Papers Of Abraham Lincoln

In force 16th Jan. [January]1836.

AN ACT to locate a State Road from Quincy to Macomb.
1

Commissioners appointed.

Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That William G. Flood, of Adams county, Daniel Cane2, of Hancock county, and George Miller3 of McDonough county, be, and they are hereby appointed commissioners, to survey, mark, and locate a road from Quincy, in Adams county, through Fairfield, the nearest and best route to Macomb, in McDonough county, doing as little injury to private property as the public good will permit.

When and where to meet.

To be sworn.

Sec. 2. The said commissioners, or a majority of them, shall meet at Quincy, on the first Monday in June next, or as soon thereafter as practicable, and after being duly sworn by some justice of the peace of said county of Adams, faithfully to view, and locate said road, without partiality or affection, and faithfully to discharge the duties required of them by this act. The said commissioners shall place, in the prairies through which said road shall pass, stakes, of reasonable size and durable timber, and marks on the trees in the timber.

To make report.

Compensation.

Sec. 3. As soon as practicable, after said road is located, said commissioners, or a majority of them, shall make out a report, accompanied by a map or plat of said road, giving the courses and distances from point to point, with such other marks of certainty as they may deem necessary; and shall transmit a copy of said plat or report, to the county commissioners’ court of each county through which said road shall pass, which shall be filed in their respective offices; and each county shall bear her proportional part of the expense, according to the distance said road may pass through the same, to be allowed by the county commissioners’ court of each county.

Sec. 4. When said road is located, it shall be, and is hereby declared a public state road, and shall be opened and kept in repair, as other state roads are, in this state.4

Approved, Jan. 16, 1836.

1 Thomas H. Owen introduced HB 43 in the House of Representatives on December 18, 1835. On December 23, the House amended the bill by filling in a blank in the first section with “Cane” and then they passed the bill. On January 11, 1836, the Senate amended the bill by striking out the name “John Gibson” and inserting “George Miller” in lieu thereof. The Senate passed the bill as amended on January 12. On January 14, the House concurred in the amendment of the Senate. On January 16, the Council of Revision approved the bill and the act became law.
Illinois House Journal. 1835. 9th G. A., 2nd sess., 76, 95, 129, 140, 311, 324, 345, 359; Illinois Senate Journal. 1835. 9th G. A., 2nd sess., 103, 210, 224, 242, 267, 280.

2The House of Representatives added Daniel Cane’s last name on December 23, 1835.
Illinois House Journal. 1835. 9th G. A., 2nd sess., 140.

3On January 11, 1836, the Senate struck out “John Gibson” and added “George Miller in lieu thereof.
Illinois Senate Journal. 1835. 9th G. A., 2nd sess., 210.

4State 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.
An Act concerning Public Roads, sec. 9; An Act Authorizing Commissioners’ Courts to Alter, Change, and Relocate State Roads; An Act concerning Public Roads.