Papers Of Abraham Lincoln

In force 21st July, 1837.

AN ACT to amend an act, entitled An act to amend an act concerning Justices of the Peace and Constables, approved February 13th, 1827, approved January 23rd, 1829.
1

Power of justice

Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That in all cases before justices of the peace, where the plaintiff shall wish to prove

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his or her demand, by his or her own oath, or the oath of the adverse party according to the provisions of the 5th section of the act to which this is an amendment, it shall be lawful for the justice of the peace before whom the suit is commenced, to issue a summons as follows, to wit:

STATE OF ILLINOIS, }

Sct.

County.

The people of the State of Illinois, To any Constable of said county, Greeting:

Of summons.

You are hereby commanded to summon C. D. to appear before me, at my office in in said county, on the day of 183 , at the hour of o’clock A.M., to answer the complaint of A. B. for a failure to pay him a certain demand not exceeding one hundred dollars, and hereof make due return as the law directs. The said defendant is hereby also notified that the said plaintiff says that he has no witness by whom to prove his demand, except it be by his own oath, or the oath of the said defendant; and unless the said defendant appear at the trial of said complaint, the plaintiff will be permitted to prove his demand by his own oath, as by law is directed in such cases.

Given under my hand and seal at my office in in said county this day of A.D. 183E. F. J. P. (L. S.)

If defendant does not appear or assign reason

Plaintiff may prove.

And if the defendant or defendants shall not appear at the time of trial, after being served with such summons according to law, and no sufficient reason be assigned to the justice why he or she does not appear, then the plaintiff shall be permitted to prove his or her demand by his or her own oath, as is now provided by law, without giving any other or further notice to the defendant or defendants.

Sec. 2. Nothing here contained shall be construed so as to prevent any plaintiff or defendant, in any suit pending before a justice of the peace, from proceeding as is provided in the 5th section of the act to which this is an amendment. This act to take effect and be in force from and after its passage.

Approved, 21st July, 1837.

1Orville H. Browning introduced SB 36 in the Senate on July 15, 1837. The Senate passed the bill on July 17. The House of Representatives concurred on July 21. On July 21, the Council of Revision approved the bill and the act became law.
Journal of the House of Representatives of the Tenth General Assembly of the State of Illinois, at a Special Session of the General Assembly, Begun and Held in the Town of Vandalia, July 10, 1837 (Vandalia, IL: William Walters, 1837), 91, 97, 145; Journal of the Senate of the Tenth General Assembly of the State of Illinois, at a Special Session, Begun and Held in Vandalia, July 10, 1837 (Vandalia, IL: William Walters, 1837), 57, 72-73, 127, 142-43, 146.