« ForrigeFortsett »
the viewers to the commissioners' court, which shall he. re-Road9 |°, bV corded and filed. The commissioners' court, on the return of platted, the report and plat, shall determine and establish on record the width of the road, making the main leading roads four rods wide, and none less than thirty feet.
Sec. 26. In the location and alteration of all roads, it Roatjs to be shall be the duty of viewers to make the same as direct as made direct, the ground and circumstances will allow, particularly the main leading roads. Previous to entering upon their duties, they shall be sworn before some judge of a court, or justice of the peace of the State, that they will faithfully, impartially, and to the best of their judgment, discharge the duties incumbent on them as road viewers under the law and appointment of the court.
Sec 27. At the March term of the commissioners' court, Supervisor to annually, each supervisor shall make a report, showing the •^aM^I.J1epo" whole number of day's work that has been done in his district during the year; by whom done; the amount of money by him received; from whom; for road tax, or otherwise due on roads; the amount paid out by him in constructing roads, with the vouchers accompanying; at which term he shall make a settlement with the court, and if a balance should appear in his hands, the same shall be disbursed in the district, or added to the general road fund, as the court shall order. Supervisors may appoint one or more persons to warn in the hands, and make an allowance out of the labor or tax due from such person. No allowance shall be made to any supervisor for services out of the county treasury, except for sums required by the seventh section of this act, but be shall be wholly exempt from doing military duty in time of peace, and from serving on grand and petit juries while acting as supervisor; and shall have power and authority to appoint one or more deputies, suitable persons, to oversee laborers, and direct the work, the supervisor being responsible.
Sec. 28. Road viewers shall be allowed one dollar, and Compensa
surveyors two dollars, for each and every day necessarily a.on t° Tca(]
Ijjl- J l£ 0 viewers.
employed; and chain and axe-men, seventy-five cents per
Sec. 29. The supervisor, for the.purpose of building or Supervisor to repairing any bridge or causeway, by order of the county haul materials commissioners' court, is hereby authorized to enter upon the p°oved"ar?(i. nearest unimproved land, and to cut and haul away timber, or to quarry and haul rock, gravel, sand, or earth, which may be necessary for that purpose: Provided, He shall not take Proviso, away timber already cut, or any rock or gravel already quarried for another purpose, without leave from the owner or his agent; Provided, also, That unless the owner, or his or Further proher agent, shall first consent to the cutting of timber, or the quarrying of stone, or the taking of gravel, sand, or earth, the supervisor shall call upon two discreet householders to value
the materials about to be used. If the owner of the materials, or his agent shall see proper, he may choose two other discreet householders, to act with such as may be chosen by the supervisor, and if they cannot agree, the four shall choose a fifth, as umpire; and the five or a majority of them, shall make out their award under their hands and seals, and 'transmit it to the ch;rk of the county commissioners' court who shall tile and preserve the same; which award shall he final and conclusive, of the amount of damages sustained by such person, and the amount so awarded shall be paid to the owner of the materials, or his or her agent, out of the county treasury; and the supervisor shall be authorized and warranted in taking such materials so soon as the award shall be made. Supervisor* to Sec. 30. In all cases where a public road shall have been apply to jus- heretofore authorized by law to be laid out or constructed ticeof peace. m this State, either by State or county authority, and the same is required to pass over the land belonging to any company, corporation, or individual, and the owner or owners shall object thereto, and cannot agree with the commissioner, superintendent, or supervisor, authorized to construct the same, on the amount ol damage which such owner or owners may claim, it shall be lawful lor such commissioner, superintendent, or supervisor to apply to some justice of the peace of the county where the same may occur, who shall cause three householders to appear before him, and the householders so summoned, after being sworn faithfully and impartially to examine the ground which shall be pointed out to them by the commissioner, superintendent, or supervisor, shall assess the damages which ihey shall believe such owner or owners will sustain, over and above the additional value which such lands will derive Irom the construction of such road, and make two written reports signed by at least a majority of them, one of which they shall give to the commissioner, superintendent, or supervisor requesting the view, and the other to the opposite party, which award or assessment of damages shall, as well where the amount shall be agreed upon by the parties without applying to a justice of the peace, be laid beibre the county commissioners'court for consideration, who shall examine the matter, and should they decide the amount of damages is not unreasonable, or more than should be given, and that the opening and improving the road is called for by the public interest, and the finances of the county will justify, they, in that case, will approve and accept the award, and order the money to be paid, and the same being paid, the commissioner, superintendent, or supervisor, shall proceed to open and construct said road, which proceedings being recorded in the commissioners' court, the Proviso. right of way shall be thereby secured: Provided, That the
corporation, company, owner or owners of the land shall have the right to appeal from the decision of the commissioners' court to the circuit court, pud the case shall be acted upon in such manner as the court may determine, with a view to justice, and the establishment of the road, and shall make such order therein as may seem right and just, which decision shall be final. The provisions of this section shall extend to a cart-way, as contemplated in the thirteenth section of this act, viewers appointed to be sworn, report to be made, the damages to be paid by the individual.s desiring the cartway, to be confirmed by commissioners'court, and either party may appeal to the circuit court, where the case being fully heard, such judgment or order shall be made thereon as the court shall deem right, and which shall be a final decision.
Sec. 31. Supervisors are hereby authorized to bring suits Supervisors to before any justice of the peace of the county, to recover any bnaS BUltand all sums due lor road labor, road tax, fines and forfeitures .imposed by this act, which are intended to come into the hsnds of such supervisors for road purposes, and to collect, disburse, and account for the same, suing in the name of the county commissioneis, in their official capacity.
Sec 32. Any supervisor who neglects to keep the roads perjaity when in his district in good repair,, agreeably to the provisions of supervisor nethis act, or fails to perform any other duty herein required, gleets duty, shall be liable to indictment, and on conviction thereof, shall be fined in a sum not less than five dollars, and not exceeding fifty dollars, to be expended on some road within the district of said supervisor.
Sec. 33. The clerk of the commissioners' court in each Duty of clerk, county, shall, at each term of the circuit court, make out and furnish the grand jury with a list of the names of all supervisors in the county, with the date at which they were appointed.
Skc. 3i. Sheriffs and clerks of the county commissioners' Compensacourts, shall be allowed a fair and reasonable compensation ''°j "j 8^erifl* for discharging the duties required of them by this act, to be' paid out of the county treasury, on the allowance and order of the county commissioners' courts respectively. .
Sec. 35. That all laws heretofore passed, and now in All road laws force, upon the subject of State and county roads, be, and rePeale(1ths same are hereby repealed; but rights acquired, or liabilities incurred thereby, are not hereby afTected: Provided, Proviso. That nothing herein contained shall be construed so as to operate as a repeal of the act entitled "An act concerning the right of way, and for other purposes," approved, February twenty-eighth, one thousand eight hundred and thirty-three. This act shall not extend or be construed in any manner to authorize a change or any interference with the Great Western Mail Route, or the Darwin and Charleston turnpike. This act to be in force from and after the first day of March next.
Sec. 36. This act to be published immediately after its passage in the paper of the public printer.
Approved by the Council, February 20, 1841.
An ACT to provide for the appointment of another Commissioner to rein force Feb. view certain Stale roads. 24, 1841.
Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Jlisembly, That Hall Syms be added Additional to the list of commissioners to review certain State roads, runcominiBsioner ning out of the south and west side of the town of Paris, in rjew1roads '° *ne county of Edgar, as authorized in a previous act of the present Legislature. This act to be in force from and after its passage.
Approved, February 24, 1841.
An ACT to locats a State road from Urbana, in Champaign county, by way In force, May of North Bend, to Marion, in De Witt county.
Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Wilson Lewis, of
Com'rs to lo- Champaign county, William Wright, of Piatt county, and
cata road. Hiram Chapin, of De Witt county, be and they are hereby appointed commissioners to view, survey, mark and locate a State road from Urbana, in Champaign county, by way of North Bend post office, in Piatt county, to Marion, in De Witt county. Sec. 2. Said commissioners, or a majority of them, shall
Time & place meet aj- Urbana, in Champaign county, on the first Monday in May next, or as soon as practicable thereafter; and, after being duly sworn before some justice of the peace of said county, shall employ a surveyor and other hands they may find necessary, and proceed to survey and locate said road, on the nearest and best ground, from point to point, having due regard to private property.
Sec. 3. The said commissioners, so soon as they shall have
Plat filed. completed said view, shall make out a plat of said road, with the courses and distances from point to point; which plat, when so made, shall be certified by said commissioners, and a copy thereof filed in the office of the clerk of the county commissioners' court in each county through which said road may run; and the county commissioners shall then cause so much of said road, as lies within their respective counties, to be
Width of road opened three poles wide, and be kept in repair as other public highways are.
Sec 4. The said commissioners shall make out and present
Certificate ofto the county commissioners' court of each county through which
time & hands, such road may pass, a certified copy of the time and. hands necessarily employed in each county; and thereupon it shall be the duty of said courts to make a compensation for the
sums severally due, allowing to each commissioner one dollar
and fifty cents per day, and to the surveyor two dollars per
day, and all other hands one dollar per day; to be paid out of Compensat'n.
the county treasuries of each county, according to the time
•employed therein, in making such view, survey and location.
Sec. 5 This act to take effect and be in force from and after the first day of May next.
Approved, February 26, 1841.
An ACT to locate a State road in Fulton coun.y. In force Feb.
Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That John M'Can. James Combs and Jonas Rawalt, of Fulton county, be and they are com'rs to lohereby appointed commissioners to view, mark and locate acateroad. State road from Ulica to Richard Tompkins' ware house, near the mouth of Copperas creek, on the Illinois river, on fractional south-tast quarter of section twenty-four, township six north, range five east.
Sec 2. The said commissioners shall meet in the town of Time & ,aM Utica, on (he first Monday in March next, or some day there- of meeting, after; and, after being duly sworn by some justice of the peace well and truly to perform the duties above required, shall proceed to survey, mark and locate said road, five rods wide, as required by this act.
S*,c. 3. The said road, when laid out as aforesaid, shall be Road to b« deemed and considered a State road; and the county commis-££e"f^re ^gf sioners' court shall cause it to be opened and kept in repair as ep inrePairother State roads are.
Sec. 4. The commissioners appointed under the provisions of this act, shall receive a just and fair compensation for thec time they are necessarily employed; and they are.hereby au- omPensa "• thorized and empowered to employ a surveyor and chain-carriers, who shall receive a fair compensation for their services, "to be paid out of the county treasury.
Sec 5. This act to be in force and take effect from and after its passage.
Approved, February 26, 1841.
An ACT to locate a State road. jn (oTcg Fel)
Sec 1. Be it enacted by the People of the State of Illinois, ".' represented in the General Assembly, That the road lately laid out and located in Cook county, by John Frink, Lyman But-Com'rs to loierfield and Richard J. Hamilton, extending from the western cate roadlimits of Chicago to the Sand Ridge, in the direction of the Des Plaines river, and k- own as the turnpike from Chicago to the Sand Ridge, be a State road.