People ex rel. Dolan v. Herr

Citations

• 81 Ill. 125

Syllabus

<p>1. Justice’s bond—remains in force only five years after office expires. Under the law in force in 1866, the official bond of a justice of the peace ceases to have any force after five years from the expiration of the justice’s term of office, and no action can be maintained on it after that time.</p> <p>2. Same—statute not one of limitation. The statute making bonds of justices of the peace inoperative and void after a certain time, while in the nature of a statute of limitations, is not such, and the defense may be availed of without being specially pleaded.</p> <p>3. Statute—repeal—saving rights. The repeal of a statute, when it is declared that it shall not be construed to affect any right or remedy existing at the time the repealing act takes effect, will have no effect upon a prior cause of action.</p>