In force, Feb.[February] 19, 1841.
Com’rs[Commissioners] to locate road.
Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Stephen Mindinall of Schuyler county, William Burke and Clemmons Robbins of Adams county, be, and they are hereby appointed commissioners to view, mark and locate a State road2 from Columbus in Adams county, to Brooklyn in Schuyler county,
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on the nearest and best route, having due regard to private property.
Time & place of meeting.
Report to be recorded.
Sec. 2. The said commissioners, or any two of them, shall meet at the town of Columbus on the first Monday of April next, or as soon thereafter as practicable, and after
having been duly sworn, faithfully to perform the duties required of them by this
act, shall proceed to view, mark and locate said road from point to point above described;
and they shall make a report in writing to the next county commissioners’ court thereafter, which said report shall form a part of the records of said court, and the said road laid out shall be deemed a State road, and shall be opened and
kept in repair as other State roads are.
Pay of com’rs
Sec. 3. The county commissioners' court of each of the counties through which the said road passes, shall pay their proportionate part of the compensation of said commissioners out
of the county treasury of each county, at the rate of two dollars per day for the
number of days in which they shall actually be employed in viewing, marking and locating
said road.
Road to be altered.
Proviso
Further proviso.
Sec. 4. That the county commissioners’ court of Jefferson county, be, and they are hereby authorized to make such alteration and relocation of that part
of the Brownsville road3 in said county, as the public good may seem to require, and as said court shall deem expedient: Provided, That no change of location shall be made at the county line.4 And provided further, That no such change, alteration or relocation shall be made in any part of the said
Brownsville road, unless notice thereof shall be given, and petitions therefor shall
be presented, as is required in other cases.5
Approved, February 19, 1841.
1On January 14, 1841, William A. Richardson in the Senate presented a petition from Lewis Gay and others, requesting a state road. The Senate
referred the petition to the Committee on Public Roads. The next day, Nelson W. Nunnally of the Committee on Public Roads introduced SB 114. The Senate amended the bill adding the 4th section on January 19. The Senate again
amended the bill the following day by adding the final proviso and passed it. The
House of Representatives passed the bill on February 16. The Council of Revision approved the bill on February 19 and the act became law.
Illinois House Journal. 1840. 12th G. A., 250, 386, 409; Illinois Senate Journal. 1840. 12th G. A., 161, 167, 179, 184, 329, 351.
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.
3Work of this road, which ran from Mount Vernon to Brownsville, commenced in 1834.
William H. Perrin, History of Jefferson County, Illinois (Chicago: Globe, 1883), 210.
4The Senate passed an amendment adding the 4th section on January 19, 1841.
Illinois Senate Journal. 1840. 12th G. A., 179.
5The Senate passed an amendment adding this final proviso on January 20, 1841.
Illinois Senate Journal. 1840. 12th G. A., 184.
Printed Document, 2 page(s), Laws of the State of Illinois, Passed by the Twelfth General Assembly (Springfield, IL: William Walters, 1841), 227-28, GA Session: 12-2,