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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, § 1.

6. Bond. § 6. Any county board granting permission to erect any such bridge, may require of the person or corporation to which [*1060] 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 charac ters: "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 hav ing 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.

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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.

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15. County may take toll bridge for public use. 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.

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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 enacted by the People of the State of Illinois, represented in the General Assem

bly, That no turnpike, plank, gravel, macadamized or other toll road shall be established or constructed without the consent of the county board of each county in which the same is to be established or constructed in whole or in part. [R. S. 1845, p. 256, § 16.

2. Petition. § 2. Any person or corporation may petition the county board for leave to establish a turnpike, plank, gravel, macadamized or other toll road, and if the said board shall deem such road necessary, it may authorize its establishment and construction, upon such terms and conditions as it shall deem for the public good. [R. S. 1845, P. 252, 1.

3. Notice of application. 3. No such consent shall be given until the petitioner shall have given notice of his intended application 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 in at least four public places therein, 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. [R. S. 1845, p. 252, § I.

4. Location-when consent required. 4. No such road shall be located on any public road or highway outside the corporate limits of a city, town or village without the consent of the county board of the county, and consent of the commissioners of highways of the town in which such highway is situated, nor upon any street, alley or other highway or public ground within any incorporated city, town or village, without the consent of the corporate authorities of such city, town or village. The consent herein required must be in writing, and shall be recorded in the recorder's office of the county. [L. 1859, p. 156, § 8.

5. Plat to be made and recorded. $5. Before any tolls shall be collectible over any such road, the company constructing or owning the same shall cause an accurate survey of such road, or such part thereof as is located and constructed, to be signed by the president and secretary, and acknowledged by them in the same manner as conveyances of real [*1062] est estate are required to be acknowledged, and recorded in the recorder's office of the county, or several counties in which such road or part thereof is located. [See "Plats," ch. 109, 9. L. 1851, p. 16, § 2.

6. Road-bed-width. § 6. At least eight feet in width of the road-bed of every such road shall be so planked, graveled, macadamized or otherwise made as to secure a firm and substantial road suitable for public travel, with the earth or dirt track so constructed as to afford turn outs for teams at any place. [As amended by act approved May II, 1877. In force July 1, 1877. L. 1877, p. 211. L. 1851, p. 146, § 1.

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7. When gates erected and toll charged. § 7. As soon as such road shall have been completed, or any part thereof not less than one-half mile continuously, and so from time to time, as often as one. half mile in addition shall be completed adjoining that previously, structed, 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 the road or such part thereof is completed agreeably to the provisions of this act, and suitable for travel, such board shall authorize the erection of gates at suitable distances, and the taking of toll.

[As amended by act approved May 11, 1877. In force July 1, 1877. L. 1877, P. 211; L. 1859, p. 155, 84; Lincoln Avenue & Gravel Road Co. v. Daum, 79 Ill. 300.

8. 8. Repealed by act approved May 11, 1877. [L. 1877, p. 211. 9. County board may regulate tolls. 9. It shall be the duty of the county board of any county in which any toll road, or any part thereof, is or may hereafter be situated, to fix from time to time such rates of toll to be charged on such road, or part thereof, as may be deemed just and proper and for the public good; 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, such board may prohibit the taking of toll thereon. [As amended by act approved May 11, 1877. In force July 1, 1877. L. 1877, p. 211.

10. List of rates posted-penalty. 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 $10 to the county. [L. 1859, p. 156, § 7.

11. Illegal charges-penalty. II. Every person er 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 $5, and such additional amount as shall have been illegally taken. [L. 1859, p. 156,

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12. No toll gate in city, etc. § 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. Refusing to pay toll, etc.-penalty. 13. It shall be lawful for any toll gatherer or 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 $5; 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 $10; 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 $25. 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 [*1063]. peace of the proper county, or any court having jurisdiction thereof. [L. 1859, p. 156, § 5; Lincoln Avenue & Gravel Road Co. v. Daum, 79 III. 300. 14. Injuring road, etc. 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 10 nor more than $100, or imprisonment not exceeding six months, or both, in the discretion of the court having jurisdiction thereof. [See Criminal Code," ch. 38, § 197. L. 1859, p. 156, § 6.

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15. Inspectors of toll-roads. 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. [L. 1859, p. 158, § 15; L. 1857, p. 142, § I.

16. Qath. 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 constitu tion 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.

[See Const., art. 5, 25. L. 1859, p. 158, § 15; L. 1857, p. 142, §2. 17. Duty of inspectors. 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 writ ten 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 exceed ing fifteen days. [L. 1859, p. 158, § 15; L. 1857, p. 142, 2. 18. Deposit by complainant-refunding. $ 18. When complaint is made, as provided in the preceding section, the person complaining shall deposit with the inspector 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. [L. 1857, p. 143, § 4.

19. Refusal, etc., to make repairs. § 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 collectible by the person or corporation owning or operating such road, or any of its agents or ser vants, until the inspectors, upon the request of such person or corpora.

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