An act to amend an act Entitled “An act to amend act for the limitation of actions,
and for avoiding vexatious Law Suits. approved January 17th 1835.
Sect[Section] 1st Be it enacted by the people of the State of Illinois represented in the General assembly, That hereafter, no person who now has or hereafter may have any right of entry into
any lands, tenements or hereditaments of which any other person may be actually possessed,
having a connected title in Law or equity, deducible of record from this State or
the United States or from any public officer or other person, authorized by the laws
of this State, to sell such lands for non payment of taxes or from any sheriff, Marshall
or other person authorized to sell such land on execution or under any order, Judgement
or decree of any Court of record, shall make any entry therein. Except such entry
be made within seven years from the time of such possessions having been taken: But
when the possessor shall acquire such title after the time of taking such possession,
the limitation shall begin to run from the time of acquiring title.
Sec. 2d That Every real possessory, ancestral or mixed action or writ of right brought for
the recovery of any lands tenements, or hereditaments of which any person may be actually
possessed, having a connected title in Law or Equity, deducible of record from this
state or the United States, or from any public officer of other person authorized
by the laws of the State to sell such land for the non payment of taxes, or from any
Sheriff, Marshall or other person authorized to sell such land on Execution or under
any order
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Judgement, or decree of any Court of record, Shall be brought Commenced within Seven years next after possession, as aforesaid shall have been
taken and not after, But when the possessor shall have acquired such title after the
taking of such possession, the limitation shall begin to run from the time of acquiring
title. Provided That possession as aforesaid, to bar the rights actions and suits aforesaid, shall
have been continued in manner aforesaid for the term of seven years [next?] preceding the time of asserting the right of entry, or the commencement, or any such
suit or action. And
provided
further That the heirs, devisees, and assigns of the person having taken such possession
and having such title, shall have the same benefit of this act as the person from
whom ^the^ possession was derived, could have had by virtue of such possession: And provided
also, That in all the foregoing cases in this act mentioned, where the person who
shall have right of entry, title, or cause of action, is or shall be at the time possession
is taken as aforesaid, 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 state or of the united states, Such person may make such entry,
or institute such action within one year or after their several disabilities herein mentioned shall cease to exist
sect 3d. That the act to which this is an amendment, be and the same is hereby repealed but
no right acquired, under said act shall be prejudiced by the repeal thereof.
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A Bill ^for “An act^ to amend an act, Entitled, “an act to amend an act for the limitation of actions
and for avoiding vexatious Law suits.
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Com Judiciary
Handwritten Document, 4 page(s), Folder 19, HB 23, GA Session: 11-1,
Illinois State Archives (Springfield, IL),