Papers Of Abraham Lincoln

In force Feb.[February] 6, 1835.

AN ACT to authorize the County Commissioners of Montgomery County to change a certain State Road therein named.
1

Commissioners authorized to change said road.

Proviso.

Sec.[Secretary] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the county commissioners’ court of Montgomery county, be, and they are hereby authorized to change so much of the State road as lies between Hillsboro’ and David Slayback’s, as the case will permit, as runs through the lands of William S. Townsend, Jacob Cress, Absalom Cress, Andrew M. Haley, William D. Shirley and Israel Sewart, as lies on the State Road leading from Hillsboro’ to Carlinville; and said road, when so changed, shall be deemed a State road, and worked and kept in repair: Provided, however, if it shall be made appear to the satisfaction of the county commissioners’ court that said change ought not to be made, then, in that case, said road, as now laid out, to be opened and worked as other State roads.2

Persons aggrieved how to proceed.

Sec. 2. Be it further enacted, That if any person or persons shall feel themselves aggrieved, they shall apply to the supervisor of said road, and said supervisor, when so notified, shall cause a jury to be summoned in the same manner as is required in the act, entitled “An act concerning the right of way,” approved February 28th, 1833; and said proceedings and decision, to be in conformity with the above named act.3

This act to be in force from and after its passage.4

Approved, Feb. 6, 1835.

1Christian B. Blockburger introduced HB 117 in the House of Representatives on January 15, 1835. The House passed the bill on January 16. On January 25, the Senate amended the bill by striking out the word “and” wherever it occurred in the first section, between the names “William S. Townsend” and “William D. Shirley.” The Senate passed the bill as amended on January 27. The House concurred with the Senate amendment on January 28. On February 6, the Council of Revision approved the bill and the act became law.
Illinois House Journal. 1835. 9th G. A., 1st sess., 300-01, 308, 412, 419; Illinois Senate Journal. 1835. 9th G. A., 1st sess., 265, 286, 323, 353, 378, 436, 441, 453; Illinois House Journal. 1835. 9th G. A., 2nd sess., 381, 398, 410.

2On January 25, 1835, the Senate amended the bill by striking out the word “and” whenever it occurred between the names of “William S. Townsend” and “William D. Shirley.”
Illinois Senate Journal. 1835. 9th G. A., 1st sess., 323.

3The act mentioned in this section delineated the procedure to be followed when companies, corporations, or individuals objected to roads passing over or through their property and could not come to an agreement with the road commissioner or superintendent on the amount of damages. Section one authorized the commissioner, superintendent, or other authorized person to apply to a justice of the peace, who would summon three householders to serve as a jury to assess damages the owners would sustain over and above the additional value the land would derive from the building of the road, bridge, canal, or other public work.
“An Act concerning the Right of Way, and for Other Purposes,” 28 February 1833, Revised Laws of Illinois (1833), 534-37.

4This act was repealed in 1836.