A Bill for an act to amend an act entitled “an Act relative to promissory notes, bonds,
due bills, and other instruments in writing, and making them Assignable”1 Approved Jan.[January] 3. 18272
Sec[Section] 1. Be it enacted by the People of the State of Illinois represented in the General Assembly That if any promissory note, bond, due bill, or other instrument in writing made
or to be made by any person or persons body politic or corporate whereby such person
or persons promise or agree to pay any sum of money or articles of personal property,
or any sum of money in personal property, or acknowledge any sum of money or article
of personal property to be due to any other person or persons, shall be endorsed either
before or after the day on which the money or property therein mentioned become due
and payable, and the endorser shall institute an action thereon against the maker
and signer of the same, the defendant being maker and signer shall be allowed to set
up the same defence that he might have done, had the said action been instituted in the name, and for
the use of the person or persons to whom the said note bond bill or other instrument
in writing was originally made due and payable. Provided, The said defenda such defendant shall not be permitted to avail himself of any payment to, or release
from the payee or payees, made after such bond note, bond, bill, or other instrument in writing shall have been endorsed.
Sec. 2 This act repeals The third and fourth sections and the Proviso at the end of the fifth section of
the act to which this is an amendment is
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hereby repealed. Provided The repeal thereof shall not affect any rights or defences acquired under the same. This act to take effect and be in force from and after the
first day of June next.
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A Bill for
An Act to Amend An act entitled “An act Relative to promissory notes, bonds, due bills and other instruments in writing And making them assignable,[”] approved Jan 3. 1827
An Act to Amend An act entitled “An act Relative to promissory notes, bonds, due bills and other instruments in writing And making them assignable,[”] approved Jan 3. 1827
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[12]/[24]/[1834]
[12]/[24]/[1834]
Judiciary
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[01]/[24]/[1835]
[01]/[24]/[1835]
rejected
1“An Act relative to Promissory Notes, Bonds, Due Bills, and other instruments in writing,
and making them assignable,” 1 July 1827, The Revised Code of Laws of Illinois (1827), 320-23.
2Edwin B. Webb introduced HB 46 in the House of Representatives on December 23, 1834. On December 24, the House referred it to the Committee on
the Judiciary. On January 24, 1835, the Committee on the Judiciary reported back
the bill without amendment, recommending its rejection. The House refused to engross
the bill for a third reading by a vote of 22 yeas to 23 nays, with Abraham Lincoln voting yea.
Illinois House Journal. 1835. 9th G. A., 1st sess., 34, 149, 158-59, 373.
Handwritten Document, 2 page(s), Folder 35, HB 46, GA Session: 9-1,
Illinois State Archives (Springfield, IL) ,