In force, Mar.[March] 2, 1839.
AN ACT to protect the Cumberland road, and prevent trespasses.
1Persons trespassing, how punished.
Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That if any person or persons shall be guilty of removing any materials for the construction
of the Cumberland road in this State, now made and hereafter to be made and constructed, or deface, injure, or destroy
any of the works, or steal or destroy any tool or instrument belonging to the United
States for the use of said road, he or they shall be guilty of a high crime or misdemeanor,
and shall be punished severely under the laws now existing and in force for the punishment
of similar offences on individual and State property.
Sec. 2. That if any person or persons shall store any combustible or other matter in
any of the culverts or bridges, or obstruct them in any manner whatever, or encamp
or build fires within or near them, or obstruct any of the culverts, ditches, or drains,
remove or deface any mile-stones, or stop with teams to feed on the road, shall be
guilty of trespass, and shall be held accountable under the existing laws; and suits
may be brought against said trespassers by any agent of the Government, or any other
person who may take upon himself to attend to the same, for all such offences.
Persons trespassing, how taken.
Sec. 3. In cases arising under this act, the individual may be taken by capias or warrant founded on affidavit, and held to bail or committed to jail.
Sec. 4. Suits shall be brought before any court having competent jurisdiction to try
and hear such cases; and the right to appeal to the circuit court is reserved as in
similar cases now provided by law.
Approved, March 2, 1839.
1On February 20, 1839, William H. Henderson introduced HB 378, originally titled “An act to amend ‘An act regulating the salaries, fees, and compensation
of the several officers and persons therein mentioned,” in the House. On February 27, following the insertion of an amendment by the Committee on Judiciary,
the House passed the bill, and referred it to the Senate. On William B. Archer’s suggestion, the title was changed to “An act to protect the Cumberland road, and
prevent trespasses.” On March 1, the Senate too passed the bill without further amendment.
On March 2, theCouncil of Revision then approved the bill, and the act became law.
Journal of the House of Representatives, at the First Session of the Eleventh General
Assembly, of the State of Illinois (Vandalia, IL: William Waters, 1838), 461, 536-37, 581, 598, 603; Journal of the Senate, at the First Session of the Eleventh General Assembly, of the
State of Illinois (Vandalia, IL: William Waters, 1838), 452, 485, 502.
Printed Document, 1 page(s), Laws of the State of Illinois, Passed by the Eleventh General Assembly (Vandalia, IL: William Walters, 1839), 245, GA Session: 11-1,