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Sec[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly; That Stephen Mack, his heirs and assigns, be, and they are hereby authorized to build a toll bridge
acrossRock River, on Section twenty-three, in Township Forty six North, of Range one, east of the
third principal meridian,2 being in the town of Pecatonic, in the County of Winnebago.
Sec 2. The said Mack, his heirs or assigns shall commence the building of said bridge within one year , and have the same completed within three years from and after the passage of this act. Said bridge shall be built in a substantial
and workmanlike manner, with a draw, or otherwise so constructed as not to obstruct
the navigation of said river.
Sec 3. That after the completion of the said bridge, the said Mack, his heirs or assigns are hereby authorized to place a toll gate on either end of
said bridge, or contiguous thereto, where he, or they, may ask and demand of any person
passing said bridge, the following rates of toll, towit: For each waggon or other vehicle drawn by two horses, mules or oxen twenty five cents; For each waggon or other vehicle drawn by
...?] horses, mules, Jacks [,]^
Jannes[]3 or cattle two cents^ cents; For each head of hogs, and sheep, or goats, one cents; For each footman six and one [cent?] fourth cents.
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four horses, mules[,] or oxen thirty seven ^½^ cents; For each waggon or other vehicle drawn by one horse eighteen 3/4 cents; For each man and horse twelve and one half cents; For each head of [Sec 4. That the said Stephen Mack, his heirs and assigns shall at all times after the completion of the said bridge,
keep the same in good repair, and allow a speedy passage to all rafts, boats[,] and other craft navigating said river, ^at all times,^ without the payment of any toll; and also, to all persons and property passing over
it, upon the payment or tender of the toll as herein before provided, between the
hours of six oclock in the morning, and ten, at night; and at any and all other hours upon the payment
or tender of the said toll and fifty per cent addition thereto.
Sec 5. That, if at any time after the completion of said bridge, it shall be left out
of repair, so that the same does not afford a safe passage to persons and property,
for the space of six months; the privileges and immunities hereby granted to the said
Mack, his heirs and assigns, shall be forfieted; Provided, however, that destruction or damage of said bridge by fire, flood[,]
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or other casualty, shall not work a forfeiture of the privileges hereby granted,
if the said Mack, his heirs or assigns shall within a reasonable time proceed to repair the same;
or rebuild the said bridge, if totally destroyed; and shall complete the said repairs
or rebuilding within one year, after the happening of said casualty; and during the
time such bridge shall remain impassable from such accidental cause, it shall be lawful
for the said Stephen Mack, his heirs and assigns, to establish a ferry across said river, at or near the cite of said bridge;4 and to demand and receive from persons, crossing, the same toll as is allowed by
this act for crossing said bridge; which ferry, when so established shall be subject
to all the rules, regulations, liabilities, and privileges, provided by an act entitled
“an act to provide for the establishment of Ferries, toll bridges, and turnpike roads”
approved Feb[February] 12. 1827.5Sec 6. That if any person or persons shall wilfully do or cause to be done any injury
to said bridge, the person or persons so offending shall forfeit and pay to the said
Stephen Mack, his heirs or assigns, double the amount of such injury or damage, to be recovered
by an action of debt before any justice of the peace, or Court of Record in said county.
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Sec 7. This act shall remain in force for the benefit of the said Stephen Mack, his heirs and assigns, for the space of twenty five years from and after its passage, unless forfeited as here in before provided.
Sec 8. The said Stephen Mack, his heirs and assigns shall be entitled to purchase, hold, and convey so much land
as may be necessary to construct the aforesaid bridge, and erect a toll house, or
whatever may be necessary for the use and purposes of said bridge.
Sec 9. It shall not be [lawful?] for any person or persons, County or Corporation [?] erect a bridge, or establish a ferry across said Rock River within two miles of the cite of the aforesaid bridge.
Sec 10. The said bridge when erected shall ever be free and exempt from taxation,
and shall in every respect be considered a public highway except so far as the payment
and receipt of toll is concerned.
Sec 11. This act shall be taken and deemed a public act, and be in force for and
after its passage.
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Sec 10. It shall be the duty of the County Commissioners Court of the said County of Winnebago, at the first term of said Court after the said Mack, his heirs or assigns shall have commenced the building of said bridge, to order
and direct the County surveyor of said County to proceed and to view and locate a road from the North East end of said bridge, on the most proper
and direct route to intersect the main road leading up and down said River on the east side of the same, which road when so located shall be a public highway.
Sec 12 This act shall be taken and deemed a public act, and be inforce from and after is passage.6
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[02]/[06]/[1841]
[02]/[06]/[1841]
State Roads
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1Thomas Drummond introduced HB 213 in the House of Representatives on February 6, 1841. The House referred the bill to the Committee on State Roads.
The Committee on State Roads did not report back the bill.
Illinois House Journal. 1840. 12th G. A., 341.
4In January 1840, the House of Representatives had passed a bill authorizing Mack to establish a ferry across the Rock River.
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“An Act to provide for the establishment of Ferries, Toll Bridges And Turnpike Roads,”
12 February 1827, The Revised Code of Laws, of Illinois (1827), 220-27.
6In 1842, Stephen Mack began building a bridge across the Rock River to replace a ferry he established in 1838. Constructed with Mack’s own money, this
would be the first bridge across the Rock River in Illinois.
Katherine E. Rowland, The Pioneers of Winnebago and Boone Counties Illinois Who Came Before 1841 (Baltimore, MD: Gateway, 1990), 289-91.
Handwritten Document, 6 page(s), Folder 151, HB 213, GA Session 12-2,
Illinois State Archives (Springfield, IL) ,