The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1851-07-12
Supreme Court.
importan, Decision In reference to Pre-. lrnrtio,
Rights TO Canal Lands.
CASAL IausrEEs Us BEANAHp-Appsd fran Cool
County t1urt.


court below, claims the right ~ the assignee O.
/ the original settler to purchase at the app!ase-
ment quarter section or canal land situute with.
/ IN tue corporate limits Of tie city of Chicago
/ ! bis right 70 make the purchase depends upon u
proper construction of the legislation of this state
, IN reference TO the Illinois and Michigan canal
and the lands granted 20 the state to aid in its
construction. The graft Of land, equal TO one
half OF five sections IN width on each side Of the
canal was made by act Of congress Of March 3
( 1927. In 1929 the state Of Illinois created THE
board OF commissioners Of the Illinois aud Michi
gan canal aud took steps for the construction OF
/ the work, which was prosecuted hy the state at
an expense Of several millions Of dollars till
| February q, ls4S, whcn the wolk still being in
an uuliul.he condition an act was passed for the
| purpose Of procuring u fund for its completion
whereby the canal and canal lands were placed
| in The LANDS Of trustees
/ Between the time when the board Of commits.
soners Of the Illinois and Michigan canal was es
tablshed md ls43 various act9 were passed Ia
reference to the canal lands and the sale Of the
same, some Of which it becomes necessary to no.
/ tce
/ The act Of January 90, 1929, made it the du
I ty OF the commissioners to give notice aud sell
the canal lands in halfquarter sections, quarter
or fractional sections, and also gave them author
{ lty to lay off into town lots such parts of snil
lands as they may think proper, and to sell the
same.
/ The seventh section Of the net Of February 10
/ 1881, authorized the commissioners 10 sell canal
lands in tracts Of Eorty acres cl to subdlylde and
sell them in smaller quantities, as they might
deem most profitable to the canal fund.
The tliry section OF the act Of January
9, 1886, is as follows "The commissioners shall
examine the whole canal route, and select such
places thereon as may be eligible for town sites,
al cause the same to bg laid of into town lots
and they shall cause the canal lands iil or 3ear
Chicago, suitable therefor, to be iaid Of into
tou7,-iots'
Sections thirty.tlree and four Of the same net
authorize the sale Of lots and annexed TO the
thirty fourth section is this provision: "Prolt.
dcR that all persons who may have made i'm
proycmcnts upon any Of the lots authorized TO be
sold, shall be permitted to remove such improve.
ment at any time before the day fixed for The
ale Of any such improved lots being responsible
FOR all unnecessary damage done VI suffered b.
said removal"
Section seven Of the net Of March .. 1887, pro
vides for laying out towns, and for certifying and
recording town plats.
Section one of the act cf July 2l, 1887. au.
thorIzes commissioners TO subdiyIde and sell
portion Of the canal lands E tracts Of no. less
than forty, nor more than eighty acres
The act OF March (, 1881. provides for giving
permits to all persons residing upon or cu,,Nat-
ing canal lands, 10 remain upon, or continue TO
cultivate the same, upon certain conditions; one
Of which Is that the occupant shall surrender tic
possession Of the lands described in the permit
To the agent Of the state together with all the
Improvements thereon, whenever said lauds shall
be advertised FOX sale.
The act of February 20 1889, imposes penal
ties upon such persons as occupy or cultivate ca.
u.l lands except under permits after receiving
notice, Which the agents of tie state are required
to give. Ihls and the preceding act also impose
penalties for trcspaSscs upon canal lands.
The second section Of the act Of February !, F.
loio, requires the commissioners in the sale OF
TIMBER land to divide it into small lots, not to
exceed forty acres in one lot.
it Is manifest from the foregoing ccts or the
legislature that the commissioner, of the IliiuoI,
and Michigan canal were authorized iu their dis.
cre,iyn TO lay out towns and make salc uf town
lot or 20 ,EJdIyile and sell canal lands in tract,
dt forty acres OF less and II was made their du. /.
iy by the act Of 1885 to cause the land, in or I
near Chicago, suitable therefor TO he laid otf into .
town lots hus the law stood ut the time Of the .
passage u' Tue act ol February u, 1913, provid /
l"s ior placing the canal and canal lands IN the .
hands oi trustees. The eighth section Of that act .
declares That The said board Of trustees Of the
I'iH''S ana Michigan canal when duly appoint
'u ana e'ecIed as Aforesaid, shall apporilon their
respective NHueS among Themselves and 50 far
As II ., not Incompatible with tins act, shall pos
50" an me Po"eTs and PcYo'm all tic dai1s con-
IRE" "P'" ne Eoa5@ ~ Commissioners 9f hs .
',W''" on" H'e"goa canal by the act entitled
:; an act ior me construction OF the Illinois aud /
" l'ch'Sah canal approved january 9:h, 1886, and
'hG "c's supplementary and amendatory thereto I
II PROVIDED 10y the thtrueth section OF the .
same act that none o. the I~i', Lands, or water
@,T ~ E'""''u 10 nc sn'" trustees 'hHiI be
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