Papers Of Abraham Lincoln

In force July 21st, 1837.

AN ACT to amend an Act concerning Process, Approved February 25, 1837, and for other purposes.
1

Process issued by clerks declared good.

Shall not be quashed.

Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all process, of whatever kind or description, issued by any of the clerks of the circuit courts of this state, since the first day of May last, when the above recited act took effect, and bearing teste in the name of the judge of said circuit, be and the same is hereby declared to be good and valid in law, in respect to such teste, in the same manner as though said writs had (borne) teste in the name of the clerks; and no such process shall be quashed or set aside, or held to be null and void for any such cause.

Duty of public printer.

Clerks to file.

Sec. 2. The public printer shall immediately insert in his paper, and forward one copy of the above act, to each of the clerks’ offices in this state, to be filed by said clerk in his office.

Guardian of heirs of McAllister, to file bond.

Power to sell lots of land.

Sec. 3. That when the guardian of the infant heirs of Alexander McAllister, deceased, shall have filed with the probate court of the county of Schuyler, a bond with good and sufficient securities, to be approved of by said court, in such sum as may be deemed sufficient by said court, conditioned for the faithful discharge of the duties enjoined by this act, said guardian shall be, and hereby is empowered to sell and convey by sufficient deeds, all or such number of the lots, belonging to the said Alexander McAllister, deceased, lying in and adjacent to the town of Rushville, in the county of Schuyler, as the court aforesaid may deem most advantageous for the said heirs.

Sec. 4. The aforesaid probate court, may order said

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lots to be sold for cash or on a credit not to exceed ten years, at public or at private sale, as to said court may seem best calculated to secure the interests of the heirs of said Alexander McAllister, deceased.

This act to take effect and be in force from and after its passage.

Approved, 21st July 1837.2

1Alexander P. Dunbar introduced HB 64 in the House of Representatives on July 15, 1837. The House of Representatives referred the bill to a select committee. The select committee reported back the bill on July 17 with amendments, in which the House concurred. The House passed the bill as amended on July 18, amending the title by adding the words “and for other purposes.” The Senate concurred on July 19. On July 21, the Council of Revision approved the bill and the act became law.
Journal of the House of Representatives of the Tenth General Assembly of the State of Illinois, at a Special Session of the General Assembly, Begun and Held in the Town of Vandalia, July 10, 1837 (Vandalia, IL: William Walters, 1837), 81, 89, 108, 132, 148, 163; Journal of the Senate of the Tenth General Assembly of the State of Illinois, at a Special Session, Begun and Held in Vandalia, July 10, 1837 (Vandalia, IL: William Walters, 1837), 91, 100, 102, 117.

2On July 18, 1837, the House of Representatives amended the bill by adding to the title the words “and for other purposes.”
Journal of the House of Representatives of the Tenth General Assembly of the State of Illinois, at a Special Session of the General Assembly, Begun and Held in the Town of Vandalia, July 10, 1837 (Vandalia, IL: William Walters, 1837), 108.