Papers Of Abraham Lincoln

In force, Feb.[February] 1, 1840.

AN ACT to amend “An act concerning Justices of the Peace and Constables,” approved February 3, 1827.
1

Sec. 28 of act repealed

Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That so much of the twenty-eighth section of an act, entitled “An act concerning Justices of the Peace and Constables,” approved February 3, 1827,2 as requires Clerks of the Circuit Courts to affix a certificate of magistry to an execution issued to another county is hereby repealed; and hereafter such certificate shall be affixed by Clerks of the County Commissioners’ Courts, respectively.3

Approved, February 1, 1840.

1Richard G. Murphy introduced HB 96 to the House of Representatives on January 2, 1840. A member immediately proposed an amendment and the House voted to consider its part piecemeal by a vote of 60 yeas and 25 nays, Abraham Lincoln voting yea. The House did not pass the amendment nor several subsequent ones. The House passed the bill on January 13. The Senate passed the bill on January 30. The Council of Revision approved the bill on February 1 and the act became law.
Journal of the House of Representatives (Vandalia, IL: William Walters, 1840), 115-16, 133, 160, 306, 322, 329; Journal of the Senate (Vandalia, IL: William Walters, 1840), 109, 217.

2
“An Act Concerning Justices of the Peace and Constables,” 1 June 1827, Revised Code of Laws (1827), 259-74, section 28 is on p. 267.

3On December 24, 1839, William Stadden voiced opposition to this bill, claiming it would lead to a proliferation of suits that could otherwise be consolidated. Sidney H. Little disagreed, stating Stadden’s concerns were unwarranted because creditors would be forced to pay for all suits. William J. Gatewood concurred and noted the intention of the bill was to consolidate all cases in which the demand did not exceed $100.
Illinois State Journal, 28 December 1839, 2:5.