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AN ACT to amend the act entitled "Evidence and Depositions," Revised
Statutes, chapter forty.

SECTION 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That hereafter on the trial of any suit in chancery, the evidence on the part of either plaintiff or defendant may be given orally, under the same rules and regulations as evidence in cases at common law: Provided, however, that depositions taken in pursuance of law may still be read in evidence, as if this act had not been passed.

APPROVED February 12, 1849.

AN ACT to provide for the right of way for purposes therein expressed.

con

SECTION 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That Benjamin Newell, his heirs and assigns, of the county of Bureau, and state of Illinois, is Powers to hereby authorized and empowered to construct a canal from the Illi- struct a canal. nois river, commencing at or near the mouth of Negro creek, in the county of Bureau, to the Lake Depeau, for the purposes of navigation from said river through said lake aforesaid.

lands.

§ 2. The said Benjamin Newell, his heirs and assigns, is hereby To enter upon authorized and empowered to enter upon all lands necessary for the construction of said canal, paying the owners of the same damages for the right of way across said lands; and in the event of disagreement between the said Benjamin Newell, his heirs and assigns, and any other person or persons owning said lands, as to the amount of such damages, the same shall be ascertained in the manner provided in chapter ninety-two, Revised Statutes, concerning right of

way.

§3. The improvement authorized by this act shall be so far Time of complecompleted as to admit of the passage of boats through said canal tion. within two years from the passage of this act, or the privileges granted by this act shall be forfeited.

§ 4. The said Benjamin Newell, his heirs and assigns, shall not Tolls. be authorized to demand and receive tolls for the passage of boats or other craft through said canal.

APPROVED February 12, 1849.

AN ACT declaring the Saline river navigable in Saline county.

SECTION 1. Be it enacted by the people of the state of Illinois, Navigation represented in the General Assembly, That the navigation of the Saline tended. river is hereby extended from McFarling's old mill up to S. Garris' mill, in Saline county.

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§ 2. If any person or persons shall obstruct or cause to be ob- Penalty for obstructed said river, so as to render the same inconvenient or dan- structing.

gerous to pass with boats, such person or persons so offending shall be liable to indictment before a grand jury, or upon information on oath, before a justice of the peace of the proper county, and on conviction thereof shall pay a fine not exceeding one hundred dollars, with costs of suit; such fine, when collected, to be paid into the treasury of the school district or township in which the offence shall have been committed, to be applied to school purposes. This act to be in force from and after its passage.

APPROVED January 25, 1849.

AN ACT concerning the jurisdiction of the state of Illinois over the Ohio

river.

SECTION 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That hereafter the jurisdiction of the state of Illinois shall be considered as extending, and as being concurrent with the state of Kentucky over the Ohio river.

§ 2. Each of the several counties of this state lying on the Ohio river, and bounded thereby, are hereby invested with concurrent jurisdiction over the said river in all cases occurring on said river, and opposite to each of the said counties.

§ 3. Nothing herein contained shall be so construed as to extend the jurisdiction of said state over any islands in said river included within the corporate limits of any county in the said state of Kentucky.

APPROVED February 9, 1849.

AN ACT to make a levee and other improvements on the Wabash river.

SECTION 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That a vote shall be taken by the Vote to be taken. legal voters of Lawrence county, at the next regular election to be

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held in said county, for and against a special tax to be levied by the county commissioners' court of said county, in the manner hereinafter specified, and that a poll shall be opened at said election, by the judges thereof, for that purpose, and a return of the vote shall be made to the clerk of the county commissioners' court, as in other cases, and the clerk shall lay before the county commissioners' court an abstract of said vote.

§ 2. If a majority of said votes shall have voted in favor of levying said special tax, it shall become the duty of the county commissioners' court, at the term of the court in each and every year thereafter, at which said court shall levy a tax for county purposes, also to assess a special tax, not exceeding five cents on the one hundred dollars' worth of taxable property, real and personal, and a column in the tax book shall designate the amount to be collected from each person, and which may be paid into the county treasury when collected, to be set apart by the county commissioners' court

of said county as a fund for the construction, repair and preservation of a levee from a point on the Wabash river, at or near the town of Russellville, to the mouth of the Embarrass river.

§ 3. The county commissioners' court of said county shall appoint some discreet person superintendent, and it shall be the duty of said superintendent to procure hands to labor in constructing said levee, and shall have power to adopt such measures as he shall deem necessary for the construction, repair, and preservation of a levee or embankment of sufficient height and strength to confine the water of the Wabash river within said levee or embankment, and prevent the overflow of the adjacent country.

Superintendent.

§ 4. The said superintendent shall procure the services of a To cause survey. competent engineer to make a survey of the ground upon which said embankment is intended to be made, [and] an estimate of the

probable cost of the construction of said work, who shall make a And report. report of the same; which report shall be laid before the county commissioners' court, and if the estimated cost of said improvement shall exceed the amount of money in the treasury appropriated for the same, the construction of said work shall be delayed until a sufficient sum shall have been realized to defray the cost and expense of the construction of said improvement, or the said court, in its discretion, shall direct said superintendent to proceed with the construction of the work, and shall, after the expenditure of the money in the treasury, issue special county orders, bearing in- Issue county orterest at the rate of six per cent. per annum from the date of the issuing of said orders, in amount not exceeding three times the whole amount of said special tax levied for the first year; which county orders shall be reimbursable, with interest, at the expiration of four years from the date of the same, to be paid out of said fund provided as aforesaid.

ders.

§ 5. The said superintendent shall enter into bond, with secu- Enter into bond. rity, to be approved by said court, payable to the county commissioners of said county, and their sucessors in office, in such sum as the said court shall direct, conditioned for the faithful performance of his duties as such superintendent; and said superintendent shall be removable at the pleasure of said court, for good cause shown.

account.

correct

§ 6. The said superintendent shall keep a true and faithful ac- Keep a count of the labor performed by hands, and of materials furnished,, under him; which shall be returned to the next term of said court, and thereupon the said county commissioners' court shall direct an order to be issued to each and every person having performed labor or furnished materials for the construction of said work aforesaid, for the amount which may due such person or persons. § 7. The clerk of the county commissioners' court shall keep, Duty of clerk of in a separate book, to be furnished by him, a true and correct account of the expenditures authorized under this act.

the county commissioners'

court.

§ 8. The said superintendent shall be allowed the sum of one Compensation of dollar and fifty cents for each day necessarily engaged in the per- superintendent. formance of his duties contemplated in this act.

§ 9. This act to be in force from and and after its passage. APPROVED February 6, 1849.

Authority givendams.

AN ACT for the improvement of the navigation of Rock River, and for the production of hydraulic power.

SECTION 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That, for the purpose of obtainto construct ing, with as little delay as practicable, a slack water navigation on Rock river, within this state, and for the production of hydraulic power by the same, authority be and the same is hereby granted for the construction of as many dams across said river as shall be necessary to produce a sufficient depth of slack water navigation; and so soon as the whole or any considerable number of dams shall be constructed under the provisions of this act, and the legislature shall be of opinion that the public good requires the construction of locks therein, they hereby reserve the right to require the same, of such dimensions and materials, conferring such rights and privileges, and imposing such restrictions as they shall deem equitable and just.

of dams.

§ 2. It shall be the duty of the owner of any dam constructed Duty of owners under the provisions of this act to provide the same a good and sufficient shute for the passage of rafts and flatboats; such shutes to be not less than forty feet in width, and with a suitable slope in proportion to the head of water produced by said dam.

To sue out writ

num.

§ 2. It shall be the duty of any person or persons, body corpoof ad quod dam- rate or politic, before proceeding to construct any such dam as is provided for in this act, to sue out a writ of ad quod damnum, as provided for in chapter seventy-one of the Revised Statutes of this state, and all proceedings in relation to the same shall conform to said act.

Ten persons may

§ 4. For the purpose of accomplishing the objects set forth in form a company the foregoing sections of this act, any number of persons, not less than ten, may associate as a company and be incorporated as such as hereinafter provided, by filing in the office of the county clerk a certificate signed by each and every person interested, setting forth the amount of their capital stock, the number of shares subscribed for by each, with the name by which the company is to be designated; which certificate shall be recorded and accessible in proper office hours to any person interested. For the filing and preservation of said certificate, said clerk shall be entitled to charge and receive one dollar.

To be

itic.

body pol- § 5. Every company organized under the provisions of this act, shall be and it is hereby created a body corporate and politic, by the name and style as hereinbefore provided,and by that naine shall be and are hereby made capable in law to sue and be sued to final judgment and execution, plead and be impleaded, defend and be defended, in any court of record, or other place whatever, to make, have and to use a common seal, and the same to alter or renew at pleasure; and shall be and are hereby vested with all the privileges, powers and immunities which are or may be necessary to carry the purposes and objects of this act into effect; and are made capable of purchasing, holding, and conveying real and personal estate, of contracting and being contracted with, and every such corporation is hereby authorized and empowered to locate, construct, and finally complete a dam or dams across said river in conformity to the provisions of this act, in such manner and form as the company shall deem most expedient.

tors.

§ 6. The government and direction of the officers of every such Board of direccompany shall be vested in a board of not less than five directors, who shall be chosen annually by the members of the company, in the manner hereinafter provided, and shall hold their respective offices until their successors are duly elected and qualified; and the said directors, a majority of whom shall form a quorum for the transaction of business, shall elect one of their number to be president of the compeny, and shall have authority to chose a clerk, who shall be sworn to the faithful discharge of his duties, and a treasurer, who shall give bond to said company, with securities and for a sum to be approved by the directors, for the faithful performance of his trust.

president and

§ 7. The president and directors of every such company are Powers, &c., of hereby authorized and empowered, by themselves or their agents, directors. to exercise all powers herein granted to such company, for the purpose of locating and constructing said dams; to purchase and hold land, materials, and the necessary things for the building and use of the same; and to make such equal assessments as may be necessary from time to time on all shares in said company.

power owned by company.

of company.

§ 8. Every such company shall be the sole owners of the water Water power to be produced by the dam by it constructed, and may let, contract, or lease the same, or any part thereof, for any species of machinery or manufactories, or may themselves use the same, or any part thereof, and may erect such offices, buildings, mills, works and machinery, as may be necessary to carry on the business. § 9. The annual meeting of every such company shall be held Annual meeting at such time and place as may be designated by a majority of the members; at which meeting the directors shall be chosen by ballot; each member being entitled to as many votes as he holds shares: Provided, that at least ten days' notice of the time and place of holding the first annual meeting shall be given by publishing the same in a newspaper printed at or nearest to the place where any such dam is to be erected, or by posting notices of the same in three public places in said vicinity.

poration.

§ 10. Every such corporation shall be liable for all damages that Liability of cormay arise to any person or corporation, by overflowing of land or or other property caused by the erection of any such dam; to be recovered in the manner provided by law.

such com

§ 11. It shall be the duty of the directors of every pany to divide and pay to the shareholders their just proportion of the profits arising from their works, and to pay no more than a just equivalent for services rendered by officers and others in the employ of the company; and it shall be the duty of the treasurer annually to prepare a written statement of the receipts and expenditures of such company, and to file the same, verified by affidavit, in the office of the county clerk of the county in which their dam shall be located, on the first Monday of each and every year.

Dividends.

§ 12. The capital stock of any company organized under the capital stock. provisions of this act shall be not less than ten, nor more than thirty thousand dollars, to be divided into shares of twenty-five dollars each. The subscribers for each share shall be held accountable to the directors, and all other persons interested, for the full amount of the stock severally subscribed for, and the owners in law

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