SALINES.

SALT SPRINGS-ACCEPTANCE.

REVISED STATUTES 1845, P. 27.

AUGUST 26, 1818.

WHEREAS, the Congress of the United States, in the act entitled "An act to enable the people of the Illinois Territory to form a Constitution and State government, and for the admission of such State into the Union on an equal footing with the original States, passed the 18th of April, 1818," have offered to this convention for their free acceptance or rejection, the following propositions, which, if accepted by the convention are to be obligatory upon the United States, viz:

2d. That all salt springs within such State, and the lands reserved for the use of the same, shall be granted to the said State for the use of the said State, and the same to be used under such terms and conditions and regulations as the Legislature of said State shall direct: Provided, The Legislature shall never sell nor lease the same for a longer period than ten years at any one time.

Done in convention at Kaskaskia, the 26th day of August, in the year of our Lord, 1818, and of the Independence of the United States of America, the forty-third.

SALTPETER.

LAWS 1817-18 (TERRITORY), P. 27.

DECEMBER 29, 1817.

AN ACT concerning the manner of working saltpeter caves.

Be it enacted, etc.: That if any person shall occupy or work any Salt Petre cave or caves in this territory without first securing the same with a good and sufficient fence of the height required in other cases by law, so that horses, and neat cattle can not get to the same; every person or persons so offending shall forfeit and pay to the owner of any horse or horses, or neat cattle that shall be killed by drinking the tray lye, a sum double the value of any such horse or horses or neat cattle, to be recovered before any court having competent jurisdiction to try the same by an action of debt.

SALTPETER CAVES.

REVISED STATUTES 1845, P. 490.

MARCH 3, 1845,

SEC. 1. All persons working saltpetre caves in this State, for the purpose of manufacturing saltpetre, shall, previous to commencing the manufacture of saltpetre, inclose such caves with a good and lawful fence, and keep the same at all times in good repair, so as to prevent cattle and other stock from gaining access thereto.

SEC. 2. All persons working saltpetre caves in this State, and not first complying with the preceding section, may be fined, in any sum not exceeding fifty dollars, to be recovered before any justice of the peace of the county in which the offence may be committed, upon complaint made by any person, in the name of the county commissioners' court of such county, one-half to the person suing therefor, the other to the county commissioners' court of the county; and shall also be liable for all damage which individuals may sustain by reason of their stock gaining access to saltpetre caves or manufactories.

LEASING SALINES.

LAWS 1819, P. 7.

FEBRUARY 6, 1819.

AN ACT authorizing the governor to lease the saline near Shawneetown. SEC. 1. Be it enacted by the People of the State of Illinois represented in General Assembly, and it is hereby enacted by the authority of the same, That the Governor be, and he is hereby authorized to lease, for a term of two years commencing on the fourth day of December last to Johnathan Taylor, Timothy Guard, George Robinson, James Ratcliff, Meredith W. Fisher, Willis Hargrave, and their associates, the saline works near Shawneetown, according to the several propositions made by the said Johnathan Taylor, Timothy Guard, George Robinson, James Ratcliff, and Meredith W. Fisher, made to and ac cepted by the General Assembly at the present session upon such stipulations and regulations as he may deem proper: Provided, They shall surrender to this state their present leases from the United States.

SEC. 2. And be it further enacted, That it shall and may be lawful for the Governor and he is hereby authorized in case of any of the lessees shall hereafter forfeit their leases by any violation of the stipulations contained in their lease to cause possession thereof to be taken of such forfeited premises; and may lease them out to others upon such terms and conditions as he may deem necessary, during the residue of the term for which such lease may have been let.

SEC. 3. And be it further enacted, That the Governor shall be, and he is hereby, authorized to lease such other part or parts of the lands lying within the saline reservation which shall not be occupied for the purposes of the manufacture of salt, for the purposes of public inns, etc.

DISCOVERY OF SALT WATER.

LAWS 1819, P. 114.

MARCH 4, 1819.

AN ACT to encourage the discovery of salt water.

WHEREAS, it appears to the satisfaction of this General Assembly that there are still existing concealed within this state many valuable salt springs and saline waters, which, if discovered might be beneficial to the public good: Therefore,

SEC. 1. Be it enacted, etc.: That for the purpose of encouraging the discovery of saline waters, and the manufacture of salt, the Governor is hereby authorized to lease to any person, persons, or company, any quantity of land not exceeding one section at any one place within this state, for the purpose of carrying into effect the manufactory of salt: Provided, Said lease shall not extend to affect in any wise the rights or any individual or individuals, nor Indians.

SEC. 2. Be it further enacted, That the Governor shall have power to require and obtain by agency, proxy, or by such other means as he may think proper to employ, any information that he may think requisite to enable him to encourage the discovery of salines; and if any person, persons or company shall make application to lease any such discoveries avowedly for the purpose of manufacturing salt, the Governor shall have power to lease to them the same on such terms and conditions as he may think most conducive to the interest of the public good. But in all cases the original discoverer shall have the right to claim the preference to said lease.

SEC. 3. Be it further enacted, That if any person, persons or company shall come forward claiming under the foregoing provisions of this act or claiming under the authority and right of the original discoverer any saline water and shall have given satisfactory evidence to the Governor of the validity and legality of their right, and that said lease is not to be on any of the lands before mentioned nor on the military bounty lands then he is hereby authorized to sign such lease or bargain to such person, persons or company of such discovery as aforesaid under such restrictions, limitations, and conditions as he may deem just: Provided, such lease or bargain shall not extend to a longer period than ten years from and after the signing and ratification thereof.

SEC. 4. And be it further enacted, That all necessary expenditures shall be paid out of the proceeds arising from said salt works so leased by the Governor and that no public money in the state treasury shall be appropriated toward carrying into effect the provisions of this act.

LAWS 1819, P. 165.

RENTS FROM SALINES.

MARCH 22, 1819.

AN ACT authorizing the governor of this state to receive certain rents from the lessees of the Ohio saline Lick.

WHEREAS, The act authorizes the Governor of the State of Illinois to lease the Ohio saline Lick, did not properly authorize him to receive the amount of money or salt due from the late lessees from the United States, which is due from the 26th day of August, 1818, until the 4th day of December of the same year: For remedy whereof,

SEC. 1. Be it enacted, etc.: That the Governor of this state be, and he is hereby authorized and empowered to receive and contract for the selling of or authorizing any agent or agents to receive or contract for the selling of any salt which is or may be found to be due or owing to this state from the lessees of the Ohio saline Lick, by virtue of a lease obtained by them from the United States and which lease was assigned by the President of the United States to this state from the 26th day of August until the 4th day of December in the year 1818.

SEC. 2. Be it further enacted, That should the Governor see proper to receive the rent in money or when the salt may be sold for money, in either case the Governor shall deposit the money in the treasury of this state.

LAWS 1819, P. 236.

LEASING SALINES.

MARCH 24, 1819.

AN ACT authorizing the leasing of Muddy Saline.

SEC. 1. Be it enacted, etc. : That the Governor of the state be and he is hereby authorized to lease the saline on Muddy River, known by the name of Muddy Saline near the town of Brownville, for any term of years not exceeding ten to such person or persons as may appear most advantageous to the state.

SEC. 2. And be it further enacted, That previous to making such lease, it shall be the duty of the Governor to publish in one or more public newspapers in this state thirty days previous to receiving proposals for the same, that the same will be leased on some day specified in such notice: and it shall be the duty of the Governor to file the contract entered into with the lessees of the same in the office of the Secretary of State for the benefit of the state and the monies arising from said saline shall be paid over according to the terms of the lease into the treasury of the state to be subject to be disposed of in the same manner that other public monies are.

GALLATIN COUNTY SALINE.

LAWS 1820-21, P. 103.

FEBRUARY 8, 1821.

AN ACT concerning the Gallatin County Saline.

SEC. 1. Be it enacted, etc.: That there shall be elected by the General Assembly a person to superintend the salt works in Gallatin County, who shall reside on the premises and who shall give bond to the Governor of the state of Illinois and his successors in office in the sum of $8,000, with security to be approved by him, and who shall receive a salary of $800 per year, payable quarter yearly out of the state treasury, who shall be liable to be suspended by the Governor until the meeting of the General Assembly and to be removed from office by the General Assembly for any palpable omission or misconduct in his office of superintendent. The said superintendent shall be elected to continue in office till the end of the present lease of the said saline.

SEC. 2. Be it further enacted, That it shall be the duty of the said superintendent as soon as he shall be qualified to enter upon and take possession of any establishment or establishments at the same saline where the lessee or lessees thereof have violated his or their lease by failing to comply with any of the covenants or conditions of his or their lease: and when any lease of any establishment at said saline now made, or that hereafter may be made, shall be violated by the lessee or lessees, it shall be the duty of the said superintendent to enter upon and take possession of the premises; and for the purpose of carrying this section into effect, the said superintendent is hereby authorized and empowered to summon to his aid as many persons as may be necessary to take and retain possession of any establishment or establishments at said saline, forfeited by any lessee or lessees.

SEC. 3. Be it further enacted, That whenever the said superintendent shall have taken possession of any establishment of the said saline by virtue of this Act, it shall be his duty to advertise for five weeks in some public newspaper or newspapers that said establishment has been by him taken, and that upon a certain day in the said advertisement to be named, it will be let to the highest bidder, and the said superintendent on the day fixed shall proceed to lease the said establishment to the highest bidder for the residue of the term of the lease which shall have been forfeited, observing always to bind the lessee or lessees with all the conditions of the forfeited lease, and such other as he may deem necessary, and to require good and sufficient security.

SEC. 4. Be it further enacted, That it shall be the duty of said superintendent as soon as he shall be appointed and qualified to office to enter upon and take possession, for and on behalf of the state, of all such metal and other things which formerly belonged to the United States but which passed to this state by virtue of the grant of the said saline by Congress to this state in the year 1818: and to receive at a valuation to be fixed by three appraisers to be mutually

chosen by him and the party concerned, any metal or other property necessary to the making of salt, which may belong to any of the late lessees of the state, and which they may be willing to transfer in payment of their rent yet due or in arrear to the state: and the same metal when so taken or received in payment of rents, the said superintendent shall distribute among the present or any subsequent lessee or lessees in such manner as it may most properly appertain to their repective establishments, taking their receipts for the same, expressing the valuation thereof and their obligations to return. the same amount at the expiration of their respective leases, with six per cent interest and the value of the same as appraised to them: the metal and other property returned to be of the same value (which shall be ascertained by appraisers as above provided) as that received by them in the first instance.

SEC. 5. Be it further enacted, That the said superintendent shall from time to time as it may be necessary have power to sue or distrain for rent as the same may become due and be unpaid; to receive the said rents and give acquaintances therefor and remit all monies received by him forthwith to the treasury and generally to do and perform all and singular which may appertain to his said office; Provided, that whenever any lessee shall attempt to remove his property before any or all of the rent shall become due, it shall be the duty of the said superintendent to proceed to distrain for the rent in the same manner as if the rent were actually due.

SEC. 6. Be it further enacted, That it shall be the duty of the governor of the state to manage and superintend all the other salines of the state in such manner as he may deem most conducive to the public interest: and he may appoint an agent or agents to aid him in said business who shall be paid cut of the contingent sum: Provided, that he shall never lease or otherwise dispose of any such saline for a longer period than ten years.

SUPERINTENDENT OF GALLATIN COUNTY SALINE.

LAWS 1822-23, P. 76.

JANUARY 3, 1823.

AN ACT relative to the duties of the Superintendent of the Gallatin County Saline, and the Auditor of the State relative thereto.

SEC. 1. Be it enacted, etc.: That it shall be the duty of the Superintendent of the Gallatin County Saline to forward to the Auditor of Public Accounts, copies of leases hitherto entered into with the several lessees, and which have not yet expired.

SEO. 2. Be it further enacted, That hereafter it shall be the duty of the said Agent, whenever it shall become necessary to renew any lease or make any contract by which any payment shall be stipulated to be made to this state, forthwith to forward copies of such leases or contracts to the Auditor of Public Accounts.

SEC. 3. Be it further enacted, That it shall be the duty of the Auditor, upon receipt of such copies, to debit in the proper accounts, the amount due on any lease or contract made by said Superintendent. And it shall be the duty of said Superintendent to settle such accounts with the Auditor on or before the tenth day of December annually; paying over at the same time all monies by him received from the lessee or lessees to the Treasurer of this State.

SEC. 4. Be it further enacted, That it shall be the duty of the said superintendent to report biennially to the general assembly on or before the tenth day of their session, the situation of the public property under his superintendence; the amount of moneys received during the two preceding years;