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Eighth-To sell and convey, whenever, in their judgment, the interest of the State will be promoted thereby, any canal lands or lots now owned by the State, other than those connected with water power upon the said canal, and the ninety feet strip along the canal, and the real estate situated in the city of Chicago, and the property formerly connected with the hydraulic works in Chicago. But before making any such sale, they shall obtain the approval of the governor thereto, and to the time, place and manner of making the same.

Ninth To execute in due form and deliver any conveyance that may be necessary 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 purchaser shall have complied with the conditions of such bond, contract or agreement, and the commissioners are satisfied that he is justly entitled to such conveyance. 9. Duties of commissioners. § 9. The duty of the commissioners shall be:

First-To take all necessary proceedings on behalf of the State to establish the title of the State 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 another person or party, and when necessary for that purpose, to cause appropriate suits, in the name of the people of the State of Illinois, to be instituted and prosecuted therefor.

Second-To cause the said canal, locks and dams and appurtenances to be kept in good and sufficient repair and condition for use, and whenever it shall be necessary for that purpose, they may, by themselves or their agents, enter upon and use, overflow or damage any contiguous lands, and procure and appropriate all such material as in their judgment may be necessary or proper to be used in making such repair, build or construct any dam, lock or other improvement, and may take proceedings in their official name to ascertain the compensation therefor in the manner at the time provided by law for the exercise of the right of eminent domain; Provided, that the damages, cost of materials and improvements shall in all cases be paid out of the net proceeds derived from tolls.

Third-To cause suits to be commenced and prosecuted against all persons trespassing upon the said canal, locks or dams or any of the canal lands belonging to the State, and for that purpose they may require the services of the State's attorney of any county in which said suits may be prosecuted. They may also appraise or cause to be appraised and adjust all claims for damages growing out of the negligence or carelessness of the persons in charge of said canal, by means whereof parties navigating said canal shall sustain damages, and when so appraised or adjusted they may pay the same from the tolls collected, and make report thereof; Provided, that such claim for damages and appraisement thereof in no single case shall exceed the sum of $100. If in excess of that sum they shall report the same to the governor for further legislation.

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Fourth-Such other duties as may be prescribed by law. 10. Deeds, etc., record evidence. § 10. All deeds, title [*191] papers, agreements and contracts affecting the title to

real estate in this State, heretofore executed by the board of trustees of the Illinois and Michigan canal, under the seal of said board, or which have been heretofore or may hereafter be executed by the canal commissioners under their official seal, shall be admitted to record, and the same or a certified transcript of the record shall be admitted in evidence in all courts without acknowledgment or further proof.

11. Copies of books and entries of sales, etc., evidence. 11. Copies of the books and entries of the sale or conveyance of any lands or lots that have been sold or conveyed by the trustees of the Illinois and Michigan canal, or have been or may be sold or conveyed by the canal commissioners, under any law of this State, certified to be true and correct copies of such books or entries, by the secretary of the canal commissioners, under the official seal, shall be prima facie evidence of the facts stated in such books or entries, and of the title in the party to whom such lands or lots appear by such certified copies to have been sold or conveyed, his heirs or assigns.

12. Account — quarterly settlements. § 12. The said commissioners shall keep an accurate account of all moneys received from tolls and all other sources, and of all expenditures of every kind, and at the end of each quarter shall transmit to the auditor of public accounts an account of all moneys received during the quarter, accompanying the same with proper vouchers for the moneys expended during the quarter. They shall also, at the same time, pay into the State treasury the balance of all moneys in their hands, except such sums as shall be necessary to be retained by them for the purpose of making repairs upon said canal, locks and dams.

13. Annual reports. § 13. Said commissioners shall, on or before the tenth day of December of each year, make a report to the governor, showing a summary of all their official action for the year ending on the first day of December, and containing an exhibit showing the amount of all moneys received by them, and the sources from which the same was received, and for what purpose, and when paid into the State treasury, and showing, also, all amounts received from the State treasury, with dates thereof, the times and purposes of disbursing the same, and the amount on hand, together with such other matters as the commissioners may deem advisable or the governor may require.

14. Administering oaths. 14. Said commissioners, collectors of tolls, deputy collectors and their clerks, and canal inspectors appointed by said commissioners, may administer oaths and affirmations required of owners and masters of canal boats.

PENALTIES.

15. Removing stone, etc.-trespass. § 15. Whoever, without permission of the canal commissioners, shall take or remove from the canal lands any rock, stone, coal or other mineral, or shall commit any other trespass thereon, shall, for each offense, be fined not exceeding $200. [Cutting timber. See Criminal Code, ch. 38, 269.

16. Digging drain, etc. 16. Whoever, without the written consent of the canal commissioners, digs any drain or ditch, or removes

or deposits any earth, sand, gravel or other material, or causes the same to be done, whereby any substance is washed into the canal to the injury of the same, shall, for each offense, be fined not exceeding $100.

17. Constructing wharf, etc.- taking water, etc. § 17. Whoever, without the written permission of the commissioners, constructs any wharf, basin, or watering place, or makes or contrives any device whatever, for the purpose of taking any water from the canal, or omits to conform to the directions of the commissioners granting such permission, shall, for each offense, forfeit the sum of $25. 18. Using banks of canal. § 18. Whoever shall lead, ride or drive any horse, ox, ass, mule or cattle on either bank of the [*192] canal, except for the towing of boats upon the canal, or for conveying articles to and from the same for transportation, or delivery at their place of destination, shall, for each offense, be fined $5.

19. Obstructing navigation. 19. Whoever, by moving, loading, unloading or misconducting any boat, shall obstruct the navigation of the canal, and will not immediately remove the same, upon being required by a superintendent or any person incommoded, shall, for each offense, be fined not exceeding $25.

20. Same. $20. Whoever, by willfully sinking any boat, timber, stone, earth, or other material in the canal, or placing any obstruction on the tow-path or on the opposite bank of the canal, interferes with the proper use of the same, shall, for each offense, be fined not exceeding $100. 21. Opening gates, etc. 21. Whoever shall wantonly or maliciously open or shut, or cause to be opened or shut, any lock, paddle or culvert gate, or waste gate, or drive any spike, nail, pin or wedge into either of such gates, or take any other mode of preventing the free use of such gates, or shall break down or destroy any bridge, lock, bank, wasteweir, dam, aqueduct, culvert, or any other device or structure upon the canal, shall, for each offense, be fined not exceeding $200.

22. Offensive matter, etc. § 22. Whoever shall put, or cause to be put, any dead animal or offensive matter into the canal, shall, for each offense, be fined not exceeding $20.

23. Fast driving over bridge.

23. Whoever shall ride or

drive over any bridge across the canal faster than a walk, shall, for each offense, be fined not exceeding $5.

24. Unlawfully constructing bridge over. § 24. Whoever shall construct, or attempt to construct, any bridge across the canal without having first submitted the plan thereof to the canal commissioners, and obtained their consent thereto, shall, for each offense, be fined not exceeding $100, and the commissioners may remove the same, or any part thereof constructed, at the expense of the persons or authorities causing the same to be constructed.

25. "Boat" defined. 25. The word "boat," as used in this act, shall include every boat, vessel, raft, craft or floating thing navigated or moved on the canal.

26. Application of act. 26. The eleven preceding sections shall apply as well to all locks and dams that are or may be constructed upon the Illinois and Little Wabash rivers and all feeders, as to the canal known as the Illinois and Michigan canal.

27. Disposition of fines. 27. All fines and penalties herein provided for may be recovered before any justice of the peace of the proper county, in the name of the people of the State of Illinois, and when collected shall be paid to the commissioners, and by them paid into the State treasury as other revenues of the canal. 28. Damages. 28. Whoever is guilty of any offense created by this act shall also be liable for all damages occasioned thereby.

USE OF CANALS GRANTED TO CANADA.

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AN ACT to grant the use of the canals in this State to the use of the inhabitants of the Dominion of Canada, upon conditions named. [Approved April 4, 1872. In force July 1, 1872. L. 1872, p. 216.]

WHEREAS, by a treaty concluded in the city of Washington, on the eighth day of May, 1871, 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,

29. Terms of grant. SEC. 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.

COPPERAS CREEK LOCK AND DAM

AN ACT to make further appropriations for the completion of the Copperas Creek dam and lock on the Illinois river. [Approved April 8, 1875. In force July 1, 1875.

Laws 1875, p. 7.]

[Section one makes an appropriation, and section two relates to expending the same, and they are omitted.]

*30. Rate of tolls. §3. Said canal commissioners, as soon as said lock and dam is completed, shall make such uniform rates of toll as they may believe will best serve the public interest, and collect the same in the same manner as they superintend and collect toll from the lock at Henry on the Illinois river.

TO REMOVE DAM ACROSS LITTLE WABASH.

AN ACT to remove the dam across the Little Wabash river at New Haven, Gallatin county, Illinois, and for making an appropriation theretor. [Approved April 1, 1887. In force July 1, 1887. L. 1887, p. 230.]

*31. Removal of dam. Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the canal commissioners of the State of Illinois shall, within six months after this bill becomes a law, remove, or cause to be removed, the dam across the Little Wabash river at New Haven, Gallatin county, Illinois.

[Section two appropriates $300; section three provides how it is to be drawn, and they are omitted.]

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AN ACT in regard to canal companies. [Approved February 27, 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 any company incorporated under any general law of this State for the purpose of constructing and maintaining a canal, before it shall have the right to locate and construct such canal, shall obtain the consent thereto of the county board of each county in which the same is to be located or constructed, in whole or in part. Such consent shall be in writing, and shall be recorded in the recorder's office of each county. [Byrne v. Chicago, 80 Ill. 195.

2. Notice of application. § 2. No such consent shall be given unless notice of the intended application therefor shall be given by publication in some newspaper published in the county, 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 therein in at least four public places, not less than four weeks previous to such session. When the application is to several county boards, the notice shall be given in each county.

3. Eminent domain. 3. Any such canal company, having obtained the consent herein required, and filed the same for record in the recorder's office of the proper county, may enter upon any lands for the purpose of making surveys and examinations with a view to the location and construction of such canal, and may take and damage any property necessary for the location, construction or repair of the same, including all necessary stone, timber and other material, and may institute and take proceedings to ascertain the compensation therefor, and may make such compensation in the manner which may be at the time provided by law for the exercise of the right of eminent domain. [See "Eminent Domain," ch. 47; Const., art. 2, § 13.

4. Location in city, etc-consent necessary. § 4. No such company shall have the right to locate or construct a canal in or through any incorporated city, town or village, or upon any of the streets, alleys or public grounds thereof, without the consent of the corporate authorities of such city, town or village.

5. Intersecting streets, etc.

bridges. § 5. When any such canal shall intersect any street, alley, road, highway or railroad,

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