Sec.[Section] 1 Be it enacted by the People of the state of Illinois represented in the General Assembly, That hereafter any constable who shall be charged with a ^the service of a ^ summons issued by any Justice of the Peace in this state, shall serve the same by reading to the Defendant as is now directed by the third section of the act to which this is an amendment. Provided however, that if the Defendant shall be absent from his place of residence when the constable shall call for the purpose of serving the same, then and in that case it shall be lawful for such constable to serve the same by leaving a written copy of the Summons at the Defendant[’]s place of residence the meaning and contents of which shall be explained to some member of the family over ten years of age. And such constable shall specify in his return the manner of serving the same. And provided further that unless it be made appear to the Justice before whom the same is returnable, on the day set for trial that the defendant was in the County at the time of leaving the said copy: then and in that case the said Justice shall not consider the service as valid, unless it be made appear to him that the Defendant is evading the service thereof.2

Sec. 2. Hereafter in all actions of Debt or assumpsit before a Justice of the Peace, when the Defendant shall bring in as an offsett to the Plaintiff[’]s demand any account or claim exceeding one hundred Dollars it shall be the duty of such Justice to examine upon oath the Defendant and such witness as may be produced and ascertain whether such offsett account or claim be real and bona fide or not and if upon such examination said Justice is satisfied that such offsett account or claim is real and bona fide to an amount exceeding one hundred Dollars and not reduced below that

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sum by settlement between the parties, then said Justice shall dismiss such suit, at the cost of the Plaintiff otherwise, said Justice shall proceed to hear and determine the cause, as though such offset account or claim had been originally under one hundred Dollars3

Sect[Section] 3^d That hereafter when any witness Shall be Subpoena^d to appear before a Justice of the peace to testify in any case as prescribed by the 17^th Section of the act to which this is an amendment, and Shall appear at the time and place of trial as directed that then each witness So attending Shall be allowed the Sum of fifty cents to be collected with the other costs of Suit, if claimed by Said witness or witnesses.4

Sec 4^th This act to take effect from and after the first day of March next