Papers Of Abraham Lincoln

In force, Feb.[February] 23, 1839.

AN ACT to regulate public carriages and the law of the road.
1

Penalty for not turning out.

Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever any persons travelling with any carriages shall meet on any turnpike road or public highway in this State, the persons so meeting shall seasonably turn their carriages to the right of the centre of the road, so as to permit such carriages to pass without interfering or interrupting, under the penalty of five dollars for every neglect or offence, to be recovered by the party injured: Provided, This section shall not be construed to apply to any case unless some injury to persons or property shall occur by

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the driver of the carriage or wagon refusing to turn to the right of the beaten track; nor shall it be construed to extend to a case where it is impracticable, from the nature of the ground, for the driver of the carriage or wagon to turn to the right of the beaten track.

No driver shall be a drunkard.

Owner shall forfeit.

Penalty, how disposed of.

Sec. 2. No person owning any carriage, running or travelling upon any road in this State for the conveyance of passengers, shall employ, or continue in employment, any person to drive such carriage who is addicted to drunkenness or the excessive use of spirituous liquors; and if any such owner shall violate the provisions of this section, after he shall have had notice and reasonable proof that such driver is addicted to drunkenness, he shall forfeit at the rate of five dollars per day for all the time during which he shall thereafter have kept any such driver in his employment, to be sued for by any person, and collected in any court having competent jurisdiction. The penalty, when recovered, shall be for the use of the poor of such county, except that the court in which the recovery shall be had may allow a portion of said penalty, not exceeding twenty-five dollars, to be retained by such complainant as a compensation for his services and expenses.

Drunken driver to be discharged.

Forfeiture.

Sec. 3. If any driver, whilst actually employed in driving any such carriage, shall be guilty of intoxication to such a degree as to endanger the safety of the passengers in the carriage, it shall be the duty of the owner of such carriage, on receiving written notice of the fact, signed by any one of said passengers, and certified by him on oath, forthwith to discharge such driver from his employment; and every such owner who shall retain or have in his employ, within three months after the receipt of such notice, any driver who shall have been so intoxicated, shall forfeit at the rate of five dollars per day for the time during which he shall keep any such driver in his employment after receiving such notice, to be sued for and applied as directed in the last preceding section.

Shall not run horses.

Sec. 4. No person driving any carriage upon any turnpike road or public highway within this State, with or without passengers therein, shall run his horses or carriage, or permit the same to run, upon any occasion, or for any purpose whatever; and every person who shall offend against the provisions of this section shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined not exceeding one hundred dollars, or imprisoned not exceeding sixty days, at the discretion of the court.

Precaution for safety of passengers.

Driver shall forfeit.

Sec. 5. It shall not be lawful for the driver of any carriage used for the purpose of conveying passengers for hire, to leave the horses attached thereto while passengers remain therein, without first making such horses fast with a sufficient halter, rope, or chain, or by placing the lines in the hands of some other person, so as to prevent their running; and if any such driver shall offend against the provisions of this section,

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he shall forfeit for the use of the poor the sum of twenty dollars, to be recovered by action to be commenced within six months; and unless the amount of such recovery be paid forthwith, execution shall be immediately issued therefor.

Fine or imprisonment.

Sec. 6. The owners of every carriage running upon any turnpike road or public highway for the conveyance of passengers shall be liable, jointly and severally, to the party injured, in all cases, for all injuries and damages done by any person in the employment of such owners as a driver, while driving such carriage, to any person or to the property of any person; and that, whenever the act occasioning such injury or damage be wilful, negligent, or otherwise, in the same manner as such driver would be liable. Any driver of any mail stage coach, or any other vehicle for the conveyance of passengers, wilfully offending against the provisions of this law, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be imprisoned not exceeding four months, or fined not exceeding three hundred dollars.

Carriages used on road.

Sec. 7. The term carriage, as used in this title, shall be construed to include stage coaches, wagons, carts, sleighs, sleds, and every other carriage or vehicle used for the transportation of passengers and goods, or either of them.

Hackney coaches.

Sec. 8. Nothing contained in this act shall interfere with or affect any law concerning hackney coaches or carriages in any of the cities of this State, nor interfere with nor affect the laws or ordinances of any such city for the licensing or regulating such coaches or carriages. This act to be in force from and after its passage. Justices of the peace shall have jurisdiction in all cases arising under this act where the penalty does not exceed one hundred dollars.

Approved, February 23, 1839.

1On January 3, 1839, Representative Edward M. Daley introduced HB 102 in the House of Representatives. On January 4, the House referred the bill to a select committee. On January 10, the select committee reported the bill without amendment. On January 18, the House passed the bill. On February 6, the Senate referred the bill to a select committee. On February 6, the select committee reported the bill with several amendments. On February 9, the Senate passed the bill. On February 19,, the House concurred in the Senate amendments. On February 23, 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), 158, 167, 193, 220, 235-36, 252, 272, 274, 376, 443, 488, 495; 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), 221-222, 284, 288, 306, 393.