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Sec[Section]. 1st. Be it enacted by the people of the State of Illinois Represented in the General Assembly.
That from and after the first day of August next every Constable elected shall before
he enters upon the duties of his office, execute in the the presence of the Clerk of the County Commissioners Court, of the the County for which he was elected an instrument in writing signed by himself and
one or more persons as his sureties, who shall be freeholders and Residents of said
County
To be approved by such Clerk, and the approval endorsed thereon. By which such Constable
and his sureties shall Jointly and severally agree to pay to each and every person
all sums of money, that the said Constables may become liable to pay by reason of
[?] refusing [...?] ^justly^ and [?] all monies that may [?] to his hands under a process or otherwise by virtue of his office [?] bond or instrument of writing shall remain on file in the Office of the said Clerk,
for the benefit of all persons who may become injured by the official conduct of said
Constable; and a copy of the instrument of writing aforesaid certified by the Clerk
of the County Commissioners Court of the County shall be prima facie evidence of the execution thereof.
Sec 2nd If any Constable shall fail or Neglect to return any execution within ten days after
the return day thereof the party in whose favour the same was issued, may maintain an action against the Constable and his sureties,
before the Justice who issued the same or some other Justice of the Peace and recover
the amount thereof with interest from the date of the [?] upon which said [?] was issued.
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Sec 3rd. Any Constable to whom any execution have been delivered and whose term of office
shall expire before the time within while the collection or return of execution is
required by law shall and may proceed all matters relative to said execution, in the
same manner as if the term of office of such Constable had not expired, and the Constable
and his sureties [?] or any neglect of duty, and for all monies collected upon such execution, in the
same manner and to the same extent, as if the term of office of such Constable had
not expired.
Sec 4th. On the return of all executions the Constable shall pay to the Justice, who issued
the same, all money collected by virtue thereof not previously Paid to the Plaintiff.
Sec [5?][?] against Constables [?] their sureties for the recovery of monies collected[by?] Constable by virtue of executions, if the [?] he shall be entitled to recover interest from the date of the judgment upon which
the execution was [?] or if collected upon other process from the date of such process; and execution shall
issue forthwith upon all Judgments rendered in pursuance of this act
Sec 6th All actions against Constables and their sureties shall be brought in [?] years from the expiration of the office of the Constable
Sec 7th. All acts and parts of acts coming within the perview of this act be and the same are hereby repealed.
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Sec 8th. Hereafter when any vacancy shall occur by the death resignation or removal of any
Constable, it shall be the duty of the Clerk of the County Commissioners Court to issue a writ of [action?] to fill said vacancy.
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A Bill for An act to amend An acts in relation to Constables;
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[02]/[05]/[1839]
[02]/[05]/[1839]
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[02]/[05]/[1839]
[02]/[05]/[1839]
Com Jud[Committee Judiciary]
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[01]/[19]/[1839]
[01]/[19]/[1839]
Engrossed.
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[02]/[12]/[1839]
[02]/[12]/[1839]
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1John J. Hardin introduced HB 122 in the House of Representatives on January 11, 1839. The House passed the bill on January 21. On February 5, the
Senate referred the bill to the Committee on the Judiciary. The Committee on the Judiciary
reported back the bill on February 8 with an amendment, in which the Senate concurred.
The Senate ordered the bill read a third time by a vote of 22 yeas to 16 nays. On
February 12, the Senate passed the bill as amended by a vote of 18 yeas to 14 nays.
On February 20, the House rejected the Senate amendments. On February 25, the Senate
refused to recede of its amendments to the bill. On March 2, the House appointed
a conference committee to resolved the differences between the two houses. The Senate
tabled the bill and the House’s request to form a committee on conference.
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), 196, 226, 238, 253, 393, 463, 510, 590; 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), 202, 281, 297, 317, 376, 410, 503, 504.
Handwritten Document, 4 page(s), Folder 98, HB 122, GA Session 11-1, Illinois State Archives [Springfield, IL] ,