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Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly. That when any execution shall be issued out of any of the Courts of this State, whether of Record or not, and shall be levied on any property real or personal, it shall be the duty of the office levying such execution, to summon three householders of the county—one of whom shall be chosen by such officer, one by the plaintiff, and the third by the defendant in the execution, or in default of thus ^making^ such choice, the officer to choose for them—which householders, after being duly sworn, by such officer so to do, shall impartially value the property upon which such execution is levied; And shall indorse the valuation upon the execution, or on a paper thereunto attached, signed by them; and when such property is offered for sale the same shall not be struck off, unless one half ^two thirds ^of such valuation ^over & c[etc]^ shall be bid therefor: Provided: That the execution creditor shall not be compelled to take such property at one half ^two thirds^ of its valuation, but may retain his Judgment, which shall operate as a lien upon such property^ so & c^ until the same will bring^ two &^ one half of the valuation ^strike out one half whenever it occurs & insert ‘two thirds.’^ 2
Sec. 2. That when any debt is secured by mortgage on each estate, the creditor shall first resort to the property, so mortgaged, before levying on any other property. Which real estate so mortgaged shall be sold according to the provision of the first section of this act.

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A Bill for An act for the relief of the county
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[01]/[25]/[1840]
refd Com Fin.[referred Committee on Finance]
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[01]/[27]/[1840]
ord[ordered] to be Engrossed
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1Isaac P. Walker of the Committee on Finance, to which the House of Representatives had referred a petition, introduced HB 231 in the House on January 25, 1840. The House referred the bill back to the Committee on Finance, of which Abraham Lincoln was a member. The Committee on Finance reported back the bill on January 27 with amendments, in which the House concurred. The House further amended the bill by striking out “one half” wherever it occurred, and inserting in lieu thereof “two-thirds.” On January 30, the House rejected the bill as amended by a vote of 38 yeas to 43 nays, with Lincoln voting nay.
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), 249, 257, 264, 295.
2On January 27, 1840, the House of Representatives amended the bill by striking out “one half” wherever it occurred, and inserting in lieu thereof “two-thirds.”
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), 257.

Handwritten Document, 2 page(s), Folder 195, HB 231, GA Session 11-S, Illinois State Archives (Springfield, IL) ,