Papers Of Abraham Lincoln

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Lewans

ILL. LEGIS.} SENATE. {11th ASSEM.

Monday, December 17, 1838.
Mr. Thomas introduced the following bill, which was read the first and second time, laid on the table, and ordered to be printed.
A BILL

For an Act to amend the several laws in relation to appeal bonds and the trial of appeals.

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5 Section. 1. Be it enacted by the People of the State of Illinois, represented in the Gene-
ral Assembly, That the condition of appeal bonds, executed upon the taking appeals from judg-
ments of Justices of the Peace to the Circuit Court, shall be, that the appellant will pay and satisfy
whatever judgment may be rendered by the Circuit Court, upon the dismissal, or trial of the
appeal.

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4 Sec. 2. One or more plaintiffs or defendants, in causes decided by Justices of the Peace,
shall be allowed the right of appeal to the Circuit Court, without the consent of the others; and
when one, of several, appeals, the supercedeas shall issue, directing a suspension of all further
proceedings upon the judgment, as though all had joined in the appeal.

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9 Sec. 3. When an appeal bond shall be executed by one of several parties to a judgment of
a Justice of the Peace, the Clerk of the Circuit Court shall issue a summons against the other
parties, notifying them of the appeals in the said Circuit Court, and requiring them to appear,
and abide by and perform the judgment of the Court in the premises; which summons shall be
served as other process issued in appeal cases; and in case such summons shall be returned, that
the parties are not found, the cause shall, at the first term of the Court, be continued, but, at
the second term shall be tried; and the Court shall have power to give the same judgment in
appeals taken under the provisions of this act, as though all the parties to the judgment had joined
in the appeal.

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6 Sec. 4. Upon the trial of appeal cases before the Circuit Court, no exception shall be taken
to the form or service of the summons issued by the Justice of the Peace ^or to any proceeding before him^ but the Court shall
try the cause upon its merits, and^ in all cases of appeal from Justices of the Peace shall ^ give judgment according to the rights of the parties, unless it
shall appear, from the evidence, that the Justice had no jurisdiction of the subject matter of the
suit; in which case, the suit shall be dismissed at the cost of the plaintiff. This act shall take
effect on the first day of June next.

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No 7.

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A Bill for “An act to amend the several Laws in relation to appeal bonds & the trials of appeals.

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Ordered to 2^nd reading

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Read 2^nd time and laid upon the table & ordered to be printed

1 2 3 4 5	Section. 1. Be it enacted by the People of the State of Illinois, represented in the Gene- ral Assembly, That the condition of appeal bonds, executed upon the taking appeals from judg- ments of Justices of the Peace to the Circuit Court, shall be, that the appellant will pay and satisfy whatever judgment may be rendered by the Circuit Court, upon the dismissal, or trial of the appeal.
1 2 3 4	Sec. 2. One or more plaintiffs or defendants, in causes decided by Justices of the Peace, shall be allowed the right of appeal to the Circuit Court, without the consent of the others; and when one, of several, appeals, the supercedeas shall issue, directing a suspension of all further proceedings upon the judgment, as though all had joined in the appeal.
1 2 3 4 5 6 7 8 9	Sec. 3. When an appeal bond shall be executed by one of several parties to a judgment of a Justice of the Peace, the Clerk of the Circuit Court shall issue a summons against the other parties, notifying them of the appeals in the said Circuit Court, and requiring them to appear, and abide by and perform the judgment of the Court in the premises; which summons shall be served as other process issued in appeal cases; and in case such summons shall be returned, that the parties are not found, the cause shall, at the first term of the Court, be continued, but, at the second term shall be tried; and the Court shall have power to give the same judgment in appeals taken under the provisions of this act, as though all the parties to the judgment had joined in the appeal.
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1 2 3 4 5 6	Sec. 4. Upon the trial of appeal cases before the Circuit Court, no exception shall be taken to the form or service of the summons issued by the Justice of the Peace ^or to any proceeding before him^ but the Court shall try the cause upon its merits, and^ in all cases of appeal from Justices of the Peace shall ^ give judgment according to the rights of the parties, unless it shall appear, from the evidence, that the Justice had no jurisdiction of the subject matter of the suit; in which case, the suit shall be dismissed at the cost of the plaintiff. This act shall take effect on the first day of June next.