1
Sec[Section] 1. Be it enacted by the people of the State of Illinois Represented in the General Assembly That the Guardian or Guardians2 of Mary A. C. Marshall. Elizabeth E. Marshall. and Margaret B. Marshall minor heirs of James Marshall deceased lake of Jackson County, are hereby authorised and empowered to sell at Public vendue, on giving four weeks Public notice of the
time, and place of sale in some newspaper printed in this State all the right, title, and interest of the said minor heirs, in and to the west half
of the North west quarter of Section Number Five in Township number Eight, South,
of range Four West,3 together with all the improvements thereon, and the appurtenances thereunto belonging,
on a credit of Twelve months
Sec 2. The said Guardian or Guardians shall vest the money arising from such sale in
lands to be entered at any Public land office in this State Provided however if the personal Estate of the said deceased, is insufficient to
pay all the debts against the estate, the proceeds of the sale of the said land or
so much thereof as necessary shall be applied in payment of the same
Sec 3. The said Guardian or Guardians before the sale of said lands, shall enter into
a Bond to the people of the State of Illinois for the use of the said minor heirs with such security, and in such sum, as the Judge
of Probate of Jackson County shall direct, and shall file the
<Page 2>
same in the office of the said Judge of Probate conditioned that the said Guardian
or Guardians shall faithfully perform all the duties imposed upon them by this act
Sec. 4. The said Guardian or Guardians are hereby authorized to make to the purchaser
or purchasers of the property aforesaid, the proper deed or deeds of conveyance, for
the same, and such deed or deeds shall pass all the interest of the said minor heirs
in the said lands to the said purchaser or purchasers.
Sec 5. This act shall take effect and be in force from and after its passage4
<Page 3>
<Page 4>
[ docketing
]
24
[ docketing
]
58
[ docketing
]
[ docketing
]
[01]/[02]/[1837]
[01]/[02]/[1837]
Engrossed
1On December 15, 1836, Samuel G. Thompson in the House of Representatives presented the petition Catharine Marshall and Arthur Morrow, guardians of the minor
heirs of James Marshall, deceased, requesting an act authorizing them to sell the lands of said heirs. The
House referred the petition to a select committee. In response to this petition,
Thompson of the select committee introduced HB 27 in the House on December 21. The
House passed the bill on January 9, 1837. On January 13, the Senate referred the bill to the Committee on the Judiciary. The Committee on the Judiciary
reported back the bill on January 18 without amendment, recommending its rejection,
and the Senate concurred.
Illinois House Journal. 1836. 10th G. A., 1st sess., 53, 89, 162, 219, 295; Illinois Senate Journal. 1836. 10th G. A., 1st sess., 180, 188, 201, 209, 243-44.
3Located in the northwest portion of Jackson 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.
4In its report recommending rejection of the bill, the Senate Committee on the Judiciary argued that the relief sought by the applicants could
be best obtained through the courts, and that this and other petitions for relief
properly belonged with the judicial branch, the Legislature having no constitutional authority to act in these matters. The Committee on the
Judiciary recommended rejection of another bill using the same argument.
Illinois Senate Journal. 1836. 10th G. A., 1st sess., 243-44.
Handwritten Document, 4 page(s), Folder 27, HB 27, GA Session 10-1, Illinois State Archives (Springfield, IL) ,