In force, Feb.[February] 1, 1840.
AN ACT concerning sheriffs, coroners, constables, justices of the peace, and probate
justices of the peace.
1When officers fail to pay moneys collected office to be vacated
Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever any Sheriff, Coroner, Constable, Justice of the Peace, or Probate
Justice of the Peace in this State, shall, after proper demand made, fail, neglect, or refuse, to pay over any sum or
sums of money, collected or received by such officer, in, and by virtue of his office,
his said office shall be forfeited and vacated.
When office to be forfeited and vacated
Sec. 2. Whenever in pursuance of the laws of this State, any judgment shall be had, or taken, against any sheriff, coroner, constable, justice
of the peace, or probate justice of the peace, for any failure[,] neglect[,] or refusal of such officer, to pay over any sum, or sums of money collected or received
by him, in and by virtue of his office, and it shall appear to the satisfaction of
the court, that proper demand for the same has been made, it shall be the duty of
the court, or justice of the peace, before whom such judgment is had or taken, further to adjudge and decree that the office of such officer, so failing, neglecting,
or refusing, as aforesaid, is forfeited and vacated, and such vacancy shall be filled
as in other cases of vacancy, as is now provided by law.
Approved, Feb. 1, 1840.
1On January 21, 1840, Representative Edwin B. Webb introduced HB 204 in the House of Representatives, and the House passed the bill. On January 30, the Senate passed the bill. On February 1, 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 Called Session, Begun and Held at Springfield, December 9, 1839 (Springfield, IL: William Walters, 1839),218, 300, 309, 328; Journal of the Senate of the Eleventh General Assembly of the State of Illinois, at
Their Called Session, Begun and Held in Springfield, December 9, 1839 (Springfield, IL: William Walters, 1839), 162, 212.
Printed Document, 1 page(s), Laws of the State of Illinois, Passed by the Eleventh General Assembly, at their Special Session (Springfield, IL: William Walters, 1840), 78, GA Session: 11-S,