In force Jan.[January] 27, 1840.
AN ACT to authorize J. A. Clark to build a bridge across the Pickatonica.
1Location of
Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That John A. Clark, his heirs and assigns, be, and they are hereby authorized to build and keep, for
the term of twenty years, from the passage of this act, a toll bridge across the Picatonica river, in township No. twenty-seven north, of range No. eight east, at and opposite the
town of Freeport, in Stephenson county, Illinois: Provided, said bridge shall not interfere with the navigation of said river.
When commenced
Sec. 2. The said John A. Clark, his heirs or assigns, shall commence the building of said bridge, within one year, and complete said bridge within four 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.
Rates of toll
Sec. 3. After said bridge shall be complete, the said John A. Clark, his heirs or assigns, are hereby authorized to place a toll gate on either end of
said bridge, or elsewhere, where he or they may demand of all and every person passing
said
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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, cattle, mules, or asses, three cents; and three cents for each footman.
Bridge out of repair to accrue to county
Proviso.
Sec. 4. The said John A. Clark, 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 impassible
for the space of six months at any one time, the said bridge shall accrue to the county
of Stephenson: Provided, however, That the destruction of said bridge by fire, high water, or other casualty, shall
not work a forfeiture of the privileges hereby granted; but said Clark, his heirs or assigns, shall proceed immediately to repair the same.
Commissioners of county may purchase bridge
Value of same
County commissioners or citizens may build a free bridge
Proviso
Further proviso
Sec. 5. When the commissioners of the county of Stephenson deem it expedient to purchase said bridge, they shall have the right to do so, by paying the said Clark, his heirs or assigns, the value of said bridge, in current money of the United States,
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; or if the commissioners of said county will proceed without delay and build a free bridge at the place aforesaid, or if
the people of said county, or any number of them, will proceed without delay, and build a free bridge across the Pickatonica river, at the place aforesaid, and have the same completed within one year from and after
the passage of this act, they shall have the power to do so under this act, and the
said bridge, when so completed, shall be and remain open and free for all persons,
and their property wishing to cross the same, and shall be and remain a free bridge
to all intents and purposes: Provided, That if the said free bridge when so completed, shall remain out of repair for six
months at any one time, the privileges hereinbefore granted to John A. Clark shall be revived, and he may proceed to the erection of the toll bridge aforesaid,
the same as if no bridge had been erected by the coommissioners, or the people aforesaid: Provided, further, that casualties, or high water, or otherwise, shall not work a forfeiture to the
people of said county, or commissioners hereinbefore offered to them, but they may proceed immediately
to repair the same.
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 John A. Clark, his heirs or assigns, double the amount of such injury or damage, to be recovered
before any justice of (the) peace having jurisdiction of the same.
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Bridge deemed public highway
Sec. 7. 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.
Approved, January 27, 1840.
1On December 26, 1839, Senator George W. Harrison introduced SB 33 in the Senate, and the Senate referred the bill to the Committee on the Judiciary. On December
28, the Committee on the Judiciary reported the bill with several amendments, and
the Senate concurred in those amendments. On January 13, 1840, the House of Representatives passed the bill. On January 27, 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 Called Session, Begun and Held at Springfield, December 9, 1839 (Springfield, IL: William Walters, 1839), 126, 146, 164; Journal of the Senate of the Eleventh General Assembly of the State of Illinois, at
Their Called Session, Begun and Held in Springfield, December 9, 1839 (Springfield, IL: William Walters, 1839), 8, 63, 80, 114, 174, 184.
Printed Document, 3 page(s), Laws of the State of Illinois, Passed by the Eleventh General Assembly, at their Special Session (Springfield, IL: William Walters, 1840), 26-28, GA Session: 11-S,