In force jan.[January] 9, 1836.
AN ACT to re-locate a part of the Road leading from Hillsboro’ to the Honey Point.
1Commissioners appointed.
Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That Henry Piatt, Charles Wright and James Grantham, of the county of Montgomery, be, and they are hereby appointed commissioners, to view, and re-locate so much
of the state road leading from Hillsboro’, in Montgomery county, to Carlinville, in Macoupin county, as lies between Hillsboro’ and the Honey Point.2
When and where to meet.
To be sworn.
Sec. 2. Said commissioners, or a majority of them, shall meet in Hillsboro’, as soon as practicable, and after being duly sworn before some justice of the peace, they shall proceed to
view, and re-locate said road, on the most eligible route, avoiding the injury of
private property as much as practicable. They shall also take into consideration
the amount of damages that the county, or the agrieved party may sustain, in continuing the road as first laid out; and if the said commissioners
shall be of the opinion that the interests of the county will be promoted, they may
change it on any route that they may think proper, so as to do as little damage as
possible.
Compensation.
Employ a surveyor.
Maps.
Damages.
Compensation.
Act repealed.
Sec. 3. Said commissioners shall be entitled to receive the sum of one dollar and twenty-five
cents per day for their services, for each day actually employed in said service;
and if they think it proper, they may employ some competent surveyor: and if said
road is changed from the present route, they shall cause a map of said change to be lodged with the clerk of the county commissioners’ court, to be by him filed in his office. And said commissioners are also authorised to enter into such arrangements with the agrieved
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parties, as own land on the route, or the amount of damages, in the same manner as is required
in the act concerning the right of way, approved February twenty-eighth, one thousand
eight hundred and thirty-three, and their proceedings and decisions shall be in conformity
with the above recited act.3 And the expenses of the commissioners and surveyor shall be paid by the county of
Montgomery; Provided, If the said road is removed from the present route, the road so re-located, shall
intersect the present road within one-half mile east of the Honey Point. The act to authorise the county commissioners of Montgomery county, to change a certain state road, therein named, approved February sixth, one thousand
eight hundred and thirty-five, be, and the same is hereby repealed.4Approved, Jan. 9, 1836.
1Christian B. Blockburger introduced HB 19 in the House of Representatives on December 14, 1835, and the House referred the bill to a select committee. On December
16, the select committee reported back the bill with an amendment, which the House
approved. On December 21, the House amended the bill by adding the last sentence.
The House then passed the bill as amended. The Senate passed the bill unamended on January 4, 1836. On January 9, the Council of Revision approved the bill and the act became law.
Illinois House Journal. 1835. 9th G. A., 2nd sess., 32, 62, 72, 120, 227, 253, 258, 282; Illinois Senate
Journal. 1835. 9th G. A., 2nd sess., 89, 93, 168, 191, 195, 221.
2State roads were those public roads established or designated by the General Assembly and usually crossed county lines. Only the General Assembly could establish, alter,
or abandon state roads, until 1840 and 1841, when the General Assembly gave counties
the authority to alter or to abandon state roads upon petition by a majority of voters
in the area of the change.
3The act mentioned in this section provided for the assessment of and compensation
for damages to private property due to any public road or canal.
“An Act concerning the Right of Way, and for Other Purposes,” 28 February 1833, Revised Laws of Illinois (1833) , 534-37.
4The House of Representatives added this sentence on December 21, 1835.
Illinois House Journal. 1835. 9th G. A., 2nd sess., 120.
Printed Document, 2 page(s), Laws of the State of Illinois, Passed by the Ninth General Assembly, at their Second Session (Vandalia, IL:
J. Y. Sawyer, 1836), 204-05, GA Session: 9-2,