Papers Of Abraham Lincoln

In force, Mar.[March] 2, 1839.

AN ACT to vacate certain alleys in the town of Tremont.
1

Trustees may vacate street or alley.

Notice.

Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the president and trustees of the town of Tremont are hereby authorized to vacate, and permit to be enclosed, any street or alley in said town which may be deemed a nuisance, or be considered useless, upon the condition and in the manner following: They shall make an order declaring that, unless objection be made to the vacating and closing any street or alley as aforesaid, at a time to be fixed by the board, that the same shall be vacated and closed; of the making of which order, notice shall be given, by posting copies thereof at four public places in the town, or publishing the same in a newspaper printed in said town, four weeks before the day fixed in the same, for hearing objections; and at the day fixed in the order published as aforesaid, the said president and trustees shall meet, and, if no objection is made, they shall make an order declaring the said street or alley to be from thenceforth vacated and authorize the occupation thereof by persons owning lots on either side thereof.

Sec. 2. In all cases where lands have been, or may be, laid off into town-lots, streets, and alleys, and the plat thereof shall have been recorded, before any sale of lots therein, the proprietor or owner of the land may, by the execution of an instrument in writing, and causing the same to be recorded by the recorder of the county in which the plat was recorded, declare the said plat to be vacated; which shall operate to destroy the force and operation of the recording the plat of said town, and divest all public rights in the streets or alleys of the same; and plats of towns in which lots have been sold may be vacated, in manner aforesaid, by the execution of a writing aforesaid by all persons interested therein; but this section shall not apply to towns at which county seats have been or may be located, and plats of additions to towns may be vacated according to the provisions of this section; but nothing in this section shall authorize the obstruction of any public road established according to law.

Provisions apply to Bloomington.

Sec. 3. The provisions of the first section of this act shall apply to the town of Bloomington.

Approved, March 2, 1839.

1On December 19, 1838, William S. Maus introduced HB 56 in the House. On January 3, 1839, the House passed the bill without amendment, and referred it to the Senate. On February 8, following the addition of sundry amendments by a select committee, the Senate passed the bill and referred it back to the House. On the suggestion of William Thomas, the title was changed to “An act to provide for the vacation of town plats and for other purposes.” On March 1, the House concurred in the Senate amendments. On March 2, theCouncil of Revision approved the bill, and the act became law.
Journal of the House of Representatives, at the First Session of the Tenth General Assembly, of the State of Illinois (Vandalia, IL: William Waters, 1836), 114, 146, 159, 369, 405-06, 575, 606; Journal of the Senate, at the First Session of the Tenth General Assembly, of the State of Illinois (Vandalia, IL: William Waters, 1836), 134, 149, 201, 262, 276-277, 298-299, 482.