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Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly2, That an act entitled “an act to establish and maintain a general System of Internal
Improvement, approved February 27th 1837, and all other acts amendatory and supplemental thereto, be and the same are
hereby repealed: Provided, however, that all legal contracts entered into by the state or penalties incurred under the provisions of the acts hereby repealed shall not
be affected by the passage of this act.
Sec 2 It shall be the duty of the Board of Internal Improvements to examine and settle
the accounts of the late and present Commissioners of the Board of Public Works and
for the prosecution of suits for balances, if any there be, in their or either of
their hands due to the State.3
Sec. 3. Be it further enacted that said Board of Commissioners be and are hereby authorized
to examine, supervise[,] and settle the accounts of all contractors and other persons having claims against
the State for the construction of Internal Improvements or services rendered on said Work,
or for land, timber[,] or other materials taken, used[,] or destroyed in the prosecution of the Public Works4, and to pay and allow to such persons the amount which may be found due on said settlement.
Sec. 4. Be it further enacted that said Board of Commissioners are hereby authorized
to appoint a sufficient number of competent and responsible persons whose duties it
shall be to preserve such
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parts of the Public Works as require attention from waste, decay[,] or injury; and said Board of Commissioners are authorized to allow said persons dollars per day for services rendered.
Sec. 5. Be it further enacted that said Board of Commissioners are hereby authorized
and empowered to audit and settle the accounts of the Fund Commissioners of the State
of Illinois.
Sec 6 Be ^it^ further enacted that for the preservation of the Public Works the said Board of Commissioners
are hereby authorized to appoint one Engineer and such other assistants as are indispensable
to the execution of the duties required.
Sec. 7 Be it further enacted That said Commissioners are hereby required to discharge
and dismiss from public service all Engineers and agents except as above provided,
so soon as settlements have been made with contractors and the public property placed
in a safe condition.
Sec. 8. Be it ^further^ enacted that said Board of Commissioners are hereby prohibited from allowing or paying
to any Commissioner, Contractor[,] or agent, any money upon any contract or stipulation in contracts not authorized
by law
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No 99
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A Bill for an act to abolish the Board of Public Works and suspend all action and
operation in the construction of Rail Roads.
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[01]/[27]/[1840]
[01]/[27]/[1840]
Com Jud.
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[01]/[21]/[1840]
[01]/[21]/[1840]
Engrossed
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25
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30
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[01]/[27]/[1840]
[01]/[27]/[1840]
Refd com Jud[Referred Committee Judiciary]
1Richard Murphy introduced HB 120 in the House of Representatives on January 13, 1840. Representatives offered amendments, and the House referred the
bill and proposed amendments to the Committee of the Whole and made them the special
order for the evening session. On January 16, the House tabled one of the proposed
amendments by a vote of 51 yeas to 33 nays, with Abraham Lincoln not voting. The House tabled a substitute by a vote of 48 yeas to 36 nays, with
Lincoln not voting. On January 17, the House adopted an amendment as a substitute by a vote of 59 yeas to 27 nays, with Lincoln voting nay. The House
tabled another proposed substitute by a vote of 50 yeas to 37 nays, with Lincoln
voting nay. The House tabled other proposed amendments, one offering a proviso by
a vote of 61 yeas to 27 nays, with Lincoln voting nay. The House adopted an amendment to the third section regarding land, timber, or materials used or destroyed in building
public works. The House rejected an amendment to the first section by a vote of 23
yeas to 65 nays, with Lincoln voting nay. The House ordered the bill engrossed for
a third reading by a vote of 58 yeas to 30 nays, with Lincoln voting nay. On January
27, the House referred the bill to the Committee on the Judiciary. The Committee
on the Judiciary reported back the bill with an amendment, in which the House concurred. The House passed the bill as amended. The House
reported the bill’s passage to the Senate, but the latter took no action.
Journal of the House of Representatives, of the Eleventh General Assembly of the State
of Illinois, at Their Called Session, Begun and Held at Springfield, December 9, 1839 (Springfield, IL: William Walters, 1839), 156, 189-91, 197-200, 222, 261; Journal of the Senate of the Eleventh General Assembly of the State of Illinois, at
Their Called Session, Begun and Held at Springfield, December 9, 1839 (Springfield, IL: William Walters, 1839), 189.
2On January 17, 1840, the House of Representatives adopted an amendment that struck out all after the enacting clause and inserted a substitute.
Journal of the House of Representatives, of the Eleventh General Assembly of the State
of Illinois, at Their Called Session, Begun and Held at Springfield, December 9, 1839 (Springfield, IL: William Walters, 1839), 190, 197.
3On January 27, 1840, the House of Representatives adopted an amendment to this section.
Journal of the House of Representatives, of the Eleventh General Assembly of the State
of Illinois, at Their Called Session, Begun and Held at Springfield, December 9, 1839 (Springfield, IL: William Walters, 1839), 261.
4On January 17, 1840, the House of Representatives adopted an amendment making provision for land, timber, and other materials.
Journal of the House of Representatives, of the Eleventh General Assembly of the State
of Illinois, at Their Called Session, Begun and Held at Springfield, December 9, 1839 (Springfield, IL: William Walters, 1839), 199.
Handwritten Document, 4 page(s), Folder 114, HB 120, GA Session 11-S, Illinois State Archives (Springfield, IL) ,