Papers Of Abraham Lincoln

ILLINOIS
LEGIS . } H. R. { 12th ASSEM.
2d SESSION.

FEBRUARY 4th, 1841.

Laid on the table, and 150 copies ordered to be printed.

A BILL

For “An Act providing for letting the works of Internal Improvement to persons or companies, and for other purposes.”

Sec. 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly,

2 That there shall be constituted a board on the part of the State, whose duty it shall

3 be to exercise a general supervision over all the works of the State which have been commen-

4 ced under the Internal Improvement system, and who shall be, and are hereby, empowered to

5 prosecute, on the part of the State, any person or persons, who shall trespass on any of the

6 said works. And said board shall have power to sell, lease, or contract in relation to all or any

7 part of the different rail ways laid out and commenced by the State, under the restrictions

8 hereinafter provided for; and who shall receive per day each for the

9 time necessarily, actually, and bona–fide employed in the specific services herein directed, and

10 no more.

Sec. 2. And be it further enacted, That on the application of any person or persons, or corpora-

2 tion or corporations, and on giving good and sufficient security that such person or persons, cor-

3 poration or corporations, will pay all costs of surveys, estimates, &c.; that it shall be the duty

4 of the board aforesaid to employ some competent engineer or engineers on the part of the State,

5 who shall proceed to value and appraise any line or part of line of rail way—said appraisement

6 to include all labor done on said railway, together with all the materials on hand for its con-

7 struction—the value of the ground purchased, ceded, or condemned by the State. And if such

8 person or persons, or corporation or corporations, shall pay into the Treasury of the State, the

9 price set on it by the engineer or engineers, as aforesaid, or shall execute bonds with good and

10 sufficient security for the payment of the principle within years, and the interest, at

11 six per cent. paid semi–annually, to be paid into the State Treasury, then the said board shall

12 sell to said person or persons, corporation or corporations, such line or part of line of rail way.

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13 But no sale to be considered valid until it shall have been approved of by the Governor: Provi-,

14 ded, that if the person or persons, corporation or corporations, shall give security in double the

15 value of all materials put into their hands, that such materials or the value thereof shall be ap-

16 plied in the construction of the road, and that said work shall be prosecuted within a reasonable

17 time, the previous security mentioned in this section may be dispensed with; the State holding

18 a lien on the road itself for the value of the work already done by the State: Provided, also,

19 that in case of any contract and ratification thereof, growing out of the valuation and appraisement

20 of any given portion of rail road, as provided in the foregoing part of this section, then and in

21 that case the State shall pay the expense of said valuation.

Sec. 3. And be it further enacted, That in case any person or persons, corporation or corpora-

2 tions, shall make application to the board, and given security for costs as aforesaid, it shall be

3 lawful for them to dispose of half of the interest of the State to any given portion of rail road

4 line, not less than miles in extent, on the following terms, viz: after the works and

5 materials shall be appraised, as provided in the second section of this act, such amount of ap-

6 praisement shall be considered as so much expended on the part of the State: and said person or

7 persons, corporation or corporations, shall proceed to expend judiciously an equal amount, and

8 if said road be not yet completed, then the said State and person or persons, corporation or

9 corporations, company or companies, shall contribute in equal amounts, the sums necessary to

10 finish said work or works; and when finished they shall be considered as joint owners of said

11 work or works: Provided, that nothing herein contained shall be construed so as to oblige the

12 State to complete, or assist to complete, any road or roads if, after the appraisement of the

13 same, it shall appear that the State shall have expended less than one–fourth of its estimated cost:

14 And provided, also, that if it shall appear from the appraisement and subsequent cost of finish-

15 ing the work or works, that the State has paid over her proportion of the expense of construc-

16 tion, then said person or persons, corporation or corporations, company or companies, shall pay

17 over to the State one half of such excess; or on failure to do so, then the State shall be entitled

18 to and draw of the revenues work or works, in proportion to the several amounts expended.

Sec. 4. And be it further enacted, That in case of any sale by the State of her interest in

2 all or any part of any rail way, or part of rail way, as provided in the previous sections of this

3 act, it shall be lawful for the State, at any time after the year to repossess herself

4 of all or any part of the rail ways or parts of any rail way or rail ways, on the payment to the

5 proper person or persons, corporation or corporations, company or companies, or any of them,

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6 or their successors or legal representatives, the principal, with per cent. interest on the

7 sum or sums advanced by him or them, from the time of such advancement to the time of payment:

8 Provided, that the State shall take the whole of any given road, as originally disposed of, in

9 whole or in part, to said person or persons, company or companies, corporation or corporations.

Sec. 5. And be it further enacted, That if by the sale in whole or in part of any given portion

2 of rail way or rail ways, or in any other manner, any person or persons, company or compa-

3 nies, corporation or corporations, shall become indebted to the State, the interest or property of

4 such person or persons, company or companies, corporation or corporations in such rail road or

5 rail ways, shall be considered pledged to the State; and no sale made by such person or persons,

6 company or companies, corporation or corporations, shall be valid until the debts due and owing

7 the State from such person or persons, company or companies, corporation or corporations,

8 shall have been paid. But the State shall hold a lien on the stock or interest, with all the rev-

9 enues arising therefrom, of such person or persons, company or companies, corporation or cor-

10 porations, until such debt shall be adjusted and paid.

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[ docketing ]
N^o 182 H R

[ docketing ]
An Act providing for letting the works of Internal Improvements to persons & companies & for other purposes

[ docketing ]
[02]/[12]/[1841]
Com—Whole House

[ docketing ]
[02]/[12]/[1841]
Epe order for Thursday next
Feb. 12^th

[ docketing ]
[02]/[22]/[1841]
Ord. Eng.

[ docketing ]
15

		Sec. 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly,
2		That there shall be constituted a board on the part of the State, whose duty it shall
3		be to exercise a general supervision over all the works of the State which have been commen-
4		ced under the Internal Improvement system, and who shall be, and are hereby, empowered to
5		prosecute, on the part of the State, any person or persons, who shall trespass on any of the
6		said works. And said board shall have power to sell, lease, or contract in relation to all or any
7		part of the different rail ways laid out and commenced by the State, under the restrictions
8		hereinafter provided for; and who shall receive per day each for the
9		time necessarily, actually, and bona–fide employed in the specific services herein directed, and
10		no more.
		Sec. 2. And be it further enacted, That on the application of any person or persons, or corpora-
2		tion or corporations, and on giving good and sufficient security that such person or persons, cor-
3		poration or corporations, will pay all costs of surveys, estimates, &c.; that it shall be the duty
4		of the board aforesaid to employ some competent engineer or engineers on the part of the State,
5		who shall proceed to value and appraise any line or part of line of rail way—said appraisement
6		to include all labor done on said railway, together with all the materials on hand for its con-
7		struction—the value of the ground purchased, ceded, or condemned by the State. And if such
8		person or persons, or corporation or corporations, shall pay into the Treasury of the State, the
9		price set on it by the engineer or engineers, as aforesaid, or shall execute bonds with good and
10		sufficient security for the payment of the principle within years, and the interest, at
11		six per cent. paid semi–annually, to be paid into the State Treasury, then the said board shall
12		sell to said person or persons, corporation or corporations, such line or part of line of rail way.
<Page 2>
13		But no sale to be considered valid until it shall have been approved of by the Governor: Provi-,
14		ded, that if the person or persons, corporation or corporations, shall give security in double the
15		value of all materials put into their hands, that such materials or the value thereof shall be ap-
16		plied in the construction of the road, and that said work shall be prosecuted within a reasonable
17		time, the previous security mentioned in this section may be dispensed with; the State holding
18		a lien on the road itself for the value of the work already done by the State: Provided, also,
19		that in case of any contract and ratification thereof, growing out of the valuation and appraisement
20		of any given portion of rail road, as provided in the foregoing part of this section, then and in
21		that case the State shall pay the expense of said valuation.
		Sec. 3. And be it further enacted, That in case any person or persons, corporation or corpora-
2		tions, shall make application to the board, and given security for costs as aforesaid, it shall be
3		lawful for them to dispose of half of the interest of the State to any given portion of rail road
4		line, not less than miles in extent, on the following terms, viz: after the works and
5		materials shall be appraised, as provided in the second section of this act, such amount of ap-
6		praisement shall be considered as so much expended on the part of the State: and said person or
7		persons, corporation or corporations, shall proceed to expend judiciously an equal amount, and
8		if said road be not yet completed, then the said State and person or persons, corporation or
9		corporations, company or companies, shall contribute in equal amounts, the sums necessary to
10		finish said work or works; and when finished they shall be considered as joint owners of said
11		work or works: Provided, that nothing herein contained shall be construed so as to oblige the
12		State to complete, or assist to complete, any road or roads if, after the appraisement of the
13		same, it shall appear that the State shall have expended less than one–fourth of its estimated cost:
14		And provided, also, that if it shall appear from the appraisement and subsequent cost of finish-
15		ing the work or works, that the State has paid over her proportion of the expense of construc-
16		tion, then said person or persons, corporation or corporations, company or companies, shall pay
17		over to the State one half of such excess; or on failure to do so, then the State shall be entitled
18		to and draw of the revenues work or works, in proportion to the several amounts expended.
		Sec. 4. And be it further enacted, That in case of any sale by the State of her interest in
2		all or any part of any rail way, or part of rail way, as provided in the previous sections of this
3		act, it shall be lawful for the State, at any time after the year to repossess herself
4		of all or any part of the rail ways or parts of any rail way or rail ways, on the payment to the
5		proper person or persons, corporation or corporations, company or companies, or any of them,
<Page 3>
6		or their successors or legal representatives, the principal, with per cent. interest on the
7		sum or sums advanced by him or them, from the time of such advancement to the time of payment:
8		Provided, that the State shall take the whole of any given road, as originally disposed of, in
9		whole or in part, to said person or persons, company or companies, corporation or corporations.
		Sec. 5. And be it further enacted, That if by the sale in whole or in part of any given portion
2		of rail way or rail ways, or in any other manner, any person or persons, company or compa-
3		nies, corporation or corporations, shall become indebted to the State, the interest or property of
4		such person or persons, company or companies, corporation or corporations in such rail road or
5		rail ways, shall be considered pledged to the State; and no sale made by such person or persons,
6		company or companies, corporation or corporations, shall be valid until the debts due and owing
7		the State from such person or persons, company or companies, corporation or corporations,
8		shall have been paid. But the State shall hold a lien on the stock or interest, with all the rev-
9		enues arising therefrom, of such person or persons, company or companies, corporation or cor-
10		porations, until such debt shall be adjusted and paid.