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Duty of Sec. of State
victs to the penitentiary," approved March 2d, 1839, be and the same are hereby repealed.
Sec. 9. This act to be in force from and after its passage; and the Secretary of State is hereby required to make and transmit a certified copy of the same immediately after its approval, to the inspectors of the penitentiary.
APPROVED, March 2d, 1843.
AN ACT in relation to a poor house in Jersey county. Feb. 20, 1843.
Sec. 1. Be it enacted by the People of the State of Mlinois, represented in the General Assembly, That the county com.
missioners' court of Jersey county, or any other county in Counties au. this State, may, if they shall at any time hereafter deem it to appropriate
the interest of said county, appropriate out of any fund appromoney for the priated to said county for any purpose, or other money be. erection of longing to said county, any sum not exceeding two thousand poor houees five hundred dollars, for the purpose of purchasing a farm,
and erecting thereon suitable buildings for a poor house for said county, as contemplated by an act to amend an act entitled "an act for the relief of the poor," approved February twenty-first, one thousand eight hundred and thirty-nine.
Sec. 2. This act shall be in force from and after its passage; any law to the contrary notwithstanding.
APPROVED, February 20th, 1843.
In force, AN ACT to revive an act to provide for settlers on lands purchased by Feb. 21, 1843.
Sec. 1. Be it enacted by the People of the State of Nlinois Right of pre- represented in the General Assembly, That any person having emption gran- become an actual settler on any forty or eighty acre tract of on lands of the State lands, selected under the internal improvement sys
tem previous to the entry of said land by the State, he or she
passage of this act, at the price of one dollar and twenty five cents per acre, with six per cent. inter
est from the date of entry by the State; Provided, that such proving pre- settler shall file his claim, within three months from the pasemption
sage of this act, with the Auditor of Public Accounts, authenticated by affidavit before some person having authority to administer oaths under the laws of this State, particularly and accurately describing such tract or tracts of land, and that said settler had settled on the same previous to the entry the same by the State.
APPROVED, February 21st, 1843.
AN ACT relative to probate justices of the peace.
Feb. 1, 1843. Sec. 1. Be ii enacted by the People of the State of Illinois, represented in the General Assembly, That hereafter the Probate jug
tices may reprobate justice of the peace of any county of this State may sign their of resign his office by tendering a written resignation thereof to fices the clerk of the court of county commissioners of the county. Sec. 2. Any vacancy which may have occurred, or which Vacancy how
filled shall hereafter occur, in the office of probate justice of the peace, may be filled by a special election, according to the laws of this State applicable to such election. Sec. 3. Any election of a probate justice of the peace Election con
firmed which may have been held before this act shall take effect, to fill any vacancy in the office, whether such vacancy shall have happened by resignation or otherwise, shall be as valid and effectual as if this act had been in force at the time of the occurring of such vacancy and election.
SEC. 4. All decrees, judgments and official acts which may Acts of prohave been made, rendered, or done by any probate justice, confirmed whose election is confirmed by the last preceding section of this act, shall be as valid and effectual in law as if this act had been passed previous thereto. Sec. 5. Probate justices of the peace shall hereafter have Powers of
probate justhe same power to take and certify acknowledgments and tices proofs of deeds and other instruments, and to take affidavits and administer oaths, that ordinary justices of the peace have, and all acknowledgments and proofs of deeds and other instruments, and certificates thereof, and all affidavits and oaths, which have hitherto been taken or made by or before any probate justice of the peace in this State, shall be as valid and effectual as if this act had passed previous to the taking or making of the same.
Sec. 6. This act shall take effect from the day of its passage.
APPROVED, February 1st, 1843.
AN ACT to legalize the acts of certain officers therein named. In force,
Feb. 2, 1843. WHEREAS, John Bainbridge was elected in the month of Sep. Preamble
tember, 1839, to the office of probate justice of the peace, clerk of the county commissioners' court, and county recorder in and for the county of Williamson, and State of Illinois, who took upon himself the duties of said offices and continued to execute the same until some time in the month of May, 1840, when he resigned his said offices; and whereas, Elijah McIntosh was elected in the said month of May, 1840, to fill the vacancy of said Bainbridge, resigned, who took upon hin:self the duties of the said office of probate justice of the peace, clerk of the county commission
ers' court, and county recorder, in and for said county of Williamson, and continued to execute the same for some time; and whereas, it appears that neither John Bainbridge nor Elijah McIntosh was duly qualified and commissioned, as is and was required by the laws of the State of Illinois in such cases made and provided; now therefore,
Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That all and singular Acts of pro- the acts of the said John Bainbridge and Elijah McIntosh as bate justices, such probate justices of the peace, clerks of the county comclerks and re-inissioners' court, and county recorders, in and for the county corders of Williamson of Williamson aforesaid, be and they are hereby declared co. legalized legal and binding to all intents and purposes, both at law and
in equity, as if the said John Bainbridge and Elijah McIntosh had been duly qualified and commissioned as is and was required of the laws of the State of Illinois in such cases made and provided. This act to be in force from and after its passage.
APPROVED, February 20, 1843.
In force, AN ACT entitled "an act regulating the sale of property on judgments Jan. 6, 1813.
Sec. l. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That when any execu. Property lev. tion, fee bill, or attachment, shall be issued out of the courts of jed upon to be this State, whether of record or not, and shall be levied on
any real or personal property, or both, it shall be the duty of Appraisers
the officer levying such execution to summon three disinterhow selected ested householders of the vicinity where such property,
levied on, one of whom may be chosen by the defendant in execution, and one by the plaintiff
, the other by the officer; Provided, in all cases where either or both parties shall fail
, refuse, or neglect to make such choice, or in case of a choice, if such appraisers shall fail, refuse, or neglect to make such appraisement, then it shall be the duty of such officer to choose or summon such householders for them, when the said officer
shall administer an oath to them well and truly to value all To be sworn
property as may be by him pointed out to them at its fair How valued and reasonable value in ordinary times, and they, or a major
ity of them, shall make out a list of said property so valued by.
them, annexing the valuation of each article, or species of Not to be sold property thereto, and sign the same, which list shall be anfor less than nexed to the execution; and when such property shall be
offered for sale it shall not be struck off unless two-thirds of
the valuation thereof shall be bid for the same; Provided alPlaintiff may ways, the plaintiff in execution may elect on what property he alect proper- will have the same levied, except the homestead on which
the defendant resides, which shall be last taken in execution,
and in all other executions issued from any courts, not of record, the plaintiff may elect on what personal property he will have the same levied, excepting and restrving, however, to the defendant in execution, in all cases, such an amount and quantity of property as is now exempt from execution by the laws of this State; And provided further, that all sales of Sales of mort. mortgaged property shall be made according to the provi-gaged propsions of this act, whether the foreclosure be by judgment, form to this decree in chancery, or otherwise; also, all sales by commis-act sioners, masters in chancery, or other persons acting by authority of any of the courts of this State, shall be made in strict conformity to this act; Furthermore, the provisions of this act shall extend to all contracts, judgments, deeds of trust, This act apand mortgages wherein the mortgagee has reserved the right plicable to
deeds of trust to sell the mortgaged premises, executions and debts of every &c. kind and character which now exist, or may hereafter be made, excepting nowever, those which are made in default
Escoption as a public officer, executor, administrator, or guardian, or while acting in any other fiduciary capacity; Provided furthermore, in all cases where any person, or persons may now be, or hereafter become indebted to any school commissioner or trustee, or treasurer of any school funds, and such person shall fail to pay the interest thereon, or after having been notified, shall neglect, fail, or refuse to renew his or her note, with additional security, as is now provided by law, then in such case the property shall be subject to sale without the benefit of the provisions of this act; but in all cases the debtor shall be allowed to stay the collection of the principal of any sum Debts due of money in any way due to the school fund by giving good may be staid and sufficient security, and by paying the interest and cost thereon punctually as it becomes due, whether judgment has Property been obtained thereon or not; Provided, that in all cases in fraudulently which the property offered, or to be offered for sale, has been conveyed to
be sold with decided by the proper court to have been fraudulently con-out valuation veyed by the execution debtor to avoid paying his debts, the same shall be sold without valuation.
Sec. 2. When any real or personal property shall be levied No more proon and appraised in the manner prescribed by this act, and perty. to be the same shall be susceptible of division, no greater quantity
sold than will pay
debt thereof shall be sold than is sufficient to pay the debt and proper costs thereon in accordance with the valuation, and when any execution shall be levied on any house, or houses, lot, or lots, or other real estate situated in any city, town, or village, or elsewhere, not susceptible of division, the officer, at
An interest in the request or direction of the plaintiff, shall proceed to offer property may debele
and costs, and in case of sale the purchaser shall become Tenants in tenant in common in said property; Provided, that in case of common the sale of any real estate the same rights of redemption shall enure to the defendant and judgment creditors as is now pro
vided by law; any thing in this act to the contrary notwith
standing Second exe
Sec. 3. Whenever any execution, issued by any of the cution how courts of this State, whether of record or not, and the same issued
shall have been levied and the property, whether real or personal, fails to sell, there shall no other execution issue, or costs accrue thereon (for the same debt) for twelve months, except at the expense of the plaintiff.
Sec. 4. Whenever any officer, or other person, offers for Property not sale any real or personal property, and the same fails to sell sold to be redelivered to
according to the provisions of this act for the want of bidders, defendant it is hereby made the duty of such officer to re-deliver said
property to the defendant. Personal pro•
Sec. 5. All sales of personal property, made by virtue of any perty when execution, order, or decree of any of the courts of this State, sold
whether of record or not, shall be made at the residence of the defendant; Provided, he or she has a place of residence in the
county where such process, execution, or decree exists; except Proviso the defendant otherwise requests; Provided, in all cases where
the defendant fails to give the officer a delivery bond, in the manner now prescribed by the laws of this State, said officer in such cases may remove and sell said property where he may
choose, subject to valuation. Pay of ap
Sec. 6. Any person or persons summoned to appraise any praisers property under the provisions of this act, shall be entitled to
twenty-five cents each for all sums where the judgment is one hundred dollars and under, and where said judgment exceeds
one hundred dollars, they shall be entitled to fifty cents each, Penalty for to be added to the costs of suit, and to be paid as other costs; not attending and for failing to attend when summoned so to do, shall there
by forfeit and pay a fine not under one Jollar nor exceeding three dollars, to be collected before any justice of the peace as other fines, and paid over to the county in the same man; ner; Provided, in all cases where any appraiser fails to attend
and has a legal excuse, he shall not be fined. Act repealed Sec. 7. All acts and parts of an act entitled "an act passed
in the General Assembly of this State regulating the sale of property," approved February the twenty-seventh, in the year of our Lord one thousand eight hundred and forty-one, are
hereby repealed. This act to take effect from and after its Duty of Sec. passage; Provided furthermore, it is made the special duty of of State the Secretary of State to transmit immediate to the clerks of
the courts of the several counties in this State, twenty copies
of this act for the use of each of said counties. This act shall Limitation of extend only to contracts made before the first day of January,
in the year of our Lord one thousand eight hundred and fortythree, and to all bonds, notes, and other securities which may hereafter be given to renew or secure the payment of debts existing before that time.
Sec. 8. Whenever a judgment shall hereafter be rendered on any contract bearing date after the first day of January,