In force Feb.[February] 20, 1841.
An ACT to authorize the Trustees of Shawneetown to construct a MacAdamized Road.
1Location.
Trustees may borrow money.
Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the Trustees of Shawneetown be, and they are hereby authorized and empowered to locate and construct a turnpike
or MacAdamized road from the river bank in said town, along and upon Eddy
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street, to the high ground, if they should judge it expedient, leading out of said
town at such point within said town as may be most eligible, and to enable said trustees to make said MacAdamized road, they are hereby authorized to borrow money on the faith of the tolls hereinafter
granted, and to pledge the revenues arising therefrom, and from any and all other
sources, to pay the interest and reimburse the principal according to the terms of
such loan.2Right of way.
Sec. 2. Said trustees shall have power to proceed under the several acts relating to the
right of way in all cases where it may be necessary to enter upon or use the lands
of private persons, either for the purpose of draining the flat lands, through which
said road will pass.
Toll gates.
Road to be free.
Sec. 3. It shall and may be lawful for said trustees, whenever said MacAdamized road is completed to the highlands on Eddy street, to establish one or more toll gates and to fix and establish such rates of toll,
for the use of said road, as they shall judge expedient, and to alter the same at
pleasure, and whenever the corporation debts contracted for the making of said road
shall be extinguished, the said tolls shall cease, and the said road become a free road, subject to be kept in repair like other public
streets and roads within said town.
Penalty for injury.
Sec. 4. The said trustees are hereby authorized to establish by ordinance, such penalties as they may deem reasonable and right, for injuries done to said road,
for evading the tolls which may be established, or for filling up or obstructing the
drains or ditches which may be required to carry off the water from Barger’s creek,
or other streams or ponds; which penalties may be sued for and recovered by said trustees
before any justice of the peace of said town or county, without giving bond for costs, but subject to appeal to the circuit court of Gallatin county like other cases.
Cost to be reported.
Sec. 5. That in order to carry into effect the provisions of this act, it shall be the duty of the said trustees to keep an accurate account of the cost
of the construction of said road, and after the completion of the same or any part
thereof, to keep an accurate account of all tolls received, as well as the expenses
of said road. The said trustees shall also be required to make an accurate report
to the county commissioners’ court at their March term annually, of all expenses incurred and tolls received in said
year.3
Approved, February 20, 1841.
1On February 1, 1841, John A. McClernand from the Committee on Canals and Canal Lands, of which Abraham Lincoln was also a member, introduced HB 156 to the House of Representatives. The House referred it to a select committee, which reported back on February 5
with amendments, which the House approved. The House then passed an additional amendment adding the 5th section. The House passed the bill on February 11. The next day, the Senate passed the bill. The Council of Revision approved the bill on February 20 and the act became law.
Illinois House Journal. 1840. 12th G. A., 307, 335, 357, 368, 412, 451, 456, 460; Illinois Senate Journal. 1840. 12th G. A., 294, 307.
3The House of Representatives passed an amendment on February 5, 1841, adding the 5th section.
Illinois House Journal. 1840. 12th G. A., 335.
Printed Document, 2 page(s), Laws of the State of Illinois, Passed by the Twelfth General Assembly (Springfield, IL: William Walters, 1841), 231-32, GA Session 12-2,