Papers Of Abraham Lincoln

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Sec[Section] 1^st Be it enacted by the people of the State of Illinois represented in the General Assembly,

“That Justices of the peace shall have jurisdiction in their respective Counties, in all actions of Detinue, and replevin

when the property in controversy shall not exceed fifty dollars in value,2 and where the Plaintiff shall file an affidavit in the office of any Justice of the Peace either of himself or some other credible person stating that the property, to recover which such action is about to be brought is the property—of the plaintiff giving the value thereof, and ^that^ the defendant unlawfully detains the same said justice shall issue a writ of capias in detinue, endorse the amount so sworn to, and direct the constable to take bail in double the sum, and when the plaintiff or some other credible person shall file an affidavit before any Justice of the Peace, stating that the property, describing it and giving the value thereof about to be replevied, rightfully and bonafide belongs to said plaintiff and was taken and now is unlawfully detained

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from him and more over shall file his bond in double the value of the property with good and sufficiant security in the office of said Justice, payable to the defendant, conditioned that he will without delay prosecute said suit to effect, and make return of the property, if return shall be awarded and pay all damages, the Justice shall thereupon issue his writ to any constable of the county (in which shall be stated a description of the property to be replevied) whose duty it shall be to deliver said property to the plaintiff, and in all cases of detinue and replevin the process shall be returnable to the office of the Justice in not less than five nor more than twenty days from the date thereof,

Sec 2. ^nd And it shall be the duty of any constable into whose hands the writ of capias in detinue shall come, to take the body of the defendant, and commit him to the common Jail of the county unless he shall enter into a bond to the plaintiff, conditioned that if Judgment shall be rendered in such action against him he will deliver to the plaintiff the property which shall be thereby recovered and pay all damages which shall be assessed for the detention thereof and costs of suit, which bond

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shall be returned with the writ to the office of the Justice of the Peace,

Sec. 3^rd If the condition of any bond required by this act shall at any time be broken the plaintiff may sue and maintain an action on said bond, before any Justice of the Peace for the recovery of such damages as he may have sustained in consequence of the breach of such condition, Provided that all trials under the provisions of this act shall be by jury, unless otherwise agreed upon by the Parties

Sec. 4^th
In all trials under this act no greater formality shall be required than in other cases before Justices of the Peace, and the Justice and Jury shall decide according to the verry right of the case having no regard to technichal objections to forms, and appeals[,] writs of certiorari[,] and changes of venue shall be granted as in other cases before Justices of the peace; This act to be in force from and after the first day of Aprill next,

[ certification ]
02/02/1835
Prickett, David (Pricket)

Passed H. R. Feb 2^d 1835
D. Prickett Clk.[Clerk] H. R.

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[ docketing ]
H. R.
A Bill for an act giving Justice of the Peace jurisdiction in cases of Detinue and Replevin.

[ docketing ]
[01]/[29]/[1835]
Engrossed

[ docketing ]
[02]/[09]/[1835]
select Com.
William
Edwards
James

1Orlando B. Ficklin introduced HB 131 in the House of Representatives on January 19, 1835. On January 20, the House referred it to the Committee on the Judiciary. The Committee on the Judiciary reported back the bill on January 27 without amendment, recommending its rejection. The House referred the bill to a select committee. On January 29, the select committee reported back the bill with an amendment, in which the House did not concur. On February 2, the House passed the bill by a vote of 31 yeas to 17 nays, with Abraham Lincoln voting nay. On February 9, the Senate amended the bill by striking out all of the text after the enacting clause and referred it to a select committee. The select committee reported back the bill on February 10 with an amendment, in which the Senate concurred. The Senate passed the bill as amended on February 11. The Senate ordered the title amended so as to read “A Bill concerning Judgments and Executions.” On February 12, the House referred the bill to a select committee. The select committee reported back the bill with an amendment, in which the House concurred. The House also concurred with the Senate amendments. On February 13, the Senate tabled the bill and the House amendment.
Illinois House Journal. 1835. 9th G. A., 1st sess., 176, 327, 338, 396, 431-32, 466-67, 539, 544, 559; Illinois Senate Journal. 1835. 9th G. A., 1st sess., 404, 414, 468-69, 475, 495, 522, 524.

2The law governing justices of the peace at this time only provided jurisdiction over civil debt cases not exceeding $100 and right of property cases. Actions of detinue and replevin fell within the jurisdiction of the circuit courts. This bill would have given litigants who sought to recover personal property of a small value the ability to sue in the more easily accessible justice of the peace courts, much in the same way that litigants with small debt claims could bring their suits in those courts. This bill might have been an effort by the practicing lawyer who introduced it to expand the types of cases in the justice of the peace courts in order to reduce crowded dockets in the circuit courts. As the justice of the peace courts were already handling right of property cases, small detinue and replevin cases would have made sense in the justice of the peace courts as well.
“An Act concerning the Action of Detinue,” 6 January 1837; “An Act concerning Justices of the Peace and Constables,” 30 December 1826; “An Act to Regulate the Action of Replevin,” 29 January 1827; “An Act Prescribing the Mode of Trying the Right of Property,” 29 January 1827; The Public and General Statute Laws of the State of Illinois (Chicago: Stephen F. Gale, 1839), 248, 402, 554-55, 587, respectively.