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Sec[Section]. 1. Be it enacted by the People of the State of Illinois represented in the General Assembly,
That hereafter from all judgments rendered by Justices of the Peace, either party shall have the right of Appeal by entering into bond with one or more securities to be approved of by [the] Justice of the Peace rendring such judgment which bond shall be in the following form as near as may be
That hereafter from all judgments rendered by Justices of the Peace, either party shall have the right of Appeal by entering into bond with one or more securities to be approved of by [the] Justice of the Peace rendring such judgment which bond shall be in the following form as near as may be
State of Illinois | } | A. B. | } | Amount of JudgmentDollars |
County | vs | Cents debt and Dollars | ||
C. D. | Cents Costs rendered the day of A. D. 18 |
Know all men by these presents that Mr C. D. appellant and E. F. Security are hereby
held and firmly bound unto A. B. appellee for all the liabilities that may accrue
against the said appellant by virtue of this appeal,
witness our hands and seals
witness our hands and seals
Subscribed and sealed in my | C. D. |
seal |
presence and approved by me | E. F. |
seal |
this day of A. D. 18. | ||
S. T. J. P. |
which bond shall be executed and approved within ten days after the rendition of such
judg[ment] and the Justice shall thereupon stay all further proceedings on said Judgment and
if execution shall have been issued thereon, he shall forthwith recall the same, and
the taking of the appeal shall be taken and held as a sufficient notice to the appellee
and the Justice shall return the bond togeather with a transcript of the Judgment and all papers [relative??]
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to the suit, to the Clerk of the Circuit Court of his County, on or before the first
day of the next succeeding term; for which the justice shall be entitled to one dollar,
and no more, to be taxed with the other Costs of Suit.
Sec. 2. If any such appellant shall fail to appear and prosecute his appeal the Circuit
^Court^ shall affirm the judgment of the justice of the peace and give judgment against the
appellant and his securities for the same together with interest at the rate of twelve
per. cent per annum from the date of the justices judgment until the time of such appearance.
If the appellant shall appear and prosecute his appeal the Circuit Court shall try
the same upon its merits and shall not dismiss the suit for any informality or iregularity in the proceedings before the Justice of the Peace, provided, the Justice of the Peace had jurisdiction of the subject matter of the suit and
if the judgment of the Justice shall be wholly affirmed judgment shall be given as
provided in the second section of this act against the appellant and his securities
provided if any person shall prosecute an appeal from a judgment in his favor and
the same shall be affirmed as provided above
[the?]
the Court shall give judgment in his favor for the amount of the justices judgment
without interest and against him and his securities for the Costs of the appeal
Sec. 3. No appeal shall be allowed from any Judgment rendered on confession but to prevent
error in rendering judgment
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on Confession, the amount and nature of the indebtedness shall be written by the Justice
upon his docket, and the same shall be plainly and distinctly read to the defendant
or the defendant shall be permitted to read the same. The defendant, or the Court
by the request of the defendant, shall then write beneath the same: For which amount
of dollars and cents I Confess myself justly indebted to the said A. B. and the defendant shall
then sign the same with his or her hand, and the justice shall then proceed to enter
judgment for the amount so Confessed to be due.
Sec. 4. All judgments hereafter to be rendered by any Justice of the Peace shall bear
the same rate of interest specified in the rate as other instrument in writing upon
which the same shall be rendered, Provided that should no rate of interest be specified
in such note as other instrument in writing then the judgment shall bear the same
rate of interest as is provided in other Cases by law
Sec. 5. That if upon the trial of any appeal the bond shall be judged insufficient the
party who executed such bond shall in no wise be prejudiced by reason of such insufficiency
provided he will in a reasonable time to be fixed by the Court execute and file in said Court
a sufficient bond
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An act to amend the several acts concerning Justices of the Peace and Constables.
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[02]/[22]/[1839]
[02]/[22]/[1839]
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[02]/[22]/[1839]
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lay table
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[02]/[18]/[1839]
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Engrossed
1William H. Henderson introduced HB 104 in the House of Representatives on January 4, 1839. On January 6, the House referred the bill to the Committee on
the Judiciary. The Committee on the Judiciary reported back the bill on January 18,
recommending its rejection. The House referred the bill to a select committee. The
select committee reported back the bill on February 15 with amendments, in which the
House concurred. On February 22, representatives offered several amendments, and
the House tabled the bill and proposed amendments.
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), 169, 176, 234, 412, 422, 484.
Handwritten Document, 6 page(s), Folder 86, HB 104, GA Session 11-1, Illinois State Archives [Springfield, IL] ,