In force, Feb.[February] 21, 1839.
AN ACT to amend an act, entitled “An act for the relief of the poor.” approved March
1, 1833.
1Justices made overseers of the poor.
Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented the General Assembly, That the justices of the peace in each justice’s district, in conjunction with such
person to be appointed by the county commissioners’ court in the several counties of this State, shall be, and are hereby made, overseers of the poor, and are vested with the entire
and exclusive superintendence of the poor in their respective districts.
Persons having care of the poor, to give bond.
Sec.[Section] 2. It shall be the duty of said justices, within their respective districts, and
the person appointed as aforesaid, diligently to inquire after all such persons as
are unable to earn a livelihood in consequence of any bodily infirmity, idiocy, lunacy,
or other unavoidable cause, and to provide for them the necessary comforts of life,
by confiding the care of such poor person or persons to some moral and discreet householder
or householders in the district, of sufficient ability to provide for them. Every person to whom the care of such poor person shall be committed shall execute
a bond to the county in which said poor person shall reside, conditioned that he will
treat said poor person with humanity, and afford to him or her the necessary attention
and comforts of life fitted to his or her condition. Said bond shall set forth the
sum to be given by said county for keeping such poor person or persons.
Overseers to report to co. com’rs.
Sec. 3. Said overseers shall, at each session of the county commissioners’ court, make a full report of their actings and doings under this act, and return a list
of all the poor within their respective districts, specifying the age, sex, and infirmities
of each.
Sec. 4. Upon the making of said report, it shall be the duty of the several county commissioners’ courts to make such appropriations as will justify the person having the custody of any
poor person in affording to him or her suitable clothing, and such comforts as may
be suitable to their state and condition.
Sec. 5. Any sum set forth in the bond executed by any county as aforesaid may be lessened
or increased at the discretion of said county, without affecting, in either case,
the validity of the bond.
<Page 2>
Persons may be removed.
Sec. 6. Said county commissioners’ court may, at any regular term of said court, remove any poor person from the custody of the person or persons to whose care the
overseers may have committed the keeping of such poor person, without subjecting the
overseers, or the county, to any claim for damages.
Sec. 7. So much of the act, entitled “An act for the relief of the poor,” approved March
the first, one thousand eight hundred and thirty-three, as may be contradictory to
the provisions of this act, is hereby repealed.
Sec. 8. Said overseers, in fixing the amount to be paid for keeping any poor person,
shall take into the calculation the ability of the poor person to labor.
Poor-house.
Sec. 9. The county commissioners’ court, in each county, is hereby authorized (whenever it shall see fit so to do) to establish a poor-house.
Sec. 10. The county commissioners are hereby authorized to take to the county, by grant,
devise, or purchase, any tract of land, not exceeding six hundred and forty acres,
for the purposes of said poor-house.
Donations for poor-house.
Tax.
Sec. 11. Said county commissioners’ courts are hereby empowered to recieve donations to aid in the establishment of said poor-house, and are also empowered,
from time to time, if it shall see fit, to levy and collect a tax, not exceeding one-fourth of one per cent., on the taxable
property of the county, and to appropriate the same to the purchase of land, not exceeding
the aforesaid six hundred and forty acres, and to erect and furnish buildings suitable
to a poor-house, and to put it into operation, and to defray the annual expenses of
said poor-house, should the labors of the inmates be inadequate thereto.
Sec. 12. Said county commissioners’ courts are hereby authorized to employ such agents and other persons as may be necessary
to establish and put into operation such poor-house.
Agents of poor-house.
Proviso.
Sec. 13. Whenever any county commissioners’ court shall enter upon their records that they have established a “poor-house,” and that such poor-house is ready for the reception of the poor of the county, then
the authority conferred upon the overseers of the poor shall cease to be in force
in said county: Provided, however, if there be any particular case or cases which the court should deem prudent to put out under the provisions of this act, they may do so,
making a proper entry of the circumstance upon their records.
Title of property vested in county.
Sec. 14. The title to the property authorized to be acquired by this act, for the purpose
of said poor-house, shall be made to the county.
Act still in force.
Exception.
Sec. 15. The act, approved February thirteenth, one thousand eight hundred and thirty-five,
entitled “An act to amend the act, entitled ‘An act for the relief of the poor,’”
approved March the first, one thousand eight hundred and thirty-five,
<Page 3>
shall continue in force, except that a residence of six months shall be required, instead of twelve months.
Relations of poor not released.
Sec. 16. The provisions of this act shall not affect the liabilities imposed upon, and duties
required of, relations of poor persons, by the second and third sections of the act,
entitled, “An act for the relief of the poor,” approved March the first, one thousand
eight hundred and thirty-three.
Approved, February 21, 1839.
1On February 2, 1839, Senator William Weatherford introduced SB 177 , and the Senate referred the bill to the Committee on the Judiciary. On February 5, the Committee
on the Judiciary reported the bill without amendment and recommended its passage.
On February 7, the Senate passed the bill by a vote of 24 yeas to 12 nays. On February
18, the House of Representatives amended and passed the bill. On February 19, the Senate agreed to the House amendment.
On February 21, the Council of Revision approved the bill and the act became law.
Journal of the House of Representatives of the Eleventh General Assembly of the State
of Illinois, at Their First Session, Begun and Held in the Town of Vandalia, December
3 1838 (Vandalia, IL: William Walters, 1838), 367, 430, 453, 471; Journal of the Senate of the Eleventh General Assembly of the State of Illinois, at
Their First Session, Begun and Held in the Town of Vandalia, December 3, 1838 (Vandalia, IL: William Walters, 1838), 263, 274, 292, 347, 354, 381.
Printed Document, 3 page(s), Laws of the State of Illinois, Passed by the Eleventh General Assembly (Vandalia, IL: William Walters, 1839), 138-40, GA Session 11-1,