Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That appeals from judgments of justices of the peace to the circuit court, shall be granted in all cases except on judgment confessed: Provided, The party praying for an appeal shall, within twenty days from the rendering of the judgment from which he desires to take an appeal, enter into bond in the office of said justice of the peace, with security to be approved by the justice conditioned that the appellant will pay and satisfy whatever judgment may be rendered by the circuit court upon dismissal or trial of the appeal.

Sec. 2. If upon the trial of any appeal, the bond required to be given in the first section shall be adjudged 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 court a good and sufficient bond.

Sec. 3. Where a bond shall be executed by the appellant as aforesaid, the justice who gave the judgment, and if execution or other process has been issued thereon, said justice shall recall the same, and all further proceedings thereon shall be suspended, and the said justice shall, within twenty days after receiving and approving of the appeal bond, file the same in the office of the clerk of the circuit court, together with all the papers and transcript of the judgment he had given, with a certificate under his hand, that the said transcript and papers contain a full and perfect statement of all the proceedings before him; and the court shall hear and determine the said appeal in a summary way, without pleading in writing, according to the justice of the case.

Sec. 4. The following shall be the form of the bond required by the first section of this act: Know all men by these presents, That we, A. B. and C. D., are held and firmly bound unto E. F., in the penal sum of (here insert double the amount of judgment and costs,) dollars, lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs and administrators, jointly, severally and firmly, by these presents. Witness, our hands and seals, this day 18 . The condition of the above obligation is such, That whereas, the said E. F. did, on the day of A.D. 18, before , a justice of the peace for the county of , recover a judgment against the above bounden A. B., for the sum of dollars; from which judgment the said E. F. has taken an appeal to the circuit court of the county of aforesaid, and State of Illinois. Now if the said A. B. shall prosecute his appeal with effect, and shall pay whatever judgment may be rendered by the court upon dismissal or trial of said appeal, then the above obligation to be void, otherwise to remain in full force and effect.

(L. S.[Legal Seal])

(L. S.)

(L. S.)

Approved by me at my office, this day of 18 .

L. M., J. P[Legal Magistrate Justice Peace].

Sec. 5. Parties to suits before justices of the peace, may take appeals from their decisions before the clerks of the circuit courts in the same manner as is now provided by law, or they may appeal as provided in the foregoing sections.

Sec. 6. The security in any such appeal bond shall be liable on said bond for the amount of the original judgment, and all costs thereon in case the said appeal be dismissed, and shall be liable also on said bond for whatever judgment may be rendered by the circuit court, in case the original judgment be affirmed by said circuit court, either in whole or in part, and

---

the same provisions shall extend to appeal bonds executed under the act to amend the several laws in relation to appeal bonds, and the trial of appeals, approved March 2d, 1839.2

Approved, February 3, 1840.