In force, Jan.[January] 18, 1836.
AN ACT to amend an act concerning Public Roads.1
May be fined for neglect.
Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That it shall be the duty of the supervisors of the several counties in this state, to cause all the road tax in their respective districts, which is to be discharged in labor, to be so discharged previous to the first day of November, annually; and the delinquent list which the supervisor is required to return to the clerk, according to the 24th section of the act to which this is an amendment, shall be so returned on or before the first day of November, annually. Any supervisor failing to comply with any of the provisions of this act, or of the act to which this is an amendment, shall be fined in any sum not less than five dollars, and not exceeding fifty dollars; which shall, upon the complaint of any person or persons, be recoverable before any justice of the peace of the proper county, any thing in the act to which this is an amendment, to the contrary notwithstanding.2
Duty of county commissioners.
Sec. 2. That the county commissioners’ courts, in each and every county within this state, whenever the finances of their county will admit, be, and they are hereby authorised and required, to expend on the public roads, in making causeways, erecting bridges, &c.[etc.], in their respective counties, any sum not exceeding one-third of the amount received into the county treasury of such county, in the current year immediately preceding the time of expending said sum or sums of money; which said improvements, or repairs, shall be made by the county commissioners’ court, by letting out contracts to the lowest and best bidder or bidders, and in all cases taking bonds of the undertaker, paya-
<Page 2>ble to the county commissioners, and their successors in office, for the due and faithful performance of their respective contracts: and the said county commissioners’ court, upon being fully satisfied that the said contract or contracts, have been fully completed, shall draw a warrant in favor of said contractor, on the county treasury, for the payment of the same, which shall be paid out as other county orders.
This act to be published.
Sec. 3. The secretary of state shall cause this act to be published in the newspaper published by the public printer, immediately after its passage, for three weeks in succession, the cost of printing to be paid out of the contingent fund. The 18th section of the act to which this is an amendment, is hereby repealed.3
Approved, Jan. 18, 1836.4
1Charles Gregory introduced HB 45 in the House of Representatives on December 18, 1835. On December 22, the House referred the bill to a select committee. On December 24, the select committee reported back the bill with an amendment, in which the House concurred. On December 30, the House again referred the bill to a select committee. On December 31, the select committee reported back the bill with an amendment, in which the House concurred. The House passed the bill as amended on the same day. On January 14, 1836, the Senate referred the bill to a select committee. On January 15, the select committee reported back the bill with various amendments, and the Senate then tabled the bill and proposed amendments. On January 16, the Senate took up the bill amended it by striking out the proviso in the third section and inserting in lieu thereof a sentence repealing section eighteen of the act to which this bill was an amendment. The Senate passed the bill as amended. On January 16, the House concurred in the Senate amendments. On January 18, the Council of Revision approved the bill and the act became law.
Illinois House Journal. 1835. 9th G. A., 2nd sess., 30, 96, 130, 144, 179, 191, 365, 367, 370, 372; Illinois Senate Journal. 1835. 9th G. A., 2nd sess., 141, 246, 252, 284, 287, 288.
2Section seventeen of the 1835 act empowered county commissioners’ courts to levy property taxes for support of roads, and section twenty-three allowed those taxes to be paid in labor. Section twenty-four stipulated that road taxes discharged in labor were to be discharged previous to the first day of December, annually. Section thirty stipulated fines for supervisors negligence in their duties.
3On January 16, 1836, the Senate amended the bill by adding the last sentence. Section eighteen stipulated how county commissioners’ courts were to expend road tax revenue.
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), 207-08, GA Session: 9-2,