Sec. [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 on either side of the Mackinaw creek,2 in McLean county, in this State, or any water grist mill or saw mill or any other machinery which is now erected thereon, or which may be hereafter erected thereon, above the mouth of Money creek,3 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 proprietor or proprietors, or mill owners, 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 t0 erect such flood gate or gates, unless individuals in the neighborhood 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, 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 ninety 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 into the county treasury of the county in which the premises are situated, and the other half to the person suing 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 hours that he, she, or they may neglect the same, to be recovered before any justice of the peace, for the use of the person suing for the same. This act to be in force from and after its passage.

Approved, February 19, 1841.