
of this act, shall be situated partly in one county and partly in another, then, and
in such case, it shall be the duty of the school commissioner of that county in which
the largest portion of such school land may be situated to lease out the same as herein
before provided, and to dispose of the same as before directed.
Sec. 5. Whenever any school lands shall not be situated in the township to whose inhabitants
it belongs, and such township shall lie partly in one county and partly in another,
the duty of leasing or otherwise disposing of such school land shall devolve upon
the school commissioner of the county containing the greater number of legal voters
of such township.
Duty of school com’r.
Sec. 6. It shall be the duty of the school commissioner whose duty it may be, under the provisions
of this act, to lease any ferry privileges, to advertise the same, at least four weeks
previous to the regular day of leasing, as herein before mentioned, by advertisement,
in some public newspaper, or by written advertisements, posted up in four of the most
public places in their counties, respectively, of the time and place of such leasing;
and the leasing of all such ferries as are herein authorized shall always take place
at the county seats of the counties, respectively, in which such ferries may be situated.
School lands may be leased.
Sec. 7. The inhabitants of any township may cause a por-
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tion of their school lands to be leased, and another portion of said lands to be sold, in the mode prescribed
by law, if they shall deem the same expedient.
Sec. 8. Nothing in this act shall be so construed as to prohibit the people of any townships
from causing the sale of any portion of their school lands which, by the law now in
force, are subject to be sold.
Sec. 9. All necessary expenses incurred by the school commissioner, in advertising and
leasing or selling any school lands, as well as his compensation for his services
in the premises, shall be paid, out of the rents or interest of such school lands,
under the direction of the county commissioners’ court, if the township owning such school land is not incorporated, and under the direction
of the trustees of schools of the township, if the same is incorporated.2
Approved, February 16, 1839.
1The Senate passed a resolution on January 7, 1839, instructing the Committee on School Lands
and Education to explore the possibility of leasing ferries, bridges, and other similar
transportation utilities in sixteenth sections. The committee reported back on January
23 and William J. Gatewood introduced SB 128. The Senate amended the bill that same day. The Senate passed the bill on January
25. The House of Representatives passed the bill on February 13. The Council of Revision approved the bill on February 16 and the act became law.
Journal of the House of Representatives (Vandalia, IL: William Walters, 1838), 287, 322, 354, 390, 414; Journal of the Senate (Vandalia, IL: William Walters, 1838), 141, 212-213, 225, 322, 338, 349.
2The Senate passed an amendment adding the 9th section of this bill on January 23, 1839.
Journal of the Senate (Vandalia, IL: William Walters, 1838), 212.
Printed Document, 3 page(s), Laws of the State of Illinois, Passed by the Eleventh General Assembly (Vandalia, IL: William Walters, 1839), 120-22, GA Session: 11-1,