Whereas the Constitution of this State Article 7^th Section fifteen, declares that no person shall be imprisoned for debt, unless upon refusal to deliver up his Estate for the benefit of his creditors in such manner as Shall be prescribed by Law, or in cases where there is a strong presumption of fraud:

Be it Enacted by the people of the state of Illinois represented in the general assembly,

Sec^t[Section] 1^st That hereafter no person shall be arrested, imprisoned, or held to bail Either on mesne or final process, unless the creditor or his agent or attorney, bring a credibal person, Shall first make affidavit before the before the clerk or other officer whose duty it may be to issue the capias, which affidavit in addition to that of indebtedness, Shall expressly state that the person sought to be arrested, imprisoned, or held to Bail has property in his own right, and has refused to surrender the same for the benefit of his creditors in manner prescribed by Law, or that he has removed his property, or transferred the same to others, with intent to defraud his creditors, or that he intends to remove or transfer his property with that intent, or that he has incured the debt with fraudulent intent, or in the capacity of executor or administrator, or of collector or Trustee of any public money, and the said creditor, or his agent or attorney making said affidavit Shall also give a Bond with one or more sufficient Sureties, to be approved by the office issuing said

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capias, to the people of the state of Illinois, for the use of the person sought to be arrested, imprisoned[,] or held to bail, in double the amount Sworn to, Conditioned for satisfaction and payment of all costs which may be awarded to the defendant and also all damages which shall be recovered against the plaintiff for unlawfully suing out such capias, which bond and affidavit shall be filed in the office of the clerk or other officer issuing said the Capias, and any capias that Shall be served without such affidavit and bond first taken and filed, shall subject the clerk or other officer issuing the same to an action of false imprisonment.

Sec.[Section] 2^d This act shall apply to all Courts whatever, and to justices of the Peace within this state.

Sec 3^d So much of any former act or acts as may be repugnant to the provisions of this act is hereby repealed.2

Sec 4^th hereafter the penalty in any bail Bond for debt shall not be a greater Sum than one hundred dollars, over and above the amount of debt Sworn to

This act to take Effect from and after the first day of April next.