Papers Of Abraham Lincoln

In force, 7th Feb.[February] 1837

AN ACT to locate a State road.
1

Commissioners appointed to view road from Shawneetown to Gill’s ferry, thro’[through] Franklin

Where and when to meet.

To be sworn
Oath
Duties

Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That Samuel Seaton, and William Bond of Gallatin county, Henry Yost and Elijah Spiller, of Franklin county, and Thomas Jenkins and George Butcher, of Jackson county be, and they are hereby appointed commissioners to view, mark, and locate a road from Shawneetown, in Gallatin county, to Gill’s ferry, on the Mississippi river, through Franklin and Jackson counties. Said commissioners, or a majority of them, shall meet at Shawneetown, in the month of September next, and after being sworn before some justice of the peace, faithfully to discharge the duties required of them by this act, shall proceed to view, mark, and locate said road, taking into consideration the nearest and best route,

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and shall fix said road on the most advantageous ground for a permanent road.

To make report to com’rs[commissioners'] courts through which it passes and declared a State road

Duty of county commissioners

Compensation

Sec. 2. Said commissioners shall, on or before the first Monday in the month of December next, make a report of their proceedings to the county commissioners’ courts of the respective counties through which said road may pass, and the said road thus laid out shall be a public highway of this State,2 and the county commissioners’ courts of each and every county through which said road may pass shall cause the same to be opened and kept in repair as other public roads are. Said commissioners shall receive for their services a just compensation out of the funds of the counties respectively in which they reside by order of the county commissioners’ courts.

Approved, 7th February, 1837.

1John Logan introduced HB 75 in the House of Representatives on January 5, 1837. The House passed the bill on January 21. The Senate concurred on February 2. On February 7, the Council of Revision approved the bill, and the act became law.
Illinois House Journal. 1836. 10th G. A., 1st sess., 178, 315, 452, 483, 505; Illinois Senate Journal. 1836. 10th G. A., 1st sess., 278, 298, 327, 335.

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