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Sec[Section] 1. Be it enacted by the People of the State of Illinois represented in the General assembly That the condition of appeal bonds taken upon appeals from judgments of Justices
of the peace to the circuit court shall be that the party appealing shall [?] whatever judgment may be rendered against the party appealing by the circuit court
upon the trial of the appeal.
Sec. 2. No appeal shall be dismissed nor any judgment of a Justice of the peace reversed
by the circuit court because of any error in the form of the summons or in the form
of action, if it shall appear to the court from the testimony or otherwise that the
Justice [would?] have jurisdiction of the case in any other [forum?] of action, but the court shall decide the matters in controversy according to the
rights of the parties, and cause the judgment to be so recorded as to conclude the
parties from furth[er] litigation in relation to the same [matters?]
Sec 3. Justices of the pea[ce] shall have [juris]diction in cases arising under the act entitled “An act to prevent trespassing by
cutting timber” approved 27th February 1819 when the plaintiffs claim shall not exceed One hundred dollars and
the proceeding before the Justices of the peace shall conform to the provisions of said act in all respects
whatever.2
This act shall be in force on the first day of May next.
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A Bill entitled an act concerning appeals from judgments of Justices of the peace.
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[12]/[23]/[1835]
[12]/[23]/[1835]
Engrossed
1William Thomas introduced SB 40 in the Senate on December 22, 1835. On January 4, 1836, the Senate passed the bill by a vote of
13 yeas to 6 nays. On January 6, the House of Representatives referred the bill to a select committee. The select committee reported back the
bill on January 14 with sundry amendments, in which the House concurred. On January
15, the House passed the bill as amended by a vote of 23 yeas to 19 nays, Abraham Lincoln voting yeas. The House informed the Senate of the bill’s passage as amended, but
the Senate did not take up the House amendments.
Illinois House Journal. 1835. 9th G. A., 2nd sess., 226, 246-47, 328-29, 335-36; Illinois Senate Journal. 1835. 9th G. A., 2nd sess., 85, 94, 164, 252.
Handwritten Document, 2 page(s), Folder 165, SB 40, GA Session: 9-2,
Illinois State Archives (Springfield, IL) ,