Com'rs to return plat to Bureau co. cation, and assessment at the town of Princeton, thence proceed on said route, and shall continue the same from day to day until it be completed. SEC. 3. Said commissioners, so soon as they shall have commake report pleted said view and location of said road, and assessed the of survey and damages as aforesaid, shall make out a plat of said road with co. clerk of the courses and distances from point to point, and shall also make a written report to said commissioners' court, describing the route of said road, and the amount of damages assessed to the respective owners of lands, as aforesaid; and where the owners of any tracts are unknown, shall report the amount of damages assessed as aforesaid on each of said tracts of land, the owners of which are unknown; which plat and report shall be certified and signed by said commissioners and filed in the office of the clerk of the commissioners' court of said county, at least ten days previous to the commencement of the June term of said commissioner's court, in the year 1843; which report shall be subject to inspection by all persons concerned, and said commissioners' court shall, at their June term, A. D. 1843, pass an order to be entered on record establishing said road. SEC. 4. Said commissioners shall give at least twenty days To give nosice of time & previous notice of the time and place of commencing the view place of com- and location of said road, and the assessment of damages as mencing &c. aforesaid, by putting up a written notice thereof in one of Persons dis assessment may appeal to circuit court the most public places in each of said towns of Princeton, Dover, and Lamoille, and no other notice whatever shall be. necessary, but this act and the notices being given as herein provided, shall be deemed and taken as sufficient notice to all persons concerned, who may wish to appear before said com. missioners at such assessment of damages, or may desire to appeal from any assessment, order, or decision, of said commissioners herein, whether the same be residents or non-residents of this State. Said commissioners, or any one of them, shall, at or previous to the commencement of said view and location of said road, return to the clerk of said commissioners' court, one of the said notices, or a copy thereof, and shall make affidavit before said clerk that the notices were proper. ly given or posted up as required by the provisions of this act, and the said clerk shall attach the affidavit to said notice or copy so returned, and file the same in his office, which shall be deemed prima facia evidence in all courts, that the notice aforesaid was duly given. SEC. 5. If any owner or owners of land, through which said satisfied with road shall pass, shall be dissatisfied because no damages are assessed by said commissioners, or because the damages assessed are insufficient, he, she, or they may appeal to the circuit court of said county, by complying with the provisions of an act entitled "an act allowing appeals in certain cases," approved January 31st, 1835; Provided, said appeal be prayed at the June term of said commissioners' court, A. D. 1843, and the said circuit court shall, at the term thereof next succeeding, proceed to try all appeals which may be taken as aforesaid, and the decision of said court shall be final, and the Decision to clerk of said circuit court shall make out and file with the be final clerk of said commissioners' court, a copy of all orders and decisions made by said circuit court, within thirty days after the term in which such decisions are made; and in all cases where the damages are not increased, the appellant shall pay the costs of the appeal. Bureau co. SEC. 6. In all cases where damages shall be assessed in fa- Damages te vor of any owner or owners of land, through which said road be paid out of shall pass, and no appeal shall be taken by such owner or owners, co. treasury of as herein before provided, the commissioners' court shall, at the term in which appeals are allowed to be taken as aforesaid, cause to be paid out of the county treasury such damages as may be so assessed; and in all cases where such owner or owners of lands shall appeal to the circuit court as aforesaid, the said commissioners' court shall cause to be paid out of the county treasury such damages as may be awarded by said circuit court at their next regular term succeeding such award. The county orders, when made out in favor of such person or Co. orders to persons, as are entitled to damages as aforesaid, and placed on be a tender in file by the clerk of said commissioners' court, are ready to be damages delivered when properly demanded at his office, shall be deemed and considered as a sufficient tender of said damages, and the right of way through all the lands over which said road may pass shall forever thereafter be secured to the public. payment of SEC. 7. After the damages that are assessed or awarded to Road to be the respective owner or owners of land, through which said opened when damages are road shall shall have been tendered in the manner providpass, tendered ed in the sixth section of this act, the commissioners' court shall pass an order requiring the supervisors of roads, through whose districts said road shall pass, to open the same within six months, and after the said road shall have been opened, the same shall be kept in repair as in other cases. APPROVED, January 24th, 1843. AN ACT to vacate a State road therein named. In force, Feb. 21, 1843, SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That so much of a State road Part of State commonly called the McFarland road, leading from McFar-road vacated land's ferry, on the Ohio river, to Mount Vernon, in Jefferson county, as lies in Franklin county, be and the same is here by declared vacated. APPROVED, February 21st, 1843. In force, Feb. 23, 1843. cate State AN ACT to locate a State road therein named. SEC. 1. Be it enacted by the People of the State of Illinois, Com'rs to lo- represented in the General Assembly, That B. T. Hunt, of Kane county, J. Hamlin, of De Kalb county, and R. Prichard, of Ogle county, be and they are hereby appointed commissioners to view, mark, and locate a State road from Chicago, in Cook county, to Grand de Tour, in Ogle county, via Steam Mill bridge, Babcock's grove, St. Charles, and Sycamore. road from missioners SEC. 2. The said commissioners, or any two of them, shall Duty of com- meet at the city of Chicago, on the first Monday of April, 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 city, faithfully to perform the duties required of them by this act, and said commissioners, after being qualified as aforesaid, shall proceed to view, mark, and locate, said road on the nearest and best route. Com❜rs to make returns SEC. 3. The said commissioners shall be required to return to the clerk of the county commissioners' court of the several of plats &c. counties through which said road shall pass, a correct plat of the survey of said road in their respective counties; which plat shall be filed in the office of said clerks; and said road, when laid out as aforesaid, shall be deemed a public highway, and the county commissioners' courts of the several counties through which said road may pass, shali appoint supervisors over said road, and cause the same to be opened and kept in repair as other State roads are. Compensation SEC. 4. The commissioners appointed under the provisions of this act, and such other persons as shall be employed by them in the discharge of the duties enjoined upon them by this act, shall receive a just and reasonable compensation for the time necessarily employed in viewing, marking, and loca ting said road; each county paying for the time necessarily employed therein. APPROVED, February 23d, 1843. In force, AN ACT confirming the survey and location of a State road from CharlesFeb. 23, 1848. ton to Peoria. Survey and location of SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the survey and location of the road leading from Charleston, in Peoria county, to the road from Pe town of Peoria, made by Gideon Thomas, John Williams, and Charleston, John Coyle, appointed by the county commissioners of said Peoconfirmed ria county for that purpose, be and the same is hereby established oria to and confirmed as a State road, according to the map, field notes, and plan thereof, made April tenth, A. D. one thousand eight hundred and forty-two, by George C. McFadden, coun ty surveyor, and filed with the clerk of the county commissioners' office of said Peoria county. SEC. 2. This act repeals all acts and parts of acts contrary to its provisions, and shall be in force from and after its passage. APPROVED, February 23d, 1843. 44 AN ACT to establish a State road therein named. In force, Feb. 23, 1848. from Peters burg to Ma SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Mathias Young, of State road the county of Menard, Arthur Morrow, of the county of Mason, and James P. Montgomery, of the county of Fulton, are comb hereby appointed commissioners to view, lay out, and mark a State road from Petersburg, in Menard county, to cross Sangamon river at Young's canoe landing, thence the nearest and best route to the town of Bath, on the Illinois river, thence the nearest and best route to the town of Astoria, in Fulton county, by the way of the lower end of Grand Island in said river, thence the nearest and best route to the town of Vermont, thence the nearest and best route to Macomb, in McDonough county. SEC. 2. The said commissioners, or a majority of them, Where to shall meet at Petersburg, in Menard county, on the first Mon- meet day in the month of June next, or as soon thereafter as prac ticable, and after being duly sworn, shall proceed to perform the duties required of them by this act, avoiding as much as practicable the injuries of private property. office SEC. 3. The said commissioners shall, in a reasonable time To file plate &c. in clerk's thereafter, cause to be filed in the clerks' offices of the county commissioners' court of each county through which said road shall pass a report and complete plat of said road; which report and plat shall be preserved and entered on the records of said court. tion SEC, 4. The said commissioners shall have power to employ a surveyor and such other persons as may be necessary in the survey and location of said road, and said commissioners, surveyor, and other persons so employed, shall be allowed a reasonable compensation for the time necessarily employed Compensaout of the treasuries of the respective counties through which said road may pass, in proportion to the time employed in each of said counties in laying out said road; and when said road is laid out, and the plat thereof filed as required by this act, it shall be the duty of the county commissioners' courts of the To be opened aforesaid counties to cause such road to be opened and kept and kept in in repair as other State roads are. repair tanzas in SEC. 5. Also, said commissioners shall view a road from Road from Bath, in Mason county, to Matanzas, in said county, under Bath to Mathe same restrictions, limitations, and regulations as aforesaid. Mason co. APPROVED, February 23d, 1843. In force, Feb. 23, 1843. cate road from Jemi AN ACT to amend "an act to establish a State road from Jemison's ferry, in Pope county, to Cape Girardeau," in force March 2d, 1839. SEC. 1. Be it enacted by the People of the State of Illinois, Com'rs to lo- represented in the General Assembly, That Mathew McClure, John L. Cooper, and Williain Sharp, be and they are hereby appointed commissioners to locate a road from Jemison's ferson's ferry to ry to Cape Girardeau, or a majority of them, shall, on or before Cape Girardeau the first day of August next, report to the county commissioners' court of the several counties through which said road passes, the survey and location of the said road, designating in said report the most remarkable places along the route located; which road shall be opened and kept in repair as other State roads are. APPROVED, February 23d, 1843. In force, Feb. 23, 1843. Com'rs ap cate State road AN ACT to locate a State road therein named, SEC. 1. Be it enacted by the People of the State of Illinois, represented in the_General Assembly, That Lawrin Hulbert, pointed to lo- Orsamus Wilson, Lemuel Morse, and Joseph W. Churchill, of Kane county, and Charles Gary, of the county of Du Page, be and they are hereby appointed commissioners to view, mark, locate, and establish a State road from Fox river, in Kane county, running thence eastwardly to Gary's mills, in the county of Du Page. When and SEC. 2. Said commissioners, or a majority of them, shall where to meet meet at the house of said Orsamus Wilson, on the first Monday in May next, or within six months thereafter, and after being duly sworn by some justice of the peace, faithfully to perform the duties required of them by this act, shall proceed to locate, mark, and establish said road, four rods wide, commencing on the east bank of said Fox river, at the bridge crossing said river, in the the town of Batavia, in said county, or within fifty rods below said bridge, running thence eastwardly to Cary's mill, in the county of Du Page, or until they intersect the road at or near said mill, taking into consideration, in locating said road, the best route, and the most advantageous ground for a permanent road. To report to co. court through which road shall pass SEC. 3. Said commissioners shall, within six months after the location of said road, make a report of their proceedings to the county commissioners' courts of the respective counties through which said road may pass. The said road thus established shall be a public highway of this State, and the county commissioners' courts of said counties shall cause the same to be opened and kept in repair as other roads are. This act to be a public act, and to take effect from and after its passage. APPROVED, February 23d, 1843. |