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Sec.[Section] 1. Be it enacted by the people of the State of Illinois Represented in the General Assembly That Polly Walters Administratrix and John Ellis Administrator of Hiram Walters late of Gallatin County deceased, be, and they are hereby authorised, to sell and convey so much of the real Estate of the said intestate; as shall be
sufficient to satisfy the debts due and owing by said Intestates Estate
Provided that such sale shall be at Public vendue, of which four weeks previous notice
shall be given in some public News Paper in this State, and by Advertisements Posted up in four of the most Public places in said CountyProvided further the lands to be sold under this act, shall be sold according to the
legal Subdivisions of United States lands, and if there should be any excess over
the sum necessary to pay the debts, of said Estate the same shall be paid over to
him her or those entitled to the same.2
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An Act for the relief of Polly Walters Administratrix and John Ellis Administrator of Hiram Walters deceased.
An Act for the relief of Polly Walters Administratrix and John Ellis Administrator of Hiram Walters deceased.
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[01]/[02]/[1837]
[01]/[02]/[1837]
Engrossed
1On December 19, 1836, John A. McClernand in the House of Representatives presented the petition of Polly Walters and John Ellis, administrators of the estate of Hiram Walters, requesting a law authorizing them to sell real estate. The House referred the
petition to a select committee. In response to this petition, McClernand of the select
committee introduced HB 39 in the House on December 27. 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., 75, 129, 162, 219, 295; Illinois Senate Journal. 1836. 10th G. A., 1st sess., 180, 188, 201, 209, 243.
2In 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, 2 page(s), Folder 39, HB 39, GA Session 10-1, Illinois State Archives (Springfield, IL) ,