In force Jan.[January] 30, 1835.
AN ACT to amend “An act regulating the mode of trying the Right of Property[”].
1Duty of constable receiving an execution from a foreign county.
Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That in all cases when 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.
Further duty of constable.
Sec. 2. Be if further enacted, That it shall be the duty of
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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 purpose of having the rights of said property tried, said constable designating
the day and hour when such trial of the right of property shall take place: Provided, That said trial shall not be deferred exceeding ten days from the time such levy
may have been made.
Duty of justice when property is claimed.
Proviso.
Sec. 3. That it shall be the duty of any justice of the peace, when notified of any person
or persons claiming property as aforesaid, to enter such case on his docket, and to
proceed in all cases, to have the right of such property tried as if the execution
had been issued by him; and in case the property may appear to belong to the claimant,
the justice shall enter judgment against the plaintiff in execution for the costs
that may have accrued on such case, and on failure 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 cost 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 judgment against the claimant
of the property for the amount of such costs as have accrued, and execution may issue
therefor 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 execution be a competent witness,
and that all appeals from the judgments 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 a justice 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,
February 3, 1827: Provided, That in all cases of said appeals, the praying thereof shall be supersedeas, and stay all further proceedings until the expiration of five days.
Plaintiff residing in different county.
Sec. 4. Be it further enacted, That in all cases when the plaintiff in the execution neither resides in the county
where judgment was rendered, nor in the county in which such trial of the right of
property is had, it shall not be necessary for the constable to give said plaintiffs
notice; but the trial shall be conducted in the same manner as if actual notice had
been given, and in case the property shall
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be found to be the property of the claimant, the plaintiff in the execution shall
be bound for all costs that may have accrued.2Approved, Jan.[January] 30, 1835.
1Lewis W. Link introduced HB 20 in the House of Representatives on December 9, 1834. On December 10, the House referred the bill to a select committee.
The select committee reported back the bill on December 12 with sundry amendments.
The House referred the bill and proposed amendments to another select committee.
The select committee reported back the bill on December 15 with sundry amendments.
The House referred the bill and the select committees’s reports to the Committee on
the Judiciary. The Committee on the Judiciary reported back the bill on December
16 with sundry amendments, in which the House concurred. The House passed the bill
as amended on December 17. On December 19, the Senate referred the bill to the Committee on the Judiciary. The Committee on the Judiciary
reported back the bill on January 13, 1835, with an amendment, in which the Senate
did not concurred. The Senate voted 18 to 6 to read the bill a third time. The Senate
passed the bill as amended on January 17. On January 30, the Council of Revision approved the bill and the act became law. Journal of the House of Representatives of the Ninth General Assembly of the State
of Illinois, at their First Session, Begun and Held in the Town of Vandalia, December
1, 1834 (Vandalia, IL: J. Y. Sawyer, 1835), 86, 94, 107, 119, 122-23, 132, 324, 360, 374,
460; Journal of the Senate, of the Ninth General Assembly of the State of Illinois, at
their First Session, Begun and Held in the Town of Vandalia, December 1, 1834 (Vandalia, IL: J. W. Sawyer, 1835), 107, 110, 116, 227, 273, 322, 389.
Printed Document, 3 page(s), Laws of the State of Illinois, Passed by the Ninth General Assembly, at their First Session (Vandalia, IL:
J. Y. Sawyer, 1835), 56-58, GA Session: 9-1