Collected Works of Abraham Lincoln. Volume 1.
Lincoln, Abraham, 1809-1865.

Bill Introduced in Illinois Legislature
in Relation to Taking of Depositions and in Relation to Menard and Logan Counties [1]

[January 28-30, 1840]

A bill for an act relative to the taking of depositions, and to the Collector of Menard county.

Be it enacted by the People of the State of Illinois represented in the General Assembly. That hereafter in any suit at law or in Equity wherein the defendant or defendants shall reside without the limits of this state, or shall have gone without the limits of thisPage  199 state with the intention of removing himself or themselves, or his or their personal property and effects without the limits of the same, and shall have no attorney known to the plaintiff or complainant within the limits of this state, it shall be lawful for the plaintiff or complainant in such suit to take depositions to be used in the same, in the same manner, as is now provided by law, excepting that the notice now required by law to be served on such defendant or defendants shall not be required to be given; Provided that in every such case the plaintiff or complainant shall, before taking such depositions, file with the clerk of the court wherein such suit shall be depending the affidavit of himself or some other credible person, stating that he verrily believes that said defendant or defendants resides without the limits of this state, or has gone beyond the limits of this state with the intention of removing himself, or his personal property or effects beyond the limits of the same, and has no known attorney residing in this state

Sec: 2nd. That the Collector of Menard county be authorized to collect all taxes now due for the year 1839 1839 [sic] from the inhabitants of, or on real estate situated within that portion of Sangamon county, which lies within the following boundaries, towit: Begining at the South West corner of Section Three in Township Seventeen North of Range Six West, thence North four miles by the surveys; thence East ten miles by the surveys; thence South two miles by the surveys; thence West nine miles by the surveys; thence South two miles by the surveys; thence West one mile by the surveys to the begining. [2]

Sec. 3rd. That said collection shall be made in accordance with the assessment heretofore made under the authority of Menard county; and said collector shall pay over the state revenue collected in said district to the state as in other cases; and shall pay one half colle[c]ted therefrom, for county purposes into the county Treasury of Sangamon county, and the other half, into the county Treasury of Menard county.


[1]   AD, I-Ar. This bill was a revision of the bill introduced by Lincoln on December 10, 1839 (vide supra). In addition to the portion of the revised bill given here as written by Lincoln, other amendments, not Lincoln's, were adopted. Lincoln's amendment of the title, after the bill's passage on January 30, was adopted as follows: ``An act in relation to taking depositions, and in relation to Menard and Logan counties.'' The original document has the first two sentences marked for deletion.

[2]   Section two of the present bill constituted the original bill introduced on December 10, 1839.