Sec.[Section] 1. Be it enacted by the People of the State of Illinois represented in the General Assembly. That in all cases where any personal property shall be taken by virtue of an execution or attachment issued by any Justice of the Peace, and shall be claimed by any person or persons, other than the Defendant in such execution or attachment and shall give notice in writing of his her or their claim and intention to prosecute the same, it shall be the duty of the Constable to notify the Plaintiff in execution or attachment of such claims and the time and place of trial and if the Justice who issued such execution or attachment be absent from the County or unable to attend to such trial it shall be the duty of the Constable serving such execution or attachment to notify the Plaintiff in execution that he will attend before some other Justice of the peace of the County nameing him, and shall also designate some day and hour for the trial of the rights of the said property.
Sec. 2. That it shall be the duty of any Justice of the peace when notified by any constable of any person or persons claiming property as aforesaid to enter such cause on his docket and to proceed in all cases to have the right of such property tried in the same manner as if the execution or attachment had been issued by him and in case the property shall appear to belong to the claimant the Justice shall enter judgment against the Plaintiff in execution or attachment for the costs that may have accrued in such suit and on failure of the Plaintiff to pay the same the justice may issue execution therefor but in all cases where it shall appear that the property claimed belongs to the defendant in execution the Justice shall enter Judgment against the [clai]mant of the property for the amount of costs
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that shall have accrued and issue execution therefor as in other cases.
Sec. 3. That in all cases of trial of right of property before any Justice of the Peace, Constable[,] or sheriff ^the said Justice, Constable[,] or sheriff^ shall be authorized to issue subpoenas for witnesses, and compell their attendance in the same manner as in the trial of causes before Justices of the Peace or the Circuit Courts of this State.
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02/13/1839
Passed the H R 13 Feby 1839
D Prickett clk[clerk] H R

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[ docketing ]
No 137. H. R.
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A Bill for an act to amend an “act regulating the mode of trying the right of property”
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[01]/[24]/[1839]
2
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[01]/[24]/[1839]
Com Jud[Committee Judiciary]
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[02]/[04]/[1839]
Engrossed
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[02]/[28]/[1839]
to be Enrolled
Clk. H. R.
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[02]/[13]/[1839]
passed

Handwritten Document, 4 page(s), Folder 146, HB 191, GA Session 11-1, Illinois State Archives (Springfield, IL) ,