Papers Of Abraham Lincoln

In force, Dec[December]. 8, 1835.

AN ACT for the relief of the heirs of Eli Pain deceased.
1

J. M. Peck authorised to sell estate.

Sec[Section]. 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That to prevent loss to the widow and heirs of Eli Pain, deceased, late of the county of St. Clair, and to enhance their interest; that J. M. Peck, is hereby authorised and empowered to sell and convey the west half of the north west quarter of section twenty six, in township two north, and in range seven west of the third principal meridian, the same being the property of the late Eli Pain deceased, to be sold, either at public auction or private sale, either on a credit, or for ready money, as may best conduce to the interest of said widow and heirs.2

Sec. 2. The said J. M. Peck shall vest the money arising from such sale in other lands or town lots to be purchased in the name and for the benefit of said widow and heirs, and erecting thereon such buildings and improvements as he shall deem conducive to the interest of said widow and heirs; Provided, That it shall appear from vouchers on file in the office of judge of probate of St. Clair county that the personal estate of said deceased is entirely solvent, and, Provided further, that the said widow shall acquire no greater interest in the property that may be purchased as herein provided, than she now has in the estate which the said J. M. Peck is hereby authorised to sell.

Give bond.

Sec. 3. The said John M. Peck before he shall sell said land, shall enter into bond in the penalty of eight hundred dollars, with good and sufficient security, to be approved by the judge of probate of St. Clair county, payable to the said widow and heirs, conditioned that the said John M. Peck, shall faithfully discharge the duties imposed on him by this act, and vest the proceeds of the said sale in the manner herein before provided, or to loan the same on interest for the benefit of the said widow and heirs as to him shall be deemed most advantageous to said widow and heirs, the said loan if so made shall be under the direction of the said judge of probate of St. Clair county, said bond may be put in suit by the obligees therein and a recovery had upon a breach of any of the duties enjoined upon the said Peck by said bond.

Make deed.

Sec. 4. The said John M. Peck is hereby authorised to make to the purchaser or purchasers of the property herein described the proper deed or deeds of conveyance for said premises, and the said purchaser or purchasers shall thereby acquire a good and indefeasible title to the said premises.

[ certification ]
12/08/1835
Field, Alexander P.

Certificate.

This bill having been laid before the Council of Revision and ten days not having intervened, before the adjournment

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of the General Assembly, and the said bill not having been returned with the objections of the Council on the first day of the present session of the General Assembly the said bill has become a law.

Given under my hand this 8th day of December 1835.
A. P. FIELD.
Secretary of State.

1On January 29, 1835, William Moore of the House of Representatives presented the petition of Salina Pain to the House, which referred the petition to the Committee on Finance. From committee, William Moore then introduced HB 178 in the House on the same day. The House referred it to a select committee. The select committee reported back the bill on January 31 with an amendment. The House referred the bill and proposed amendment to another select committee. The select committee reported back the bill with an amendment, in which the House concurred. The House passed the bill as amended on February 5. The Senate concurred on February 7. The Senate and House having laid the bill before the Council of Revision, and ten days not having intervened before the adjournment of the 1st session, and the Council having no objections, the act became law on December 8, the first day of the 2nd session.
Illinois House Journal. 1835. 9th G. A., 1st sess., 424, 455, 459, 502, 513, 518; Illinois Senate Journal. 1835. 9th G. A., 1st sess., 422, 443, 463, 475, 483; Illinois House Journal. 1835. 9th G. A., 2nd sess., 391.

2This was eighty acres of Illinois public land that Eli Payne had purchased in St. Clair County in 1829 for $100.
Illinois Public Domain Land Tract Sales, St. Clair County, 343:32, Illinois State Archives, Springfield, Illinois; Martha L. Benner and Cullom Davis et al., eds. The Law Practice of Abraham Lincoln: Complete Documentary Edition, 2d ed. (Springfield: Illinois Historic Preservation Agency, 2009), http://www.lawpracticeofabrahamlincoln.org/Reference.aspx?ref=Reference html files/LandMeasurement.html.