In force, Feb.[February] 1, 1840.
AN ACT to amend the law in relation to change of Venue.
1Appeals, when taken
Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That whenever any appeal shall be depending in any of the circuit courts of this State from any assessment of damages for land or other property taken under the authority
of any law of this State for the use of any rail road, canal, turnpike or any other highway, or for any purpose whatever, it shall and may be lawful for the people, or county, or other corporation, or person
for whose use such land or other property is to be taken, or the person conducting
the appeal in their behalf, or for the claimant or claimants, or his, her, or their
agents, or attorney at law, or attorney in fact to file, his, her, or their affidavit
in writing, stating that he, she, or they verily believe that a fair and impartial
trial of said appeal cannot be had in the court where said appeal is depending; on
account that either the Judge of the court, or the People of the county, are interested
or prejudiced against the cause of the party on whose behalf said application is made,
or in favor of the cause of the other party, or for or against the parties as aforesaid.
Change of venue
Sec. 2. On filing such affidavit it shall be the duty of the court to change the venue of
said cause to some convenient county to which objections shall not be made by similar
affidavit. And said appeal shall be dockited and tried in the court to which the venue thereof is changed, in the same manner
as if it had been originally instituted there.
When objection is made to appeals
Proviso.
Sec. 3. That if any objection shall be taken to any such appeal on account of any defect
in the appeal bond, such objection shall not be sustained: Provided, the appellant, his, her, or their agent or attorney shall enter into, and acknowledge
such bond, with sufficient security as may be approved by said court.2
Approved, February 1, 1840.
1On January 16, 1840, Sidney H. Little introduced SB 106 in the Senate, and the Senate referred the bill to the Committee on the Judiciary. On January 22,
the Committee on the Judiciary reported the bill favorably with an amendment, and
the Senate concurred in the amendment. On January 25, the Senate passed the bill.
On January 25, the House of Representatives took up the bill, and Abraham Lincoln motioned that the rule of the House be dispensed with, and the bill now read a second
time by its title. The House agreed to Lincoln’s motion and ordered the bill to a
third reading. On January 30, the House passed the bill. On February 1, the Council of Revision approved the bill and the act became law.
Journal of the House of Representatives of the Eleventh General Assembly of the State
of Illinois, at Their Called Session, Begun and Held at Springfield, December 9, 1839 (Springfield, IL: William Walters, 1839), 250, 253, 295; Journal of the Senate of the Eleventh General Assembly of the State of Illinois, at
Their Called Session, Begun and Held in Springfield, December 9, 1839 (Springfield, IL: William Walters, 1839), 116, 165, 174, 219, 225, 240.
Printed Document, 1 page(s), Laws of the State of Illinois, Passed by the Eleventh General Assembly, at their Special Session (Springfield, IL: William Walters, 1840), 36, GA Session: 11-S,