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Sec[Section] 1st Be It enacted by the People of the State of Illinois Represented in the General assembly That, in all cases where an Execution shall be Issued by any Justice of the peace in this state directed to any constable of a different county it shall be the duty of such Constable receiving the same to proceed as in other cases, to make a levy on the personal property of the defendant in such Execution
Sec 2d Be It further enacted that it shall be the duty of any constable having an execution as aforesaid after making a levy on the property of the defendant and such Property being claimed by another person or persons to notify such person or persons that he will attend before Some Justice of the Peace of the County naming him on Some day to be designated (by him the said constable) for the purposes of having the rights of said property tryed; said Constable designating the day, and hour when such Trial of the rights of Property shall Take place Provided that said Trial shall not be defered Exceding Ten days from the time such levy may have been made.
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11 		Sec 3rd That it shall be the duty of any Justice
of the peace when notified of a Person or Persons
claiming property as aforesaid to enter such
case on his docket and to proced in all
cases, to have the right of such property tried
as if the Execution had been tried
Issued by him and in case the property may
appear to belong to the claiment the Justice
shall enter Judgment against the plaintiff
in Execution for the costs that may have
accrued on such case and on failure
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31 		of the plaintiff to pay the same the Justice
may Issue Execution directed to any Constable
of the County in which such plaintiff lives
for the amount of such costs not paid,
but in all cases when it may appear that
the property Claimed belongs to the defendant
in Execution it shall be the duty of the
Justice of the peace to enter Judgement
against the claiment of the property for
the amount of such costs as have accrued
and Execution may Issue therefore as in
other cases, provided that in no case
of the trial of the right of property
under this act, or the act to which this
is an amendment, shall the defendant
in the Execution be a competent witness
and that all appeals from Judgements on the trial of
the right of property shall be demanded on
the day of such Trial and bond entered
into before the Clerk of the circuit court
within five days from such trial, and in all cases of the trial of the right of property before Justices of the peace either party may take the case into the circuit court by writ of certiorari as provided in the act “concerning Justices of the peace and constables” approved Febrary the 3d 1827 provided that in all cases of said appeals the praying thereof shall be a supersedas and stay in all further proceedings untill the expiration of five days. Sec 4th Be it further enacted that in all cases where the plaintiff in the Execution neither resides
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in the County in which Judgement was rendered nor in the County in which such trial of the right of property is had, it shall not be nessary for the constable to give said plaintiff notice, but the trial shall be conducted in the same manner as if actual notice had been given and in case the property shall be found to be the property of the claiment the plaintiff in the Execution shall be bound for all costs that may have accrued
[ certification ]
12/17/1834
David Prickett
Passed H R. Decr 17. 1834
D. Prickett Clk[Clerk] H R
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[ docketing ]
H R
[ docketing ]
A Bill for an “act to amend an act” regulating the mode of trying the right of property
[ docketing ]
[01]/[19]/[1835]
Com on Judiciary
Mr Ewing
[ docketing ]
[01]/[16]/[1835]
Engrossed
[ docketing ]
[01]/[23]/[1835]
David Prickett
to be Enrolled.
Clk. H. R

Handwritten Document, 4 page(s), Folder 16, HB 20, GA Session: 9-1, Illinois State Archives (Springfield, IL) ,