In force, Feb.[February] 27, 1841.
An ACT to establish a ferry on the Mississippi River in Pike county.
1Persons to establish ferry.
Exclusive right for 30 years.
Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That David O. Glascock and Jameson F. Hawkins, their heirs and assigns, be, and they are hereby authorized to establish a ferry on the
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Mississippi river oppositeHannibal, in the State of Missouri, on the south-east quarter of section number seventeen, in township number four south,
and range eight west of the fourth principal meridian;2 and they shall have the exclusive right to ferry across said river from said point for and during the term of thirty years, which said exclusive right
shall extend one mile up and one mile down the said Mississippi river from the point at which said ferry may be established, on the said south-east quarter
of section seventeen, hereinbefore more fully described.
Clay turnpike
Width of road
To be graded.
Frame bridge.
Sec. 2. In consideration of said grant the said Glascock and Hawkins, their heirs and assigns, shall locate and construct a good and substantial clay turnpike road from said ferry
through the lowland east of said ferry to the highland, intersecting the road from
Atlas, in Pike county, to Quincy, in Adams county, at or near the farm of Dennis Davis, the whole distance being about six miles; the width of said road shall not be less than eighty feet, and shall be graded where
bridges and culverts shall not be necessary, as follows, viz: from the river to the first slough, the distance being about three-fourths of one mile, the grade
is to be three feet in height, neatly rounded, and from the said slough to the Snycartee,3 the road is to be graded and raised two feet in the centre, and from the Snycartee to the highlands, near Dennis Davis’s, the average grade of said road shall be three feet, the slopes shall be gradual,
not less than two feet horizontal to one foot perpendicular, and when finished to
be at least twenty-five feet surface on the top of the grade; a good and substantial frame bridge shall be erected across Snycartee, and until
the erection of said bridge a good boat or boats shall be kept and hands to ferry
over said stream.
Ferry to be established in three years.
Right of way.
Sec. 3. The said Glascock and Hawkins shall have said road opened and graded, and a ferry erected at the said Mississippi river, and at the said Snycartee, within three years from the passage of this act; the bridge to be erected within
five years over the said Snycartee; the said Glascock and Hawkins, their heirs and assigns, shall be allowed the right of way over all lands on which said road shall be located,
and shall be liable to the owner or owners thereof for any damage which may be sustained
to private property by reason of the location and opening of said road, which said
damage shall be assessed in the same manner that damages are now assessed in similar
cases.
Boats, &c.[etc]
Tolls.
Sec. 4. The said Glascock and Hawkins, their heirs and assigns, shall erect and keep at the said ferry on the river a good and sufficient boat or boats, to be propelled by horse or steam power, safe
and convenient to pass over said river all travellers and other persons who may desire to cross the same, and all horses, wagons, carriages,
and other property, of whatever kind or description, speedily and without delay, and
they shall be and are hereby authorized to receive such
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rates of toll for the same as may be established by the county commissioners’ court of Pike county, which shall in no instance be less than is charged at Quincy, in Adams county, or Louisiana, in Pike county, Missouri; the rates of toll at the Snycartee shall not exceed one-third the amount allowed
for crossing persons and property over the said Mississippi river.
Rates of ferriage to kept up.
Road kept in repair.
Sec. 5. It is hereby made binding on the said proprietors of said ferry, their heirs and
assigns, to keep up at the river ferry, in large letters and figures, the rates of ferriage
allowed by the court aforesaid, to give strict attention to said ferries, to facilitate the crossing of
persons and property with safety and without delay, and to keep said road in good repair.
When charter null and void.
Not binding on the State.
Sec. 6. Whenever the said Glascock and Hawkins, their heirs and assigns, shall manifestly fail or neglect to comply with the requisitions
of this act, a reasonable allowance being made for high water and cases of emergency,
the circuit court of Pike county may, on a full investigation of the facts and the evidence adduced, and in view of the
justice of the case, declare this charter null and void; and it is hereby expressly provided that this act is not to be binding upon or create
any liability on the part of the State, to secure to the said Glascock and Hawkins, their heirs or assigns, the rights and privileges herein granted to them, unless
they shall legally and equitably possess themselves of the land on which said ferry
at the river is to be established, hereinbefore more particularly described.
Approved, February 27, 1841.
1An unknown representative introduced HB Misc 4 in the House of Representatives on or before February 6, 1841. The House passed the bill on February 17. The Senate concurred on February 27. On February 27, the Council of Revision approved the bill and the act became law.
Illinois House Journal. 1840. 12th G. A., 340, 371, 419, 555, 562, 567, 569; Illinois Senate Journal. 1840. 12th G. A., 335, 408, 439.
3A slough or bayou that traversed the length of the Mississippi River bottom lands in the counties of Pike, Adams, and Calhoun.
The Supreme Court Reporter, Volume 22: Cases Argued and Determined in the United States
Supreme Court, October Term 1901 (St. Paul, MN: West, 1902), 357.
Printed Document, 3 page(s), Laws of the State of Illinois, Passed by the Twelfth General Assembly (Springfield, IL: William Walters, 1841), 123-25, GA Session 12-2,