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Sec.[Section] 1st. Be it enacted by the people of the State of Illinois represented in the General Assembly
That any person who now is or who hereafter may become security, for any Sheriff or
Coroner, shall have the power of releasing himself from said security ship, by filing
with the Clerk of the Circuit Court, a notice that he is unwilling longer to be security
for said Sheriff or Coroner, And every person who now is or who hereafter may become
security for any Justice of the Peace, Probate Justice of the Peace[,] or Constable, may in like manner become released by filing with the Clerk of the
County Commissioners Court a like notice.
Sec. 2nd. When any notice shall be filed as aforesaid with the Clerk of the Circuit Court
he shall immediately give notice thereof to the Sheriff or Coroner as the case may
be, who shall thereupon file other security to be approved by the Circuit Court if
the same shall then be in session, or if a session thereof be commenced within ten
days after said notice shall have been given, But if said Court be not in session
nor a session thereof be commenced within ten days, ^then said Sheriff or Coroner shall within ^ten days^
^ file said bond with the Clerk of said
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Court which Clerk shall in that case judge of the sufficiency of said bond, subject
however to the decision ^of the ^ Judge of the Circuit ^Court^ as in other cases.
Sec. 3. When any notice shall be filed with the Clerk of the County Commissioners Court
as aforesaid he shall in like manner give notice to the Justice, Probate Justice[,] or Constable as the case may be, who shall within ten days thereafter file another
bond to be approved by said Clerk.
Sec. 4. If said Sheriff, Coroner, Justice[,] Probate Justice[,] or Constable as the case may be, shall not in the time and manner aforesaid file
bond to be approved as aforesaid then said office shall become vacant and an election
shall be held to fill the same.
Sec. 5. From the date of filing said bond or if none be filed, then from the termination
of said ten days, such security shall be released from all liability after that time
accruing or to accrue on account of their said securityship.
Sec. 6. If any Sheriff, Coroner, Justice of the Peace, Probate Justice[,] or Constable shall
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embezzle or appropriate to their own use any money which may be paid to them by virtue
of their offices, they shall be liable to be indicted therefor and on conviction thereof
the Court shall pass Judgment, that the office held by such officer shall be vacated
and a new election shall be held to fill the vacancy thereby created.
^4 adl secns[additional section]
^
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No 38
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[01]/[03]/[1840]
[01]/[03]/[1840]
Engrossed
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[01]/[13]/[1840]
[01]/[13]/[1840]
refd to Sel. Com.
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[01]/[17]/[1840]
[01]/[17]/[1840]
ord[ordered] to be re-Engrossed
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48
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1Moses Harlan introduced HB 43 in the House of Representatives on December 19, 1839. Representatives offered amendments, and the House referred
the bill and proposed amendments to the Committee on the Judiciary. On December 26,
the Committee on the Judiciary reported back the bill with amendments, in which the
House concurred. On January 13, 1840, the House refused to table the bill until July
4, by a vote of 36 yeas to 42 nays, with Abraham Lincoln voting nay. The House referred the bill to a select committee with instructions.
The select committee reported back the bill on January 17 with amendments, in which
the House concurred. On January 27, the House amended the ninth section and passed
the bill as amended. On January 30, the Senate referred the bill to the Committee on the Judiciary. The Committee on the Judiciary
reported back the bill on January 31 with amendments, in which the Senate concurred.
The Senate passed the bill as amended. On February 1, the House amended the Senate
amendments by adding an additional section. The House rejected a proposed substitute,
concurring in the Senate amendments as amended. The Senate concurred in the House
amendments on the same day. The House submitted the bill to the Council of Revision, but on February 3 the Council vetoed the bill and returned it to the House with
objections. The House took no further action.
Illinois House Journal. 1839. 11th G. A., special sess., 64, 85, 122, 162, 194, 222, 261, 309, 322-23, 328,
338-39; Illinois Senate Journal. 1839. 11th G. A., special sess., 189, 213, 218, 235, 239.
2On February 1, 1840, the House of Representatives amended the bill by adding an additional section that does not appear in the engrossed
bill.
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), 323.
Handwritten Document, 6 page(s), Folder 42, HB 43, GA Session 11-S, Illinois State Archives (Springfield, IL) ,