An act to amend “an act concerning judgments and executions” approved January 17. 1825.

Sect.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That after the expiration of twelve months, and at any time before the expiration of fifteen months, from the sale of any lands, tenements, or real estate under the provisions of the act to which this is an amendment, it shall be lawful for any judgment creditor to redeem the same in the manner following: such judgment creditor shall sue out an execution upon his judgment and place the same in the hands of the proper officer to execute the same, and thereupon said officer shall endorse upon the back of said execution a levy upon the lands, tenements, or real estate which said judgment creditor may wish to redeem, and said judgment cre creditor shall pay to said officer into whose hands he shall have placed his execution as aforesaid, the amount of money for which said premises may have been sold with ten per centum interest thereon from the date of such sale, for the use of the purchaser thereof, his executors, administrators, or assigns; upon payment of which, said officer shall file in

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the Recorder’s office of the County in which said lands are situate; a certificate of the redemption thereof by said judgment creditor, under said execution, and shall advertize and offer the same for sale under and by virtue of said execution, in the same manner that other lands are required to be advertized and exposed to sale on execution; and at such sale, the said judgment creditor so having redeemed the same, shall be considered to have bid for said real estate the amount of said redemption money so paid by him, and interest thereon from the date of said redemption to the day of sale, and if no higher bid shall be offered, the premises shall be struck of and sold to him, her, or them, and a deed therefor shall be executed forthwith by said Sheriff to such creditor, or creditors, and no other redemption shall be allowed. But if other and higher bids shall be made and the said lands, tenements, or real estate sold for more than said redemption money & interest as last aforesaid, the excess above the amount of said redemption money and interest, shall be applied as a credit on the execution under which the redemption shall have been made; and a certificate of purchase executed to the new purchaser in ^the manner prescribed in^ the act to which this is an amendment, for a deed of said premises within sixty days

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from the date of such sale, unless the same shall be redeemed in the meantime in the manner prescribed in this act by some other judgment creditor: And if said lands, tenements, or real estate shall be redeemed from said second purchaser, the same shall be done in the same manner and upon the same terms, and the officer shall proceed in the same mode to offer the said premises for sale, as is before required in case of the first redemption; and such lands, tenements, or real estate may be successively redeemed, within every period of sixty days, so long as there shall be a judgment creditor disposed [...?] to redeem the same, on the terms and in the manner aforesaid; and after the lapse of any period of sixty days without redemption it shall be the duty of the officer who last sold said premises on the execution under which said premises shall have been last redeemed, or his successor in office, to execute a deed for the said premises to the last purchaser, in like manner as other deeds for lands sold on execution are made.

Sect. 2. Any judgment creditor or creditors may redeem the whole or any part or portion of the lands ^tenements or real estate, ^ previously sold on execution; provided that said judgment creditor ^or creditors^ shall not divide any town lot or other distinct parcel of land unless the same shall exceed forty acres: ^and provided further, that^ ^redemption shall be made in the like distinct quantities or parcels that the premises were sold in.^

Sect. 3. No commission upon the amount of redemption money paid in any case, shall be allowed to the officer; but the usual commission shall be allowed to the officer selling said premises, on the excess made over and above the amount of said redemption money and interest.

Sect. 4.
The duplicate of the certificate required to be filed in the office of the Clerk of the County by the tenth section of the act to which this is an amendment, shall hereafter be filed in the Recorder’s office of the County in which the premises are situate, and such certificate or a certified copy thereof shall be taken and deemed to be evidence of the facts therein contained. The Recorder shall be entitled to the usual fees for recording said certificate, which shall be paid by the officer, and may be taxed by him with the his other costs.

Sect. 5. No judgment of any Circuit Court shall have any lien upon the lands, tenements, or real estate of any debtor which may be situate without the limits of the County in which the same is rendered, until a transcript of said judgment shall be filed with the Recorder of the foreign County in which the lands upon which the same is desired to be made a lien, are situate;

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but from and after the filing of any such transcript in such Recorder’s office, the judgment mentioned therein shall be a lien, in the same manner and to the same extent that it would have been, if said judgment had been rendered in the Circuit Court of the County in which said transcrip is filed for record.

Said transcrip may be in substance as follows:

State of Illinois,
County,
I Clerk of the Circuit Court of County do hereby certify that at the Term of the said Circuit Court 18—— A. B. recorded a judgment against C. D. for and costs of suit. Witness my hand and seal of said Court at this day of A.D. 18
Clerk.

Sect. 6.
It shall be the duty of every officer to whom any execution shall be directed from any foreign County, or to whom any writ of attachment shall be directed, as soon as he shall levy the same upon any real estate, to file in the Recorder’s office of the County in which said land is situate a certificate in substance as follows.

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State of Illinois,
County,
This is to certify that by virtue of a writ of to me directed from the Circuit Court of County, in favor of against
I have this day levied upon the following described property, to wit, (here describe the property).
Witness my hand this day of A. D. 18.
Which certificate shall be recorded by the Recorder, for which service he shall be allowed the usual fees to be paid by said officer and taxed with his costs. From the filing of said certificate said levy shall take effect as to other judgment creditors and subsequent purchasers without notice, and not before.

Sect. 7. Each and every certificate which shall be given by any officer to any purchaser under the provisions of this act, or the one to which this is an amendment, and each certificate heretofore given under said last mentioned act, shall be assignable by endorsement thereon under the hands of said purchaser, his, her, or their heirs, executors, and administrators, and assignees, and each and every person to whom the same

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shall be assigned, shall be entitled to the same benefits therefrom in every respect, that the person named therein would have been if the same had not been assigned; and in case the premises mentioned in said certificate shall not be redeemed in pursuance of law, shall be entitled to a deed therefor.

Sect. 8. The deed to be executed by the officer to the purchaser under the provisions of this act, or the one to which this is an amendment, shall contain a statement of the judgement upon which the premises in said deed mentioned were sold, and of the date of the execution, and may be in the following form:

Whereas A. B. did at the Term of the Circuit Court for the County of
(as the fact may be) recover a judgment against C. D. for the sum of and costs of suit, upon which said judgment execution was issued dated on the day of A. D. 18 directed to to execute; and by virtue of said execution the said levied upon the following premises and the same were struck off and sold to he being the highest and best bidder, the time and place of such sale having been duly advertised according to law.

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Now, therefore, know ye, that I of said County of have granted, bargained, sold, and conveyed, and by these presents, do grant, bargain, sell, and convey to said his, her, or their heirs and assigns forever, the said (here describe the premises) To have and to hold the same to the said heirs and assigns forever. Witness my hand and seal this day of in the year of our Lord eighteen hundred and forty

If the purchaser shall have assigned his certificate of purchase, then there may be inserted after the word “law” in the foregoing form, in substance as follows: and the said having duly assigned his certificate of purchase to (as the facts may be)

Sect. 9. Said deed shall be evidence that the provisions of the law in relation to sales of real estate on execution, were complied with until the contrary shall be proved; and said deed shall be taken and considered as conveying to the grantee therein named all the estate, right, title, interest and claim of the defendant, or defendants in the execution therein named to said grantee, of whatsoever nature the same

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may be, but shall not be construed to contain any covenant on the part of the officer executing the same.

Sect. 10. So much of the act to which this is an amendment as is inconsistent as with the provisions of this act, be an the same is hereby repealed. This act shall take effect on the first day of March next.