In force, Mar.[March] 2, 1839.
AN ACT to amend the several laws in relation to practice in courts of law, and for
the benefit of A. McPhail and T. C. Kirkman.
1Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That suits instituted in the name of one, for the use of another, shall not abate
by the death of the person whose name is used as plaintiff, but shall be prosecuted
to judgment and execution as though the person for whose use they may have been instituted
was plaintiff; and persons for whose use suits are prosecuted shall be considered
as parties to the proceedings so far as to authorize judgments against them for costs,
and to make them liable for all fees of officers, as though their names were used
as plaintiff, and so far as to allow them to prosecute appeals, writs of certiorari and writs of error, and to execute the necessary bonds for these purposes.
Actions on bonds.
Sec. 2. In actions upon bonds, notes, and all other writings made assignable by law, in
the name of the assignee, the plaintiff shall not be held bound to prove the assignments
or the signature of any assignor unless the fact of assignment be put in issue by
plea, verified by the affidavit of the defendant or some credible person, stating
that he verily believes the facts stated in the plea are true.
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Appeals to Sup. Court.
Sec. 3. In all cases of appeals to the Supreme Court, where the appellant shall fail to prosecute the appeal, the Supreme Court shall, upon dismissing the appeal, enter judgment against the appellant for not less
than five nor more than ten per cent. upon the amount of the judgment, for damages
in consequence of the delay occasioned by such appeal.
Appeals to cir.[circuit] court.
Sec. 4. In cases of appeals to the circuit courts from judgments of justices of the peace, the appellee shall be entitled to judgment
not exeeeding ten per cent. damages upon the amount of the judgment, if the appeal is dismissed
for want of prosecution, or if the court shall be satisfied that the appeal was prosecuted
for purposes of delay.
Duty of sherif of Sangamon county.
Sec. 5. The sheriff of Sangamon county shall hereafter attend upon the Supreme Court in the same way that the sheriff of Fayette county has been heretofore required to do.
T. C. Kirkman & A. McPhail.
T. C. Kirkman.
Sec. 6. That Thomas C. Kirkman and Allen McPhail, justices of the peace, be each allowed the sum of five dollars for administering
the oaths required by law to the members of the General Assembly; also, to said Kirkman, the sum of twelve dollars for two days’ services as assistant clerk of the House of Representatives.
2Approved, March 2, 1839.
1On February 20, 1839, William Thomas introduced SB 253 in the Senate. On February 25, following the insertion of an amendment by a select committee,
the Senate passed the bill, and referred it to the House. On March 1, following the addition of two sections, the House passed the bill. That
same day, the Senate approved the House amendments. On March 2, theCouncil of Revision approved the bill, and the act became law.
Journal of the House of Representatives, at the First Session of the Eleventh General
Assembly, of the State of Illinois (Vandalia, IL: William Waters, 1838), 504, 570-71, 587; Journal of the Senate, at the First Session of the Eleventh General Assembly, of the
State of Illinois (Vandalia, IL: William Waters, 1838), 365, 404, 471, 481, 487, 510, 512.
Printed Document, 2 page(s), Laws of the State of Illinois, Passed by the Eleventh General Assembly (Vandalia, IL: William Walters, 1839), 271-72, GA Session: 11-1,