Rates of Toll Fixed.

Penalty for Avoiding Toll, or Damaging Road.

half cent additional per mile, for every animal more than two; for every ten head of neat cattle, sheep or swine, one cent per mile; for every horse or mule with or without rider, one cent per mile.

§ 9. The county board of any county in which any toll road, or any part thereof, is, or may hereafter be situated, may, from time to time, fix such rates of toll to be charged on such road, or part thereof, less than the rates mentioned in the preceding section, as they shall deem proper; and in case of the neglect of the owner or operator of any toll road to keep the same in repair, and suitable for public travel, may prohibit the taking of toll thereon.

§ 10. Every person or corporation owning or operating any toll road shall keep a list of the legal rates of toll, printed or written in a legible hand, constantly posted up in some public place at or near the toll gate or place where toll is collected. If any such person or corporation shall fail to comply with the provisions of this section, he shall, for every day such list is not posted up, forfeit ten dollars to the county.

§ 11. Every person or corporation who shall take or demand any greater rate of toll for the passage of any person or property over any such toll road than is allowed by law, shall, for each offense, forfeit and pay to the party aggrieved the sum of five dollars, and such additional amount as shall have been illegally taken.

§ 12. No toll-gate shall be erected or kept, or toll demanded, within the corporate limits of any incorporated city, or within one hundred and sixty rods of such limits.

§ 13. It shall be lawful for any toll-gatherer on any toll-road to stop and detain any person going on the same, until the toll properly chargeable shall be paid; and any person who shall use such road and refuse to pay said toll, shall forfeit and pay for such refusal the sum of five dollars; and any person who, to avoid the legal toll chargeable on such road, shall turn off the same and pass such toll-gate and again enter upon the same, shall forfeit and pay the sum of ten dollars; and any person who shall forcibly pass any toll-gate on such road, without having paid the legal toll, shall forfeit and pay the sum of twenty-five dollars. All penalties and forfeitures incurred under this section may be recovered, with costs of suit, in an action of debt, in the name of such company and for its use, before any justice of the peace of the proper county, or any court having jurisdiction thereof.

§ 14. If any person or persons shall willfully or negligently do, or cause to be done, any act or acts whatever, whereby such road, or any of its appendages shall be impaired, injured, obstructed or destroyed, such person or persons shall forfeit and pay to such company treble the amount of damages sustained by reason thereof, to be recovered, with costs, in the name of such company, and for its use, in an action of trespass, before any court having cognizance thereof, or any justice of the peace of the proper county; and if willfully done, shall also be deemed guilty of a misdemeanor, and be subject to indictment and fine, not less than ten nor more than one hundred dollars,

or imprisonment not exceeding six months, or both, in the discretion of the court having jurisdiction thereof.

§ 15. The county board in each county in which any toll-road is or shall be, in whole or in part, established or constructed under this or any other general law, or any special law, shall appoint three resident freeholders of the county, not interested in any toll-road, as inspectors of toll-roads in such county, whose term of office shall be two years, and until their successors are appointed and qualified.

§ 16. Such inspectors shall take and subscribe, and file in the office of the county clerk, an oath in the following form:

"I do solemnly swear (or affirm, as the case may be,) that I will support the constitution of the United States, and the constitution of the state of Illinois, and that I will faithfully discharge the duties of the office of inspector of toll-roads, according to the best of my ability."

§ 17. It shall be the duty of such inspectors, at least once every three months, in the months of January, May, August and November, respectively to go over the entire length of each toll-road and examine its condition, and also, immediately upon complaint made in writing by any person that any road is out of repair, to examine the part so alleged to be out of repair; and whenever they shall find any toll-road to be out of repair and unfit for use, to give written notice thereof to the person or company owning or operating the same, or his agent, requiring such road to be put in repair within such time as shall be mentioned in the notice, not less than three nor exceeding fifteen days.

§ 18. When complaint is made, as provided in the preceding section, the person complaining shall deposit with the inspectors a sufficient sum of money to defray the expenses of such inspection. In case the complaint is found to be well-grounded and the repairs necessary, such sum shall be refunded to the complainant: otherwise, to be appropriated to pay said expenses.

§ 19. If the person or company owning or operating the road shall fail or refuse to make the repairs required within the time specified, said inspectors shall cause the toll-gates on such road to be thrown open, and shall make and file in the office of the county clerk a certificate of the facts, and after the toll-gates are thrown open as aforesaid, no toll shall be collectable by the person or corporation owning or operating such road, or any of its agents or servants, until the inspectors, upon the request of such person or corporation, shall make and file in the office of the county clerk a certificate that such road is in good repair and fit for use, and such person or company shall have paid into the county treasury the sum of five dollars.

§ 20. The inspectors shall be entitled to three dollars per day for each day they are actually employed in the inspection of any such toll-road, to be paid by the company or person owning or operating the road inspected: Provided, that when such inspection be made upon complaint, and the complaint

Taking Illegal Toll.

Condemnation of Property. Free Roads.

Extensions.

be decided unfounded, such company or person shall not be liable to pay such sum.

§ 21. Any person or company owning or operating any toll-road, who shall demand or take any toll during the time the gates are thrown open by order of the inspectors, or of the county board, shall forfeit to the county the sum of ten dollars for each offense, and to the person from whom such illegal toll is taken, five dollars and the sum so taken.

§ 22. Any person or company having authority to establish or construct. any turnpike, plank, gravel, macadamized or other toll-road, in pursuance of this or any other general, or any special law of this state, may survey, locate, construct and maintain such road, with all needful bridges, toll-gates and other appendages as may be necessary for the convenient use of the same, and for that purpose may cross any street, alley, private road, public highway, railroad or canal, and may take and damage such private property as may be necessary therefor.

§ 23. When it shall be necessary for any of the purposes expressed in the preceding section, to take or damage any property, including necessary rocks, gravel, wood and other material for the construction or repair of any such road, the same may be done and the compensation there for ascertained in the manner then provided by law for the exercise of the right of eminent domain.

§ 24. Whenever the county board of any county shall deem it for the public interest that any toll-road situated in the county ought to be made a free road, it may take and condemn the same for that purpose, in the manner then provided by law for the exercise of the right of eminent domain. When any such road is situated in several counties, the proceedings shall be by all such counties jointly.

§ 25. No part of any toll-road less than the whole shall be condemned without the consent of the person or company owning or operating such road. § 26. Any turnpike, plank, gravel, macadamized or other toll-road company heretofore incorporated by general or special act of incorporation, having obtained the right of way, in pursuance of law, for an extension of its road, may extend its road at either end by giving the notice required in section three of this act, and obtaining the consent as provided in sections. one and four of this act. And whenever any such company shall have extended its road as aforesaid any distance not less than one mile, and so, from time to time, as often as one mile in addition shall be completed adjoining that previously constructed, the county board of the county in which the road lies shall, on application, appoint three judicious householders, who shall, on oath, examine the same and report their opinion to the county board, in writing; and if it shall appear from such report, to the satisfaction of the board, that such extension is completed agreeably to the provisions of this act and suitable for travel, such board shall authorize the collection of tolls thereon, as provided in this act.

Bridges, how Established.

Notice.

Bond Required.

ROADS AND BRIDGES.

AN ACT TO REVISE THE LAW IN RELATION TO TOLL BRIDGES.

Approved March 23, 1874. In force July 1, 1874.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That no toll bridge shall be established or erected across any lake, river, creek or other water course in this state without the consent of the county board of the county in which the same is to be established or erected.

§ 2. Any person or corporation may petition the county board for leave to establish and erect a toll-bridge, and if said board shall deem such bridge necessary, it may authorize the establishment and erection thereof upon such terms and conditions as it shall deem for the public good: Provided, that no bridge shall be constructed over any navigable water without a suitable draw for the passage of water craft, nor in such a manner as to interfere with navigation.

§ 3. When the bridge is to be established between two counties, the petition shall be addressed to the county boards of both counties, and the consent of each of said boards shall be necessary to authorize the erection or establishment of such bridge.

§ 4. No such consent shall be given unless the petitioner shall have given notice of his intended application in some newspaper published in the county for at least four weeks successively, next preceding the session of the county board at which the application is made; or, if no newspaper is published in such county, by posting notices in four public places therein, at least four weeks previous to such session. When the application is to several county boards, the notice shall be given in each county. At least four weeks' notice of such intended application shall be given in writing to the owners of the land adjoining to or embracing the water course over which such bridge is to be erected: Provided, that such written notice need not be given to any owner not residing in the state, or who cannot, upon due inquiry, be found.

§ 5. The proprietors of lands adjoining to, or embracing the water course over which a toll-bridge is proposed to be established, shall have the preference, if they will apply before such privilege shall have been granted to any other person or corporation.

6. Any county board granting permission to erect any such bridge, may require of the person or corporation to which such permission is granted, bonds in such sum, upon such conditions, and with such security as it shall deem proper, and may insert therein a provision for the payment of any damages that any person may sustain by reason of the construction of

such bridge; and any person so damaged may bring suit thereon for his

own use.

8 7. The county board shall fix the rates of toll, and may, from time to time, alter and change the same, and in case of the neglect of the owner of the bridge to keep the same in proper repair and safe for the crossing of persons and property, may prohibit the taking of toll.

§ 8. Every person or corporation owning or operating any toll-bridge, shall keep a list of the legal rates of toll, printed or written in a legible hand, constantly posted up in some public place, at or near the toll gate, or place where toll is collected. If any such person or corporation shall fail to comply with the provisions of this section, he shall for every day such list is. not posted up forfeit ten dollars to the county.

§ 9. Every person or corporation who shall take or demand any greater rate of toll for the passage of any person or property over any bridge than is allowed by law, shall, for each offense, forfeit and pay to the party aggrieved the sum of five dollars, and such additional amount as shall have been illegally taken.

§ 10. Every toll-bridge shall be built with a good and substantial railing or siding, at least four and a half feet high, and no toll shall be collected for passing any bridge that has not such railing or siding.

§ 11. Any person or corporation maintaining a toll-bridge may, when deemed advisable, put up at each end of such bridge a notice, with the following words, in large characters: "Five dollars fine for riding or driving over this bridge faster than a walk." Whoever shall ride or drive faster than a walk over any such bridge upon which such notice shall have been placed as aforesaid, and shall then be, shall for each offense forfeit to the owners of such bridge the sum of five dollars.

§ 12. Every person or corporation owning or operating a bridge over any navigable water course shall keep the channel thereof, above and below the bridge, free and clear from all deposits in any wise prejudicial to the navigation thereof, which may be formed or occasioned by the erection of such bridge.

§ 13. Every person who shall willfully break, throw down or injure any gate erected on any toll-bridge, or shall forcibly or fraudulently pass any such bridge without having first paid or tendered the legal toll, shall forfeit to the party injured the sum of ten dollars, in addition to the damages resulting from such wrongful act.

§ 14. When it shall be necessary for the establishment, erection, repair, extension or reconstruction of any toll-bridge of public utility (including all necessary approaches thereto) that may be authorized to be established or erected pursuant to this act, or which may have been heretofore erected, to take or damage private property therefor, the same may be done, and the compensation therefor ascertained, in the manner then provided by law for the exercise of the right of eminent domain.