1 Be it enacted by the People of the state of Illinois represented in the General Assembly. That hereafter the amount of the penalty of the Bond of Constables shall be one
thousands dollars.
2 Any constable to whom an execution shall have been delivered, & whose term of office
shall expire before the expiration of the time within which the return of such execution
is required by law, shall be authorised to proceed in all matters relating to said
execution, & in the same manner to collect the same that he might have done, had the
term of office of such constable not have expired. And the Constable & his sureties
shall be liable for any neglect of duty, & for all monies collected upon such executions
in the same manner & to the same extent they would have been if the term of office
of such constable had not have expired.
3 On the return of all executions, the Constable shall pay over to the Justice of
the Peace who issued the same all money not previously paid over to the Plaintiff
and also all witness fees which remain unpaid to any witness. And it shall be the
duty of the Justice of the Peace to post up in his office ^at least once in three months^ a list of all Jury witness fees in his hands. An and the ^name of the^ person to whom they belong. And ^ for a^ failure to comply with this provision a justice of the Peace shall be liable to
a fine of fifty dollars to be recovered by action of debt, in the name & behalf of
the County Commissioners Court of the [County?]
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4 If any constable shall fail or neglect to return any execution within ten days
after the return day thereof, the Party in whose favor the same was issued may maintain
an action against the Constable and his sureties before a justice of the Peace, &
recover the amount thereof with interest from the date of the judgment upon which
said execution issued.
5 Suits may be maintained & instituted upon Constables Bonds, against the Constable
and his sureties, or against the sureties alone without first establishing the liability
of the Constable by obtaining judgment against him alone. And suits may be brought under this section either before justices of the Peace,
or in the Circuit Courts.
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[ docketing
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A Bill for an act to amend the several acts in relation to Constables.
[ docketing
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[01]/[23]/[1841]
[01]/[23]/[1841]
ord. Eng.[ordered Engrossed]
[ docketing
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10
Handwritten Document, 4 page(s), Folder 85, HB 129, GA Session 12-2,
Illinois State Archives (Springfield, IL) ,