Sec[Section] 1 Be it enacted by the people of the State of Illinois represented in the General Assembly, That whenever any goods or chattles shall have been wrongfully distrained, or otherwise wrongfully taken, or shall be
wrongfully detained, an action of replevin may be brought for the recovery thereof,
by the owner or person entitled to the possession thereof.
Sec 2 No action of replevin shall lie at the suit of the defendant in any execution or
attachment to recover goods or chattles seized by virtue thereof, unless such goods and chattles are exempted by law from such execution or attachment, nor shall an action of replevin
be for such goods and chattles at the suit of any other person, unless he shall, at the time, have a right to reduce
into his, her or their possession, the goods taken
Sec 3 The person or persons bringing such action, or some one in his, her, or their behalf,
shall, before any writ shall issue, make oath or affirmation before the Clerk of the
Circuit Court or any Justice of the Peace of the ^proper^ county, that the plaintiff in such action is the owner of the property described
in the writ about to be replevied, or that he is then lawfully entitled to the possession
thereof; and that the same has not been taken for any tax assessment or fine levied
by virtue of any law of this State; nor seized under any execution or attachment against the goods and chattles of such plaintiff, liable to execution or attachment. This act to take effect and
be in force from and after its passage.
<Page 2>
[ docketing
]
No [?]
[ docketing
]
H. R.
A Bill for an act supplemental to an act Entitled “an act to regulate the action of replevin,” approved January 29, 1827.
A Bill for an act supplemental to an act Entitled “an act to regulate the action of replevin,” approved January 29, 1827.
[ docketing
]
[01]/[03]/[1839]
[01]/[03]/[1839]
2
[ docketing
]
[01]/[03]/[1839]
[01]/[03]/[1839]
Com Jud[Committee Judiciary]
[ docketing
]
[01]/[16]/[1839]
[01]/[16]/[1839]
Engrossed
[ docketing
]
[01]/[23]/[1839]
[01]/[23]/[1839]
passed
Handwritten Document, 2 page(s), Folder 62, HB 76, GA Session 11-1, Illinois State Archives [Springfield, IL] ,