Sec[Section] 1 Be it enacted by the People of the State of Illinois Represented in the General Assembly, That whenever as execution against the property of a defendant shall have been issued
on a Judgement at Law or in Equity, and shall have been returned, unsatisfied in whole
or in part, the party sueing[suing] out such execution may file a bill in Chancery against such defendant and any other
person to compel the discovery of any property or thing in action belonging to the
defendant, and of any property, money, or thing in action, due to him, or had in trust
for him, and to prevent the transfor[transfer] of any such property, money, or thing in action, or the payment, or delivery thereof,
to the defendant, except where such trust has been created by, or the fund so held
in trust has proceeded from some person, other than the defendant himself
Sec 2. The Court shall have power to compel such discovery, and to prevent such transfer,
payment, or dilevery[delivery], and to decree satisfaction of the sum remaining due on such judgement[judgment], out of any personal property, money, or things in action belonging to the defendant,
or held in trust for him, with the exception above stated, which shall be discovered
by the preceedings[proceedings] in Chancery, whether the same were originally liable to be taken in execution at
Law or not.
Sec 3. In suits for the payment or recovery of money, set-offs shall be allowed in the
same manner, and with the like effect, as in actions at Law.
Sec 4 When a bill shall be filed in the Co[urt] of Chancery ot[her] than for discovery1 only, the Complai[na]nt may [waive?] the necessity of the answer being made
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on the oath of the defendant, and in such cases, the answer may be made wit[hou]t oath and shall have no other or greater force as evidence, than the bill.
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No 5
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Senate
A Bill For An Act, to amend an act entitled “An act precribing[prescribing] the mode of proceeding in Chancery[”]
A Bill For An Act, to amend an act entitled “An act precribing[prescribing] the mode of proceeding in Chancery[”]
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12/22/1838
12/22/1838
passed
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12/21/1838
12/21/1838
2
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12/22/1838
12/22/1838
3
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01/03/1839
01/03/1839
Com on Judiciary
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01/16/1839
01/16/1839
Enrolled
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Engrossed
Handwritten Document, 4 page(s), Folder 343, SB 23, GA Session 11-1, Illinois State Archives (Springfield, IL) ,