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Sec.[Section] 1st Be it enacted by the People of the State of Illinois Represented in the General Assembly, That any person or persons, who shall hereafter acknowledge himself special bail
in the manner specified in the 4th section of the Act, to which this is an amendment,2 shall thereby become responsible for [the] debt so said for, to be recovered by an action of debt before any Justice of the
Peace in this State, which action shall be commenced upon the original acknowledgment, upon the Capias or a copy, thereof certified by the Justice who issued the said Capias or by his successor in office, for which copy the said Justice shall receive twenty
five cents, Provided, that a Judgement for said debt shall first be rendered against the principal (being deft[defendant] in the suit) an execution issued, and a return of nulla bona, by the constable charged with the execution of the same”
Sec. 2. That hereafter, when the plaintiff in any suit brought before a Justice of the
Peace, shall suspect any person of being indebted to the deft in said suit, or of having property of said defendants in his or her possession,
he may require of, and it shall be the duty of said Justice, to comma^n^d any constable by endorsement on the Capias or Summons, to cite such person as garnishee, to appear before [?] the [?] and place specified in such capias or summons, and answer an oath or affirmation, what amount of debt if any, he may
owe the said Defendant, and what goods, chattles[,] and effects, the property of said Defendant, he he may have in his possession upon the return of which Capias or Summons, and Judgement being first rendered against the Deft, such proceedings may be had against the person summoned as garnishee as may now
be had against garnishees under the provisions of the “act, entitled “an act concerning
attachments” Approved Feb.[February] 13th 18333
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H. R.
A Bill Entitled “An Act” to amend an act concerning Justices of the Peace and constables” Approved Febry.[February] 3. 1827.
A Bill Entitled “An Act” to amend an act concerning Justices of the Peace and constables” Approved Febry.[February] 3. 1827.
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[01]/[02]/[1836]
[01]/[02]/[1836]
Engrossed
1Harvey T. Pace introduced HB 41 in the House of Representatives on December 18, 1835. On December 22, the House table the bill until July 4. The
House later took up the bill and referred it to the Committee on the Judiciary. The
Committee on the Judiciary reported back the bill on January 2, 1836, with amendments,
in which the House concurred. On January 4, the House rejected the bill by a vote
of 21 yeas to 24 nays, with Abraham Lincoln voting nay. On January 5, the House re-considered its previous vote and referred
the bill to a select committee. The select committee reported back the bill on January
12 with an amendment, in which the House did not concur. The House rejected the bill
a second time by a vote of 21 yeas to 28 nays, with Lincoln voting nay.
Illinois House Journal. 1835. 9th G. A., 2nd sess., 25, 40, 66, 85, 130, 205, 222, 227, 294-95.
2The provision for special bail came into effect when a plaintiff made oath before
the commencement of a lawsuit, that the debt or claim would be endangered unless the
defendant be held to such bail.
“An Act concerning Justices of the Peace and Constables,” 3 February 1827 The Revised Code of Illinois, of Illinois (1827), 261-62.
Handwritten Document, 2 page(s), Folder 41, HB 41, GA Session: 9-2,
Illinois State Archives (Springfield, IL)