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Be it enacted by the people of the state of Illinois, represented in the general assembly, That whenever a judgment creditor shall desire to redeem real estate, under the
provisions of the act of the Legislature of January 17th1825, Concerning Judgments, and Executions, it shall be required; preparatory ^thereto^ th[e]reto, that he shall sue out an execution upon his judgment, and place the same in
the hands of the proper officer, with the receipt of the former purchaser for the
redemption money, or that of the sheriff, or other proper officer, if the redemption
should have been made from him. Whereupon it shall be the duty of the sheriff, or
other officer, to endorse the fact of such redemption upon the back of said execution,
which shall be equivalent to a levy upon the said real estate, so redeemed, for the
purpose of a new sale thereof under said execution. And the same shall be forthwith
advertised and offered for sale under and by vi[r]tue of said execution; and at said sale, [the] judgment creditor, so having redeemed [shall?] be considered to have bid, for said real estate, the amount the of said redemption money, so paid by him; and if no hi[gh]er bid shall be offered, the premises shall [be?] struck off to him, and a deed forthwith executed to said judgment creditor, therefor,
and no [o]ther redemption shall be allowed. But if other bids should be made, and the said real
estate should be sold for more than said [re]demption money, then the excess, above
sale?] terms, as the first redemption. And if the said real estate should be redeemed from
said second purchaser, the same shall be done in the same way, and upon the same terms;
and the sheriff or other officer shall proceed in the same mode, to offer the said
real estate for sale as is before required ^in case of^ for a first redemption. And such real estate may be successively redeemed, within every
period of sixty days, so long as there shall be a judgment creditor disposed to redeem,
on [the?] terms and in the manner aforesaid. An[d] after the lapse of any one period of sixty days without redemption, it shall be the
duty of the sheriff or other proper officer, to execute a Deed for the said p[r]emises to the last purchaser, in like m[a]nner as other sheriff’s deed’s are made.
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the amount so paid to redeem, shall be applied as a credit to the execution under
which the redemption shall have been made, and a certificate of purchase executed
to [the?] new purchaser for a Deed within sixty days from said day of sale unless the said
premises should be redee[m]ed in the mean time, by another judgment creditor; which may be done, on the same
[Sec.[Section] 2. A judgment creditor may redeem the whole or any ^part, being a^ legal subdivision, according to the laws of the U.[United] States or of this state, of real estate before that previ-
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ously sold under execution.
Sec. 3. The sheriff or other officer, shall be allowed no compensation commission or fees upon the amount of redemption money, paid in any case, but only
on the excess [made?], over and above the amount of the redemption money actually paid.
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A Bill for An act to regulate the mode of proceeding the ^on^ the redemption of real estate sold under execution.
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[02]/[18]/[1839]
[02]/[18]/[1839]
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1Orlando B. Ficklin introduced HB 289 in the House of Representatives on February 14, 1839. The House passed the bill on February 26. On March 2, the
Senate concurred in passing the bill. Neither the House or Senate enrolled the bill.
Journal of the House of Representatives, of the Eleventh General Assembly of the State
of Illinois, at Their Called Session, Begun and Held at Springfield, December 9, 1839 (Springfield, IL: William Walters, 1839), 399, 433, 473, 524, 590; Journal of the Senate of the Eleventh General Assembly of the State of Illinois, at
Their Called Session, Begun and Held at Springfield, December 9, 1839 (Springfield, IL: William Walters, 1839), 437, 480, 492
Handwritten Document, 4 page(s), Folder 235, HB 289, GA Session 11-1, Illinois State Archives [Springfield, IL]