or neglect to complete the said canal, within three years after this act goes into operation, then and in such case, the lands and property hereby granted to said trustees shall revert to the State. SEC. 15. The said board of trustees shall annually establish Trustees to a tariff of tolls to be paid for transportation upon said canal, establish (but the Legislature hereby reserves the right to increase the rates of toll tolls with a view to an increase of revenue, but shall not reduce the same without the consent of the trustees,) and are hereby fully authorised and empowered to collect the same, and from time to time to make, ordain and establish such reasonable rules, by-laws, and regulations in relation to the Rules, bycollection of tolls, the transportation upon the canal, the conduct of boats and rafts, and the general police of the said canal, as are usual, or may be found necessary, and to enforce the observance of the same; and that said canal, when completed, shall in all future time be free for the transportation of the troops of the United States and their munitions of war, without the payment of any toll whatever. laws clared subscribers to SEC. 16. After the completion of the said canal as aforesaid, Annual dividthe said board of trustees shall make annual dividends of the ends to be demoneys which shall come to their hands from the said canal, its assets, tolls, revenues, and lands granted to the said trustces by this act, after payment of incidental expenses, among the holders of the bonds of this State, in the following order: first, First, to holthe said board of trustees shall annually make a pro rata divi- ders of cerdend on payment of said moneys on the certificates given to tificates the subscribers, to the loan authorised by this act, until said certificates and interest thereon are fully paid. Second, the Second, to said trustees shall then make annual dividends and payments said loan beof said money upon the interest due upon the bonds, and other ing the holdevidences of indebtedness held by the subscribers to the said ers of bonds loan, a description whereof shall have been filed with the Governor, as provided in the ninth section of this act, until the Third, to the interest thereon is fully paid. Third, the said trustees shall non-subscritben make annual dividends and payments of said money upon of bonds in bing holders the interest due to the non-subscribing holders of bonds, or payment of other evidences of canal indebtedness. Fourth, after paying interest all interest due such non-subscribing bond holders, the said Fourth, to the trustees shall make annual dividends pro rata upou the princi- nid bonds principal of pal of the bonds and other evidences of canal indebtedness, &c. held by the subscribers to said loan, as provided for by the ninth section of this act, until the same shall be liquidated, at which time the trust hercby created shall cease, and the canal shall revert to the State, with all the appurtenances thereunto Upon paybelonging; Provided, that the certificates of canal indebted- ment of all ness, not stipulating on their face for the payment of interest, shall, when registered by subscribers to said loan, as hereinbefore provided, bear an interest of six per centum per annum, Interest alfrom and after they shall be so registered; Provided, further, in certifi that no appraisal shall be made for any damages arising under debts canal to revert to State lowed on cer cates unless the contractor consents to No appraisal the provisions of any contract entered into in pursuance of to be made for an act for the construction of the Illinois and Michigan Canal, any damages unless the contractor or contractors interested therein, shall first signify his or their consent in writing. (which writing shall relinquish be deposited with the appraisers, to be filed in the Auditor's prospective office,) that such appraisal of damages shall be made without damages allowing any prospective damages, or any profits which said contractor or contractors might have made, had they finished Contractors, their jobs; but such contractor or contractors shall be allowed the value of their machinery upon the canal at the time the work stopped, and back per centage and scalcage, which chinery &c. entire amount of damages so allowed, to all contractors, shall not exceed the sum of two hundred and thirty thousand dollars. to be allowed the value of their ma Goy. to ap sers to assess contractors Appeal allowed Gov, to issue SEC. 17. The Governor is hereby authorised and empowpoint apprai- ured to appoint three discreet and skilful persons to go on to damages of the jobs and lettings upon the canal, and appraise the actual damage which the respective contractors upon the said canal will sustain in being deprived of the same. Said appraisal shall be final and conclusive, unless appealed from. That if any person shall consider himself aggrieved by the decision of said appraisers, he may appeal from the same at any time within. thirty days, to the circuit court of the county in which the job so appraised is situated. If the Governor shall be satisfied that the appraisal is fair and honest, he shall issue certificates of canal indebtedness, bearing interest at six per cent., to the persons in whose favor the appraisal shall be made, for the Present con- amount; the holders of which certificates shall be entitled to all tractors may the privileges conferred by this act upon the other holders of job at engi- canal indebtedness; and the present contractors of the Illinois and Michigan Canal shall have the right to take the contract for the jobs which they now hold, at the estimate of the engi neer to be appointed by said trustees, under such regulations and provisions as the said trustees shall direct. certificate for amount of appraisement take the same neer's esti mate Time when take effect SEC. 18. This act shall go into effect, and the said canal this act shall property and assets shall vest in the said trustees, as hereinhe fore granted, whenever and as soon as the full amount of the said loan shall be subscribed for, and the trustees elected as herein before provided; and when this act goes into effect, so much of the acts heretofore passed by the Legislature of this State in relation to the Illinois and Michigan Canal, and the canal lands and property, as conflicts with the provisions of this act, are hereby repealed. Conflicting laws repealed ty to revert to State Upon fulfil- SEC. 19. Whenever the trust created by this act shall have ment of trust been fully executed and performed by the said trustees, the canal proper said canal and the canal property that may then remain, shall revert to the State; and the State hereby reserves the right of paying off the bonds and certificates to be paid to the said trustees, and the incidental expenses paid by them, and the interest thereon; and the said trustees shall then resign the said canal, and the remaining canal property and assets to the State. SEC. 20. This act shall be a public act, and shall be liber- Faith of the State pledged ally construed in all courts of justice, and the State hereby to supply desolemnly pledges its faith to supply, by future legislation, all fecta in this such defects as may be found necessary to enable the said act trustees to carry into full effect the fair and obvious intent of this act. or and others to effect a contract SEC. 21. If, in consequence of any defect, omission, or ob- Bond holders jection to the foregoing act, the said bond Folders or other failing to subpersons shall neglect or refuse to subscribe for the said loan; scribe for said in that case, the Governor is hereby authorised to negotiate, loan, the Gov. and enter into a contract with the said bond holders, or other persons, in pursuance of the general principles of this act; Provided, that he shall make no further pledge of the faith Proviso credit of the State, for any advance of money, but shall be limited to pledging the canal and canal property therefor; And provided further, that in any negotiations to be made under the provisions of this act, for the purpose of carrying them into effect, nothing shall be done which shall in any wise interfere with the rights now secured to the holders of canal bonds. The Governor is hereby vested with all such power as may be Powers vested necessary to carry this act into operation, or to make, or cause in Governor to be made, such negotiation. " neer to be SEC. 22. The said trustees shall employ a chief engineer Chief engi of known and established character, for experience and integ- employed rity, who shall be subject to the direction of the trustees, but shall be required to execute a bond to the Governor in the To give bond sum of ten thousand dollars, to be approved by him, for the faithful performance of all the duties of an engineer, and shall be subject to be removed by the Governor for any good reasons which he shall make known to the next General Assem bly. The said engineer shall, in addition, be required to take To take oath an oath, "that he will faithfully and impartially perform all the duties of his office without respect to persons, and that he is neither interested, nor will be interested in any job, work, or contracts, let or to be let on the canal, or connected therewith," which oath shall be entered and subscribed on the bond of said engineer. APPROVED, February 21st, 1843. AN ACT to authorise the canal commissioners to pay the back per centage on section 187. In force. Feb. 24, 1843. centage for SEC. 1. Be it enacted by the People of the State of Illinois, Canal com'rs represented in the General Assembly, That the board of canal required to commissioners are hereby authorised and required to pay to pay back per George W. and William E. Armstrong, all the fifteen per certain work centum retained by said canal commissioners for work done done on canal by said George W. and William E. Armstrong, under a contract of James G. Armstrong and Alexander Mc. Groves, upon section number one hundred and eighty-seven of the Illinois and Michigan Canal, with six per cent. interest from SEC. 2. This act to be in force from and after its passage. In force, Mar. 2, 1843. All laws pro election of of AN ACT to reduce the number of officers upon the Illinois and Michigan Caual. SEC. 1. Be it enacted by the People of the State of Illinois, viding for the represented in the General Assembly, That all laws of this State ficers of Ills. so far as they provide for the election or appointment of comand Michigan missioners, engineers, or other officers of the Illinois and Micanal repea- chigan Canal, be and they are hereby repealed. led Certain officers contin ued in office for a limited time SEC. 2. The present acting commissioner of the said canal shall continue to hold his office until some other officer or officers are appointed to take charge of the affairs of the canal, and shall perform all the duties heretofore required to be performed by the board of commissioners and treasurer. The office of secretary is also hereby continued as aforesaid; and one engineer, to be selected by the said commissioners shall be retained until settlements have been made with contractors. The said commissioner is also authorised to employ an agent for the prevention of trespasses upon canal lands, in case the services of such agent shall be deemed necessary. Com'r to re- SEC. 3. The said commissioner shall at all times receive such ceive eviden- evidence of canal indebtedness as have been issued or may be ces of indebtedness in pay-issued, as aforesaid, in payment for balances due for lands or ment of bonds lots, whenever the said evidence of indebtedness may sented for that purpose; and upon full payment being made, he shall issue final certificates to the purchaser or purchasers of said land or lots. &c. be pre SEC. 4. This act shall take effect from and after its passage; and thenceforth the salaries or pay of those officers not hereby expressly authorised to be continued or retained in office shall cease. APPROVED, March 2d, 1843. In force, AN ACT to provide for the allowance and payment of interest and money Mar. 3, 1843. due the contractors on the Illinois and Michigan Canal. Preamble WHEREAS, the contractors on the Illinois and Michigan Canal have suffered great inconvenience in consequence of the non-performance on the part of the State, and as there is estimates and money due them, and placed to their credit, in the office at Lockport, which has not been paid over to the said contractors; therefore, SEC. 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That it shall be the duty of Ills. and Mi tractors for the commissioner, trustee, or agent, of the Illinois and Michi- Com'rs of gan Canal, to examine into and investigate the claim or claims chigan canal of the contractors on the Illinois and Michigan Canal, and on to give certifisuch examination if it shall be ascertained that there is money cates for modue the said contractor or contractors, for labor performed on ney due consaid canal, which has been placed to his or their credit in the work on canat canal office at Lockport, then in that case it shall be the duty of such commissioner, trustee, or agent, that may be appointed to superintend the canal, to give him or them a certificate to that effect, for both principal and interest, from the the time the money was due, to the said contractors on said canal; Provided, that any interest so paid shall be considered as a portion of the sum limited to be paid to contractors in the act entitled "an act to provide for the completion of the Illinois and Michigan Canal, and for the payment of the public debt," passed at the present session of the General Assembly. This act to be in force from and after its passage. APPROVED, March 3d, 1843. AN ACT for leasing water power on the Illinois and Michigan Canal. In force, Mar. 4, 1843. WHEREAS, but a small amount of the money will be required Preamble to complete the Fox river feeder, and furnish water to propel machinery at Ottowa, La Salle county, from the canal, as has been heretofore planned, it would be for the interest of the State, as well as for the benefit and convenience of the citizens of La Salle county, that the agent of the State in charge of the canal, or the trustees who may be appointed under a late act to provide for the completion of the Illinois and Michigan Caual, dispose of the same, as provided for by an act to provide for selling water lots on the Illinois and Michigan Canal, approved February twentysecond, one thousand eight hundred and thirty-nine, before the canal is finished, that the State may receive the income which would accrue, and the citizens of La Salle county the convenience from the use of the same; therefore, Ills. & Mich. and lots at SEC. 1. Be it enacted by the People of the State of Illinois,, represented in the General Assembly, That the agents of the Trustees of State having charge of the Illinois and Michigan Canal, or canal may the trustees that may be appointed under the provisions of an sell certain act to provide for the completion of the Illinois and Michigan water power Canal, may and are hereby authorised to dispose of the sur-Ottowa plus water from the canal at Ottowa, La Salle county, together with lots on which the same may be used, on the terms provided by an act to provide for the disposing of water lots on the Illinois and Michigan Canal, approved February twenty-second, one thousand eight hundred and thirty-nine, except so much of said act as is contained in the third section of said act, which said third section of the said act is hereby repealed, |