In force, Jan. 18, 1839.
AN ACT to amend the act, entitled “An act for the relief of Nathaniel Pope and others, approved, 21st July, 1837.”
1Commissi’n’rs[Commissioners] appointed by Cir.[Circuit] Court to set apart certain lots in Alton.
Comm’rs[Commissioners] to notify saidwidow .
If not found, public notice equivalent to personal service.
Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the commissioners, Nathaniel Buckmaster, John B. Hundley, and Sherman W. Robbins, appointed by the circuit court of Madison county, under the provisions of the act to which this is an amendment, to sell certain lots
and lands in the city of Alton, are hereby authorized and required to set apart and assign, according to law, to
Abial Easton, widow of Rufus Easton, deceased, her dower to certain lots and lands in the said city of Alton; the same being the said lots and land conveyed by said Rufus Easton to Nathaniel Pope and others, and bounded on the west by Market street in the city of Alton; on the east, by the line running north and south, between sections eleven and twelve,
and thirteen and fourteen, in township, number five, north of range number ten, west
of the third principal meridian; and on the south, by the Mississippi river. Said commissioners shall notify the said Abial Easton of the time and place of acting under this section, at least ten days before such
action; but if she cannot be found so as to serve such notice, then the notice, published
for four weeks in some newspaper published in Alton, shall be equivalent to personal service.2
Sec. 2. When the dower shall have been assigned as aforesaid, the reversionary interest
in the lots and land assigned shall be sold by the said commissioners, at the time,
upon the terms, and in the manner, that the other lots and land are required to be
sold.
Time of sale.
Sec. 3. The sale authorized by this, and the act to which this is an amendment, shall take place at any time after notice given, as required by the act to which
this is an amendment, any thing in said act to the contrary notwithstanding.
Purchaser to deposite in br[branch] bank at Alton
Sec. 4. Each purchaser shall deposite the purchase money, or a certificate of interest obtained under the provisions of
the act to which this is an amendment, in the branch of the State Bank of Illinois, at Alton, in favor of the State; and the certificate of the cashier of said branch bank, of such deposite shall be receive by the commissioners as so much cash.
Court to make order for copy of record to be filed with Auditor of Public Accounts.
Master in chancery to execute deeds of conveyance.
Sec. 5. When the commissioners shall have made the sale required of them, and reported
to the court, if their proceedings and report shall be ratified and confirmed by the court, an order shall be made requiring a complete copy of the record and proceedings in
the cause to be made out, certified by the clerk, and filed in the office of the Auditor of Public Accounts of the State. The court shall also make an order requiring the costs to be paid by the several parties in
interest according to their respective interests; and a statement of the costs shall
be certified to the Auditor with the
<Page 2>
record aforesaid. The court shall also make an order requiring the master in chancery of said court to execute deeds of conveyance to purchasers, upon the payment of the purchase money;
which order shall confer the authority to convey upon the master in chancery who may
be in office at the time the conveyance may be required; and the conveyance thus made
shall operate to vest a complete legal title in the purchaser.
All accounts to be audited by Aud. Pub. Accounts.
Costs how paid.
Sec. 6. From the record filed with the Auditor of Public Accounts, the accounts of all parties in interest shall be audited by the Auditor of Public Accounts, and the amount due each party shall be paid out of the funds deposited in the branch
bank aforesaid, upon the order of the Auditor; but the costs shall be first paid, and deducted from the dividends of the parties
in interest, upon the order of the Auditor.
Part of act repealed.
Sec. 7. So much of the act to which this is an amendment, as requires the commissioners to
give bond and security, and all other parts of said act inconsistent with this act
is hereby repealed.
[ certification
]
This bill having remained with the Council of Revision ten days, and the General Assembly being in session, it has become a law, this eighteenth day of January, 1839.
A. P. FIELD, Secretary of State. 1Richard B. Servant introduced SB 15 to the Senate on December 15, 1838. The Senate referred it to the Committee on the Judiciary on
December 17. The committee reported back the bill on December 26 with a substitution
and the Senate passed the bill with the substitution. The House of Representatives passed the bill on January 1, 1839. The Council of Revision approved the bill on January 18, 1839, and the act became law.
Journal of the House of Representatives (Vandalia, IL: William Walters, 1838), 144, 146, 152, 176, 185; Journal of the Senate (Vandalia, IL: William Walters, 1838), 71, 75, 107, 125, 140, 146.
Printed Document, 2 page(s), Laws of the State of Illinois, Passed by the Eleventh General Assembly (Vandalia, IL: William Walters, 1839), 37-38, GA Session: 11-1,