Papers Of Abraham Lincoln

Amend said Bill by striking out all after the words “to wit,” in the first section, and inserting the following, to-wit:—

1st. 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.

2d. 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, on, for, or about the building or contemplated building of the Sangamon Bridge

3d. That such plaintiff be required to prove that he, she 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.

Sec. [Section] 2d. 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.

Sec. 3^d The same rules of proceeding shall be observed on such trials as in other cases; and if the plaintiff shall recover judgment, the County Commissioners shall

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order the payment of the same, as directed in the first section of this act.

Sec. 4th. 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.

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concur’d[concurred] in
Jan[January] 14/41

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N^o31 House

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A Bill for an act for the relief of the Creditors of the late William Wernwag

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2

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Co.[Committee]

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3

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as amended

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H. refused con[to concur]1

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Senate receded from its amendments

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Engrossed

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passed

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30

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passed

1On February 4, 1841, the Senate had passed HB 71 with the following additional section: “Provided however, should any person or persons commence suit against said county of Sangamon, and fail to prosecute his or their suit, or should fail to obtain judgment against said county of Sangamon, such person or persons shall be liable for all costs and damages, including the fees of attorneys employed by said county of Sangamon, and shall pay to each county commissioner of Sangamon the sum of two dollars per day for their attendance at court, while defending any suit or suits commenced against the said county of Sangamon, which amount shall be taxed with other costs of suit...No action shall be sustained by virtue of this act against the county of Sangamon, unless the person or persons so sueing shall prove that the promise to pay was made by the county commissioners as a court and while in session, and that such promise was entered upon record; which was agreed to.”
Illinois Senate Journal. 1840. 12th G.A., 2nd sess., 240-41.