Papers Of Abraham Lincoln

In force 27th Feb.[February] 1837:

AN ACT to define the extent of possesion in cases of settlement on the public lands.
1

Actions of trespass, ejectment &c.[etc.]

Congress land.

Possession in absence of paer title, how considered.

Proviso.

Further proviso

Further proviso

Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That hereafter in all actions of trespass, quare clausum freget trespass, and ejectment, and forcible entry and detainer, as well as forcible detainer, only where any person or persons may be settled on any of the public lands in this State, when the same have not been sold by the general government, his, her, or their possession shall, in the absence of paper title, be considered on the trial as extending to the number of acres embraced by the claim of such person or persons, according to the custom of the neighborhood in which such lands may be situated: Provided, That such claim shall not exceed in the whole three hundred and twenty acres: Provided further, That where the lands have been surveyed, such claim shall not exceed one hundred and sixty acres,2 and be ascertained by land marks so plainly made that the same may be designated from the other lands contiguous thereto in the same neighborhood of country: And provided further, That such claim shall not be plead or setup in bar of any action, at any time commenced or to be commenced, by a bona fide purchaser or purchasers of such lands from the United States, or person entitled to a right of pre-emption on the same, under any act of Congress now in force or hereafter to be in force.

This act to take effect from its passage.3

Approved 27th February, 1837.

1Joseph Naper introduced HB 33 in the House of Representatives on December 23, 1836. The House referred the bill to the Committee on the Judiciary. The Committee on the Judiciary reported back the bill on January 5, 1837, with amendments, in which the House concurred. On January 9, the House amended the bill by adding language to the end of the further proviso. The House passed the bill as amended. On January 10, the Senate referred the bill to a select committee. The select committee reported back the bill on January 23 with amendments, and the Senate tabled the bill and proposed amendments. On February 3, the Senate took up the bill and proposed amendments and referred them to a select committee. The select committee reported back the bill on February 7 with an amendment, in which the Senate concurred. The Senate passed the bill as amended on February 8. On February 25, the House concurred in the Senate amendments. On February 27, the Council of Revision approved the bill, and the act became law.
Illinois House Journal. 1836. 10th G. A., 1st sess., 77, 96, 176, 221, 515, 714, 726, 739; Illinois Senate Journal. 1836. 10th G. A., 1st sess.,180, 189, 273, 346, 358, 366, 530-31, 536.

2On February 7, 1837, the Senate amended the bill by adding the first part of this proviso.
Illinois Senate Journal. 1836. 10th G. A., 1st sess., 358.

3On January 9, 1837, the House of Representatives amended the bill by adding the language starting with the words, “or person entitled to a right,” and continuing through the enactment clause.
Illinois House Journal. 1836. 10th G. A., 1st sess., 221;