Papers Of Abraham Lincoln

In force Feb.[February] 13, 1835.

AN ACT to extend the Jurisdiction of Justices of the Peace in certain cases therein named.
1

Officers refusing to pay over moneys, how proceeded against.

Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That if any Sheriff, Coroner or other officer, shall fail, on demand made by the complainant, his executors, administrators or lawful attorney, to pay over any money collected by virtue of any execution, process or fee bill, not exceeding one hundred dollars, it shall be lawful for the party so aggrieved, or by his lawful attorney, to commence an action against such Sheriff, Coroner or other officer, and his securities, by sum-

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mons before any Justice of the Peace, and if upon hearing the case, it shall appear to such Justice of the Peace, that money has been collected upon such execution, process or fee bill, and not paid over to the party entitled to the same, on demand made as aforesaid; and if it shall appear further, that the defendant or defendants sued with the Sheriff or other officer, are his securities, by the production of the original bond or a certified copy thereof, of the Sheriff, Coroner or other officer, under the hand and seal of the Clerk of the county commissioners’ court, the said Justice shall proceed to render judgment against said defendants for the amount so received by said Sheriff or other officer, belonging to the plaintiff, with ten per cent. interest thereon.2

Execution to issue forthwith.

Acts repealed.

Sec. 2. And upon rendition of such judgment, execution, when application is made by the plaintiff, or his or her agent or attorney, shall issue forthwith against such Sheriff or other officer and his securities, as in other cases, subject, however, to be appealed by either party, under the same rules and regulations as is provided for in other cases of judgments of Justices of the Peace. All acts and parts of acts coming within the meaning and purview of this act, are hereby repealed.

Approved, Feb. 13, 1835.

1Thomas B. Trower introduced HB 126 in the House of Representatives on January 17, 1835. The House referred it to a select committee. On January 21, the select committee reported back the bill with an amendment, in which the House concurred. The House passed the bill as amended on January 22. On January 27, the Senate referred the bill to the Committee on the Judiciary. On February 10, the Committee on the Judiciary reported back the bill with an amendment, in which the Senate concurred. The Senate passed the bill as amended on February 11. On February 12, the House amended the Senate amendment by a vote of 22 yeas to 14 nays, with Abraham Lincoln voting yea. The House again amended the amendment by a vote of 34 yeas to 11 nays, with Lincoln again voting yea. The House concurred in the Senate amendment as amended by a vote of 28 yeas to 17 nays, with Lincoln voting yea. The Senate did not concur in the House amendments. The House receded from their amendments to the Senate amendment on February 13. The Council of Revision approved the bill, and the act became law.
Illinois House Journal. 1835. 9th G. A., 1st sess., 235, 318, 340-41, 353, 539, 541-43, 562, 564, 571, 573; Illinois Senate Journal. 1835. 9th G. A., 1st sess., 313, 346, 475, 495, 506, 518, 526, 531.

2This law replaced section 45 of the 1827 law regulating the jurisdiction of justices of the peace and section 14 of the 1827 law defining the duties of sheriffs and coroners, both of which gave jurisdiction in these matters to the county circuit courts. In January 1836, the House of Representatives passed a bill supplementing the first section of this act, but the Senate took no action.
“An Act concerning Justices of the Peace and Constables,” 3 February 1827, “An Act concerning Sheriffs and Coroners,” 12 February 1827, both in The Revised Code of Laws of Illinois (1827), 270-71, 374-75.