Illinois Compiled Statutes

5 ILCS 50/1 (2026)

That the common law of England, so far as the same is applicable and of a general nature, and all statutes or acts of the British parliament made in aid of, and to supply the defects of the common law, prior to the fourth year of James the First, excepting the second section of the sixth chapter of 43d Elizabeth, the eighth chapter of 13th Elizabeth, and ninth chapter of 37th Henry Eighth, and which are of a general nature and not local to that kingdom, shall be the rule of decision, and shall be considered as of full force until repealed by legislative authority

✓ current as of May 2026

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(5 ILCS 50/1) (from Ch. 1, par. 801)

Sec. 1.

That the common law of England,
so far as the same is applicable and of a general nature, and all
statutes or acts of the British parliament made in aid of, and to supply
the defects of the common law, prior to the fourth year of James the
First, excepting the second section of the sixth chapter of 43d
Elizabeth, the eighth chapter of 13th Elizabeth, and ninth chapter of
37th Henry Eighth, and which are of a general nature and not local to
that kingdom, shall be the rule of decision, and shall be considered as
of full force until repealed by legislative authority.

(Source: R.S. 1874, p. 269.)

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1996–2024 · leading case: Lebron v. Gottlieb Mem'l Hosp., 930 N.E.2d 895 (Ill. 2010).

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Lebron v. Gottlieb Mem'l Hosp., 930 N.E.2d 895 (Ill. 2010). · cites it 2× “(West 2008)) expressly provides: "The common law of England, so far as the same is applicable and of a general nature, and all statutes or acts of the British parliament made in aid of, and to supply the defects of the common law, prior to the fourth year of James the First,…”

K. Miller Const. Co., Inc. v. McGinnis, 913 N.E.2d 1147 (Ill. App. Ct. 2009). · cites it 2× “2d 21 , citing 5 ILCS 50/1 (West 1994) (Act adopting the common law of England).”

Canel v. Topinka, 818 N.E.2d 311 (Ill. 2004). “” 5 ILCS 50/1 (West 2002). This court, however, has not had the occasion to determine the applicability of the doctrine of bona vacantia to Illinois jurisprudence.”

Maksimovic v. Tsogalis, 687 N.E.2d 21 (Ill. 1997). “5 ILCS 50/1 (West 1994); People v. Gersch, 135 Ill.”

Penberthy v. Price, 666 N.E.2d 352 (Ill. App. Ct. 1996). “We believe that it is important to begin this discussion by tracing the growth of the law on the subject of survival of actions.”

Provena Covenant Med. Ctr. v. Dep't of Revenue, 894 N.E.2d 452 (Ill. App. Ct. 2008). “250, 252 (1934); 5 ILCS 50/1 (West 2006)), the supreme court has held that “ ‘[c]harity,’ in the legal sense, is not confined to mere alms[ ]giving or the relief of poverty and distress but has a wider signification, which embraces the improvement and promotion of the happiness…”

Hopman v. State Farm Mut. Auto. Ins. Co., 2024 IL App (2d) 230423-U (Ill. App. Ct. 2024). · cites it 2× “I, § 12)) and the Illinois Common Law Act (5 ILCS 50/1 (West 2022)). ¶ 11 A motion to dismiss brought under section 2-615 of the Code attacks the sufficiency of the complaint, on the basis that, even assuming the allegations of the complaint are true, the complaint does not…”

Canel v. Topinka (Ill. 2004). “” 5 ILCS 50/1 (West 2002). This court, however, has not had the occasion to determine the applicability of the doctrine of bona vacantia to Illinois jurisprudence.”

Provena Covenant Med. Ctr. v. Dep't of Revenue (Ill. App. Ct. 2008). “250, 252 (1934); 5 ILCS 50/1 (West 2006)), the supreme court has held that " '[c]harity,' in the legal sense, is not confined to mere alms[]giving or the relief of poverty and distress but has a wider signification, which embraces the improvement and promotion of the happiness…”

Maksimovic v. Tsogalis (Ill. 1997). “(footnote: 2) Our holding here, as in Geise , rests squarely on the language of the Act and the policy underlying it. Common law rights and remedies are in full force in this state unless repealed by the legislature or modified by the decision of our courts.”

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