In force, Feb. 27, 1841.
An ACT for the relief of the creditors of the late William Wernwag.
Duty of co. court.
Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the county commissioners' court of Sangamon county are hereby authorized and required to order to be paid out of the treasury of said county to each of the creditors of the late William Wernwag, such sum as may be due him, her, or them, from the said Wernwag, upon the following conditions, to-wit: First. Each creditor of said Wernwag, who may wish to avail himself of the benefit of this act, shall institute a suit in the Sangamon circuit court against the county of Sangamon, and the process in such case shall be served on each of the county commissioners of said county for the time being. Second. On the trial of each such case, the plaintiff shall prove the indebtedness of said Wernwag to him, her, or them, for work and labor done, or materials furnished, or both, or for, or about the building or contemplated building of the Sangamon bridge. Third, That such plaintiff be required to prove that he, she,
<Page 2>or they, was induced to give credit for such indebtedness to the said Wernwag by the county commissioners’ court of said Sangamon county, or by a majority of the members of said court.
Who may be witnesses.
Sec. 2. The members of the said county commissioners’ court at the time being, and all persons who have been members of said court, shall be competent witnesses for either party, on the trials of all such cases; Provided, That nothing herein shall be construed to exclude other competent witnesses.
Judgments, how paid.
Sec. 3. The same rules of proceedings shall be observed on such trials as in other cases, and if the plaintiff shall recover judgment, the county commissioners shall order the payment of the same as directed in the first section of this act.
Co. court to make defence.
Sec. 4. Said county commissioners are required to take all proper steps for the making a full defence on the part of the county in all such trials.
Approved, February 27, 1841.
Printed Document, 2 page(s), Laws of the State of Illinois, Passed by the Twelfth General Assembly (Springfield, IL: William Walters, 1841), 212-13, GA Session 12-2,