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Sec.[Section] 1 Be it enacted by the people of the state of Illinois represented in the General Assembly, That John A. Flack
^Clark^ his heirs or assigns, be and they are hereby authorized to build a toll bridge across
the Peckatonica River in township No twenty seven North of Range No Eight East of the fourth principal meridian at and opposite the town of Freeport county of Stephenson and State of Illinois, Provided said bridge shall not interfere with the navigation of the Peckatonica River.
Sec. 2. The said John. A. Clark 2 his heirs or assigns shall commence the building said bridge within one year, and
complete same within two years from and after the passage of this act. Said bridge
shall be built in a good and substantial manner, so as to gain a safe and easy passage
to all persons and their property wishing to cross the same.
Sec. 3. After said bridge shall be completed the said John. A. Clarke, 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 bridge the following rates of toll towit: For each two horse waggon drawn
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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 carriage or waggon 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.
Sec. 4. The said John. A. Flack
^Clark^ his heirs and 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 distruction of said bridge by fire[,] high water[,] or other casualty shall not work a forfeiture of the priveleges hereby granted but the said Clarke, his heirs or assigns shall proceed immediately to repair the same.
Sec. 5. When the Commissioners of the County of Stephenson deem it expedient to purchase said
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bridge they shall have a 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 across the Peckatonica river 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 Peckatonica river at the place aforesaid, and have the same completed within one year from and after
the pasage of this act they shall have power to do so under this act, and the said bridge when
so completed shall be and remain open and free for all and every person and their
property wishing to cross the same, and it shall be and remain a free bridge to all
intents and purposes. Provided that if the said free bridge when so
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completed shall remain out of repair for six months at any one time, the privileges
heretofore granted to John. A. Flack 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 people or the Commissioners aforesaid. Provided further
that casualties by fire[,] high water[,] or otherwise shall not work a forfeiture to the people of said county of
^or^ Commissioners of the privileges herein before offered to them but they shall proceed
immediately to repair the same.
Sec. 6. If any person or persons shall wilfulfully do or cause to be done any injury to said bridge, the person so offending shall forfeit
and pay the said John. A. Clarke his heirs or assigns, double the amount of such injury or damage to be recovered
before any Court having jurisdiction of the same.
Sec. 7. The said bridge shall be deemed a bublic highway within the meaning of the law providing for the punishment of
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persons injuring or obstructing or destroying public bridges in any manner or by any
means whatever.
Sec. 8. No person or persons shall be allowed or permitted to construct without the consent
of the said John A Flack
^Clark^ his heirs or assigns any bridge or keep any ferry across the Peckatonica river within one mile up and one mile down said river from the place where said bridge shall be built, unless the County commissioners
or the people of said county shall avail themselves of the privileges heretofore offerd to them, but if the County Commissioners or the people aforesaid, should at any time
hereafter forfeit their privileges as aforesaid and the same should revert to the
said John. A. Clarke his heirs or assigns, then the first part of this section shall be and remain in
force.
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[ docketing
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H. R
A Bill for “an act to build a bridge across the Peckatonica river at Freeport Stephenson County.
A Bill for “an act to build a bridge across the Peckatonica river at Freeport Stephenson County.
[ docketing
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[01]/[04]/[1840]
[01]/[04]/[1840]
Edngrossed
[ docketing
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54
[ docketing
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[01]/[13]/[1840]
[01]/[13]/[1840]
laid on table
[ docketing
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31
[ docketing
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[01]/[13]/[1840]
[01]/[13]/[1840]
passd Jan. 13
1On December 27, 1839, Germanicus Kent in the House of Representatives presented the petition of John A.
Clark for a toll bridge across the Pecatonica River. The House referred the petition to the Committee on State Roads. In response to
this petition, William B. Archer of the Committee on State Roads introduced HB 74 in the House on December 30. The
House passed the bill on January 13, 1840. Later that same day, the House considered
the bill’s passage, rescinding the vote and tabling the bill.
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), 88, 103-04, 127, 161, 164.
Handwritten Document, 6 page(s), Folder 73, HB 74, GA Session 11-S, Illinois State Archives (Springfield, IL) ,