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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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]
[01]/[24]/[1839]
2
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[01]/[24]/[1839]
[01]/[24]/[1839]
Com Jud[Committee Judiciary]
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[02]/[04]/[1839]
[02]/[04]/[1839]
Engrossed
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[02]/[13]/[1839]
[02]/[13]/[1839]
passed
Handwritten Document, 4 page(s), Folder 146, HB 191, GA Session 11-1, Illinois State Archives (Springfield, IL) ,