ling, standing or growing upon any lands reserved for the uses aforesaid, within his or their township, 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.] § 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 establishment 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, § 1.

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 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.] § 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 $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 RUNNING GATE.] § 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 $10, in addition to the damages resulting from such wrongful act. [See "Crim. 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 estab lished 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, ointly. [See "Eminent Domain," ch. 47, R. S. 1845, p. 256, § 15.

AN ACT to revise the law in relation to toll roads. [Approved March 25, 1874. In force July 1, 1874.]

1. CONSENT OF COUNTY BOARD NECESSARY.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, 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, § 1.

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 collectable 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 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 fourteen feet in width of the road bed of every such road shall be so planked, gravelled, macadamized or otherwise made as to secure a firm and substantial road, suitable for public travel: Provi ded, that in cases of plank roads only the width of eight feet of such road shall be required to be planked. [L. 1851, p. 146, § 1.

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 mile continuously, and so from time to time, as often as one mile in addition shall be com pleted 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 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. [L. 1859, p. 155, § 4.

8. MAXIMUM RATES OF TOLL.] § 8. The rate of toll on any toll road heretofore established or constructed, or which may hereafter be established or constructed under any law of this state, shall not exceed, for every vehicle drawn by one animal, two cents per mile; for every vehicle drawn by two animals, three cents per mile, and one-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. [L. 1859, p. 155, § 4.

9. COUNTY BOARD MAY REGULATE TOLLS.] § 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. LIST OF RATES POSTED-PENALTY.] § 10. Every person or corporation owning or operating any toll road shall keep a list of the egal 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.] § 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 $5, and such additional amount as shall have been illegally taken. [L. 1859, p. 156, § 7.

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 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 $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