Papers Of Abraham Lincoln

In force Feb.[February] 13, 1835.

AN ACT supplemental to an act to provide for the Election of County Recorders and Surveyors.
1

County recorders heretofore appointed, to continue in office until their successors are qualified.

Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly,2 That the recorders appointed to office by and under the provisions of an act, entitled “An act relating to the office of recorder,” approved January 8th, 1829, shall be and remain in office and perform and discharge all the duties required of them by law, until their successors shall be duly chosen and qualified to office by and under the provisions of the act to which this is a supplement.3

Surveyors.

Sec. 2. That the surveyors appointed to office by and under the provisions of “An act regulating the appointment and duties of county surveyors,” approved, January 14th, 1829, shall be and remain in office and perform and discharge all the duties required of them by law, until their successors shall be duly chosen and qualified to office by

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and under the provisions of the act to which this is a supplement.4

Contested elections.

Sec. 3. That in case of a contested election between any two or more persons, who shall have been voted for, for the office of county recorder or of county surveyor, a commission shall not issue to such person until such contest shall have been duly decided according to the provisions of the law in force relative to elections.

Offices vacated.

Sec. 4. That the act to which this is a supplement, shall be construed to vacate the office of all recorders and surveyors, as well as those appointed under the act of the 19th February, 1819, as those under the act of January 8th, 1829, subject, however, to the continuance in office, as is provided in and by the first and second sections of this act.5

Recorders superseded in office, to be paid for books.

Sec. 5. That the county commissioners of each county in this State, shall provide for the payment to each of the several recorders who shall be superseded in office under the act to which this is a supplement, a reasonable compensation for books used as record books in his office.

This act to be in force from and after its passage.

Approved, Feb. 13, 1835.

1William J. Gatewood introduced SB 52, originally titled “A Bill to Repeal All Laws Authorizing the Taxing and Collecting of the Docket Fee in Any Case Either at Law or in Chancery,” in the Senate on January 7, 1835. The Senate passed the bill on January 9. On January 13, the House of Representatives referred the bill to a select committee. On February 10, the select committee reported back the bill with a substitute. The House concurred in the substitute bill and amended the title so as to read “A Bill Supplemental to the Act to Provide for the Election of County Recorders and Surveyors.” On February 11, the Senate concurred with the House substitute and amended title. On February 13, the Council of Revision approved the bill and the act became law.
Illinois House Journal. 1835. 9th G. A., 1st sess., 263, 272, 288, 515, 539, 548; Illinois Senate Journal. 1835. 9th G. A., 1st sess., 197, 207, 487, 493, 499, 509, 528.

2On February 10, 1835, the House of Representatives replaced the bill with a substitute. The substitute bill passed the House, and the Senate concurred.
Illinois House Journal. 1835. 9th G. A., 1st sess., 515; Illinois Senate Journal. 1835. 9th G. A., 1st sess., 499.

3The act mentioned in this section authorized the Governor to appoint a recorder for each county, but did not specify the length of tenure for those appointments.
“An Act relating to the Office of Recorder,” 8 January 1829, Revised Code of Laws (1829), 116-18.

4The act mentioned in this section authorized the General Assembly to nominate and the Governor to commission, a surveyor for each county, and specified that each appointee would hold his position until the end of the succeeding General Assembly.
“An Act Regulating the Appointment and Duties of County Surveyors,” 14 January 1829, Revised Code of Laws (1829), 172-74.

5In 1819 and 1829, the General Assembly passed laws that gave the General Assembly and the Governor the power to appoint county recorders and surveyors. On February 11, 1835, the General Assembly passed an act that made these offices elective.
“An Act Establishing the Recorder’s Office, and for Other Purposes,” 19 February 1819, Laws Passed by the First General Assembly of the State of Illinois (1819), 18-22; “An Act relating to the Office of Recorder,” 8 January 1829, Revised Code of Laws (1829), 116-18.