Papers Of Abraham Lincoln

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Sec[Section] 1 Be it enacted by the people of the State of Illinois represented in the general Assembly, That Justices of the peace shall hereafter have jurisdiction in all actions of Trespass on personal property, and in all actions of Trover and Conversion2 when the damages claimed in any of the above specified actions shall not exceed fifty dollars.3

Sec 2 Hereafter it shall not be lawful for any plaintiff to sue a defendant out of the district where the latter resides, or may be found, except in cases where the debt, Contract, or cause of action acrued in the district of the plaintiff, or where the contract may specifically been made payable.4

Sec 3 Whenever a vacancy shall happen in the office of Constables in any district in this State, it shall be the duty of the Clerk of the County Commissioners Court of such County, to issue an order of election to fill such vacancy.5

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02/27/1837
Prickett, David (Pricket)

Passed H. R. Feb. 27^th 1837.
D. Prickett clk.[clerk] H. R.

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45

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H .R. No 403

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An act amending an act entitled “an act supplemental to the act entitled “an act Concerning Justices of the Peace and Constables” passed February 3^d 1827

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[03]/[01]/[1837]
Not to 2^d Rg[Reading]

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[03]/[02]/[1837]
Prickett, David (Pricket)

Senate did not read a second time
clk H R

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[02]/[24]/[1837]
Engrossed

1Albert G. Leary introduced HB 76 in the House of Representatives on January 5, 1837. On January 20, the House referred the bill to a select committee. The select committee reported back the bill on January 30 with three amendments. Dividing the question, the House approved the first amendment, which amended the first section by adding after the word “conversion,” the words, “ and all actions on the case.” The House approved the second amendment, which added a second section, by a vote of 56 yeas to 19 nays with Abraham Lincoln voting yea. The House also approved the third amendment, which added a third section. The House then referred the bill as amended to the Committee on the Judiciary. The Committee on the Judiciary reported back the bill on which reported back on February 24 with an amendment, in which the House concurred. , recommending the bill’s rejection. The House passed the bill as amended on February 27. On March 1, the Senate declined to read the bill a second time.
Illinois House Journal. 1836. 10th G. A., 1st sess., 178, 314-15, 422-23, 693, 731, 796; Illinois Senate Journal. 1836. 10th G. A., 1st sess., 573.

2On January 30, the House of Representatives amended this section by adding after the word “conversion” the words,“and all actions on the case.” On February 24, the House removed this language.
Illinois House Journal. 1836. 10th G. A., 1st sess., 422, 693.

3The act which HB 76 was to amend gave justices of the peace jurisdiction when the damages claimed did not exceed twenty dollars.
“An Act Supplement to the Act Entitled ‘An Act concerning Justices of the Peace and Constables,’ Passed February 3, 1827,” 12 February 1837, The Revised Code of Laws, of Illinois (1827), 274.

4On January 30, the House of Representatives added the second section.
Illinois House Journal. 1836. 10th G. A., 1st sess., 422-23.

5On January 30, the House of Representatives added the third section. The General Assembly had already made provision for filling vacancies happening the offices of justices of the peace and constables with a law enacted in 1826.
Illinois House Journal. 1836. 10th G. A., 1st sess., 423; “An Act to Provide for the Election of Justices of the Peace and Constables,” 30 December 1826,The Revised Code of Laws, of Illinois, 256, 258.