Papers Of Abraham Lincoln

In force, Jan.[January] 29, 1840.

AN ACT to authorize Allen P. Hubbard to build a mill dam across Fox river.
1

Location of mill-dam on Fox river

Proviso

Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Allen P. Hubbard and his associates, heirs and assigns, be, and they are hereby authorized to construct and build a mill dam across Fox river, on sections twenty-seven and twenty-eight, township thirty-nine north, range eight east of the third principal meridian, in the county of Kane, to the height of six feet above low water mark: Provided, Said grant shall not be construed so as to prevent the State from improving said Fox River at that place, by dams, locks, or any other way, at any time hereafter, for the purpose of slackwater navigation, or otherwise: Provided, however, That said dam be not so constructed as to interrupt the free navigation of said river.

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Style & plan of dam

Sec. 2. The said dam shall be constructed with a down stream slope of two feet horizontal to one foot perpendicular rise; well and sufficiently planked over, for the purpose of allowing a safe passage to the descending trade of the said river, and during the continuance of said dam, said slope shall be kept in good repair.

Sec. 3. This act shall take effect from and after its passage.

Approved, January 29, 1840.

1On December 28, 1839, Senator William Stadden introduced SB 41 in the Senate, and the Senate referred the bill to the Committee on Internal Navigation. On December 31, the Committee on Internal Navigation reported the bill with an amendment, and the Senate concurred in the amendment. On January 3, 1840, the Senate passed the bill. On January 10, the House of Representatives passed the bill. On January 21, the Council of Revision vetoed the bill and returned it to the Senate with its objections. On January 23, the Senate repassed an amended version of the bill. On January 25, the House repassed the Senate’s latest amended version of the bill. On January 29, the Council of Revision approved the bill, and the act became law.
Illinois House Journal. 1839. 11th G. A., special sess., 126, 147, 236, 252; Illinois Senate Journal. 1839. 11th G. A., special sess., 64, 73, 80, 101, 104, 162, 168, 182, 183, 203-4.