In force, Feb.[February] 3, 1840.
AN ACT to locate a State road therein named.
1Preamble
Whereas, by and under an act approved, February 28, 1839, providing for the formation of the
county of Williamson, from the county of Franklin, and for the location of the county seat of the said county of Franklin, the commissioners appointed by said act did proceed to locate (in conformity therewith)
the county seat of the said county of Franklin at the town of Benton: And, whereas,there is no State or county road passing through said town of Benton, whereby travellers and others experience great difficulty in passing to and from said town: And whereas, from the shortness of the time which has intervened between the location of said
county seat, and the meeting of the Legislature, the citizens of Franklin county have been unable to comply with the provisions of an act defining the manner of petitioning
the General Assembly in relation to the location of State roads; Therefore,
Comr’s[Commissioners] to locate road
Location
Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That James Eubanks, John Ewing, and William Mitchell, of Franklin county, be, and they are hereby appointed commissioners to view, mark, and locate a State Road
from where the Nashville and Equality road crossesLittle Muddy river , to the town of Benton, in Franklin county; thence, to the bridge over Muddy river, on the road leading from Mount Vernon, in Jefferson county, to Golconda, in Pope county, and from thence to Galatia in Gallatin county.
Time and place of meeting
Sec. 2. Said commissioners shall meet at the town of Frankfort, on the first Monday in April next, or as soon thereafter as practicable, and after
being first duly sworn before some justice of the peace faithfully to discharge the
duties required of them by this act, shall proceed to view, locate and mark said road
between the points above designated, on the nearest and best ground, by marking trees
in the timber, and putting up stakes in the prairie, having due regard to the public
good, and doing as little damage to private property as the nature of the case will
permit.
Maps and reports to be recorded
Sec. 3. The said commissioners, as soon as practicable, after the location as aforesaid,
shall make out maps and reports
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thereof, giving the correct distance and description of the same; and shall file the same, or a copy thereof, in the clerk’s office of the county commissioner’s
court of each county through which any part of said road may pass; which said reports
shall be made matters of record in said offices, and the same carefully preserved.
Pay of com’rs[commissioners]
Sec. 4. The county commissioners’ courts of the several counties through which said road
passes, shall allow said commissioners and their assistants, a reasonable compensation for their services in proportion to the length of said
road in the several counties through which the same shall pass, and they shall cause
said road to be opened and kept in repair as other State roads are.
Act suspended
Sec. 5. The operation of the “act to define the manner of proceeding in petitioning the General Assembly for locating
or altering State roads,” so far as it relates to the provision of this act, is hereby suspended.
Part of road vacated
Proviso.
Sec. 6. So much of the State road leading from Nashville to Galatia, as is now located between the beginning and terminating points of the road provided
for in the provisions of this act, is hereby declared vacated: Provided, That none of the expenses of said survey be paid out of the county treasury of Gallatin county.
Approved, February 3, 1840.
1Braxton Parrish presented a petition of the citizens of Franklin County to the Senate on December 30, 1839, requesting a state road and the Senate referred it to the Committee
on Petitions. John D. Wood introduced SB 52 the next day. The Senate passed the bill on January 18, 1840. The
House of Representatives referred the bill to a select committee on January 25. The committee reported back
on January 30 and recommended an amendment, to which the House concurred and passed
the bill. The Senate concurred with the amended bill on February 1. The Council of Revision approved the bill on February 3 and the act became law.
Journal of the House of Representatives (Vandalia, IL: William Walters, 1840), 67, 207, 255-56, 302, 327; Journal of the Senate (Vandalia, IL: William Walters, 1840), 73, 81-82, 98, 132, 219, 232, 234, 243.
Printed Document, 2 page(s), Laws of the State of Illinois, Passed by the Eleventh General Assembly, at their Special Session (Springfield, IL: William Walters, 1840), 105-06, GA Session: 11-S,