In force Jan. 1, 1835.
AN ACT to amend “An act for the Limitation of Actions, and for avoiding Vexatious
Law Suits," approved, 10th February, 1827.
1Right of entry barred after seven years.
Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That hereafter no person who now has, or hereafter may have any right of entry into
any lands, tenements or hereditaments, of which any person may be possessed by actual
residence thereon, having a connected title in law or equity, deducible of record
from this State or the United States, or from any public officer or other person authorized by the
laws of the State, to sell such lands for non-payment of taxes, or from any Sheriff, Marshall, or other
person authorized to sell such land on execution, or under any order, judgment or
decree of any court of record, shall make any entry therein, except within seven years
from the time of such possession being taken; but when the possessor shall acquire
such title after the time of taking such possession, the limitation shall begin to
run from the time of acquiring title.2
Actions to be brought within seven years.
Proviso.
Further provided.
Sec. 2. That every real possessory, ancestral or mixed action or writ of right brought for
the recovery of any lands, tenements, or hereditaments of which any person may be
possessed by actual residence thereon, having a connected title in law or equity,
deducible of record from this State or the United States, or from any public officer or other person authorized by the
laws of the State, to sell such land for the non-payment of taxes, or from any Sheriff, Marshall, or
other person authorized to sell such land on execution, or under any order, judgment
or decree of any court of record, shall be brought within seven years next after possession
being taken as aforesaid; but when the
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possessor shall acquire such title after taking such possession, the limitation shall
begin to run from the time of acquiring title: Provided, That possession as aforesaid, to bar the rights, actions and suits aforesaid, shall
have been continued in manner aforesaid, for the term of seven years next preceding
the time of asserting the right of entry, or the commencement of any such suit or
action: And provided further, That the heirs, devisees and assigns of the person having such possession and title,
shall have the same benefit of this act, as the person from whom the possession was
derived, could have had by virtue of such possession: And provided also, That in all the foregoing cases in this act mentioned, where the person who shall
have right of entry, title or cause of action, is or shall be at the time possession
is taken as aforesaid, under the age of twenty-one years, insane, imprisoned, feme covert, out of the limits of the United States, and in the employment of this State or the United States, such person may make such entry, or institute such action within
the time herein limited, after the several disabilities herein enumerated shall cease
to exist.
This act to take effect on the first day of June next.
Approved, Jan.[January] 17, 1835.
1William Thomas introduced SB 1 in the Senate on December 5, 1834. The Senate referred the bill to the Committee on the Judiciary.
On December 10, the Committee on the Judiciary reported back the bill with sundry
amendments. The Senate concurred with the amendments and ordered the amended bill
laid on the table. The Senate resumed consideration on December 15, committing the
bill to a Committee of the Whole House. On December 23, the Senate resolved itself
into a Committee of the Whole to consider the bill and amendments. The Senate concurred
with the Committee of the Whole in the first two amendments, but rejected the third.
On December 24, the Senate passed the bill as amended 19 to 7. On December 26 and
27, the House of Representatives resolved itself into a Committee of the Whole to consider the bill. The House referred
the bill to the Committee on the Judiciary. On December 31, the Committee on the
Judiciary reported back the bill with an amendment. The House referred the bill and
amendment to a select committee. On January 2, 1835, the select committee reported
back the bill without amendment and recommended concurrence in the report of the Committee
on the Judiciary. The House concurred with this recommendation and the Committee
on the Judiciary’s amendment. The House passed the bill as amended on January 5.
The Senate concurred on January 6. On January 17, the Council of Revision approved the bill and the act became law.Journal of the House of Representatives of the Ninth General Assembly of the State
of Illinois, at their First Session, Begun and Held in the Town of Vandalia, December
1, 1834 (Vandalia, Ill.: J. Y. Sawyer, 1835), 160, 162-63, 165, 171-72, 186-87, 199, 218,
282, 302, 318; Journal of the Senate, of the Ninth General Assembly of the State of Illinois, at
their First Session, Begun and Held in the Town of Vandalia, December 1, 1834 (Vandalia, Ill.: J. W. Sawyer, 1835), 62, 77-78, 94, 126-127, 132, 188, 191, 249,
252, 271.
Printed Document, 2 page(s), Laws of the State of Illinois, Passed by the Ninth General Assembly, at their First Session (Vandalia, IL:
J. Y. Sawyer, 1835), 42-43, GA Session: 9-1