An Act to amend An act to extend the Jurisdiction of Justices of the Peace approved
December 29. 1826.
1Sec[Section]. 1st. Be it enacted by the people of the State of Illinois represented in the general Assembly that each and every person sworn and actually serving as a juror in a case of Assault
or of Assault and Battery ^or affrays^2 shall be entitled to recieve from the Defendant if convicted the Sum of twenty five cents: and each person subpoenaed
and sworn in such case as a witness shall in like manner be entitled to receive the
sum of fifty cents. Provided, that the person entering the complaint shall not in
any case be entitled to any compensation.3
Sec 2ond. Be it further enacted that if the Jury find the Defendant ^not^ guilty it shall be the duty of the Justice of the Peace forthwith to discharge the
Defendant without cost. Provided however that if the Jury shall be of opinion and
shall so return for virdict that the prosecution was malicious it shall then be the duty of such Justice to enter
Judgement against the complainat for all cost that may have accrued & issue Execution accordingly4
sect[Section] 3rd that in all cases of assault and battery the Jury or Justice shal have power to find the person ^the fine^. guilty [?]
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Sec. 4. Be it further enacted that upon the appearance of the Defendant before the Justice
who issued the warrant the Defendant may make his selection either to have a jury
or let the case be tried by a Judge ^the Justice of the Peace^ and if the Defendant dispense with a Jury whether he confess himself guilty or no
it shall be the duty of such Justice to hear the testimony and assess the fine and
render judgement judgement thereon; and issue Execution as [...?] directed in the Act to which this is an Amendment.5
| 1 | Sec. 5.6 All costs and charges allowed by |
| 2 | this Act shall be collected in the manner |
| 3 | pointed out in the Act above refered |
| 4 | to, And all that part of said Act |
which comes in perview of this is hereby repealed. This Act to be in force from and after the 1st day of August next
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An Act to amend an act to extend the Jurisdiction of Justices of the Peace, approv’d[approved] Dec[December]. 29. 1826.
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[12]/[10]/[1834]
[12]/[10]/[1834]
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[12]/[31]/[1834]
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1Uri Manly introduced HB 14 in the House of Representatives on December 9, 1834. On December 10, the House referred it to a select committee.
On December 15, the select committee reported back the bill with an amendment. The
House re-committed the bill and amendment to a second select committee. The select
committee reported back the bill with various amendments on December 31. The House
concurred in the amendments and ordered the bill amended by adding after the word
“battery,” the words “or affrays.” The House passed the bill as amended on January
2, 1835. On January 3, the Senate took up the bill, but, on January 6, refused to read the bill a third time.
Illinois House Journal. 1835. 9th G. A., 1st sess., 48, 86, 94, 119-20, 189, 201, 238; Illinois Senate Journal. 1835. 9th G. A., 1st sess., 173, 174, 192.
2On December 31, the House of Representatives amended the bill by adding “or affrays.”
Illinois House Journal. 1835. 9th G. A., 1st sess., 189.
3Section 17 of the 1826 law prohibited juror and witness fees in such cases.
“An Act to Extend the Jurisdiction of Justices of the Peace,” 29 December 1826, Revised Code of Laws, of Illinois, Enacted by the Fifth General Assembly (1827), 274.
4The 1826 law provided no remedy for malicious prosecution.
“An Act to Extend the Jurisdiction of Justices of the Peace,” 29 December 1826,
274-78.
5The 1826 law did not allow justices of the peace to render judgment in lieu of a jury
nor did it allow a defendant to waive a jury trial in these cases.
“An Act to Extend the Jurisdiction of Justices of the Peace,” 29 December 1826,
274-78.
Handwritten Document, 2 page(s), Folder 17, HB 14, GA Session: 9-1,
Illinois State Archives (Springfield, IL)