A Bill for
An act to simplify proceedings in Ejectment.
Be it enacted by the people of the state of Illinois represented in the General Assembly, That in the prosecution of all actions of Ejectment in this state hereafter, it shall not be necessary to require the defendant to confess, lease, entry, and ouster, nor enter into the Consent rule, according to the British practis, but Nor shall it be necessary, to serve the defendant with any other notice, than a summons,
requiring the defendant to appear on the first day of the next succeeding term of
the Circuit Court of the County in which the land sued for lies, to answer the plaintiff in a plea
of Trespass in Ejectment: Fixing the damages at the nominal value of the land sued
for.
Sec[Section] 2. That the sheriff shall serve the said summons on the defendant[...?] or defendants, ten days before the return day thereof: in order to entitle the plaintiff
to demand a trial at the return term of the said summons; Provided, always that nothing
herein contained shall deprive either party of a continuance under the existing laws
^of this state^; And Provided further, that if the
^a^ continuance shall be applied for, ^by^ the defendant while in the possession of the premises sued for, it shall not be granted
[him?], unless he will ^first^ enter into bond ^to the said plaintiff in the penalty of the value of the said land sued for,^ with suerety to be approved by the Court, ^conditioned^ that he will commit no waste upon the said premises, until the determination of said
suit; And if the said defendant
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Sec 3. And ^in^ all cases upon due service ^of^ process as is provided in the second section of this act, the defendant shall plead
not guilty to the action, and shall have a right at all times, to show in evidence
^under said plea^ on the trial, a better outstanding title in himself or any other person whatever,
than that relied upon by the plaintiff.
sec 4. That the action of Ejectment shall be
^may be maintained^ in all cases where the proceeding of Forcible Entry and detainer or Forcible detainer
only, is ^now^ authorized by the existing laws of this state, whether the plaintiff in either case shall have in himself the fee simple title
or not.
This act shall be in force from and after its passage.
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37.
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[12]/[22]/[1835]
[12]/[22]/[1835]
Engrossed.
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01/12/1836
01/12/1836
E.[Enrolled] Jany[January] 12th 1836
Handwritten Document, 4 page(s), Folder 138, SB 11, GA Session: 9-2,
Illinois State Archives (Springfield, IL) ,