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In force, 3d March, 1837
AN ACT to amend an act entitled “an act to amend an act concerning public roads,” approved January 18th, 1836.
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Duty of supervisors to make a list of all names
Labor to be credited
Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That every supervisor in each county in this state shall hereafter within twenty days after having accepted his appointment, make out a list of the names of every person liable to a labor tax within his district, and shall add thereto all such persons as may remove into said district from time to time, and who are liable to said tax, and on the first Monday of March annually, he shall return the said list to the county commissioners court after having credited each individual with the labor he may have performed.
Refusal to labor after notified shall forfeit $1[.]25 per day
How recovered
Sec. 2. Any person who shall refuse or neglect to perform his labor tax as required by the act concerning public roads, approved February 3d, 1835, after having been notified agreeably to the provisions of said act, shall forfeit and pay the sum of ($1[.]25) one dollar and twenty-five cents for each day so neglected to be performed, to be recovered with costs of suit before any justice of the peace within said county, to be expended on the roads where such persons were required to labor.2
In case supervisor shall neglect
Shall forfeit
Special duty of clerk of co. court
Shall prosecute delinquent supervisor
All moneys collected appropriated to improvement of roads
Sec. 3. Any supervisor who shall neglect or refuse to prosecute such delinquent person before he makes his returns to the county commissioners’ court as aforesaid, shall forfeit and pay double the amount of such delinquent’s labor tax, to be recovered before any justice of the peace in the county, in the name of the county commissioners, for the use of the county; and it is hereby made the special duty of the clerk of said court immediately thereafter, to prosecute such delinquent supervisor and to pay over said forfeiture when collected, to the county treasurer, and also, to prosecute all delinquent supervisors who may neglect or fail to make due return of the delinquent list as provided by the first section of an act to amend an act concerning public roads, approved January 18th, 1836. All moneys collected under the provisions of this act shall be appropriated by the county commissioners’ court to the improvement of such roads as may be situated in the district from which the same may have been collected.3
Persons may discharge tax by labor
Sec. 4. Hereafter every person who may wish to discharge his road land tax in labor, shall be permitted to do the same at the rate of one dollar per day including what is now allowed by law.4
Pay of supervisor
Sec. 5. Each supervisor, on settlement of his accounts, shall be allowed one dollar and twenty-five cents per day, including what is now allowed by law for each day’s service on the road and notifying his hands after discharging his own tax.5

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Commissioner shall be sworn
Sec. 6. Every commissioner hereafter appointed by the county commissioners’ court to view and locate, or review and relocate any public road or cart-way shall, before entering upon the duties of their appointment, be severally sworn faithfully to perform the duties assigned them by virtue of their appointment, which oath may be taken before the clerk of the county commissioners’ court or any justice of the peace in the county.
Petitions for roads, have 30 signers
Proviso.
Petition with less number
Sec. 7. Hereafter every petition for a view and location or review and relocation of a road shall have at least thirty signers, whose residence shall be within five miles of the route proposed to be viewed or reviewed; Provided, however, that if there shall not be that number residing within the bounds of such route, the said court may appoint viewers on a petition with a less number of signers when they deem the public good requires it, any law to the contrary notwithstanding.
State or county road may be changed
Sec. 8. That in all cases where the county commissioners find it necessary, from the nature of the banks of any stream, to erect a bridge a greater or less distance above or below the state or county road as established by law, the said county commissioners court of any county may, in their discretion, at any regular term of their court, so far alter the direction of any state or county road as may require said road to cross the stream at the point selected by the court for the erection of such bridge; provided, the said variation shall not exceed five chains on either side of said road.
Duty of grand jurors in regard to roads
Sec. 9. Hereafter every supervisor of highways or roads, who shall fail to perform the duties required of him by law shall be deemed guilty of a misdemeanor, and it shall be the duty of the circuit court, at any time, to cause the grand jury to be charged specially to inquire into the state and condition of the public roads and into the conduct of supervisors in their respective counties, and it shall be the duty of each and every Grand Juror to take notice and give information to the Grand Jury of the state of the roads in his neighborhood and of all and every neglect or omission on the part of the supervisors.
May make presentment of
Sec. 10. When any grand jury shall be satisfied that any supervisor has neglected or failed to perform any of the duties required by law, it shall be their duty to make a presentment of the facts, and the States’ attorney shall, thereupon, write out a presentment in form against the supervisor, stating therein, with reasonable certainty, in what particular the said supervisor has failed or neglected to perform his duties, the caption of which shall be the same as an indictment, and if the grand jury agree to each presentment, the same shall be signed by the foreman and pre-
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sented to the court, to be proceeded on as is hereinafter directed.
Court shall order summons
Summons when returnable
Duty of Sheriff
Sec. 11. When any presentment shall be made against a supervisor, the court shall order a summons to be issued thereon, directed to the sheriff of the county in which the presentment was found, requiring the supervisor to appear before the court and answer to such presentment, and show cause why he should not be fined; which summons shall be returnable to the succeeding term of the court or to the same term at which the presentment was found, in the discretion of the court. The sheriff shall execute the summons by reading the same to the defendant and make return thereof as other process.
Witnesses
Sec. 12. The grand jury shall endorse on every presentment the names of the witnesses by whom the facts presented can be proved, and the clerk shall issue subpoenas for said witnesses, as in cases of indictments.
Powers of circuit court
If found guilty
Fine
Sec. 13. The circuit court shall have power and jurisdiction, and are hereby required to hear and determine all cases arising under this act, in a summary way, and upon such hearing, if any supervisor shall be found guilty, the court shall fine said supervisor in any sum not less than five nor more than twenty dollars, which fine shall be collected as fines imposed upon persons convicted upon indictments, and shall be paid into the county treasury and applied to road purposes.
Sec. 14. When a supervisor has been served with a summons and fails to appear, the court shall hear the evidence in behalf of the people, and fine or acquit the supervisor according to the testimony.
Sec. 15. Every supervisor presented, shall have the right to subpoena for witnesses and to be heard in his defence as in other cases, and when found guilty shall pay all costs of the prosecution including a fee of two dollars and fifty cents to the state’s attorney.
Officers entitled to fees
Sec. 16. Clerks, sheriffs, witnesses, and others, shall be entitled to the same fees, in proceedings under this act, which are or may be allowed for similar services under the laws regulating fees.
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Approved 3d March, 1837.7
1On December 19, 1836, John Hamlin introduced SB 8 in the Senate. On December 20, the Senate tabled the bill and ordered printed 200 copies. On December 29, the Senate took up the bill and referred it to a select committee. The select committee reported back the bill on December 31 with an amendment, in which the Senate concurred. The Senate tabled the bill as amended. On January 4, 1837, the Senate took up the bill and referred it to another select committee. The select committee reported back the bill on January 6 with an amendment, in which the Senate concurred by a vote of 30 yeas to 7 nays. On January 7, the Senate passed the bill as amended. On January 26, theHouse of Representatives referred the bill to a select committee. The select committee reported back the bill on February 20 with various amendments. The House approved the select committee’s amendment to the second section, and amended the select committee’s amendments by adding an additional section. The House concurred in the select committee’s amendments as amended. The House further amended the bill by adding an additional eight sections. On February 24, the House passed the bill as amended. On February 28, the Senate concurred with the House amendments. On March 3, the Council of Revision approved the bill, and the act became law.
Illinois House Journal. 1836. 10th G. A., 1st sess., 199, 253, 394, 645-47, 697, 773, 819; Illinois Senate Journal. 1836. 10th G. A., 1st sess., 79, 84, 122, 132-33, 149-50, 160, 171, 526, 561, 608-609, 611-12.
2Section sixteen of the act stipulated that each able-bodied man between the ages of eighteen and fifty would have to work on public roads as a labor tax. The respective county commissioners’ courts were to fix the number of days each individual was to spend in such work. Section seventeen gave county commissioners’ courts power to levy property taxes for support of roads, and section twenty-three allowed those taxes to be paid in labor. Section twenty-eight stipulated that any person who failed to perform their required road labor would have to pay a fine of seventy-five cents for each day of labor that the individual failed to perform.
3Section one of the 1836 act stipulated a fine of not less than $5 or more than $50 for supervisors negligent in their duties.
4Section twenty-seven of the 1835 act stipulated a rate of seventy-five cents per day.
5Section twenty-six of the 1835 act stipulated a rate of seventy-five cents per day.
6On February 20, 1837, the House of Representatives amended the bill by adding sections eight through sixteen. Sections nine through sixteen appear to augment and strengthen section one of the 1836 act and section thirty of the 1835 act.
Illinois House Journal. 1836. 10th G. A., 1st sess., 645-47.
7In 1841, the General Assembly passed an act that superceded this and other public road acts.

Printed Document, 3 page(s), Laws of the State of Illinois, Passed by the Tenth General Assembly (Vandalia, IL: William Walters, 1837), 274-76, GA Session: 10-1