1
Sec.[Section] 1 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 the Security of any Sheriff
or Coroner, shall have the power of releasing himself from such securityship 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 any person who now is or hereafter may become security for any Justice of the
peace, Probate Justice of the peace, constable, School commissioner[,] or collector of State and county Revenue ^,^ may in like manner become released by filing with the Clerk of the county Commissioners court a like notice.
Sec 2 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 the said
Sheriff or Coroner, shall
<Page 2>
within ten days file said bond with the Clerk of said court, which clerk shall in that case judge of the sufficiency of said bond, subject however
to the dicision 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,
Constable, School commissioner[,] or collector of state and county revenue as the case may be, who shall within ten
days thereafter file an other bond to be approved by said Clerk.
Sec 4. If said Sheriff, coroner, Justice, Probate Justice, Constable, School commissioner,
or collector of State and county revenue as the case may be, shall not in the time
and manner aforesaid file bond to be approved as aforesaid, the said office shall
become vacant, and the said vacancy shall be filled as required by law.
Sec 5. If a new bond shall be given by any officer as prescribed in the foregoing sections
of this act, then the former surities shall be entirely released, and discharged from all liabilities incured by any such officer in consequence of business which may have come to hand from and
after the. . .
<Page 3>
<Page 4>
[ docketing
]
No 42
[ docketing
]
Senate
A Bill for an act for the relief of certain Securities therein named as amended
A Bill for an act for the relief of certain Securities therein named as amended
[ docketing
]
[01]/[21]/[1841]
[01]/[21]/[1841]
Judiciary
[ docketing
]
[01]/[06]/[1841]
[01]/[06]/[1841]
Engrossed
[ docketing
]
19
[ docketing
]
10
[ docketing
]
7
1John Hamlin introduced SB 53 in the Senate on December 17, 1840. On December 21, the Senate referred the bill to the Committee
on the Judiciary. The Committee on the Judiciary reported back the bill on January
6, 1841, recommending its rejection. The Senate rejected this recommendation, passing
the bill on January 11 by a vote of 23 yeas to 11 nays. On January 21, the House of Representatives referred the bill and proposed amendments to the Committee on the Judiciary. The
Committee on the Judiciary reported back the bill on January 30 with amendments, in
which the House concurred. On February 12, the House passed the bill as amended by
a vote of 61 yeas to 21 nays, with Abraham Lincoln voting nay. The Senate concurred with the House amendments on February 26. The Senate
and House having laid the bill before the Council of Revision, and ten days not having intervened before the adjournment of the second session
of the Twelfth General Assembly, and the Council not having returned the bill with
objections on December 5, 1842, the first day Thirteenth General Assembly, the act
became law.
Illinois House Journal. 1840. 12th G. A., 259, 301, 377; Illinois Senate Journal. 1840. 12th G. A., 87, 101, 141, 153, 420, 432;
Laws of the State of Illinois (1843), 222-24.
Handwritten Document, 4 page(s), Folder 255, SB 53, GA Session 12-2,
Illinois State Archives (Springfield, IL) ,