Sec[Section]. 1 Be it enacted by the people of the State of Illinois, represented in the General Assembly, That whenever a judgment has heretofore been rendered by any court of record, or
shall hereafter be rendered by any court of record, or any Justice of the Peace, in
this State, and an execution against the defendant or defendants in said judgment shall have
been returned by the proper officer, “no property found;” on the affidavit of the
Plaintiff, or other credible person being made before the clerk of said court or Justice
of the Peace, that said defendant or defendants have no property within the knowledge
of such affiant, in his or their possession liable to execution, and that such affiant
hath just reason to believe that another person or persons is or are indebted to such
defendant or defendants, or hath or have any effects or estate of such defendant or
defendants, in his or their hands, it shall be lawful for said court, or Justice of
the Peace, to cause the person or persons supposed to be indebted to, or supposed
to have any of the effects or estate of the said defendant or defendants to be summoned
forthwith to appear before said court or Justice, as a garnishee or garnishees; and
said court or Justice of the Peace, shall examine and proceed against such garnishee
or garnishees, in the same manner as is required by law against garnishees in original
attachments.
Sec 2 No proceedings against a garnishee or garnishees, shall be quashed or set aside,
or said garnishee or garnishees discharged, on account of any insufficiency of the
original affidavit or summons, if the plaintiff or plaintiffs, or other credible person
for him, shall cause a legal and sufficient affidavit to be filed, or the summons
to be amended in such time and manner as the courts or Justices of the Peace shall
respectively in their
<Page 2>
discretion direct; and in that event, the cause shall proceed as if such proceedings
had originally been sufficient.
<Page 3>
<Page 4>
[ docketing
]
4
[ docketing
]
12/22/1838
12/22/1838
2
[ docketing
]
01/21/1839
01/21/1839
Com[Committee] Jud[Judiciary]
[ docketing
]
01/03/1839
01/03/1839
3
[ docketing
]
12/28/1838
12/28/1838
Engrossed
[ docketing
]
01/03/1839
01/03/1839
passed
Handwritten Document, 4 page(s), Folder 53, HB 66, GA Session 11-1, Illinois State Archives (Springfield, IL) ,