In force March 1st, 1837.
AN ACT amending an act entitled an act concerning forcible entry and detainer, approved
Feb.[February] 2d 1827.
1Jurisdiction of forcible entry and detainer extended to justices of the peace.
Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly,2 That hereafter in all cases of forcible entry and detainer or forcible detainer
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only, any justice of the peace shall have jurisdiction of any case arising under the
act to which this is amendatory, upon oath of the party aggrieved, or his authorized
agent.3Party aggrieved may appeal to circuit court.
Clause to be inserted for payment of rent.
Sec. 2. Either party feeling aggrieved by the verdict of the jury or the decision of the
justice on any trial had under this act, he or she or they, may have an appeal to
the circuit court to be obtained in the same manner as appeals from justices of the peace in other
cases, Provided, That the appellant or appellants shall also insert in the appeal bond, a clause conditioned
for the payment of all rents becoming due if any from the commencement of the suit
until the final determination thereof, as provided in the second section of an act
concerning landlord and tenants, approved February 13 1827.4
Act repealed.
No rights affected.
Sec. 3. This act repeals so much of the second and fifth sections of an act concerning forcible
entry and detainer, approved February 2d 1827, as is contrary to the provisions of
this act, but rights accrued under that act, are not hereby affected. This act to take effect
on the first day of March next.5
Approved February 28, 1837.
1On January 6, 1837, Albert G. Leary introduced HB 87 in the House. On January 26, the House referred the bill to the Committee on the Judiciary.
The Committee on the Judiciary reported back the bill on February 8 with a substitute,
in which the House concurred. The House passed the bill as substituted on February
17. The Senate passed the bill on February 25. On February 28, the Council of Revision approved the bill, and the act became law.
Illinois House Journal. 1836. 10th G. A., 1st sess., 64, 186, 401, 512, 610-11,
718, 751, 766; Illinois Senate Journal. 1836. 10th G. A., 1st sess., 458, 496-97, 510-11, 520-21, 551-52.
2On February 8, 1837, the House of Representatives amended the original bill by striking out all after the enacting clause and inserting
a substitute. The substitute text became the basis for the act. The original bill
text is not extant.
Illinois House Journal. 1836. 10th G. A., 1st sess., 512.
3This section repealed portions of section two of the act being amended, which gave
jurisdiction to any two justices of the peace of any county in the state.
“An Act concerning Forcible Entry and Detainer,” 2 February 1827, The Revised Code of Law, of Illinois (1827), 229.
4Section two stipulated that tenants holding over land after the expiration of leases
were to pay the landlords or rightful owners double the yearly value of the land for
the time the latter were kept out of possession, recovered by action in debt or otherwise
in any court having jurisdiction. This section repealed portions of section five
of the act being amended, which stipulated the terms and conditions of appeal.
“An Act concerning Landlords and Tenants,” 13 February 1827, The Revised Code of Law, of Illinois (1827), 278-79; “An Act concerning Forcible Entry and Detainer,” 230.
5While the House of Representatives was considering HB 87, the Senate on January 16, 1837, adopted a resolution instructing the Committee on the Judiciary
to investigate the expediency of the changing the law on forcible entry and detainer
on lines largely following what came out of the House.
Illinois Senate Journal. 1836. 10th G. A., 1st sess., 217, 225.
Printed Document, 2 page(s), Laws of the State of Illinois, Passed by the Tenth General Assembly (Vandalia, IL: William Walters, 1837), 119-20, GA Session: 10-1