Sec[Section] 1 Be it enacted by the people of the State of Illinois represented in the General Assembly, That any party to a proceeding had before any county commissioners’ court, who may feel aggrived by the final decision, judgment or order of such court, shall be allowed to appeal to the circuit court of the county in which the decision, judgment or order may have been made: Provided the appeal be prayed during the term of the Court at which the decision, judgment
or order may be rendered; and provided further that the party praying appeals shall be required to execute bond with good security
to be approved of by the court payable to such person and with such condition as the
court shall require and after the execution of the appeal bond the clerk of the commissioners’ court shall file with the clerk of the circuit court a full and complete transcript of the record and proceedings of the court, together
with the appeal bond and all original papers relating to the cause; And the clerk
of the circuit court shall thereupon issue a summons against all parties interested in the decision, judgment
or order appealed from, as in cases of appeals from judgments of Justices of the Peace;
and if a county be interested the summons shall issue against the county commissioners of such county.
Sec 2 The circuit courts shall have jurisdiction to hear and determine all such appeals and shall give such
judgment in respect to the rights of the parties, as the commissioners’ court should have given, and shall have power to make all such orders
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and to issue all such process and notices as may be necessary to bring all persons
interested before the court; and on the trial of such appeals, the court shall proceed in all respects, as is, or may be required in the trial of other appeal
causes in said court and the judgment of the court in the premises shall be final and conclusive upon the parties, unless an appeal
be taken to the Supreme Court. The said circuit court shall also have power to remand all such causes to the county commissioners court, with directions to carry into effect so far as relates to the rights of parties,
the judgment of said court: Provided that in cases so remanded the circuit court shall make out and deliver a written opinion to be entered of record, and transmitted
to the county commissioners’ court.
Sec 3 Appeals shall hereafter be allowed from all judgments of Justices of the Peace
rendered inquitam actions, and suits instituted to recover penalties, or forfeitures, which is or may
be allowed by any statute of the state. Such appeals to be taken and proceeded in, in all respects as is, or may be required,
in appeals from judgments of Justices of the peace in civil actions.
This act shall take effect on the first day of June next.
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[12]/[24]/[1834]
[12]/[24]/[1834]
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[01]/[07]/[1835]
[01]/[07]/[1835]
Engrossed
Handwritten Document, 4 page(s), Folder 181, SB 23, GA Session: 9-1,
Illinois State Archives (Springfield, IL) ,