In force Feb.[February] 26, 1841.
An ACT to authorize Solomon Husalton to build a dam across Little Wabash River, and for other purposes.
1Location.
Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Solomon Husalton be, and he is hereby authorized to build and continue a mill-dam across the Little Wabash river, on the south-west quarter of section number twelve, in township number two north,
of range eight east, of the third principal meridian, in Clay county.2
Heighth.
Sec. 2. The said dam shall not exceed eight feet in heighth from the bed of the stream, and shall be constructed with a down stream slope with a base of at least two horizontal
to each perpendicular foot, and shall be well and sufficiently planked and kept in
repair, so as to allow the safe passage of the descending navigation of the said river.
State may construct lock.
Proviso.
Sec. 3. The State hereby reserves the right of constructing a lock, cut, sluice or other device, for the transit of the trade on the river, over, around or near the site of the said dam, whenever it may be deemed advisable
by the Legislature for the improvement of the navigation of said river, without any charge or cost to the State for the right of way by the said Husalton, his successors or assigns: Provided, The said Solomon Husalton, his heirs or assigns, shall be the owner of the lands on both sides of said river where the said dam shall be built.
Location.
Sec. 4. Be it further enacted, That Frederick B. Brockett, of Effingham county, be, and he is hereby authorized to build and continue a mill-dam across the Little Wabash river
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on the east half of the south-west quarter of section number eight, township number
six north, range number six east, of the third principal meridian, in Effingham county;3 the said dam shall not exceed eight feet high from the bed of the stream, and shall
be constructed so as to allow of the safe passage of the descending navigation on
the said river. The third section of this act shall be applicable in all respects to the powers
and privileges hereby granted.
4Approved, February 26, 1841.
1Peter Green from a select committee, to which the House of Representatives referred a certain petition, introduced HB 174 in the House on February 3, 1841. On February 10, the House referred the bill to
a select committee. The select committee reported back the bill on February 15 with
amendments, in which the House concurred. The House passed the bill as amended, amending
the title by adding the words “and for other purposes.” The Senate concurred on February 25. On February 26, the Council of Revision approved the bill and the act became law.
Illinois House Journal. 1840. 12th G. A., 318, 348, 359, 401, 503, 529, 530, 550; Illinois Senate Journal. 1840. 12th G. A., 323, 397-98, 421.
4On February 15, 1841, the House of Representatives amended the bill by adding the fourth section. It also added the words “and for other purposes” to
the title. In January 1840, the General Assembly considered but ultimately took no definitive action on a bill granting Brockett the right to build a mill-dam in the exact same location.
Illinois House Journal. 1840. 12th G. A., 401.
Printed Document, 2 page(s), Laws of the State of Illinois, Passed by the Twelfth General Assembly (Springfield, IL: William Walters, 1841), 187-88, GA Session 12-2,