Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That each and every agent elected or appointed under the provisions of an act of the General Assembly, entitled “An act to protect the canal lands against trespassers,” approved on the fourth day of March, one thousand eight hundred and thirty-seven, shall be, and they are hereby, discharged from all further duty under the act aforesaid; and, immediately upon the passage of this act, the Board of Canal Commissioners shall appoint one or more agents, not exceeding three, under the provisions of said act, and vest them, jointly and severally, with all the power, and require them to perform all the duties specified in said act, and such other duties as the Board may deem requisite to the protection of the interest of the State and the protection of the public property.

Sec. 2. The agents to be appointed under the provisions of this act shall notify each person residing upon canal lands, or who may cultivate any part thereof, that unless he or she will execute bond as required by the act to which this is an amendment, and agree to comply with the provisions thereof, as amended by this act, that he or she must, within twenty days after such notice given, abandon the occupation or cultivation of the same; and each and every person who shall fail or refuse to abandon the occupation, possession, or cultivation of any canal lands, upon being notified as aforesaid, shall be liable to pay the sum of five dollars for every day which he or she shall continue in the occupation, possession, or cultivation of such lands, after the expiration of the time limited by this notice of the agent; which sum may be recovered in an action of debt or assumpsit, in the name of the State of Illinois, before the circuit court of any county in the State, or any justice of the peace of any county where such person may reside, or be found; and separate actions may be maintained for every day’s violation of the law, or actions may be maintained for the penalties incurred by two or more days’ violation thereof: Provided, That this section shall not apply to improvements upon lots owned by the State adjoining Ottowa, or to any lots situated within the limits of any town or village laid off by the Canal Commissioners.

Sec. 3. Persons who have or may execute bonds to the State, under the provisions of this and the act to which this is an amendment, shall be permitted, in all cases, to remove the crops growing upon lands occupied or cultivated at the time of the sale thereof by the State; and the same privilege is extended to those who remove from land without having executed such bond.

Sec. 4. The agents appointed under the provisions of this act may, under the direction of the Board of Canal Commissioners, sell wood or timber lying upon the ground on canal lands; but no tree standing or growing upon said land shall be sold, under any pretence whatever.

Sec. 5. If any person shall, without authority of law, quarry and remove from any canal lands any rock or stone, or shall remove from said lands any rock or stone already quarried, or if any person shall use any rock or stone taken from canal lands, each and every such person shall be liable to pay at the rate of five dollars for each perch of such stone, to be recovered, by action in favor of the State, under the provisions of the act to which this is an amendment, as though such rock or stone had been embraced in said act.

Sec. 6. Agents appointed under this act shall be subject to be displaced at any time by the Board of Canal Commissioners, and shall be bound to perform any service required by the Board, as well as the duties specially pointed out by law; and the Board shall have power to appoint others in the place of those displaced, and keep agents in service so long, and at such times, as in their judgment the interest of the State may demand; and the agents shall be paid by the Board a reasonable sum, which shall not exceed four dollars per day.

Sec. 7. Money collected by the agents under the provisions of this act shall be accounted for to the Board of Canal Commissioners, and shall compose a part of the canal funds.

Sec. 8. The agents may, under the direction of the Board of Canal Commissioners, include any quantity of land in permits; and the persons to whom permits are given shall have all the rights that are granted by permits under the provisions of the act to which this is an amendment; and the obligations of such persons upon the bond shall extend to the whole land included in the permit; and permits may be given to persons who do not reside on or cultivate canal lands.

Sec. 9. Said agents may, also, under the direction of the Board of Canal Commissioners, authorize the opening of stone quarries and banks of stone, coal, or either, upon such terms as may be deemed reasonable, or shall be agreed on; and contracts made in relation to the use of such stone and coal shall be in the name of the State of Illinois, and shall be valid to all intents and purposes.

Sec. 10. If any person, to whom a permit has been or may be given to occupy or cultivate canal lands, shall fail to deliver possession of the premises to the purchaser thereof, within sixty days after being requested to deliver and surrender the same, such person shall be liable to pay to the purchaser five dollars for every day of retaining such possession after the expiration of the said term of sixty days; which may be recovered, by action of debt or assumpsit, before any court or justice of the peace having jurisdiction of the amount claimed: Provided, however, That crops growing or standing

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upon land shall, in all cases, be removed by the owner thereof, at the season of the year when such crops are usually taken from lands.

Sec. 11. If, at any time, a judgment shall be obtained upon the bond of any person to whom a permit has been or may be given to occupy or cultivate canal lands, such judgment shall operate as a forfeiture of all rights granted by the permit; and thereupon such person may be proceeded against as though no permit had been given.

Approved, February 26, 1839.