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 Constables shall hereafter be allowed the same mileage for carrying each person to jail in civil cases that is now allowed to constables for Serving summons. the mileage to be computed from the place where the person shall be apprehended, to the county jail. Said mileage may be recovered from the plaintiff if it cannot be made out of the property of the defendant, to be collected as other costs.2

Sec 2. Plaintiffs in execution, shall hereafter be bound to pay all fees to sheriffs and jailers for keeping and providing for persons confined in jail on civil process, which fees, if not paid on demand may be recovered by action of assumpsit in any court having jurisdiction of the amount.

Sec 3. That hereafter there shall be allowed to each county Commissioner infull for his services, for each days attendance in holding Courts, the sum of two dollars3 to be paid on the certificate of the clerk, out of any money in the treasury of the county not otherwise appropriated. so much of the sixth section of the act to which this is an amendment as relates to the fees of county Commissioners is hereby repealed.4

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01/23/1837
Thomas Jr., Jesse B.

Passed the Senate Jany’ 23^d 1837
J B Thomas Jr
Sec’y[Secretary] Senate.

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No 94

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Senate
A Bill entitled An act to amend “An act regulating the Sallaries, fees, and compensation of the several officers and persons therein mentioned” approved February 19^th 1827.

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[01]/[19]/[1837]
2

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[01]/[23]/[1837]
3

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[01]/[19]/[1837]
Engrossed.

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a

1William Weatherford introduced SB 92 in the Senate on January 18, 1837. On January 19, the Senate referred the bill to a select committee. The select committee reported back the bill on January 21 with an amendment, in which the Senate concurred by a vote of 27 yeas to 10 nays. The Senate passed the bill as amended on January 23. On February 24, the House of Representatives considered a motion to amend the third section by striking out “two dollars” and inserting in lieu thereof “three dollars.” Dividing the question, the House agreed to strike out “two dollars” by a vote of 39 ayes to 36 nays, with Abraham Lincoln voting yea. The House refused to insert “three dollars” by a vote of 36 yeas to 42 nays, with Lincoln voting yea. The House then agreed to fill in the blank with “two dollars and fifty cents.” The House further amended the third section by adding the words “to each grand and petit juror, one dollar and twenty five cents per day.” The House amended the amendment by striking out the words “twenty five cents.” The House further amended the amendment by adding a provis0 by a vote of 69 yeas to 8 nays, with Lincoln voting yea. The House concurred in the amendment as amended. Representatives offered further amendments, and the House refused to table the bill and proposed amendments until July 4, 1837, by a vote of 12 yeas to 65 nays, with Lincoln voting nay. The House passed the bill as amended by a vote of 69 yeas to 10 nays, with Lincoln voting yea. The Senate took no action on the House amendments.
Illinois House Journal. 1836. 10th G. A., 1st sess., 361, 383, 659, 698-701; Illinois Senate Journal. 1836. 10th G. A., 1st sess., 245, 258, 264-65, 275, 516.

Journal of the House of Representatives of the Tenth General Assembly of the State of Illinois, at Their First Session (Vandalia, IL: William Walters, 1836), Journal of the Senate of the Tenth General Assembly of the State of Illinois, at Their First Session (Vandalia, IL: William Walters, 1836),

2Section six of the 1827 act set the fees for constables in criminal and civil cases.
“An Act regulating the Salaries, Fees and Compensation of the Several Officers and Persons Therein Mentioned,” 19 February 1827, The Revised Code of Laws, of Illinois (1827), 214.

3On February 24, 1837, the House of Representatives amended this section by striking out “two dollars” and inserting in lieu thereof “two dollars and fifty cents.” On January 21, the Senate had considered, and rejected, a similar amendment.
Illinois House Journal. 1836. 10th G. A., 1st sess., 698-99; Illinois Senate Journal. 1836. 10th G. A., 1st sess., 264.

4Section six of the 1827 act allowed county commissioners one dollar and fifty cents for each days attendance in court. On February 24, 1837, the House of Representatives amended this section by adding by adding the words,“ To each grand and petit juror, one dollar per day” and a proviso which stated: “Provided, That so much of this act as relates to the part of pay shall not extend to any county, unless the county court shall approve of the same.”
Illinois House Journal. 1836. 10th G. A., 1st sess., 699-700; “An Act regulating the Salaries, Fees and Compensation of the Several Officers and Persons Therein Mentioned,” 205.