Papers Of Abraham Lincoln

In force Feb.[February] 27th, 1837

AN ACT for a State road from Darwin in Clark county, to the State line of Indiana, in the direction to Terre Haute.
1

Commissioners appointed to locate road

Sec.[Section] 1. Be it enacted by the people of the State of Illinois represented in the General Assembly, That Darius Phillips, Jacob Long, and Hugh Henderson of the county of Clark, be and they are hereby appointed commissioners to view, mark, and locate a state road commencing at Darwin in Clark county, thence passing through what is commonly called the river settlement, to the state line dividing the States of Illinois and Indiana, on the nearest and best route in a direction to Terre Haute Indiana.

When and where to meet

To be sworn

Duty

Sec. 2. Said commissioners or a majority of them shall meet in the town of Darwin, on the first day of April next, or within six weeks thereafter, and after being first duly sworn before some acting justice of the peace of Clark county, faithfully and impartially to discharge the duties enjoined on them by the provisions of this act, shall proceed to view, mark, and locate said road, taking into consideration the local situation of the country through which said road may pass, keeping in view the eligibility of the ground for a permanent location of said road, doing as little damage to private property as practicable.

To make report and file the same

Sec. 3. And it shall be the duty of said commissioners, within ten days after they have completed said location, to make out a report in writing and file the same in the county commissioners clerk’s office of Clark county, which report when so filed, shall compose a part of said record.

Compensation

Road how opened and kept in repair

Sec. 4. Said commissioners shall be entitled to two dol-

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lars per day for each day necessarily employed in locating said road, to be paid out of the county treasury of Clark county: said road when so located, shall be opened and kept in repair as other state roads are.

This act to be in force from and after its passage.2

Approved 27th February, 1837.

1Responding to a petition from citizens of Clark County, Nathaniel Parker, of a select committee, introduced SB 47 in the Senate on January 4, 1837. The Senate passed the bill on January 6. On January 25, the House of Representatives referred the bill to a select committee, which reported back the bill with an amendment on February 13. The House approved the amendment, and on February 20, they passed the bill as amended. On February 24, the Senate concurred in the amendments of the House. On February 27, the Council of Revision approved the bill and the act became law.
Illinois House Journal. 1836. 10th G. A., 1st sess., 191, 253, 388, 585, 652, 711, 726; Illinois Senate Journal. 1836. 10th G. A., 1st sess., 136, 148, 154, 163, 470-471, 514, 531, 544.

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.