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located, the commissioners shall make out two statements in writing, showing the location, thereof, and return one of said "la copies to each of the county commissioners' courts of Bond and Montgomery counties...

SEC. 4. The county commissioners shall carise that part, of said road which may be located in thcir respective coun-Fay of compre ties to be opened and kept in repair as other State roads are. There shall be allowed to said commissioners locating said road, a reasonable compensation, to be paid out of the coun. ty treasuries of the counties of Bond and Montgomery in proportion to the distance that the road runs through each county.

Sec. 5. That Arthur Ledlee and James Grayham, of Ma-From Carlincoupin county, and John Johnson, of Sangamon county, be, ville to Berlin and they are hereby appointed commissioners to view, mark and locate a State road from Carlinville, in Macoupin county, to Berlin, in Sangamon county. Said commissioners shall meet at Carlinville on the first Monday in April next, or as soon thereafter as practicable, and arter being duly sworn by some justice of the peace, for the faithful performance of the duties required of them by this act, shall proceed to view, mark and locate said road, having due regard to private property, its also to the nearest and besi route.

SEC. 6. Said commissioners shall within twenty days af- Report. ter having located said road, make a report in writing to the county commissioners' court of Macoupin and Sangamon couties; said report shall form a part of the records of said courts, and said road thus laid out, shall be considered a State road, and be opened and kept in repair as such. The counties of Macoupin and Sangamon shall allow said com-^^

Pay of com'rs missioners a reasonable compensation for their services, in proportion to the length of the road in each county.

Approved, February 19, 1841.

cate road

An ACT to locate and establish a State Road from the town of Peoria, in
Peoria county, to the town of Fairview, in Fulton county.

In force Feb. Sec. 1. Be it enacted by the People of the State of Illinois, 19, 1841. represented in the General Assembly, That Daniel Groenendyke, of Fulton county, and John McFadden and Thomas Ramscy, of Peoria county, be, and they are hereby appointed commissioners to view, mark and locate a State road Com’rs to lo. from Peoria, in Peoria county, to Fairview, in Fulton coun-C ty, commencing at Peoria and running through the Harkee and McFadden settlements to the line of Fulton county at or near the house of George Griggs, thence across the corner of Fulton county, on the most eligible ground, to the south line of townships eight north, five east, thence by the house of Joseph Hunt, Whitman's mill, and the house of Thomas Lane, to the west line of Peoria county, thence by Bond's

farm, in Fulton county, on the most direct and eligible route, to Fairview, having reference in the location of said road, to the nearness of the route, the eligibility of the ground, and doing as little injury to private property as the public good

will permit. Tin of meeting

place Sec. 2. The said commissioners, or any two of them,

shall meet at the court house in Peoria on the first Monday in April next, or some day thereafter, and before entering upon the duties assigned them by this act, shall take an oath before some justice of the peace of said county, faithfully to discharge the duties required of them by this act, and shalt proceed to view, mark and locate said road four rods wide,

on the nearest and most eligible ground. ort to be Sec. 3. Upon such location being made, the said comfiled.

missioners, or any two of them, shall make a report of the same to the county commissioners' courts of Peoria and Ful- · ton counties, and said courts shall cause said road, or so much thereof as lies within' their respective counties, to be opened and kept in repair, and said road is hereby declared to be a State road.

SEC. 4. The commissioners hereby appointed shall be Prs paid a fair compensation for the time they may be necessarily

employed in locating said road, to be allowed by the county cummissioners' courts of Peoria and Fullon counties; twothirds to be paid out of the county treasury of Peoria county, and one-third out of the county treasury of Fulton county. This act to take effect from and after its passage.

Approved, February 19, 1841

An ACT to locate a State Road from Columbus to Houston, in Adams In force Feb.

county. 19, 1841.

Sec. 1. Be it enacted by the People of the State of Mlinois,

represented in the General Assembly, That J. G. Williams, Com’rs to lo-Smith McGinnis and D. Stricklin, be, and they are hereby cate road. appointed commissioners to view, mark and locate a State

road from Columbus to Houston, in Adams county.

SEC. 2. Said commissioners, or a majority of them, shall

meet at Columbus on the first Monday of April next, or as Time & place soon thereafter as practicable, and after being duly sworn to of meeting.

perform the duties required of them by this act, shall proceed to lay out said road between the points named in the first

section of this act, and shall designate the route of said road Report to be

by placing stakes in the prairic, and blazes on the trees in the fled.

be timber. The said commissioners shall as soon as the road

shall be laid oui, make and file a' report in the clerk's office of the county commissioners' court of Adams county.

Sec. 3. Said road when so laid out, shall be, and the same is hereby declared a State road, and shall be opened and kept in repair as other State roads are, and the commissioners

appointed by this act shall be allowed a reasonable compensation for their services, out of the county treasury of Adams Pay to com’rs county.

Approved, February 19, 1841.

An ACT 10 locate a State Road from Shelbyville to Mint Point in Coles county

In force Feb.

19, 1841. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Charles Kellum, John Houchins and John Young, be, and they are hereby appointed commissioners to view, and mark, and locate a Comers to loState road from Shelbyville, in Shelby county, on the nearest cate road. and best route to Houchins' mills on the Little Wabash river, thence to intersect the State road leading from Charleston, in Coles county, to Lawrenceville, near the head of Mint Point, on the waters of the Embarrass river. Sec. 2. Said commissioners shall meet at Shelbyville, in

Time & place Shelby county, on the first Monday in April next, or as soon thereafter as practicable, 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, locate and mark said road betwcen 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.

Sec. 3. The said commissioners as soon as practicable after the location as aforesaid, shall make out maps and

Maps and rereports thereof, giving the correct distance and description ports to be of the same, and shall file the same or a copy thereof in the led. clerks' offices of the county commissioners' court of each county through which any part of said road may pass; which said reports shall be made matters of record in said office. And the county commissioners' courts of the counties through i which said road passes shall allow said commissioners and their assistants a reasonble compensation for their services, in proportion to the length of said road in the counties Pay of com’rs through which the same shall pass; and they shall also cause said road to be opened and kept in repair as other State roads are.

Approved, February 19, 1841.

An ACT to authorize the Trustees of Shawneetown to construct a Mac-
Adamized Road.

In force Feb.

20, 1841. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the Trustees of Shawneetown be, and they are hereby authorized and empowered to locate and construct a turnpike or MacAdamized Location." road from the river bank in said town, along and upon Eddy

erul Assembly by authorized Aldamized Locatiob.

free.

street, to the high ground, if they should judge it expedients leading out of said town at such point within said town as

may be most eligible, and to enable said trustees to make Trustees may said MacAdamized road, they are hereby authorized to borborrow mo- row money on the faith of the tolls hereinafter granted, and ney

to pledge the revenues arising therefrom, and from any and all other sources, to pay the interest and reimburse the principal according to the terms of such loan.

Sec. 2. Said trustees shall have power to proceed under Right of way. the several acts relating to the right of way in all cases

where it may be necessary to enter upon or use the lands of private persons, either for the purpose of draining the flat lands, through which said road will pass.

Sec. 3. It shall and may be lawful for said trustees, Toll gates. whenever said MacAdamized roid is completed to the high

lands on Eddy street, to establish one or more toll gates and to fix and establish such rates of toll, for the use of said road,

as they shall judge expedient, and to alter the same at pleaRoad to be sure, and whenever the corporation debts contracted for the

making of said road shall be extinguished, the said tolls shall cease, and the said road become a free road, subject to be kept in repair like other public streets and roads within said

town. Penalty for Sec. 4. The said trustees are hereby authorized to estabinjury.

Jish by ordinance, such penalties as they may deem reasonable and right, for injuries done to said road, for evading the tolls which may be established, or for filling up or obstructing the drains or ditches which may be required to carry off the water from Barger's creek, or other streams or ponds; which penalties may be sacd for and recovered by said trustees before any justice of the peace of said town or county, without giving hond for costs, but subject to appeal to the circuit court of Gallatin county like other cases.

SEC. 5. That in order to carry into effect the provisions of Cost to be re- this act, it shall be the duty of the said trustees to keep an accuported.

rate account of the cost of the construction of said road, and after the completion of the sanie or any part thereof, to keep an accurate account of all tolls received, as well as the expenses of said road. The said trustees shall also be required to make an accurate report to the county commissioners' court at their March terın annually, of all expenses incurred and tolls received in said year.

Approved, February 20, 1811.

An ACT concerning Public Roads. In force Mar. 1, 1841. Sec. 1. Be it cnacted by the People of the State of Illinois,

represented in the General Assembly, That all roads within this Roads declare State, which have been laid out in pursuance of any law of highways. this State, or of the late Territory of Illinois, and which have

clerk

not been vacated in pursuance of law, are hereby declared to be public highways.

Sec. 2. The county commissioners' courts of the several County com. counties in this State, shall have, and are hereby vested with courts to sugeneral superintendence over the public roads within their pe

"public roads. respective counties; and are hereby authorized to cause new roads to be located and made, and to alter or vacate public roads within their respective counties, in the manner hereinafter provided and pointed out.

Sec. 3. The county commissioners' court of each county shall, at their March term, or as soon thereafter as may be, in To, appoint each and every year, lay out and divide their respective coun

road districts

count and I supervi. ties into such road districts as they shall deem convenient sor. and proper, defining accurately the boundaries of said districts; and they shall appoint one supervisor in each district, who shall serve one year, and continue in office until a successor shall be appointed.

Sec. 4. It shall be the duty of.the clerk of the county
commissioners' court in each county, to make out and deliver buty
to the sheriff written notices to all the supervisors as afore-
said, within ten days after such appointment has been made,
informing them of their said appointment, and describing the
bounds of their respective districts, ard the roads therein;
and the said sheriff shall immediatcly deliver the said notices
to thi persons to whom the same shall be directed respective.
ly, and if any supervisor shall refuse to accept his said ap-
pointme:t, the sheriff shall return the said notice to the clerk
who issued the same, noting such' refusal on the back thereof.
But if the said supervisor shall agree to accept the same, such
supervisor shall, within fifteen 'davs thereafter, return to the
clerk of the county commissioners' court a list of the names
of all persons residing within his road district, liable to be
taxed for road purposes; and the said sheriff shall notify the
· said clerk of such acceptance; and the said sheriff shall in all

cases make return of acceptance or refusal within twenty days
after the delivery to him of the notice aforesaid. For any
failure on the part of the clerk to make out and deliver to the
sheriff'any one of the notices required by this section, he shall
be fined in the sum of ten dollars; and the sheriff shall incur
the same penalty for a failure to deliver any one of said no.'
tices in the manner and within the periods herein prescribed: Proviso
Provider, That supervisors shall not be required to make
such return unless the county commissioners' courts sha'l
have levied a tax, according to the provisions of this act.
Sec. 5. When any person shall refuse to accept the ap-Super

fusing to acpointment of supervisor, he sha}l be fined five dollars, to be cept, to be finappropriated to road purposes: Provided, That the commis-ed. sioners' court may excuse any supervisor from the payment of said finc, upon being satisfied that such person ought not to Power of rehave been appointed. The commissioners' court shall have moval. power, at any time, to remove from office any supervisor'who shall fail or refuse to peform his duty; and all vacancies

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