A Bill Limiting Justices of the Peace and Constables to their Several Districts Respectively,
[14 December 1838]1
A bill for an act limiting Justices of the Peace and Constables to their several Districts
respectively—2
Sec[Section] 1 Be it enacted by the People of the State of Illinois represented in the General Assembly, that hereafter it shall not be lawful for any Justice of the Peace to issue any
civil process against to be served on any person in a different District from that in which such Justice
shall reside, except in cases where the cause of action on which process is issued
shall have accrued in the District where such Justice shall reside, and the person
against whom it shall issue shall reside in a different one—
Sec: 2. That hereafter no constable shall serve any civil process, issued by a Justice
of the Peace unless the same shall have been issued by a Justice residing in the same
District with such constable—3
Strike out all after the enacting clause and insert the following
That hereafter It shall not be lawful for any Justice of the peace to issue any civil
process upon any promissory note or ^any^ other instrument in writing for the payment of money property or other valuable
thing. to be served upon any person residing without the limits of his Justice district.
Strike out all after the enacting clause and insert the following
<Page 2>
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No 118
A Bill for an act limiting Justices of the Peace and constables to their several districts respectively.
A Bill for an act limiting Justices of the Peace and constables to their several districts respectively.
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78
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19
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[02]/[02]/[1839]
[02]/[02]/[1839]
Rejected
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[01]/[19]/[1839]
[01]/[19]/[1839]
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[12]/[19]/[1838]
[12]/[19]/[1838]
Com. Judiciary—
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[01]/[24]/[1839]
[01]/[24]/[1839]
Jan 24th
Sel Com rept [...?]
No vote—
Sel Com rept [
No vote—
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[01]/[25]/[1839]
[01]/[25]/[1839]
Com Judiciary
2James T. Cunningham introduced HB 30 in the House of Representatives on December 14, 1838. On December 19, the House referred the bill to the Committee
on the Judiciary. The Committee on the Judiciary reported back the bill on January
19, 1839, recommending its rejection. The House initially declined to engross the
bill for a third reading, but rescinded that vote and referred the bill to a seven-person
select committee. The select committee reported back the bill on January 24 with
amendments, in which the House concurred on January 25. John Moore offered another amendment, and the House referred the bill and proposed amendment to the Committee on the Judiciary.
The Committee on the Judiciary reported back the bill on January 29 with a substitute.
The House refused to indefinitely postpone further consideration by a vote of 31 yeas
to 47 nays, with Abraham Lincoln voting nay. The House rejected an amendment adding a proviso to the second section by a vote of 34 yeas to 43 nays, with Lincoln
voting yea. The House adopted an amendment adding a proviso to the first section, but rejected an amendment to the second section. The House also refused to strike out the second section.
The House concurred with the substitute as amended, but referred the bill as substituted
to a five-person select committee. The select committee reported back the bill on
February 2 with amendments. The House adopted an amendment amending the first section by inserting therein, before the provisoes, the words
“or where the contract may have specifically been made payable.” After further amendment,
the House indefinitely postponed further consideration by a vote of 42 yeas to 38
nays, with Lincoln voting nay.
Illinois House Journal. 1838. 11th G. A., 1st sess., 87, 116, 239, 273, 279-80, 302-303, 326.
3On January 29, 1839, the House of Representatives substituted the original bill text
with this text.
Had it become law, this bill would have further amended the 1827 law governing justices
of the peace and constables.
Illinois House Journal. 1838. 11th G. A., 1st sess., 302; “An Act concerning Justices of the Peace and
Constables,” 1 June 1827, Revised Laws of Illinois (1833), 386-401.
Handwritten Document, 2 page(s), Lincolniana, HB 30, GA Session: 11-1 Illinois State Archives (Springfield, IL).