TRESPASS IN CUTTING TIMBER.

[Chapter 104, Revised Statutes, 1845.]

5. Fine for cutting without permission. SEC. 1. Any person who shall cut, fell, box, bore or destroy, or carry away any black walnut, black, white, yellow or red oak, white-wood, poplar, wild cherry, blue ash, yellow or black locust, chestnut, coffee or sugar tree, or sapling, standing or growing upon land belonging to any other person or persons, without having first obtained permission so to do from the owner or owners of such lands, shall forfeit and pay for such tree or sapling so cut, felled, boxed, bored or destroyed, the sum of $8; and every person who shall cut, fell, box, bore or destroy any tree or sapling not herein above named and enumerated, standing or growing upon land belonging to

any other person or persons, without permission as aforesaid, [*1057]

shall forfeit and pay for every such tree or sapling so cut, felled, boxed, bored or destroyed, the sum of $3.

[See Criminal Code,” ch. 38, § 269; “Schools,” ch. 122, § 82; Wright v. Bennett, 3 Scam 258; Jarrot v. Vaughn, 2 Gilm. 132; Clay v. Boyer, 5 Gilm. 506; Edwards v. Hill, 11 Ill. 22; Whitecraft v. Vanderver, 12 Ill. 235; Pace v Vaughan, Gilm. 32; Cook v. Scott, Gilm 340; Cushing v. Dill, 2 Scam. 460; Watkins v. Gale, 13 Ill 152; Gebhart v. Adams, 23 ill. 398; Mason v. Park, 3 Scam. 532: Bryan v. Smith, 2 Scam. 48; Whiteside v. Divers, 4 Scam. 336.

6. How fine recovered-title in dispute-recognizance. 2. The penalties herein above provided shall be recoverable, with costs of suit, either by action of debt, in the name and for the use of the owner or owners of the land, or by action qui tam, in the name of any person who will first sue for and recover the same; the one-half for the use of the person so suing, and the other half for the use of the owner or owners of the land: Provided, that if, in any action that may be instituted by virtue of the provisions herein contained, before a justice of the peace, the defendant shall set up a title to the land on which the tree or trees are alleged to have been cut, felled, boxed, bored or destroyed, and shall forthwith give good and sufficient security to prosecute his claim or title to the said land to effect, within one year, or to appear and defend an action to be instituted against him within one year, by virtue of the provisions herein contained, in any court of record within the State having cognizance thereof, and in either case to abide by and satisfy the judgment that may be given in such court, then the said justice shall proceed no further in the said cause, but shall forthwith dismiss the parties; and it shall be the duty of the said justice, thereupon, to tax the bill of costs that may have accrued before him; and so soon as the action shall be renewed or instituted for the purpose aforesaid, to transmit the said bill, together with the recognizance to be taken as aforesaid, to the clerk of the court in which such action shall be instituted or renewed; which costs, so taxed and transmitted, shall be made a part of the judgment to be rendered as aforesaid.

[Cushman v. Oliver, 81 Ill. 444

7. Proceedings on recognizance. § 3. If the said recognizance shall be forfeited for not prosecuting, as aforesaid, the justice shall proceed to enter judgment against the defendant for the demand of the

plaintiff, which shall be taken to be confessed, and execution shall thereupon issue against the defendant and his security or securities; and if the said recognizance shall be forfeited for not appearing and defending, or not abiding by and satisfying the judgment that shall be given in the court above, the party for whose benefit such recognizance was taken, may, by a writ or writs of scire facias, proceed to judgment and execution thereon.

8. School and church lands-penalty. 4. If any person or persons shall, under pretense of any lease or otherwise, cut, fell, box, bore or destroy any black walnut, black, white, yellow or red oak, whitewood, poplar, wild cherry, blue ash, yellow or black locust, chestnut, coffee or sugar tree, or sapling, standing or growing upon any lands within the State, reserved, appropriated or intended for the use and support of schools, or for the use and support of religion, such person or persons shall forfeit and pay, for every such tree or sapling so cut, felled, boxed, bored or destroyed the sum of $8; and if any person or persons shall cut, fell, box, bore or destroy any other tree or sapling, not herein above named and enumerated, standing or growing upon any lands within the State, reserved, appropriated or intended for the use aforesaid, such person or persons shall forfeit and pay for every such tree or sapling so cut, felled, boxed, bored or destroyed, the sum of $3. [See Schools," ch. 122, § 82.

44

9. How penalty recovered. § 5. The penalties provided in the preceding section shall and may be recovered with costs of suit, either by action of debt, brought by and in the name or names of the overseer or overseers of the poor of the township in which such tree or sapling shall have been cut, felled, boxed, bored or destroyed, as aforesaid, for the use of the poor of the county, or by action qui tam, in the name of any other person who will first sue for and recover the same; the one-half for the person so suing and recovering, and the other half for the use of the poor of the county, in which such tree or sapling shall have been cut, felled, boxed, bored or destroyed; and it shall be the duty of the overseef or overseers of the poor, on complaint made to him or them against any person who may have cut, felled, boxed, bored or destroyed any tree or sapling, standing or growing upon any lands reserved for the uses aforesaid, within his or their township,

[*1058] Tes or upon his or their view or knowledge of such trespass,

forthwith to institute on [an] action against the trespasser for the purpose aforesaid, unless an action qui tam shall have been previously instituted for the said trespass, in the name of some other person, according to the provisions herein contained; and the said overseer or overseers, in the settlement of his or their accounts, shall be allowed a reasonable credit for the trouble and expense of such prosecution.

AN ACT to revise the law in relation to toll bridges. [Approved March 23, 1874. In force July 1, 1874.]

1. Consent of county board necessary. SEC. 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. [R. S. 1845, p. 256, § 16.

2. Petition. § 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. [R. S. 1845, p. 252, § 1.

3. When bridge between two counties. § 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 establish、 ment of such bridge.

4. Notice of application. 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. [R. S. 1845, p. 252, I.

5. Adjoining owners preferred. § 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. [R. S. 1845, p. 252, § L

6. Bond. § 6. Any county board granting permission to erect any

[*1060] 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. [R. S. 1845, p. 252, § 2.

7. County board to fix tolls. $ 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. [R. S. 1845, p. 253. § 6.

8. List of tolls posted-penalty. § 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 $10 to the county. [R. S. 1845, p. 254, § 7.

9. Penalty for over charge. 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 $5, and such additional amount as shall have been illegally taken. [R. S. 1845, p. 253, § 6.

10. Side rails. 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. Fast driving-penalty. II. 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 $5.

12. Channel kept free. § 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 anywise prejudicial to the navigation thereof, which may be formed or occasioned by the erection of such bridge.

13. Injuring or ruining gate. § 13. Every person who shall wilfully break, throw, draw or injure any gate erected on any toll bridge,

or shall forcibly or fraudulently pass over any such bridge without having first paid or tendered the legal toll, or shall ride any horse or mule, or drive any team faster than a walk over such toll bridge, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined, in addition to the damage resulting from such wrongful act, in any sum not exceeding ten dollars, and in default of payment thereof shall be committed to the county jail until said fine and costs are paid. [As amended by act approved May 28, 1879. In force July 1, 1879. L. 1879, p. 315. See Criminal Code," ch. 38, § 197.

14. Eminent domain. §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. [See Eminent Domain," ch. 47.

15. County may take toll bridge for public use. $15. Whenever the county board of any county shall deem it for the public interest that any toll bridge in such county should be made a free bridge, 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. If the bridge is situated in two counties, such right may be exercised, and the proceedings had in behalf of such counties, jointly. [See "Eminent Domain," ch. 47. R. S. 1845, p. 256, § 15.

AN ACT to revise the law in relation to toli roads. [Approved March 25, 1874. In

force July 1, 1874.]

1. Consent of county board necessary. SEC. 1. Be it en acted by the People of the State of Illinois, represented in the General Assem