1
Sec[Section] 1 Be it enacted by the people of the State of Illinois represented in the General Assembly2, That it is hereby made the duty of the Auditor of Public Accounts, to make and execute deeds to any lands entered by the Commissioners of Public works
upon the conditions hereafter mentioned, to wit, whenever any person or persons shall
make satisfactory proof that such person or persons was or were, actual setlers and resided on any tract of land ^and where fields contiguous to their immediate habitations extended over or on to
such lands^3 at the time of such purchase by said Commissioners of Public works, not exceeding
One hundred and sixty acres; and also upon the further condition that any such preemption
after the same has been allowed, shall pay over to, and obtain a receipt for the same,
from the Fund Commissioners the value of such land at the rate of one dollar and twenty
five cents per acre, And the said Fund Commissioners, shall place the same so received
to the General Internal Improvement fund.
Sec 2. This act is to be understood, to aid and more effectually carry out the Proviso
to the Thirty first section of the “act to establish and maintain a general system
of Internal Improvement” approved Feb[February] 27 1837.
Sec 3 That the State shall be protected against damages for the right of way, over such land, in case
of any of the Rail Roads passing over any such tract of land hereby authorised to be conveyed Provided however that this act shall not extend to any person who shall not apply for said land, and
pay for the same within six months from the passage of this act
<Page 2>
<Page 3>
<Page 4>
[ docketing
]
A Bill For an act to grant Preemption rights upon Land owned by the State and entered for Internal Improvements purposes
[ docketing
]
4 7
[ docketing
]
[1-]/[5]/[840-]
[1-]/[5]/[840-]
Refd com Jud[ Referred Committee Judiciary ]
[ docketing
]
10
[ docketing
]
[01]/[31]/[1840]
[01]/[31]/[1840]
laid on table
[ docketing
]
[01]/[16]/[1840]
[01]/[16]/[1840]
Engrossed
1Peter Warren introduced SB 35 in the Senate on December 27, 1839. On January 15, 1840, the Senate tabled the bill. On January
16, the Senate took up the bill, amending it by striking out all after the enacting
clause and adopting a substitute. On January 18, the Senate further amended the bill
by adding a proviso to the first section, passing the bill as amended. On January
31, the House of Representatives tabled 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), 207, 256, 308; 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), 61, 111, 117-18, 132.
2On January 16, 1840, the Senate struck out all after the enacting clause and adopted a substitute.
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), 117-18.
3On January 18, 1840, the Senate added this language.
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), 132.
Handwritten Document, 4 page(s), Folder 232, SB 35, GA Session 11-S, Illinois State Archives (Springfield, IL) ,