Papers Of Abraham Lincoln

1
Sec[Section] 1 Be it Enacted by the People of the State of Illinois Represented in the General assembly

That hereafter no special Demurrer to any Declaration, Scire facias, Avowing, Cognizance, Plea, Replication[,] or other pleading to the merits of the action, shall be sustained, unless the defect therein shall constitute good ground of General Demurrer

Sec 2 That it shall not be necessary for the Plaintiff to file the Bond or note sued on with his petition allowed to be filed by an “act simplifying proceedings at Law for the collection of Debts” nor shall it be necessary for the Clerk to insert damages in any summons which shall be issued upon such Petition but said Summons shall be deemed sufficient if it command the Defendant to appear on the day to which the cause is docketed for trial, and answer the Petition of the Plaintiff filed against said Defendant, setting forth in the summons that a copy of the Petition is annexed thereto

Sec 3 That is shall not be necessary for the complainent to file any Replication to the Defendants answer in Chancery; but the issue shall be deemed to be made up by the Bill and answer; and the complainant one month after filing his Bill, and the Defendant one month after filing his answer, may proceed to take depositions, and the suit shall stand for hearing at the term next after that at which the answer shall be filed, or if filed in vacation

<Page 2>
at the second term after such answer shall have been filed subject to the power of the Court to continue the suit as heretofore

Sec 4 Be it further enacted that the proviso to the third section of the act Entitled “an act regulating the mode of taking Depositions and to provide for the perpetuating of Evidence” be and the same is hereby repealed

Sec 5 No party to any suit in chancery or action at Law shall be required to notice any answer plea or other pleading at law as in chancery (unless for the purpose of taking Depositions) until the same shall be filed and the filing thereof noted upon the Record in open court, unless by agreement of the parties or order of the Court entered upon Record that the same shall be filed in vacation

[ certification ]
01/18/1840
Bond, Benjamin

Passed the Senate
Jany 18th 1840
Ben: Bond secy[secretary] senate

<Page 3>

<Page 4>

[ docketing ]
Senate

[ docketing ]
N^o 56

[ docketing ]
A Bill For an act to amend the Several Laws in relation to Practice in Courts of Law and Chancery

[ docketing ]
79

[ docketing ]
01/18/1840
Passed

[ docketing ]
49

[ docketing ]
[01]/[16]/[1840]
Engrossed

[ docketing ]
[01]/[25]/[1840]
Refd com Jud.

[ docketing ]
[01]/[30]/[1840]
passed

1Sidney H. Little introduced SB 62 in the Senate on January 3, 1840. On January 7, the Senate referred the bill to the Committee on the Judiciary. The Committee on the Judiciary reported back the bill on January 16 with amendments, in which the Senate concurred. The Senate passed the bill as amended on January 18. On January 30, the House of Representatives concurred in the bill’s passage. On February 4, the Council of Revision vetoed the bill and returned it to the Senate with its objections. The Senate took no further action.
Illinois House Journal. 1839. 11th G. A., special sess., 207, 257, 302; Illinois Senate Journal. 1839. 11th G. A., special sess., 80, 92, 113, 132, 218, 230, 243-44.