In force, Feb.[February] 12, 1839.
AN ACT to authorize Ezra Baker, jr. and Henry I. Mills to erect a mill-dam across the Little Wabash river.
1
Proviso.
Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Ezra Baker, jr. of Wabash county, and Henry I. Mills of Edwards county, be, and they are hereby, authorized to build a certain mill-dam across the Little Wabash river, on the west half of the northwest quarter section number seven, township number
one south, of range number ten east, in Edwards county,2 not exceeding eight feet in height above the head of the stream: Provided, That the dam authorized to be erected by this act shall not interfere with or impede
the improvement of the navigation of the Little Wabash, as contemplated by the “Act to establish and maintain a general system of internal improvement.”3
Dam how to be constructed.
Sec. 2. The said dam shall be constructed with a downstream slope, of two feet horizontal
to one foot perpendicular rise, well and sufficiently planked over, for the purpose
of allowing the safe passage of the descending trade of the river; and during the continuance of the said dam, said slope shall be kept in good repair.
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Lock, sluice.
Sec. 3. The State of Illinois reserves the right of constructing a lock, sluice, or other device, for the passage of the trade of the river around or over the site of the said dam, whenever it may be deemed advisable so to
do for the improvement of the navigation of the said river, free from charge, for the right of way, by the said Baker and Mills, their successors and assigns.
Approved, February 12, 1839.
1Alan Emmerson introduced HB 106 to the House of Representatives on January 5, 1839. The House referred it to the Committee on Internal Improvements
on January 7. The committee reported back the bill on January 12, recommending rejection,
and the House referred the bill to a select committee. The select committee reported
back the bill on January 15 with amendments, in which the House concurred. On January
18, the House passed the bill as amended. The Senate referred it to the Committee on Internal Improvements on January 22. The committee
reported back the bill on January 24 with an amendment, in which the Senate concurred.
On February 4, the Senate passed the bill as amended. The House concurred in the Senate
amendment the next day. The Council of Revision approved the bill on February 12 and the act became law.
Illinois House Journal. 1838. 11th G. A., 1st sess.,
175, 181, 202, 213, 225, 236, 344, 349, 385, 392; Illinois Senate Journal. 1838. 11th G. A., 1st sess., 190-191, 207, 217, 272, 285, 313.
3On January 24, 1839, the Senate amended the bill by passing the proviso. Section eighteen, sub-section five, of the internal improvement act appropriated $50,000 for the improvement of navigation on the Little Wabash.
Illinois Senate Journal. 1838. 11th G. A., 1st sess., 217.
Printed Document, 2 page(s), Laws of the State of Illinois, Passed by the Eleventh General Assembly (Vandalia, IL: William Walters, 1839), 117-18, GA Session: 11-1,