Abbildungen der Seite
PDF
EPUB

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, § I.

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 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] 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 turnouts for teams at any place. [As amended by act approved May 11, 1877. In force July 1, 1877. L. 1877, p. 211. 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-half mile continuously, and so from time to time, as often as onehalf 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 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. 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 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 Ill. 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 indict ment 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.

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, estab lished 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. Oath. 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.

[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 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. [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

tion, 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 $5. [L. 1859, p. 158, $ 15; L. 1857, p. 142, § 2.

20. Pay of inspectors. § 20. The inspectors shall be entitled to $3 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 be decided unfounded, such company or person shall not be liable to pay such sum. [L. 1859, p. 159, 16; L. 1857, p. 143, § 3.

21. Penalty for taking toll when gate thrown open. 21. Any person or company owning or operating any tollroad, who shall demand or take any toll during the time the [*1064] gates are thrown open by order of the inspectors, or of the county board, shall forfeit to the county the sum of $10 for each offense, and to the person from whom such illegal toll is taken, $5 and the sum so taken. [L. 1859, p. 158, § 15; L. 1857, p. 142, § 2.

22. Eminent domain. 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. [L. 1859, p. 155, § 2.

23. Compensation for property taken or damaged. 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 therefor ascertained in the manner then provided by law for the exercise of the right of eminent domain. [See "Eminent Domain," ch. 47. L. 1859,

p. 157, 9 seq.

24. County may take toll-road. § 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 coun

ties jointly. [See "Eminent Domain," ch. 47. R. S. 1845, p. 256, § 15.

25. Restriction. 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. Extension of toll-roads. 26. Any turnpike, gravel, plank, 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 the extension of its road, may extend its

road at either end, by giving the notice required in section three (3) of this act, and obtaining the consent as provided in sections one (1) and four (4) of this act. And whenever any such company shall have extended its road as aforesaid any distance not less than one-half mile, and so, from time to time, as often as one-half 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. [As amended by act approved May 11, 1877. In force July 1, 1877. L. 1877, p. 211.

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small]
« ZurückWeiter »