Sect[Section]. 1. Be it enacted by the people of the State of Illinois represented in the General Assembly.
That all and every proprietor or proprietors[,] owner or owners of Lands or either side of the Mackinaw Creek in McLean County in this State or of any Water-Grist-Mill or Saw Mill or any other Machinery which is now erected
thereon or which may be hereafter erected there on above the Mouth of Money Creek,
shall and they are hereby required to cause to be erected or constructed in their
Mill-dams a flood gate or gates in such Manner as will drain all the water out of
such dam or dams.
Sec. 2. And such proprietors or proprietors or Mill owner are hereby required to Keep open such flood gate or
gates at all times of low water when there is not a sufficient quantity of water in
Said Mackinaw Creek for propelling said Mills or Machinery: Provided, Nevertheless,
such proprietors or mill owners shall not be required to erect such flood gate or
gates unless individuals in the neighborhoods respectively requiring the same, shall
defray or cause to be defrayed the Necessary expense attending the erection of the
Same; Provided further, that when three or more persons of the neighborhood shall
notify such proprietor or proprietors or mill owners to have such gate or gates erected,
they shall give bond to such proprietor or proprietors for the payment of the cost
of erecting the Same with good and sufficient security, which said bond and security
shall be approved by the Clerk of the County Commissioners Court for the County in which the premises are situated.
Sec. 3. Be it further enacted, that such proprietor or proprietors[,]
<Page 2>
owner or owners of such Mill or Mills who shall refuse or Neglect to erect such
flood gate or gates as is herein required within thirty days after he, she, or they
shall have been notified of the execution and approval of such bond and Security as
above provided shall forfeit and pay the sum of Two Hundred Dollars to be recovered
in an action of debt by any person who may sue for the same in any Court, having jurisdiction
thereof; and half the amount so recovered shall be paid unto the County Treasury of
the County in which the premises are situated; and the other half to the person sueing for the same.
And also such proprietor or proprietors[,] owner or owners, occupant or occupants of such mill or mills or other machinery who
shall refuse or neglect to Keep open such flood gate or gates, as is herein required,
shall forfeit and pay the Sum of Ten Dollars for every Twenty Four, that he[,] she[,] or they may neglect the same to be recovered before any Justice of the Peace for
the use of the person sueing for the same.
This act to be in force from and after its passage.
[ docketing
]
Bill for an act to provide for the draining Mill dams on the Mackinaw Creek
[ docketing
]
[01]/[02]/[1841]
[01]/[02]/[1841]
Judiciary
[ docketing
]
[01]/[06]/[1841]
[01]/[06]/[1841]
ord Engd[ordered Engrossed]
[ docketing
]
[01]/[18]/[1841]
[01]/[18]/[1841]
passed.
[ docketing
]
12
[ docketing
]
5
[ docketing
]
Strike out [?]
[insert?]
[?]
Handwritten Document, 2 page(s), Folder 48, HB 78, GA Session: 12-2,
Illinois State Archives (Springfield, IL) ,