Papers Of Abraham Lincoln

In force, Feb.[February] 27, 1839.

AN ACT supplementary to “An act prescribing the mode of trying the right of property.”
1

Witnesses to be summoned.

Sec.[Section] 1. Be in enacted by the People of the State of Illinois, represented in the General Assembly, That in all cases of the trial of the right of property before any sheriff or coroner, it shall be the duty of such sheriff or coroner to summon such witnesses as shall be required by either party to such trial, to attend at the time and place at which such trial shall be held.

Attachment to issue ag’st[against] delinquent juror or witness.

Sec. 2. In all cases where a witness shall be so summoned, and shall fail to attend at such trial conformably thereto, and in all cases where a juror shall fail to attend the same when summoned by such sheriff or coroner, such sheriff or coroner shall have the same power to issue an attachment for contempt against such delinquent witness or juror, and to proceed in all respects as justices of the peace are authorized to proceed by the 22d section of an act, entitled, “An act concerning justices of the peace and constables.”

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Fine.

Sec. 3. And any fine which such sheriff or coroner may impose for such contempt may be collected in the same manner as costs accruing under the provisions of the act to which this is supplementary.

Approved, February 27, 1839.

1On January 30, 1839, Peter Butler introduced SB 159 in the Senate. On February 7, the Senate passed the bill. On February 25, the House of Representatives passed the bill. On February 27, 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), 367, 427, 504, 537; 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), 249, 278, 293, 419, 436, 452.