Papers Of Abraham Lincoln

In force, 7th Feb. [February]1837.

AN ACT to relocate a part of a certain road in Montgomery county, and for other purposes.
1

Commissioners appointed to relocate road between Cress’s and Kirkpatrick’s, in Montgomery county

Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That John Kirkpatrick, Joseph McAdams and David Starr be, and they are hereby appointed commissioners to relocate that part of the Greenville and Sangamon road that lies between Martin Cress’s and John Kirkpatrick’s in Montgomery county.

Where to meet and when.

To be sworn.
Oath.
Their duty.

Sec. 2. Said commissioners, or a majority of them, shall meet at the house of said Cress, on or before the first Monday in April next, or within one month thereafter, and after being duly sworn before some justice of the peace to faithfully and impartially perform the duties required of them by this act, shall proceed to relocate said road, commencing at or near the house of said Cress, and gradually leaving the present road, so as to follow the ridge east of the present location so as to intersect the old road at the most convenient points between the said Cress’s and John Kirkpatrick’s.

Declared a State road.

Sec. 3. Said road when so located shall be deemed a State road, and shall be opened and kept in repair as other state roads are. 2

Repealing clause.
Compensation.

Furthermore, the road now travelled from said Kirkpatrick’s house to the south side of W. B. Richardson’s land, is hereby declared a State road, and all acts or parts of acts coming within the purview of this act

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are hereby repealed; said commissioners shall receive out of the treasury of the county of Montgomery a just compensation for their services when rendered.

Approved, 7th February, 1837.

1On January 11, 1837, Larkin Craig in the Senate introduced the petition of citizens of Montgomery County, requesting the re-location of a state road running through the county. The Senate referred the petition to a select committee. In response to this petition, Craig of the select committee introduced SB 98 in the Senate on January 20. On January 24, the Senate passed the bill. On February 2, the House of Representatives passed the bill. On February 7, the Council of Revision approved the bill, and the act became law.
Illinois House Journal. 1836. 10th G. A., 1st sess., 373, 411, 456, 494; Illinois Senate Journal. 1836. 10th G. A., 1st sess., Illinois Senate Journal. 1836. 10th G. A., 1st sess.,192, 260, 276, 286, 348, 358, 364.

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.