Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Sherland Rose and Andrew C. Swan, and their associates, and successors, are hereby authorized to build a toll bridge across Fever river, at such point as they may determine, not exceeding in distance three hundred and fifty rods from the ferry now kept for crossing said river at Galena:2 Provided, That the erection of said bridge shall not conflict with any rights heretofore granted to any person or persons: And provided further, That the said bridge shall be so constructed as not to obstruct the navigation of said river.

Sec. 2. Said Rose and Swan, and their associates, or successors, shall commence the erection of said bridge, within two years from the passage of this act, and complete the same within three years.

Sec. 3. When the said bridge shall be completed, the proprietors thereof shall have the right to erect thereon the usual gates or barriers, and demand and receive from all persons crossing the same the following rates of toll, viz: For each footman 6¼ cents; for a man and horse 12½ cents; for each wagon or other vehicle drawn by two horses, or one yoke of oxen 37½ cents; for each additional pair of horses, or yoke of oxen 25 cents; for each vehicle drawn by one horse 18¾ cents; for each loose or lead horse, mule, ass, or jennie, 6¼ cents for each; for each head of cattle 2 cents; for each head of hogs, goats or sheep 1 cent.

Sec. 4. The said Rose and Swan, their associates, and assigns, are hereby authorized to purchase and hold such real estate not exceeding fifty acres, as may be necessary for the objects herein contemplated, and they shall have power to

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employ such clerks, toll gatherers and helps, as they may deem necessary, and require, and take bonds for the faithful performance of the duties assigned them.

Sec. 5. The proprietors of said bridge shall at all times after the same is erected, afford a sale and speedy passage to all persons and their property, on payment of, or tender of the tolls, as herein provided; and if the said bridge at any one time be out of repair, for ten days together, the proprietors shall forfeit and pay a fine of ten dollars, and a like sum for every five days thereafter, that the said bridge shall remain out of repair, to be recovered by action of debt, before any justice of the peace, of Jo Daviess county, one half to be paid to the person suing for the same, and the other half to be paid into the county treasury: Provided, that if reasonable exertions are made to repair the same, no liability shall be incurred by reason of said bridge being out of repair.

Sec. 6. The county commissioners’ court of Jo Daviess county may, at any time after the expiration of three years, from the completion of said bridge, purchase the same by paying the original cost thereof, and ten per cent. thereon; and to enable the county commissioners’ court to ascertain the cost of said bridge, it is hereby made the duty of the said proprietors to keep an accurate account of the cost of constructing said bridge, and make affidavit thereto, and file the same with the clerk of the county commissioners’ court.

Sec. 7. This act to be and remain in force for and during the term of twenty years from and after its passage, and be subject to be taxed by the county commissioners’ court, as in other cases of toll bridges and ferries, as now is or hereafter may be provided by law.

Approved, February 1, 1840.