In force, Jan.[January] 16, 1836.
Commissioners appointed.
Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That Capt.[Captain] Daniel Matheny, of Schuyler county, and William Abernathy, of Hancock county, be, and they are hereby appointed commissioners, to view, mark, and locate, a state
road, to commence at Rushville, in Schuyler county, thence on the nearest and best route, to Warsaw, in Hancock county.
When and where to meet
Commissioners to be sworn.
To report.
Sec. 2. The said commissioners shall meet at Rushville, on the first Monday in the month of June next, or within three months thereafter,
and after being sworn by some justice of the peace, faithfully to discharge the duties
required by this act, shall proceed to view, mark, and locate said road, from point
to point, as directed by the first section of this act, upon the nearest and best
route, avoiding as much as practicable, any injury to farms, improvements, and private
property, on said route, and make, and return to the county commissioners’ court, of each county through which said road shall pass, a certified report of said road,
describing, as nearly as practicable, the route, and distance of said road, which
shall be filed with the several clerks of
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the county commissioners’ courts through which said road shall pass, within one month after said road is, or shall
have been located: and said road, when so located, shall be deemed a state road, and
kept in repair as other state roads are.2Compensation.
Sec. 3. The county commissioners’ courts may, of each county through which said road may pass, in their discretion, allow
to said commissioners, appointed under this act, a sum not exceeding one dollar and
fifty cents, per day, for each day necessarily employed by them, in the discharge
of the duties assigned them by this act, to be paid out of the county treasuries,
of each county through which said road shall be located, in proportion to the extent
of said road therein.
May be surveyed.
Sec. 4. The county commissioners’ courts, of the counties through which said road may pass, may, if they think proper, cause
said road commissioners, appointed by this act, to have said road surveyed, and plats
thereof to be filed in the clerk’s office of the county commissioners of Schuyler county, and Hancock county, the expense thereof, to be paid in the manner and proportion, as provided by the
third section of this act.
Approved, Jan. 16, 1836.
1On January 5, 1836, George W. P. Maxwell presented to the Senate a petition from citizens of Hancock and Schuyler Counties. The Senate referred the petition to a select committee. On January 6, Maxwell,
speaking on behalf of the committee, reported SB 97 to the Senate. The Senate passed the bill without amendment on January 8. On January 11, the House of Representatives referred the bill to a select committee, which reported back the bill without amendment
on January 12. The House passed the bill on January 14. On January 16, the Council of Revision approved the bill and the act became law.
Illinois House Journal. 1835. 9th G. A., 2nd sess., 259, 282-83, 294, 324, 345, 359; Illinois Senate Journal. 1835. 9th G. A., 2nd sess., 171, 177, 187, 247, 267, 280.
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.
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), 224-25, GA Session: 9-2,