An act to amend an act in relation to the Illinois and Michigan Canal and to provide by sale of canal lands and water privileges for the payment of interest on the Canal debt.

Sect[Section] 1 Be it enacted by the People of the State of Illinois represented in the General Assembly, that sales of Canal lots lands, town lots and hydraulic privileges hereafter authorized by law, shall be regulated as follows and the ^power of^ Canal Commissioners shall be as follows, to wit

1^t The terms of sale, shall be; that each purchaser, shall at the sale, pay at the time of ^the^ bid or sale and before receiving his certificate one fourth part of the bid or appraised value and shall be bound to pay an interest of six per cent per annum upon the balance at the end of every year, for five years; at which time the interest and principal shall be paid

Sect 2 The Canal Commissioners shall as soon as possible and by the first of June next, appraise and class all Canal lands designating timber and coal lands on the plat and fix the price per acre to each tract, piece of town lot, and at the time of sale by the commissioners, no piece or lot as aforesaid shall be sold at a less price than as fixed by the appraisment

Sect 3 The Canal lands, lots and water privileges shall be first offered at the Canal office in Lockport, at public sale to the highest bidder and for not less than the appraisment, ^and^at at such times ^& places^ as will advance the interest of the State but not until the Canal Commissioners, hav[e] first advertised in some three newspapers ^for [40?] days prior to the sale^, of the time, place and terms of sale; which sale shall continue from day to day for two weeks after which public sale and offer of said lands lots & water power any of said lands lots or water power may sold at private sale ^but in no case^ for not less than their appraisment

Sect 4 In all sales of lands & lots ^and water power ^as aforesaid and where the same shall be on a credit, the following conditions shall be annexed and shall compose a part of the contract
1^t That the purchaser will not appropriate or use the lot, land or water power so as to reduce its value by the use ^means^ of the use or occupation thereof
2^d That on failure to make payment of interest and principal according to the terms of sale all rights acquired by the purchase and the money paid shall be forfeited to the State.

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3^d That timber being or growing on said Land shall not be used nor sold nor converted to any other purpose than ordinary farming purposes nor or for improvements on said lot or lands or water power.
4^th That a lien shall exist in favor of the State as well upon the improvements buildings and machinery on the said Lands, Lots or Water power for the payment of the purchase money and interest, as upon the said Land Lots or Water power.
5^th That no fixtures buildings or machinery shall be removed from said Lands Lots or Water Power, without consent of the Canal Commissioners
6^th That ^no^ water flowing in the Canal or stream of Water running over or through the Canal Lands, shall

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pass by the sale so as to deprive the State of the use of such water if necessary to supply the Canal without charge for the same nor shall the State be subject to damages for a lack of water in any case unless the State fail to repair the breach or causes of such deficiency in one year thereafter or abandon the use and occupation of the Canal as a Highway altogether
7^th That the State, the Board of Canal Commissioners the agents of each and all Contractors acting under the authority of the Board or State shall have a right of way over and upon said Land in the construction and use of the Canal, free from charge Provided that purchasers or owners

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may select the ground on which roads for the use aforesaid shall pass if there be no road at the time of purchase.
8^th That lands sold under the provision of this act and all improvements made thereon shall be subject to taxation from the date of sale ^x^ according to the Laws of the State which may be enacted with reference to other States; the taxes to be assessed and collected under and according to the revenue laws of the State.
9^th Water power leased as aforesaid may be taxed as aforesaid lands sold and the non payment of the tax aforesaid may be collected

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by selling the rents and profits accruing and growing out of the improvements and the Collector may give possession to such purchaser, or the Collector may levy on personal property of such lessee and sell it as by the Law regulating Sheriffs’ sale

Section 5^th Purchasers of Canal lots and lands and Water power shall be entitled to Certificates of purchase from the Treasurer of the Board, upon making the first payment of the purchase money, which shall contain a description of the lot or land or water power purchased and terms of sale and the condition upon which purchasers

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will be entitled to Patents upon complying with the terms of this act and upon paying to the Treasurer aforesaid the principal and interest due thereon and receiving from him a final Certificate as evidence of such payment; and the purchaser shall upon surrender of the said Last Certificate to the Governor receive a Patent for the land described therein and such final certificates may be given to assignees or transferrees upon making proof of assignment and transfer as required by the act entitled “an act in relation to the title of School and Canal Lands approved

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sixteenth of January one thousand eight hundred and thirty seven,” and patents shall issue on all final Certificates to purchasers their heirs or assigns as required by the above recited act; and purchasers of lots and lands heretofore forfeited shall be entitled to credit for the amount paid by paying the balance on the new appraisements according to the terms of this act.

Section 6^th The Certificates of the purchase of Canal Lots, Lands and Water power shall be evidence of title in the purchaser, his, her or their heirs or assigns except as against the State or a Patent.

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Section 7^th For the purpose of certainly providing means from the Canal Lands lots and water power to pay off the interest due and to become due on the Canal debt the Canal Commissioners shall first offer for sale at Lockport all Canal Lands and Lots and Water power as recited in this act, to the highest bidder, and in case enough of said Lands Lots or water power be not sold to pay the interest accruing on said Canal debt, then the said Canal Commissioners shall sell for cash any of the said L Lands lots or water power

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in such manner and places as will be most advantageous to the interests of the State provided that no Canal lands lots or Water power, be sold at less than their appraised value

Section 8^th The purchaser under this act from the Commissioners or their agent shall be entitled to a Patent upon complying with this act and on presentation of his or their certificate as in the preceding sections.

Section 9^th Purchasers of Canal lots lands and water power may at any time pay the amount due upon the purchase, and

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receive final Certificates from the Treasurer or agent acting for the Commissioners as herein provided and a patent as provided herein

Section 10. The Canal Commissioners shall as in the preceding sections be required to mark off on the map and value each and every piece of land designed for water power which the Canal Commissioners may sell in the same manner as Canal Lands but at not less than the appraised value; the purchaser thereof being subject to the following conditions,
1^st That the State

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shall at all times have a right to use any or all the water which may be thought necessary by the chief Engineer and Canal Commissioners or person then acting as the only Commissioner or Board; for the use and supply of the Canal to pass ^all^ boats, all floats and ^all^ crafts going on and in said Canal, Provided that not exceeding one fourth of the water power at each Lock or Dam or place, shall be so sold until the year one thousand eight hundred and forty two

Section 11^th The Canal Commissioners

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shall also, if the interest of the State requires the same shall be empowered to lease for a term not exceeding fifty years any or all the water power on said Canal after each Lot or piece of land with water priveleges thereon shall have been marked off, appraised and first offered for sale as in the preceding sections Provided also the Lessee shall be subject to the condition in the preceding section

Section 12^th Sales of Water power

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and Leases shall contain specific descriptions by actual measurement of the lots leased and shall specify the quantity of water to be used per day week or month.

Section 13. One copy of each sale or Lease shall be delivered to the purchaser or Lessee who shall in six months thereafter cause the same to be recorded by the recorder of the County in which the premises sold or leased are situated one Copy shall be filed and kept by the Board of Com-

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missioners and the other shall be by the Board delivered to the Auditor of Public Accounts and a duly certified copy of which sale or lease by the Recorder or Auditor shall be evidence in all Courts in Illinois.

Section 14. The Canal Commissioners shall have power to fix a time within which the Lessee or purchaser shall commence the business or put in operation the

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the machinery intended to be used upon lots thus sold or leased and on failure to comply with the conditions thereof either as to time or manner ^and^ on giving to the purchaser or lessee or their agent six months notice of such breach and a non execution of such on the part of such purchaser or lessee; then in that case the contract shall be void and

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the lot or piece containing such water power may be resold or re-leased by the Canal Commissioners or their ^by the^ agent of the State for that purpose

Section 15^th Sealed proposals may, prior to the day of public sales be received for purchases under the provisions of this act; and each proposal shall specify the use intended to be made of the lot and water ^power^, the time within which the buildings shall be commenced and completed and the time of commencing the use of

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water for manufacturing purposes and also the dimensions of the buildings as to width height and length and if such be the highest and best bid when opened on the day of sale or lease and for the best interest of the State, the Commissioners may accept the same

Section 16. After the Canal Lands lots and water power have been once offered for sale at Lockport and remain unsold for want of bidders the Canal Commissioners may at any time thereafter sell any of the Canal

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Lands or lots and water power (the sale of the water power as to time and amount being subject to the restrictions contained in this act) at private sale for cash or on credit as stated aforesaid at such times and places and in such manner as will best advance the interest of the State Provided that no tract or piece of land or Lot or portion of Water power be sold for less than its appraised and fixed value.

Section 17.^th The money received by the Canal Commissioners for the sale of Land Lots or Water Power

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or Lease of Water Power under this Act shall be applied by the Canal Board or their agent, in the first place to the payment of all Interest from time to time accruing and due on the Canal debt, and the balance (if any) may be deposited with the State Bank of Illinois, or the ^Bank of^ Illinois Bank at Shawneetown or with any solvent and safe Corporation which will allow interest on the same; the principal to be repaid whenever the same or any part of the money so deposited or loaned ^loaned^ shall be required

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to further pay the interest on the Canal debt:

Section 18^th The Canal Commissioners or their Agent are hereby authorised to receive, sue for or collect any money now due or to become due on any Contracts heretofore or hereafter made for the sale of Lots or Canal Lands or Water power and after such collection to apply the monies so received and collected towards the payment of the interest due on the Canal debt; and they shall from time to time pay off the interest so accruing

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and due from money received either from Canal Lands heretofore or which may be hereafter sold by them as a part of the duties of their office: and for that purpose to sell the lands lots or Water power as aforesaid; they are authorised to appoint one of the said Canal Commissioners or a competent individual for that purpose ^either of^ whom when appointed shall give Bond with security in the sum of fifty thousand dollars

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for the faithful performance of his duties as pointed out in this act, a copy of which bond shall be sent by them to the Auditor of Public Accounts

Section 19. The President, the acting Commissioner and Treasurer shall hereafter constitute the Board of Canal Commissioners of the Illinois and Michigan Canal and give bonds in amount as before provided and shall before entering on the duties of their office take and subscribe the following oath administered

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by some Justice of the Peace and entered on the back of their Commission, a Copy of which shall be sent to the Auditor of Public Accounts “I do solemnly swear (or affirm as the case may be)” in the presence of Almighty God that I do not hold any interest in any Contract directly or indirectly, for work done or to be done on the Canal Line or any Contract made by the former Canal Commissioners; nor will I directly or indirectly have any interest in any Contract to be made

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by the Canal Commissioners or their Agent; neither am I interested nor will ^I^ be interested in any land which will be advanced in price by relocating any part of the Canal so long as I shall continue in office; but will to the best of my ability do all things for the best interest of the State only while acting as Canal Commissioner”

Section 20^th all Engineers and their assistants shall before they are authorized to act take and

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subscribe the same oath as near asmay be,to be filed in the Canal office a Copy of which shall be sent by the Commissioners to the Auditor as aforesaid

Section 21. If any Canal Commissioner or Engineer or their Assistants shall swear knowingly and falsely as stated in the preceding sections he shall be liable to be indicted for wilful and corrupt perjury and punished accordingly

Section 22^d That the Act entitled “An Act to provide for selling water lots

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and privileges on the Illinois and Michigan Canal” approved the twenty second day of February one thousand eight hundred and thirty nine and so much of the Act entitled “An Act to amend the several Laws in relation to the Illinois and Michigan Canal approved the twenty sixth day of February one thousand Eight hundred thirty nine as is inconsistent with the powers of the Commissioners here grantedor leasing of Canal Land Lots or water power or which

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is inconsistent with this Act also the ninth section of An Act entitled “An Act to provide for the sale of certain Canal Lands and for other purposes” approved the twenty first day of July one thousand eight hundred and thirty seven and the fifth Section of “an act to amend an Act entitled “an Act for the construction of the Illinois and Michigan Canal approved the ninth day of January one thousand eight hundred and thirty six approved the second day

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of March one thousand Eight hundred and thirty seven ^and all other acts & parts of acts inconsistent with this act^ be and the same are hereby repealed

Section 23^d The Canal Commissioners shall within six months procure a common seal to be impressed on all Contracts for work on the line of Canal and on all checks drawn by the Board on any Bank or Corporation, or person, for the payment of Canal Contractors; and on all powers to agents ^to aid in^ ^appointed by the Board to complete the said Canal^

Sect 24 All suits heretofore ^brought & pending^ or hereafter ^to be^ brought and in any Court by the Board of Canal Commissioners, their agent, or in the name of the State, on Contracts & matters in relation to the Canal, or for the benefit of the Canal fund, the suit ^so commenced^ may be appealed by filing a transcript or record with the Clerk of the Circuit or Supreme Court as the case may be, and when the transcript or record shall be so filed, notice may be given the appellee as in other cases, and the cause shall then be for hearing as other appeals or the Board or their agent may have a writ of error as indivials without giving bond in this or an in any case where the Board of Commissioners ^have filed^ or the their agent has commenced the suit for the benefit of the Canal fund

Sect 25 The acknowledgment of any defendant or the common reputation that the land on which the trespass or injury is done, is Canal land, shall be sufficient evidence to sustain the suit of the fact of its being Canal land, unless the defendant can show the land to be his or the land of another by a higher and better title. Or the Board or their agent suing for contracts relating to Canal lands or injury done on the same, may rely on the thirteenth section of an act entitled “An Act to protect the Canal lands against trespassers approved 4^th March 1837” as evidence to prove title, this ^section^ shall apply as well to suits before as hereafter commenced.

Sect 26 That the thirty eighth section of an ac[t] entitled “An Act for the construct[ion] of the Illinois and Michigan Canal approved January 72^th 1836, and also section two of an act entitled “an act to provide for the sale of certain Canal lands and for other purposes approved 21^st July 1837” be and the same are hereby repealed