Papers Of Abraham Lincoln

In force June 1, 1835.

AN ACT allowing Appeals in certain cases.
1

Appeals may be taken from county commissioners’ to circuit court.

Proviso.

Appellant to give bond.

Summons to issue from circuit court.

When county is a party.

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 aggrieved 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 by the court, payable to such person, and with such conditions 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 case; 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

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from judgments of justices of the peace, and if a county be interested, the summons shall issue against the county commissioners of such county.

Jurisdiction of circuit court in such cases.

May remand the cause.

Proviso.

Sec. 2. The circuit courts shall have jurisdiction to hear and determine all such appeals, and shall give such judgment in respect to the right of the parties, as the commissioners’ court should have given, and shall have power to make all such orders, 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 cases 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 cases to the county commissioners’ court, with directions to carry into effect, so far as relates to 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.

Appeals allowed in qui tam actions.

Sec. 3. Appeals shall hereafter be allowed from all judgments of justices of the peace, rendered in qui tam 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.

Approved, Jan.[January] 31, 1835.

1William Thomas introduced SB 23 in the Senate on December 23, 1834. On December 24, the Senate referred the bill to the Committee on the Judiciary. The Committee on the Judiciary reported back the bill on January 7, 1835, with sundry amendment, in which the Senate concurred. The Senate passed the bill as amended on January 9. On January 12, the House of Representatives referred the bill to the Committee on the Judiciary. The Committee on the Judiciary reported back the bill on January 24 without amendment. The House passed the bill on January 26. On January 31, 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), 263, 270, 277, 371, 385, 452, 460, 461; 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), 125, 130, 196, 207, 332, 383, 390.