Papers Of Abraham Lincoln

In force, Feb.[February] 28, 1839.

AN ACT to amend the act, entitled “An act to provide for changing the venue in civil and criminal cases,” approved January 23, 1827.
1

Venue not changed unless cause be shown.

Notice to opposite party.

Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That, hereafter, changes of venue shall not be granted after the first term of the court at which the party applying might have been heard, unless the party so applying shall show that the causes for which the change is asked have arisen, or come to his, her, or their knowledge, subsequent to the term at which the application might have been made; and shall also have given to the opposite party ten days’ previous notice of his or their intention to make such application, except in cases where the causes have arisen or come to the knowledge of the party making the application within less than ten days of making the same.

Consent of parties in civil cases necessary to change venue.

Sec. 2. In civil causes wherein there are two or more plaintiffs or defendants, a change of venue shall not be granted unless the application is made by or with the consent of all the parties, plaintiffs or defendants, as the case may be; and in criminal cases, where this application is made by a part of the defendants, and is granted, a copy of the indictment, and not the original, shall be transmitted to the court to which the change of venue is ordered; and the copy, certified by the clerk to be correctly made, shall stand as the original.

Sec. 3. All questions concerning the regularity of proceeding in obtaining changes of venue, and the right of the court to which the change is made to try the cause and execute the judgment, shall be considered as waived after trial and verdict.

Approved, February 28, 1839.

1On January 9, 1839, William Thomas introduced SB 68 in the Senate. On January 12, the Senate read the bill twice and referred it to the committee on the Judiciary. On January 19, the committee reported back the bill with several amendments to which the Senate concurred. On January 21, the Senate passed the bill. On February 27, the House of Representatives passed the bill. On February 28, the Council of Revision approved the bill and the act became law.
Journal of the House of Representatives of the Eleventh General Assembly of the State of Illinois, at their First Session, Begun and Held in the Town of Vandalia, December 3, 1838 (Vandalia, IL: William Walters, 1838), 257, 307, 432, 534, 549, 566; Journal of the Senate of the Eleventh General Assembly of the State of Illinois, at their First Session, Begun and Held in the Town of Vandalia, December 3, 1838 (Vandalia, IL: William Walters, 1838), 147, 158, 192, 198, 443, 447-48.