All cases continued over. Powers courts. Certificate. SEC. 4. This act shall be construed to continue over to the circuit courts created by this act, all cases, suits, writs, recognizances, process and proceedings of every description and kind, pending at the passage of this act, in the circuit courts hereby repealed, with full power and authority in the courts so created to proceed, to hear and determine, and have cognizance of all such causes, suits, writs, recognizances, of process and proceedings in the same manner the said repealed circuit courts could have done had no change in said courts taken place; all writs, process and recognizances, which shall be issued or taken, returnable to or for appearance in the circuit courts of this State, before the statutes passed at the present session of the General Assembly shall be printed, shall be considered returnable to and for appearance in the courts created by this act. WM. L. D. EWING, Speaker of the House of Representatives. Speaker of the Senate. This bill having been returned by the Council of Revision with objections thereto, and after reconsideration, having passed both houses by the constitutional majority, it has become a law, this tenth day of February, one thousand eight hundred and forty-one. WM. L. D. EWING, Speaker of the House of Representatives. Speaker of the Senate. In force Feb. 17, 1841. Additional An ACT authorizing an additional justice of the peace and constable in the town of Florence in Pike county. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That one justice of the justice and peace and one constable, in addition to the number now allowed by law, shall be elected in Blue River precinct in Pike county, which justice and constable so elected shall reside in the town of Florence in said precinct. constable. be held. SEC. 2. The county commissioners' court of Pike county An election to are hereby required to cause an election to be held on the first Monday of April next, or as soon thereafter as practicable, and at each quadrennial election thereafter, for one justice of the peace and one constable in said precinct in addition to those now allowed by law. The justice of the peace Term of office and constable so elected, shall hold their offices until the next general election for justices of the peace, and until their successors shall be elected and qualified as in other cases, and the justice of the peace and constable so elected shall have the same jurisdiction, and be governed in all respects by the Jurisdiction. same regulations as other justices of the peace and constables. Approved, February 17, 1841. An ACT to legalize the acts of Samuel C. McClure as probate justice of the peace of Ogle county. WHEREAS, Samuel C. McClure was elected a probate justice of the peace for the county of Ogle in August, one thousand eight hundred and thirty-seven, and continued to exercise and perform the duties of the said office for said county until the organization of the county of Lee, one thousand eight hundred and thirty-nine, and the said McClure's bond, as filed in the office of the county commissioners' clerk according to law in such cases made and provided, has been lost and not recorded, and not having at all times held his courts at the seat of justice for said county in consequence of the place for holding the circuit courts for said county being emoved from Dixon, the place of residence of said McClure, to Oregon city. Now therefore, In force, Feb. 18, 1841. Preamble SEC. 1. Be it enacted by the People of the State of Illinois, Acts declared represented in the General Assembly, That all and singular legal. the acts of said Samuel C. McClure as such probate justice of the peace, be, and they are hereby declared as legal and binding to all intents and purposes, either at law or equity, as if the said Samuel C. McClure's bond had been recorded, and his courts held at the city of Oregon, as the law required. This act to be in force from and after its passage. Approved, February 18, 1841. In force, Feb. 24, 1841. trict. An ACT creating a justices' and constables' district in White county. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all that district or tract of land included within the following bounds shall compose a justices' and constables' district in the county of White, Justices dia viz: commencing on the Big Wabash river with the present precinct line dividing Grayville and Fox river precincts, thence west with said line to the east boundary of range ten, east of the third principal meridian, thence south with said. line to the sandy slough, thence east to the Wabash river, thence up said river to the place of beginning; to be called and known as Wabash precinct, in said county of White. SEC. 2. The county commissioners' court of the county of Additional White are hereby authorized and required to cause an elecjustice tion to be held on or before the first Monday of August next, constable. and each quadrennial election thereafter, for one justice of the and peace and one constable in said district. Approved, February 24, 1841. In force Feb. 20, 1841. Additional justice. An ACT creating an additional justice of the peace and constable in SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the county commissioners' court of the county of Knox, are hereby authorized and required to cause an election to be held on the first Monday of April, A. D. one thousand eight hundred and fortyone, or as soon thereafter as may [be,] and at each quadrennial election thereafter, in Cherry Grove precinct in said county of Knox, for an additional justice of the peace and constable in said district, the officers elected shall hold their offices until the next regular election for justice of the peace and constables, at which time their successors shall be elected as in other Term of office cases, and the persons so elected shall have and exercise the same jurisdiction, hold their offices by the same tenure, and be under the same regulations in all respects, as other justices of the peace and constables in this State. Residence of office. SEC. 2. The additional justice of the peace and constable hereby provided to be elected, shall reside within the limits of the town of Abbington, Knox county. Approved, February 20, 1841. In force, Feb. 26, 1841. Penalty. Constable execution. An ACT to amend the several acts in relation to Constables. SEC. 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 thousand dollars. SEC. 2. Any constable to whom an execution shall have may collect been delivered, and 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 authorized to proceed in all matters relating to said execution, and 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 and sureties, shall be liable for any neglect of duty, and for all monies collected upon such executions in the same manner, and to the same extent they would have been if the term of office of such constable had not have expired. SEC. 3. On the return of all executions, the constable shall Fees paid to pay over to the justice of the peace who issued the same, all justice. 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 witness' fees in his hands, 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 and behalf of the county commissioners' court. Action gainst consta SEC. 4. If any constable shall fail or neglect to return any execution within ten days after the return day thereof, the le party, in whose favor the sarie was issued, may maintain an action against the constable and his sureties before a justice of the peace, and recover the amount thereof with interest from the date of the judgment upon which said execution issued. stable's bonds SEC. 5. Suits may be maintained and instituted upon con- Suits on constable's 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. Approved, February 26, 1841. An ACT requiring the county commissioners' court of Edgar county to establish an additional election precinct in said county; and An ACT supplemental to an act to extend the Charleston and Darwin Turnpike from Charleston to Springfield. In force Feb. 27, 1841. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the county commis- Additional sioners' court of Edgar county be, and they are hereby requir precinct. ed to establish an election precinct in the Embarrass Point, in said county, and designate at what house elections shall be held at, and also appoint three judges to preside over the elections at said precinct according to law. This act to take effect from and after its passage. portion of ex SEC. 2. Be it further enacted, That the act, entitled "An Christian and act to extend the Charleston and Darwin turnpike from Shelby to pay Charleston to Springfield, shall be so construed as to require pense. the counties of Christian and Shelby to pay a portion of the expenses of creating said road in proportion, as the distance. is that said road passes through those counties, to the whole length of said road from Charleston in Coles county to Spring field in Sangamon county. SEC. 3. The amount of said expense to be certified by Amount, how the commissioners appointed to locate the same, and upon the certified. presentation of such certificate to the county commissioners' courts of Christian and Shelby counties. Payment of expense. Proviso. SEC. 4. It shall be the duty of said courts to issue orders to the treasurers of their respective counties, for the payment of the amount so certified, to such persons, and in such amounts as the commissioners appointed to locate said roads may certify the same to be due; Provided, also, That so much of the act referred to as provides for the appointment of Elisha Linder as commissioner, be, and the same is hereby repealed. Approved, February 27, 1841. In force, Feb. 27, 1841. Additional precinct. In force, Mar. 1, 1841. An ACT creating an additional precinct in Johnson county. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the county commissioners' court of Johnson county shall have power to create an additional justice's precinct in said county, which district shall embrace townships fourteen and fifteen, south of range three, east of the third principal meridian. The election for two justices and two constables shall take place at such time and place as the county commissioners' court of Johnson county shall direct, and be governed in all other respects as elections for justices of the peace and constables are now regulated by law, and shall perform their duties, and be commissioned accordingly. This act to take effect from and after its passage. Approved, February 27, 1841. An ACT to amend an act, entitled "An act to regulate tavern and grocery licenses." SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the eighth section of the act to which this is an amendment, and the one hundred Acts repealed and twenty-ninth section of the act relating to criminal jurisprudence, be, and the same are hereby repealed. Grocery defined. Penalties. SEC. 2. Hereafter a grocery shall be deemed to include all houses and places where any spirituous or vinous liquor is retailed by a less quantity than one quart. SEC. 3. Every person who shall not have a legal license to keep a grocery, who shall barter, exchange, or sell any vinous or spirituous liquor, by a less quantity than one quart, shall be subject to indictment, and on conviction fined for every offence ten dollars. This act to be published immediately upon its passage in the paper published by the public printer, and take effect from and after the first day of March next. Approved, February 17, 1841. |