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Sec[Section] 1st: Be it enacted by the people of the State of Illinois represented in the General Assembly
That if any Appellant shall fail to [appeal?] and prosecute his appeal in the Circuit Court such Court may on motion of the Appellee, affirm the Judgment of the Justice of the peace, in favor of the Appellee with ten per cent damages thereof, and costs, and give judgment therefor, or may on like motion of the Appellee, proceed to hear and determine the cause as in other Cases of appeal,
That if any Appellant shall fail to [appeal?] and prosecute his appeal in the Circuit Court such Court may on motion of the Appellee, affirm the Judgment of the Justice of the peace, in favor of the Appellee with ten per cent damages thereof, and costs, and give judgment therefor, or may on like motion of the Appellee, proceed to hear and determine the cause as in other Cases of appeal,
Sec 2nd: In all cases where any witness or other person shall be guilty of a Contempt before
any Justice of the Peace while sitting or acting in his official capacity as such
on the trial or hearing of any cause, such Justice shall have power to inflict a fine
therefor, upon such witness or other person, not exceeding three Dollars for each
contempt, to which may be added in each case imprisonment not exceeding twelve hours
Sec 3rd: It shall be lawful in all cases before Justices of the Peace, to issue executions
immediately upon the rendition of Judgment, which execution shall be returnable ninety
days after date, but no property shall be sold by virtue of any execution until after
the time for taking an appeal shall have expired.
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Sec 4th It shall be the duty of every Constable so soon as an execution comes into his hands,
to make deligent search for property to satisfy the same, and if the plaintiff shall in whole or in
part lose his debt by, the nonfeasance misfeasance or malfeasance of any Constable
having an execution in his hands, said plaintiff may sue for and recover the amount,
so lost or neglected to be collected, before any Justice of the Peace together with
costs of suit.
Sec 5th: If previous to the commencement of a Suit upon any contract either express or implied,
the Plaintiff or other credible person shall make oath that there is danger of his
debt being lost, it shall be the duty of the Justice to issue his summons returnable
forthwith, and so soon as the summons shall be returned served, it shall be the duty
of the Justice to proceed to the trial of said suit, unless the same shall for good
cause shown be continued, provided that said suit shall not be continued at the instance
of the defendent, until he shall execute to the Constable a delivery bond for all or so much of his
personal property subject to execution as would be sufficient to pay the debtor, until
he shall have given bond [
with good
?] and sufficient security or securities Conditioned to pay whatever Judgment may be
rendered against him.
Sec 6th The Bond for the payment of the judgment contemplated in the foregoing Section shall
be in the following form
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A. B | } | |
vs | Demand $ | |
C. D |
Before E. F Justice of the Peace, I acknowledge myself held and firmly bound to pay
unto the Plaintiff in the above suit the full amount of whatever Judgment and costs he
may recover against the defendent herein witness my hand and seal the day of
which bond may be sued on before any Justice of the Peace, and whenever the said security
shall pay the debt and costs aforesaid, he in addition to any other remedy he may
have, shall have the controll of, and proceeds derived from the original Judgment, and may sue out execution thereon,
in the name of the original plaintiff, making him liable in no case however for costs,
Sec 7th: In an execution shall be returned not satisfied after demand made by the Constable
of the defendant, for money or other goods and Chattles to satisfy the same it shall be lawful for the Plaintiff or other credible person
to make oath that he or she verily believe, that said defendant or defendants to be
able to pay ^said debt^ in whole or in part, and withholds the money choses in action or other property from the officer so that the debt cannot be collected,
Whereupon it shall be the duty of the Justice to issue a Capias directed to any Constable of
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the County and to cause said defendant or defendants to be brought forthwith before
said Justice, then to testify under oath, as to what money goods Chattels or effects
he she or they had in Possession or owned at the time of or at any time since the
service of the Summons in said suit, which said Statement under oath may be controverted
by other testimony, and if said defendant or defendants shall refuse to make the statement
^as^ aforesaid under oath or shall refuse to surrender his, her, or their money [choses?] in action goods chattels or effects as herein provided, it shall be the duty of such
Justice, to commit any such person to Jail, there to remain until the requisitions
of this act shall be complied with,
Provided that in any proceeding under this act either party requiring it, shall be
entitled to a Jury.
Sec 8th: In all cases of trespass, or trover before a Justice of the Peace where oath has been made, that the party is afraid
of losing whatever Judgement may be recovered, it shall be the duty of said Justice
^to^ Issue a Capias, and the defendant may release his body by giving bond as prescribed in the foregoing
section, upon all Judgments, in actions of trespass or trover the Justice may issue an execution against the goods and chattels or against the
body of the defendant, at the election of the Plaintiff
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Sec 9th: The 4th Section of “An act concerning Justices of the Peace and Constables approved February
3rd 1837, and the first second third and fourth Sections of an act to amend an act concerning
Justices of the Peace and Constables, in force June 1st 1829 together with all acts and parts of acts coming within the Perview of this Act be and the same are hereby repealed.
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[ docketing
]
H. R
A Bill for “An act further to define the duties of Justices of the Peace and Constables
A Bill for “An act further to define the duties of Justices of the Peace and Constables
[ docketing
]
[02]/[05]/[1839]
[02]/[05]/[1839]
3
[ docketing
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[01]/[26]/[1839]
[01]/[26]/[1839]
Engrossed
[ docketing
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[02]/[05]/[1839]
[02]/[05]/[1839]
lay table
[ docketing
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[02]/[18]/[1839]
[02]/[18]/[1839]
postponed indefinitely
1Orlando B. Ficklin introduced HB 121 in the House of Representatives on January 11, 1839. On February 5, representatives proposed amendments, and the
House tabled the bill and proposed amendments. On February 18, the House took up
the bill, and the House indefinitely postponed further consideration by a vote of
40 yeas to 26 nays, with Abraham Lincoln not voting.
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), 195, 226, 285, 350, 433-34.
Handwritten Document, 6 page(s), Folder 97, HB 121, GA Session 11-1, Illinois State Archives [Springfield, IL] ,