In force, Mar.[March] 2, 1839.
AN ACT for the relief of John Winstanly and Hugh Duffy.
1Commissioner to pay $3,000.
Proviso.
Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the Commissioner of the second judicial circuit is hereby authorized and required to pay, out of the internal improvement fund appropriated
to the Western mail route, to John Winstanly and
<Page 2>
Hugh Duffy the sum of three thousand dollars; and that the acceptance of the same shall be bar to any cause of action, at law or
equity, which may have existed upon contracts numbered four and six, which were entered
into by said Winstanly and Duffy, of the one part, and the people of the State of Illinois, by their Commissioner, of the second part: Provided, That said payment shall be made out of the special appropriation made for the American bottom division of the said work.2Payment conditional.
Proviso.
Sec. 2. The appropriation made by the foregoing section shall be paid upon condition that
the Board of Public Works shall, upon an examination of the accounts, and all matters
connected with the same, be satisfied that the claimants are entitled to the sum claimed
upon the principles of equity and justice; and if the said Board shall be satisfied,
from an examination as aforesaid, that said claimants are entitled to any pay from
the State, the Board shall pay the same; Provided the amount paid shall not exceed the sum herein appropriated.3
Approved, March 2, 1839.
1Vital Jarrot presented a petition from John Winstantly and Hugh Duffy to the House of Representatives on January 3, 1839, and the House referred it to the Committee on Claims. Harmon Alexander introduced HB 293 on February 14. The House voted against referring it to the Committee on the Judicary
on February 15 and passed an amendment adding the final proviso to the 1st section
before voting to send it to a third reading by a vote of 46 yeas and 36 nays, Abraham Lincoln voting yea. The House passed the bill on February 23. The Senate laid the bill on the table on February 28. The Senate passed an amendment later
that day adding the 2nd section and passed the bill. The House passed the amended
bill on March 1. The Council of Revision approved the bill the next day and the act became law.
Journal of the House of Representatives of the Eleventh General Assembly (Vandalia, IL: William Walters, 1838), 163, ; Journal of the Senate of the Eleventh General Assembly (Vandalia, IL: William Walters, 1838), .
2The House of Representatives passed an amendment on February 15, 1839, adding the final proviso to the 1st section.
Journal of the House of Representatives of the Eleventh General Assembly (Vandalia, IL: William Walters, 1838), 409.
3The Senate passed an amendment adding the 2nd section on February 28.
Journal of the Senate of the Eleventh General Assembly (Vandalia, IL: William Walters, 1838), 456.
Printed Document, 2 page(s), Laws of the State of Illinois, Passed by the Eleventh General Assembly (Vandalia, IL: William Walters, 1839), 236-37, GA Session: 11-1,