Papers Of Abraham Lincoln

In force, Mar.[March] 2, 1839.

AN ACT to quiet possessions and confirm titles to land.
1

Persons holding lands by title, and who pay all taxes.

Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That hereafter every person in the actual possession of land or tenements, under claim and color of title made in good faith, and who shall, for seven successive years after the passage of this act, continue in such possession, and shall also, during said time, pay all taxes legally assessed on such land or tenements, shall be held and adjudged to be the legal owner of said land or tenements, to the extent and according to the purport of his or her paper title. All persons holding under such possession, by purchase, devise, or descent, before said seven years shall have expired, and who shall continue such possession, and continue to pay the taxes as aforesaid, so as to complete the possession and payment of taxes for the term aforesaid, shall be entitled to the benefit of this section.

Title to vacant land.

Proviso.

When tax is paid 7 years.

Sec. 2. Hereafter, whenever a person having color of title, made in good faith, to vacant and unoccupied land, shall, after the passage of this act, pay all taxes legally assessed thereon for seven successive years, he or she shall be deemed and adjudged to be the legal owner of said vacant

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and unoccupied land, to the extent and according to the purport of his or her paper title. All persons holding under such tax-payer, by purchase, devise, or descent, before said seven years shall have expired, and who shall continue to pay the taxes as aforesaid, so as to complete the payment of taxes for the term aforesaid, shall be entitled to the benefit of this section: Provided, however, If any person, having a better paper title to said vacant and unoccupied land, shall, during the said term of seven years, pay the taxes assessed on said land for any one or more years of the said term of seven years, then and in that case such tax-payer, his heirs and assigns, shall not be entitled to the benefit of this section.

Proviso.

Sec. 3. The above sections of this act shall not extend to land or tenements when there shall be an adverse title to such land or tenements, and the holders of such adverse title is under the age of twenty-one years, insane, imprisoned, feme covert, out of the limits of the United States, and in the employment of the United States or of this State: Provided such person shall commence an action, to recover such land or tenements so possessed as aforesaid, within three years after the several disabilities herein enumerated shall cease to exist, and shall prosecute such action to judgment, or, in case of vacant and unoccupied land, shall, within the time last aforesaid, pay to the person or persons who have paid the same all the taxes, with interest thereon, at the rate of twelve per cent. per annum, that have been paid on said vacant and unimproved land.

Sec. 4. This act shall not be construed to extend to any land or tenements owned by the United States or this State, nor to school or seminary land, nor to land held for any public purpose. This act to take effect from and after its passage.

Approved, March 2, 1839.

1On December 14, 1838, Jesse M. McCutcheon introduced HB 23, originally titled “A Bill to Amend An Act for the Limitation of Actions, and for Avoiding Vexatious Law Suits,” in the House. On December 22, the Committee on the Judiciary reported back a substitute bill, which was accepted by the House. On January 3, the House passed the bill, and referred it to the Senate. On McCutcheon’s suggestion, the title was changed to “A bill for ‘An act supplemental to an act, entitled, ‘An act to Amend an Act for the Limitation of Actions, and for Avoiding Vexatious Law Suits.” On February 4, following the insertion of an amendment by the Committee on the Judiciary, the Senate passed the bill. On February 11, the House agreed with the Senate amendment. On February 20, the Council of Revision vetoed the bill and returned it to the House with objections over language in the first section. On February 21, the House referred the bill to a select committee, which included Abraham Lincoln. On February 26, on behalf of the committee, Lincoln reported a substitute bill, which was then passed by the House. On Lincoln’s suggestion, the title of the bill was changed to “An act to quiet possessions and confirm titles to land.” On March 1, the Senate approved the House bill. On March 2, the Council of Revision approved the bill, and the act became law.
Illinois House Journal. 1838. 11th G. A., 1st sess., 87, 116, 134, 146, 344, 378-79, 395, 402, 452-53, 469, 530, 581, 598, 602; Illinois Senate Journal. 1838. 11th G. A., 1st sess., 134, 149, 256, 263, 272, 314, 332, 441, 479, 503.