Sec[Section] 1. Be it enacted by the people of the state of Illinois Represented in the General Assembly That Ira J. Fenn, of Putnam County[,] Jacob Wilson of Tazewell County[,] and Philo Bevis of Sangamon County be, and they are hereby appointed commissioners to view, survey, and locate a State
Road to commence at Henepin in Putnam County running thence through Hudson and Wesley city to Pekin in Tazewell County, thence to Springfield in Sangamon County
Sec. 2. The sad Commissioners or a majority of them shall meet at Henepin on the first Monday in April next or within some convenient time thereafter, and
after being duly sworn by some Justice of the peace of this state to observe the provisions of this act shall proceed to lay out, locate[,] and survey said Road from Henepin by Hudson and Wesley city to Pekin and thence to Springfield, on the best and nearest route, and in such manner as will best subserve the public
interest
Sec 3. Said commissioners shall cause the route of the Road aforesaid where it passes
through timbered land to be properly marked on the trees and also fix posts firmly
driven in the ground at the end of each quarter of a mile; and where the said route
passes through prarie land by fixing posts along the route, and at the end of each mile raising mounds
of earth at least two feet ^ in^ height and three feet in diameter at the base And the said Commissioners shall keep field notes and make plats of the route and
return the
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same to the Clerks of the County Commissioners Court of each County, of that part of the Road laid out in such County certified by them And it shall be the duty of the County Commissioners of each County in which said road shall be laid out to cause an entry to be made
upon their Records of the same, and direct by an order the opening of the same and
keeping it in repair as other publick Roads in this StateSec 4. Whenever said Road shall be laid out as aforesaid, it shall be deemed a Public
Road, be opened four poles wide and shall not be changed or turned out of its course
under any pretence whatever, except by an act of the General Assembly
Sec. 5. All roads and parts of Roads now established between any and all the points named,
when the Road hereby authorised shall not run thereon or vary from them shall be annulled and vacated, and the work
shall be applied on the new State Road, unless in the opinion of the said County Commissioners the public convenience requires that the same should be kept open as a county Road,
in which case a special entry of Record shall be made by the County Commissioners Court respecting the same
Sec 6. The said Commissioners shall make out a statement of the length of time necessarily
employed by them and also their necessary hands in locating said Road in each County
through which the same passes, and present it to the County Commissioners Court of the proper ^County^ and said Courts are hereby authorised and
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required to make said Commissioners and their necessary hands a reasonable compensation
per day out of the County Treasury for their services rendered under this act
Sec 7. Should any of the Commissioners above named refuse or fail to act from any cause
whatever, the County Commissioners Court in Session or any two of the Judges of the said Court in the County in which such refusal or failure happens may appoint a person to fill
such vacancy
Sec 8. The said Commissioners shall locate said Road as far as will be consistent with
the public convenience on the County Road now established leading from the line between
Putnam and Tazewell Counties to Pekin
Sec 9. Where the said road shall run through the lands of any individual or individuals
and the owner or owners thereof shall not consent to the opening of the said Road
through his or her lands, it shall be the duty of the Supervisor to be appointed on
the said State Road to go before some Justice of the peace and institute such proceedings
as are required by the 32 Section of an act “entitled “an act concerning publick Roads” approved February 3rd 1835. to ascertain the damage accruing to such owner or owners by the opening of
such Road through his or her lands; And it shall be the duty of such Justice to proceed
in all respects as the said Section of said act requiresIt shall be the duty of the County Commissioners Court of the County in which such lands may lie to pay to the owner or owners thereof the
damages to be assessed as aforesaidThis act shall be in force from and after its passage
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To 3d Reading
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Engrossed
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Handwritten Document, 4 page(s), Folder 59, HB 62, GA Session 10-1, Illinois State Archives (Springfield, IL) ,