appointed by this act shall be allowed a reasonable compensation for their services, out of the county treasury of Adams Pay county. Approved, February 19, 1841.

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

countj. In force Feb.

19, 1841.

Sec. 1. Be it enacted by the People of the State of Illinois, represented in the Genetal Assembly, That Charles Kellum, John Houchins and John Young, be, and they are hereby appointed commissioners to view, and mark, and locate ac0m'rsto 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 Shelby county, on the first Monday in April next, or as soon 0/"eeting00* 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 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.

Sec. 3. The said commissioners as soon as practicable after the location as aforesaid, shall make out maps and Maps and ^ reports thereof, giving the correct distance and description port8 to be 6of the same, and phall 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 which said road passes shall allow said commissioners and their assistants a reasonbJe compensation for their services, in proportion to the length of said road in the counties pay 0foom»r« 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 Shawneeiown to construct a Mac

Adauiized Road. In force pe(,

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

street, to the high ground, if they should judge it expedient^ leading out of said town at such point within said town as miy 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 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, whenever said MacAdamized road is completed to the highlands on Eddy street, to establish one or more toll gates and to tix and establish such rates of toll, for the use of said road, as they shall judge expedient, and to alter the same at pleabe 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 ronds within said town, for Sec 4. The said trustees are hereby authorized to establish 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 sued for aad recovered by said trustees before any justice of the peace of said town or county, without giving bond 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 accurate account of the cost of the construction of said road, and after the completion ofthesameor 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 term annually, of all expenses incurred and tolls received in said year.

Approved, February 20, 1811.

Right of way.

Toll gates.

Road free.

Penalty injury.


In force Mar. 1, 1841.

An ACT concerning Public Roads.

Sec. 1. Be it enacted bi/ the People of the State of Illinois,

represented in the General Assembly, That all roads within this

ed^ public"~^tate' wmoD nave been laid out in pursuance of any law of

highways. this State, or of the late Territory of Illinois, and which have liot been vacated in pursuance of law, are hereby declared to be public highways.

Skc. 2. The county commissioners' courts of the several County com. counties in tuis State, shall have, and are hereby vested with courts to sugeneral superintendence over the public roads within their pubHtfroadg. 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 T° appoint each and every year, lay out and divide their respective coun- TMaA j g"'^! ties into such road districts as they shall deem convenient 8or. 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 uty 0 0 er' to the sheriff written notices to all the supervisors as aforesaid, within ten days after such appointment has been made, informing them of their said appointment, and describing the bounds of their respective districts, and the roads therein; and the said sheriff shall immediately deliver the said notices to the persons to whom the same shall be directed respective • ly; and if any supervisor shall refuse to accept his said appointment, the sheriff shall return the said notice to the clerk who issued the same, noting such refusal on the back thereof. But if the supervisor shall agree to accept the same, such supervisor shall, within fifteen days 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 notices 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.

Skc 5. When any person shall refuse to accept the ap- Supervisor re/• • i i n i n i /• I ii I fusing to ac

poir.tment of supervisor, he shall be fined five dollars, to be cept) toDe nn_

appropriated to road purposes: Provided, That the commis-ed.

sioners' court may excuse any supervisor from the payment of

, said tine, upon being satisfied that such person ought not topower 0f tfH

have 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

When road is obstructed.

shall be, filed at the term of the court at which any removal shall be made or vacancy occur.

Sec. 6. It shall be the duty of each supervisor to cause all Duty of su- the public roads within his district to be kept well cleared, pervisor, smooth, and in good repair—causing all stumps to be cut low, so as to afford at all times a free and safe passage to wagons and other carriages along such roads; to cause bridges and causeways to be made wherever the same shall be necessary and to keep the same in repair; and to cause to be erected and kept in repair, at the forks or crossing place of every public road, a post and guide-boards, with plain inscriptions thereon, in letters and figures, giving the direction and distance to the most noted.places to which said roads may lead. Sec. 7. Whenever any public road shall be obstructed by fallen timber, or in any other manner, and when any bridge or causeway shall be destroyed or become impassable or dangerous to travellers, it shall be the duty of the supervisor to cause such obstruction to be removed, and to have such bridges or causeways rebuilt or repaired; and for that purpose he shall call out the persons bound to labor on the road in his district, or as many of them as may be necessary, but if the persons bound to perform such labor in his district, shall have previously performed the number of days required by this act, or if the labor due from such persons shall not be sufficient, he shall then proceed to hire as many laborers or teams as may be necessary to remove such obstruction or repair such damages: Provided, The costs shall not exceed ten dollars; and if the cost of such work shall be estimated by said supervisor to exceed ten dollars, then he shall report such obstruction or damage to any two or more of the county commissioners, whose duty it shall be immediately to cause such obstruction to be removed, or such bridge or causeway to be rebuilt or repaired, as the case may be, either by ordering the supervisor to hire laborers and teams for that purpose, or by ma- . king a contract with some fit person or persons, as they may deem best; and all moneys required to carry any of the provisions of this section into effect, shall be paid out of the county treasury, on the order of the county commissioners' court.

Sec. 8. If any person shall obstruct any public road, by falling a tree or trees across the same, by encroaching upon or fencing up the same, or by placing any other obstruction therein, he shall forfeit, for any such, a sum not exceeding ten dollars, and a sum not exceeding three dollars for every day he shall suffer such obstruction to remain, after he shall have been ordered to remove the same by any supervisor, county commissioner, or justice, of the peace; and if any person shall purposely destroy or injure any bridge or causeway, or remove any of the timber or plank thereof, or destroy or deface any guide-board, post, or mile-stone, on a public road, or dig any drain or ditch across a public road, such






person so offending shall be indicted or sued before a justice
of the peace, and on conviction, shall be fined in any sum not
less than five dollars nor more than one hundred dollars, ex-
cept bridges, which shall be double the value thereof; and for
burning a bridge, to be punished agreeable to the criminal
code: Provided, however, That this section shall not be con"provi80
strued to extend to any person who shall lawfully cut down
any timber for rails, fire wood, or other purposes, and who
shall immediately remove the same out of the road; nor to any
person through whose laud a road shall run, who shall dig a
ditch or drain across such road, and shall keep the same in
good repair.

Sec. 9. No new road ghall be opened by order of the No new road county commissioners' court, unless the same shall be applied t0 be opened, for by at least thirty-five voters, residing within five miles of the road proposed to be laid out or altered, except in counties which shall not have more than three hundred voters, when only fifteen shall be required. Such applicants shall deposite in the hands of the clerk of the county commissioners' court a sufficient sum of money to pay the viewing. If their report be in favor of establishing the road, the money so deposited shall be returned to the persons who deposited the same; but if the report be unfavorable, the expenses of the view shall be paid out of the money so deposited; and every person applying for such new road shall contribute one day's labor, in addition to the number of days required by this act, towards making such road. The clerk of the county commissioners'Duty of clerk, court shall furnish each supervisor through whose road district such new road shall pass, with a list of the persons who petitioned for the same; and any such petitioners who shall not reside within some district through which such new road shall pass, shall be required to perform the day's labor herein required of him, under the direction of the supervisor of the nearest road district; and for failing to do so, after being duly notified, he shall be fined in the sum of one dollar.

Sec. 10. When a new road shall be applied for, as afore- Court to apsaid, the county commissioners' court shall, if in their opinion PolntTleweTMthe public good and convenience require it, appoint three suitable persons to view the ground proposed for the same; and if, after such view, the viewers shall believe the road applied for to be necessary, taking into consideration the expense of constructing the same, and its utility to the public, they shall proceed to locate and establish the same, on the nearest and most eligible route from point to point given, having due regard to private property; causing the same to be surveyed; designating its course through prairies and improved land by fixing stakes in the ground, or by ploughing two furrows* at the distance apart of the full width of the road, and through the timbered land by marking the trees; and shall make report thereof to the next county commissioners' court; but after the view, if they deem such road

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