Page images
PDF
EPUB

CANALS.

7, 1872.

AN ACT relative to the powers and duties of the canal commissioners rela- In force March tive to the Illinois and Michigan Canal, the lock and dam at Henry, and the improvement of the Little Wabash river.

seal.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the Board to adopt board of canal commissioners may adopt an official seal to authenticate their official acts; and all contracts, leases, or other instruments in writing, executed by said board, may be attested with such seal, and signed by such of the members of said board, or by their secretary, as the board of commissioners may by resolution direct; and in the performance of their official duties, and for all legal purposes, the said commissioners shall be deemed officers of the state, and not as a distinct corporation.

to have control.

§ 2. The board of commissioners shall have the general Commissioners control and management of the Illinois and Michigan Canal, the lock and dam in the Illinois river at Henry, and of the Little Wabash river improvement; and shall have power to make all necessary contracts, and appoint and employ all necessary officers, agents and employès therefor, and which may be necessary to enable the said commissioners efficiently to discharge the duties devolved upon them. The said commissioners shall have power to remove from office and discharge any officer, agent or employè appointed or employed by the commissioners; and shall also bave power to prescribe reasonable rules and regulations to govern such officers, agents and employès; and to fix the rate of tolls upon the Illinois and Michigan Canal, and the mode of collecting the same; and to prescribe reasonable rules and regulations concerning transportation upon said canal, and to prohibit persons who willfully fail to comply with such rules, from using said canal.

§ 3. The board of canal commissioners shall also have power to establish and collect reasonable rates of toil for the passage and use of the said lock at Henry and the lock on the Little Wabash river, and to prescribe and enforce reasonable rules and regulations for the passage and use of said locks by boats: Provided, that the use of said locks shall be free to the United States for the transportation of troops and munitions of war: And, provided, further, that the rates of toll on through freights, including the lockage at Henry, shall not be more than the rates heretofore charged on the Illinois and Michigan Canal on through freights.

Το establish rates of toil.

214

Tolls to be paid in state treasury

Power to lease lands.

erty.

CANALS-ILLINOIS AND MICHIGAN.

8 4. All tolls received for the use of said locks and river improvement, not necessary to keep the same in repair, and to pay the expenses of the collection thereof, shall be paid quarterly into the state treasury as a part of the general revenue of the state.

§ 5. The canal commissioners shall have power to lease any of the canal lands and lots now owned by the state, for a period not exceeding ten years; and may sell the same when, in their judgment, the interest of the state will be promoted; but before doing so, shall obtain the approval of the governor, both as to when, where and how the same shall be sold: Provided, however, that no part of the ninety feet strip along the canal, or any of the real estate in the city of Chicago, shall be sold. And it shall be their duty to take all necessary proceedings in behalf of the state to establish the title of the state to, and recover the possession of, any canal lands or real estate owned by the state, which may be claimed by, or be in the adverse possession of, any other person or party; and when necessary for that purpose, to cause appropriate suits, in the name of the People of the State of Illinois as plaintiff, to be instituted and prosecuted therefor. The said commissioners shall have power to lease to the highest and best bidder, any water power, and lands and lote connected therewith, belonging to the state, for any period not longer than fifteen years: Provided, however, that before any lease shall be made, public notice shall be given of such leasing, for at least sixty days, in some newspaper published in the neighborhood.

Power to sell § 6. They shall also have power to sell the engines, personal prop- boilers and machinery, in the pumping house at Bridgeport, and any other fixtures or personal property, unnecessary for the proper management of the canal or river improvements and pertaining to the same.

Report.

To execute conveyances.

§ 7. Said commissioners shall make an annual report to the governor, showing a summary of their official action, and containing an exhibit, showing the amounts of all moneys collected or received by said commissioners, and the sources from which such amount was received, and for what purpose, and when disbursed or paid over; and such other matters as said commissioners may deem advisable, or as the governor may require.

$ 8. Said commissioners are hereby authorized and directed to execute, in due form, all necessary conveyances that may be required to comply with the conditions of any bond, contract or agreement heretofore made by those lawfully authorized to sell any of the real estate known as "Canal lands," whenever the purchasers shall have complied with the conditions of said instruments of writing, and said commissioners are satisfied that they are justly entitled to such deeds. They are also further authorized to settle and adjust all claims against the state growing out of

the said canal since the said commissioners took charge and control of the same, and when fully satisfied than any such claim is a just charge against the present management, shall pay the amount out of the earnings of the canal.

$9. All laws or parts of laws inconsistent with the pro- Repealed. visions of this act are hereby repealed.

§ 10. Inasmuch as the public interests require that said Emergency. commissioners should at once have the right to exercise the powers mentioned in this act, an emergency exists requiring this act to take effect immediately: therefore, this act shall take effect and be in force from and after its passage. APPROVED March 7, 1872.

AN ACT to settle up and close the trust of the Board of Trustees of the Illinois In force April and Michigan Canal.

22, 1871.

WHEREAS the Illinois and Michigan Canal, and all remain- Preamble. ing canal property, have reverted or are about to revert to the state, and it devolves upon the general assembly to take the necessary steps to insure judicious and economical management of the same; therefore,

counts.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That it is commissioners hereby made the duty of the canal commissioners of this to examine acstate, upon the termination of the trust provided for by an act entitled "An act to provide for the completion of the Illinois and Michigan Canal," approved February twentyfirst, one thousand eight hundred and forty-three, and the acts amendatory thereto, to examine and audit the accounts of the board of trustees of the Illinois and Michigan Canal, and if, upon such examination, they shall find said accounts correct, they shall state the said accounts in full; and they, together with the canal trustees, shall certify that they are correct, and shall transmit copies thereof to the governor, who shall report the same to the general assembly at its next meeting.

trol.

$ 2. That it shall be the duty of the canal commissioners Commissioners to take charge of and exercise full control over the Illinois to take full conand Michigan Canal, from and after the passage of this act, and to receive from the board of trustees, aforesaid, all the money on hand belonging to the Illinois and Michigan canal fund, and pay the same into the state treasury, and a.so to receive such other property, books and office buildings, held by them as such trustees; and it shall be the duty of the said board of trustees to comply with the provisions of this act, and pay over all such money and deliver all such property to said commissioners promptly, upon the

Trustees to execute a release.

to appraise lands aud property.

passage of this act: Provided, that any claim for which the state trustee is now liable may be prosecuted against the said commissioners, and shall be paid by them out of the resources of the canal: Provided, that all moneys received for rents and tolls, not necessary for the expenses of the canal and for keeping the same in repair, shall be paid quarterly, into the state treasury, and that the rate of tolls shall not be increased without the consent of the general assembly.

3. That upon the termination of said trust, according to the provisions of the act above referred to, the said board of trustees shall execute under their hands and corporate seal, to the state of Illinois, a release deed of all and singular the remaining property, assets and effects, of every name and description, of said trust.

Commissioners 4. The said board of commissioners shall appraise all lands, islands, lots or parcels of land belonging to the canal property, not heretofore sold and forfeited, or which may hereafter be forfeited, and report the same to the governor, to be by him reported to the general assembly.

Emergency.

$5. As appears by the preamble, an emergency having arisen, this act shall take effect and be in force trom and after its passage.

APPROVED April 22, 1871.

In force July 1, AN ACT to grant the use of the canals in this state to the use of the inhabi

1872.

Preamble.

tants of the Dominion of Canada, upon conditions named.

WHEREAS by a treaty, concluded in the city of Washington, on the eighth day of May, eighteen hundred and seventy-one, between the United States and Great Britain, the government of her Britannic majesty engages to urge upon the government of the Dominion of Canada, to secure to the citizens of the United States the use of the Welland, St. Lawrence and other canals in the Dominion, on terms of equality with the inhabitants of the Dominion; and the government of the United States engages that the subjects of her Britannic majesty shall enjoy the use of the St. Clair Flats canal, on terms of equality with the inhabitants of the United States, and further engages to urge upon the state governments to secure to the subjects of her Britannic majesty the use of the several state canals connected with the navigation of the lakes or rivers traversed by or contiguous to the boundary line between the possessions of the high contracting parties, on terms of equality with the inhabitants of the United States; therefore,

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That when the Dominion of Canada shall have secured to the citizens of the United States the use of the Welland, St. Lawrence and other canals in the Dominion, on terms of equality with the inhabitants of the Dominion, and proper official notice of the same shall have been communicated to the president of the United States, then the use of the Illinois and Michigan Canal, and all other canals that may be constructed by this state, connected with the navigation of the lakes or rivers traversed by or contiguous to the boundary line between the possessions of the high contracting parties, is hereby granted to the subjects of her Britannic majesty on terms of equality with the inhabitants of the United States. APPROVED April 4, 1872.

Use of canals granted.

CERTIFICATES.

AN ACT to make the certificates of the register or receiver of any land office In force July 1, of the United States prima facie evidence.

1872.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the Certificates to certificate of the register or receiver of any land office in be evidence. this state to matters on record in their offices, accompanied by a certificate of the secretary of state of this state, under seal of this state, that he is well acquainted with the hand writing of such register or receiver, and the signature thereto is genuine, shall be prima facie evidence in ail courts in this state.

2. A fee of fifty cents shall be allowed for the services Fee. of the secretary of state for each such certificate made by him.

APPROVED March 22, 1872.

« PreviousContinue »