In force 2nd March 1837
AN ACT laying out certain State roads.
1Declared a State road
Sec.[Section] 1. Be it enacted by the people of the State of Illinois represented in the General Assembly, That the public road as now travelled from Edwardsville, in the county of Madison, to Alton, and from thence to Carrolton and White Hall in Greene county, be and the same is hereby declared a state road, and to be improved and kept in repair
as other state roads.2
Commissioners
Termination
Time of meeting
To be sworn.
To be sworn.
Stakes & marks
Shall report
Sec. 2. That Philip Jarboe, Job Collins of Greene county, and Joseph H. Goodwin of Pike county, be and they are hereby appointed commissioners for the purpose of locating, surveying
and establishing a state road from White Hall, in Greene county, to Pittsfield, in Pike county, to commence at White Hall, thence to Wilmington, thence to Bridgeport, and from thence to Pittsfield, and to terminate at the place where the state road from Quincy, in Adams county, to Pittsfield, in Pike county, now terminates, and so as to unite with the same: said commissioners shall meet
in the town of White Hall, at the Hotel in that place, on the first Monday of May next, or within sixty days thereafter, and after being
duly sworn by some officer authorized by law to administer oaths, to discharge the
trust hereby reposed in them faithfully and impartially, shall proceed to locate,
survey and establish the road aforesaid on the best and most eligible ground for the
same, taking into view the accommodation of travellers and the citizens generally, and when said road shall run through prairies they shall drive stakes firmly in the
ground, and through the timber shall mark the trees with three hacks on each side,
so that the whole route shall be plainly designated; and after they shall have completed
the same, they shall make a report of their doings to be signed by said commissioners, and
a copy thereof, and a copy of the survey, and field notes of said road shall be filed
in the office of the clerk of the county commissioners’ court of Greene county, and also of Pike county, among the records of those courts; and all questions relating to the location of said road shall be determined from
the returns of the commissioners filed of record as aforesaid. Said road shall be
laid out four poles wide
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on the firmest and best ground, to do as little injury as possible to private property.
It shall not run through any garden or orchard, or any plantation of trees, either
for use or ornament planted out by any individual whomsoever without the consent of
such individual.
Commissioners
Place of commencement
Be sworn by magistrate
Make full report
Sec. 3. That Levi Ruder, Manoah Bostic and George W. Allen,3 of the county of Greene, be and they are hereby appointed commissioners to locate, survey and establish a
state road in the county of Greene, as follows: Beginning at White Hall, from thence to Greenfield by Manley’s mill on Apple creek, from thence to Fayette, so as to unite with the road leading from Carlinville, in Macoupin county, to Carrolton, in Greene county. Said commissioners shall meet at the Hotel in the town of White Hall on or before the first Monday of May next, or within sixty days thereafter, and after being sworn by some magistrate of Greene county authorized by law to administer oaths, to execute the duties imposed on them by this
act faithfully and impartially, shall proceed to lay out said road by locating, surveying
and establishing the same four poles wide on the firmest and best ground for the same;
and where said road shall run through prairies, they shall drive stakes firmly in
the ground, and plainly mark and blaze the trees where the same may run through timber,
so as the route shall be plainly designated; said road to be so located as to combine
as far as possible the accommodation of travellers, with the interest of the citizens generally; to do as little injury as possible
to private property, and avoiding gardens, orchards, and plantations of trees for
use or ornament, unless the consent of the owner can be first had and obtained, and
the said commissioners shall, after they have completed the location of said road,
make a full report of their doings, and sign the same, and file a copy and also a
survey and field notes of said road in the clerk’s office of the county commissioners’ court of Greene county with the records of said court, and all questions, relative to the location of said road, shall be determined from
the report, survey, and field notes aforesaid.
County court shall pay
Sec. 4. The several commissioners appointed by this act shall be entitled to a reasonable
compensation for their services not exceeding the sum of two dollars per day each,
to be allowed said commissioners by the county commissioners’ court of the county in which each of the aforesaid commissioners may reside, and when audited
and allowed shall be paid on the order of the said county commissioners’ courts out of their respective county treasuries.4
Approved, 2nd March, 1837.
1On January 9, 1837, William Lane in the House of Representatives presented the petition of citizens of Greene, Pike, and Morgan counties, requesting a state road from Edwardsville by way of Carrollton, Bridgeport, and Pittsfield, to Quincy. The House referred the petition to a select committee. In response to this petition,
Lane of the select committee introduced HB 123 in the House on January 14. The House passed the bill on February 9. On February
21, the Senate referred the bill to a select committee. The select committee reported back the
bill on February 22 with amendments, in which the Senate concurred. On February
23, the Senate passed the bill as amended. On February 28, the House concurred in
the amendments from the Senate. On March 2, the Council of Revision approved the bill, and the act became law.
Illinois House Journal. 1836. 10th G. A., 1st sess., 258, 397, 519, 687, 764, 803, 818; Illinois Senate
Journal. 1836. 10th G. A., 1st sess., 377, 479, 484, 495, 591.
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 Tenth General Assembly (Vandalia, IL: William Walters, 1837), 300-01, GA Session: 10-1