Amend the Bill by striking out all after the Enacting clause and insert the following:
That all deeds, heretofore executed, or which may hereafter be executed by any sheriff
or other officer for any real estate sold on execution, upon being acknowledged or
proven, before any clerk of a court of record, ^in this state^ and certified under the seal of such court, shall be admited to record in the county where the real estate sold shall be situated.
Sec[Section] 2. The successor of any sheriff or other officer shall be [...?] shall be authorized to execute deeds for real estate sold by the predecessor, or
to acknowledge any deed executed and not acknowledged by such predecessor.
Sec 3. Deeds heretofore executed by officers for real estate sold on Execution and acknowledged
or proven, and certified, in the manner required by Law for the acknowledgment or
proof of deeds of conveyance, shall be considered as having been duly executed.
Sec 4. All deeds executed and acknowledged or proved, according to the provisions of
this act, shall be deemed to have been duly executed, and shall be admited as evidence, without further proof of the execution thereof.
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This adopted as substitute
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Sec 1st Be it enacted by the people of the State of Illinois represented in the General Assembly, That when a sheriff or other officer has heretofore executed or shall hereafter
execute a deed for Land or tenements which he may have sold by virtue of any execution,
it shall be his duty to acknowledge the same before the clerk of the circuit court
for the county of which he is Sheriff or other officer, and the clerks certificate
of such acknowledgment shall be prima facie evidence of the execution thereof
Sec. 2. That when any sheriff or other officer shall go out of office, not having made
a deed for any Lands or tenements which he may have sold by virtue of any execution,
it shall be Lawful for him, his successors in office, or if he be dead, for his successors,
his executors or administrators to make and acknowledge a Deed for the same before
the clerk of the circuit court for the county of which he was sheriff or other officer.
Sec 3. When any Sheriff or other officer has heretofore executed a deed for Lands or
tenements sold by him or his predecessors by virtue of any execution and failed to
acknowledge the same according to Law it shall be Lawful for such sheriff or other
officer or if he be dead his successor in office Administrator or executor whether
his term of office may have expired or not to acknowledge such Deed [...?] before the clerk of the circuit court, for the ^county^ of which he was such sheriff or other officer, and such acknowledgement shall be prima facie evidence of the execution thereof.
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That when: a Sheriff or other officer has heretofore executed a deed for lands or
tenements sold by him by virtue of any execution, and has failed or neglected to acknowledge
the same as provided by law, The due execution of such deed may be proved by the
Clerk of the Circuit Court for the County of which he was such Sheriff or other officer
by the testimony of any subscribing witness to such deed, or if there be no subscribing
witness then by proof of the hand writing of such sheriff or other officer, and the
Clerks Certificate of such proof shall be deemed prima facie evidence of the execution of such deed.
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[12]/[19]/[1835]
[12]/[19]/[1835]
Engrossed
Handwritten Document, 6 page(s), Folder 47, HB 48, GA Session: 9-2,
Illinois State Archives [Springfield, IL] ,