Papers Of Abraham Lincoln

In force 3d March, 1837

AN ACT to locate a State road from Mr. Anderson’s bridge in Madison county, to B. Johnson’s, in Bond county.
1

Commissioners to view, mark and locate a road.

Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Abraham Howard, Joseph Bartlett and E. Hansburger, of Madison county, be and they are hereby appointed commissioners, to view, mark and locate a State road from Mr. Anderson’s bridge, on the west fork of Silver creek, in Madison county, via Marine town, and L. S. Judd’s, to B. Johnson’s in Bond county, keeping as near to the present main travelled road or track as the nature of the ground and a due regard to the public convenience will justify, provided, that those interested in said road build the bridge that may be needed over the east fork of Silver creek without expense to the county of Madison.

Commission’rs[Commissioners], when and where to meet.

To take oath.

To make return to county commissioners court of Madison county. Road, a public highway.

Sec. 2. The said commissioners, or a majority of them, shall meet at Mr. Anderson’s on the second Monday in March, or as soon thereafter as possible, and after being duly sworn before some justice of the peace, faithfully to

<Page 2>
discharge the duties enjoined on them by this act, shall proceed to locate said road, doing as little injury to private property as possible, and shall make due return to the county commissioners court of said county of Madison, of their doings under this act, accompanied by a plat of said road, which plat and report shall be filed in the office of the clerk of the county court of said county; and said road so located shall be a public highway of this State, and shall be opened and kept in repair as other State roads are.

Commissioners to receive compensation.

Sec. 3. The said commissioners shall be allowed out of the treasury of Madison county, a reasonable compensation for the time they may be necessarily employed in the location of said road.2

This act to be in force from and after its passage.

Approved March 3, 1837.

1On February 20, 1837, John Hogan introduced HB 295 in the House of Representatives. On February 22, the House passed the bill without amendment, and referred it to the Senate. On March 1, the Senate likewise passed the bill without further amendment. On March 3, the Council of Revision approved the bill, and the act became law.
Illinois House Journal. 1836. 10th G. A., 1st sess., 648, 671, 703, 796, 816, 829; Illinois Senate Journal. 1836. 10th G. A., 1st sess., 525-526, 559-560, 568, 604.

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.