Papers Of Abraham Lincoln

In force Dec.[December] 6th, 1837

AN ACT to authorise the sale of the real estate of D. L. W. Jones, deceased and for other purposes.
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Administrator authorised to sell real estate

In this State & Michigan territory

Proceeds to be applied to the liquidation of the debts, and residue how invested

Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the administrator of the estate of D. L. W. Jones deceased, late of Cook county, be and he is hereby authorised to sell at public or private sale such of the real estate of said decedent, as is situated within this State and the territory of Michigan, the proceeds whereof shall be applied to the liquidation of the debts of said decendent, and the residue to be invested in some productive real property, or public securities under the advice and with the consent of the judge of probate of said county of Cook, for the use and benefit of the

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widow and child of the deceased, in the proportions severally due them, according to the law in such cases.

Administrator to give bond with security.

Proviso.

Sec. 2. The said administrator previously to making sale of any of said property, shall enter into bond for the faithful performance of the duties herein provided, in such penalty and with such surety as shall be prescribed by the judge of probate of Cook county, and with such other conditions as should be deemed by said judge necessary to be inserted for the purpose of effectually securing to the widow and heiress of the deceased their several portions of the proceeds of such sale, Provided, That no sale shall be made of any of said property by virtue of this act, without the consent of the said widow shall be first filed in the office of the said judge of probate.

[ certification ]
12/06/1836
Field, Alexander P.

This bill having been laid before the council of revision, and ten days not having intervened before the adjournment of the general assembly, and the said bill not having been returned with the objections of the council on the first day of the present session of the general assembly, the same has become a law.

Given under my hand the 6th day of December 1836.
A. P. FIELD,
Secretary of State.

1On December 30, 1835, James M. Strode in the Senate presented the petition of James Whitlock, administrator of the estate of David L. W. Jones, deceased. The Senate referred the petition to a select committee. In response to this petition, Strode of the select committee introduced a bill in the Senate on December 31. The Senate passed the bill on January 4, 1836. On January 11, the House of Representatives referred the bill to the Committee on the Judiciary. The Committee on the Judiciary reported back the bill on January 13 with an amendment, recommending its passage. The House passed the bill as amended on January 14. The Senate and House having laid the bill before the Council of Revision, and ten days not having intervened before the adjournment of the second session of the Ninth General Assembly, and the Council not having returned the bill with objections on December 5, the first day of the Tenth General Assembly, the act became law.
Illinois House Journal. 1835. 9th G. A., 2nd sess., 227, 245, 276, 303, 327, 345; Illinois Senate Journal. 1835. 9th G. A., 2nd sess., 128, 132, 165, 247, 267.