Papers Of Abraham Lincoln

In force 8th Dec[December]. 1836.

AN ACT for the benefit of the persons therein named.
1

Nancy McCracken authorised to sell certain real estate.

Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That Nancy McCracken of Bond county, be, and she is hereby authorised and empowered to sell, either at private sale or public auction, as she shall deem best, one hundred and thirty-three and a third acres of land, situate in Clinton county, being in town two north, range five west of the third principal meridian,2 and formerly belonging to James McCracken, deceased; and now the property of the heirs of said James McCracken; and the said Nancy McCracken is hereby empowered to receive and receipt for the purchase money on such sale.

Shall give bond.

Sec. 2. The said Nancy McCracken shall, before she performs any act whatever, under the authority of this act, enter into bond to the people of the state of Illinois, in the sum of four hundred dollars, with Nancy and Nathan C. McCracken, James McCracken, and such other person or persons as security, as shall be required by the court of probate of Clinton county, conditioned for the faithful performance of the duties imposed on her by this act; which bond shall be filed with the said court of probate, and may in case of the breach of the condition, be proceeded upon in the manner prescribed by law against administrators and their securities, on administration bonds.

May make deed.

Sec. 3. The said Nancy McCracken, is hereby empowered to make, seal and deliver, and acknowledge all necessary deeds of conveyance for said land; and when she receives the purchase money, she is hereby required to

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purchase other lands with the same, in the county of Bond, and to take a deed for the same to Nathan McCracken, James McCracken, and John McCracken, heirs of James McCracken, deceased; and she is hereb yrequired to make report of all her proceedings under this act, to the judge of probate of Clinton county aforesaid.

[ certification ]
Field, Alexander P.

Certificate.

This bill having been returned by the Council of Revision at the end of the last session of the General Assembly, as not acted upon for want of time, and not having been laid before the legislature on the first day of the present session, it has become a law the eighth day of December 1835.
A. P. FIELD,
Secretary of State.

1On January 21, 1835, James Outhouse of the House of Representatives presented the petition of Nancy McCracken requesting a law that would allow her to sell real estate. The House referred the petition to a select committee. Outhouse from the aforementioned select committee introduced HB 148 in the House on January 23. On January 24, the House referred the bill to a select committee. The select committee reported back the bill on January 26 with an amendment, in which the House concurred. The House passed the bill as amended on January 27. The Senate concurred on January 31. The House and Senate submitted the bill to the Council of Revision on February 5, but the Council returned it at the end of the session, having not acted upon it for want of time. Not having been laid before the General Assembly on the first day of the new session, the act became law on December 8.
Illinois House Journal. 1835. 9th G. A., 1st sess., 345, 362, 378, 381, 388, 403, 465; Illinois Senate Journal. 1835. 9th G. A., 1st sess., 351, 377, 394, 436, 441; Illinois House Journal. 1835. 9th G. A., 2nd sess., 381, 397.

2Town two north, range five west, was in the western part of Clinton County.
“Counties, Townships, and Ranges in Illinois,” Maps, Martha L. Benner and Cullom Davis et al., eds., The Law Practice of Abraham Lincoln: Complete Documentary Edition, 2d edition (Springfield: Illinois Historic Preservation Agency, 2009), http://www.lawpracticeofabrahamlincoln.org/Reference.aspx?ref=Reference html files/LandMeasurement.html.