1
Sec[Section] 1. Be it enacted by the people of the state of Illinois, Represented in the General Assembly That all Lands or Town Lots hereafter sold under or by Virtue ^of^ any Execution, Decree of any Court of Chancery, or Deed of Trust, may be redeemed
by the Owner of such Land or Lot or any of his Judgment creditors within two years
from the date of such sale in the manner herein after provided
Sec. 2, That all officers or other persons who may hereafter sell any lands or Town lots
as aforesaid, shall forthwith execute duplicate certificates, setting forth, and particularly
describing such Land, or Town lots, so sold, and to whom, and the amount for which
it was sold, and whether by Virtue of Execution, Decree of the Court of Chancery,
or deed of Trust, One of which certificate shall be filed with the ^Clerk^ of the Circuit Court of the County, where such Lands or Lots are situated, who shall
record the same in a Book to be kept by him for the purpose, and the other to the
purchaser
Sec 3. Any Judgment creditor wishing to redeem lands or Town Lots sold as aforesaid may
pay to the Clerk of the circuit ^Court^ aforesaid, the amount of the purchase money, together with ten per Centrum per Annum interest thereon, from the date of sale, Provided it was bought by any other person
than a Judgment creditor or if by a Judgment creditor, for the full amount of his
Judgment debt, But should a Judgment creditor have purchased for less than the whole
amount of his Judgment debt, Then the Clerk aforesaid shall, upon the application
of the Judgment creditor wishing to redeem, notify the purchaser by a notice in writing
^directed to the nearest Post office to said purchaser^ setting forth the day on which said purchaser shall attend at the Clerks office,
for the purpose of bidding all or any part of the balance of his debt, and the bidding
for the Land, or lots, shall be recorded in ^the^ book aforesaid, said notice
<Page 2>
to be served by the Sheriff of said County, and in like manner may any other Judgment creditor redeem, of another who may have
redeemed, during the period of two years from the day of the first sale, each person
redeeming paying to the ^Clerk aforesaid, or to the^ person of whom he redeems, the whole amount of principle and interest then due, together
with the amount they bid, and in like manner may the original owner redeem of any
of the persons aforesaid, with in the time aforesaid, And in all cases of redemption,
the Clerk of said Court shall give a Certificate of redemption, which shall be recorded,
previous to delivry, in the book aforesaid
4. That the Clerk aforsaid, shall at the expiration of the two years from the day of sale, or at any time thereafter
upon the application of the person entitled to a deed make out a complete copy of
the proceedings had, in selling, and redeeming said lands, or lots, as appears of
record in the book aforesaid, and that the time for2 redemption has expired, which certificate shall be delivered to the person or persons
entitled thereto.
Section 5, It is hereby made the duty of the Sherriff of the county where such lands, or lots are situated, upon the presentation of the
Certificate mentioned in the preceeding section, to make and execute a deed to the person or persons entitled to the same,
or to their Heirs or assigns, in the Commencement of which deed the certificate afforesaid shall be copied, and upon the delivery of said deed, the person entitled thereto,
shall pay to said Sherriff therefor the sum of one dollar
Sec. 6. It is hereby made the duty of the Clerk aforesaid to receive, and Safely keep
all money that may Come into his hands, by Virtue of this act, and the Same to pay
over promptly to those entitled thereto, first having retained two per Cent thereon
for his Services, together ^[...?]^with ^Said Clerk shall also be entitled to^ Fifty Cents for each notice, and or Certificate or to be paid by the person applying therefor.
<Page 3>
<Page 4>
7 That it shall be lawful for the Heirs, executors, or Administrators or assigns, of the original owner, or any Judgment Creditor aforesaid,
to redeem any lands or lots Sold or redeemed as aforesaid, within the time, and in
the manner aforesaid.
8 That so much of an act entitled “an act Concerning Judgments and executions” Approved
January the Seventeenth, Eighteen hundred and twenty five, as comes within the purview
and meaning of this act, are hereby repealed.
[ docketing
]
An act to amend the laws, relating to the redemption of real estate.
[ docketing
]
Henderson
[ docketing
]
[01]/[12]/[1839]
[01]/[12]/[1839]
Judiciary
[ docketing
]
[01]/[17]/[1839]
[01]/[17]/[1839]
refused Engd[Engrossed]
[ docketing
]
17
[ docketing
]
9.
1William H. Henderson introduced HB 142 in the House of Representatives on January 12, 1839. On January 17, the House tabled the bill.
Journal of the House of Representatives of the Eleventh General Assembly of the State
of Illinois, at Their First Session, Begun and Held in the Town of Vandalia, December
3, 1838 (Vandalia,IL: William Walters, 1838), 205, 225.
Handwritten Document, 4 page(s), Folder 110, HB 142, GA Session 11-1, Illinois State Archives [Springfield, IL] ,