Papers Of Abraham Lincoln

In force March 1, 1837.

AN ACT to locate a State road from Commerce in Hancock county, to Farmington in Fulton county.
1

Commissioners appointed.

How laid out.

Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Marvin Tryen of Hancock county, David W. Barnes of Fulton county, and Elijah Bristow of McDonongh county, be and they are hereby appointed commissioners to view, mark and locate a State road,2 by setting stakes in the prairies, sufficiently close to be easily followed, and marking the trees in the timber, from Commerce in Hancock county , the nearest and best route to Lahart in said county, thence to Farmington in Fulton county, having in view its permanency, and doing as little private injury as the public good will permit.

When and where to meet.

To be sworn.

To make a report and return the same to the clerks of the counties thro’ which said road passes.

Road laid out to be a State road.

Sec. 2. The said commissioners, or a majority of them, shall meet on the first Monday in May next, or within six months thereafter, at the town of Commerce in Hancock county, and after being duly sworn by some justice of the peace, faithfully to discharge the duties required of them by this act, shall proceed to view and locate said road, as heretofore provided, and shall make a report of the location of said road, giving the most noted points thereon, and return a copy of said report to the clerk of the county commissioners’ court, of each of said counties through which the same may pass, which shall be filed by him in his office, and said road thus laid out, shall be and is hereby declared a public State road, and shall be opened and kept in repair as other public roads are.

May call to their assistance necessary help.

Compensation.

To be paid out of the county treasury.

Sec. 3. Said commissioners, or a majority of them, may call to their assistance such other help as may be necessary for the location of said road; and the county commissioners court of each county through which the same may pass shall allow said commissioners, and other hands, a reasonable compensation for every day necessarily employed in locating said road, to be paid out of the county treasury of each county, according to the distance the said road may pass through the same.

Approved, March 1, 1837.

1Thomas H. Owen introduced SB 171 in the Senate on February 7, 1837. The Senate passed the bill on February 9, and the House of Representatives passed it on February 25. On March 1, the Council of Revision approved the bill, and the act became law.
Illinois House Journal. 1836. 10th G. A., 1st sess., 531, 717, 768; Illinois Senate Journal. 1836. 10th G. A., 1st sess.,362, 369, 373-74, 536, 572, 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.
An Act concerning Public Roads, sec. 9; An Act Authorizing Commissioners’ Courts to Alter, Change, and Relocate State Roads; An Act concerning Public Roads.