Papers Of Abraham Lincoln

In force, Jan.[January] 18, 1840.

AN ACT to authorize the county of Jo Daviess to borrow money.
1

Commissioner to borrow money.

Real estate to be mortgaged as security.

Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the county commissioners’ court, of the county of Jo Daviess, may, by an order to be entered upon the records of said court, appoint a commissioner, whose duty it shall be to borrow such sum or sums of money, as may be necessary to enable said county to complete the new courthouse, in the town of Galena, in said county, and the said commissioner is hereby authorized to mortgage any of the real estate of said county, to secure the payment of any sum or sums of money so borrowed.

Sec. 2. Any mortgage deed, made by such commissioner, under his hand and seal, on behalf of said county, for the purposes aforesaid, duly acknowledged and recorded, shall in all respects be valid and binding upon said county, and shall enable the mortgagee of such deed to prosecute to effect said county for a breach of the conditions of such deed, in the same manner as is pointed out in the 18th section of the act entitled an act concerning judgments and executions, approved January 17, 1825.

Writ of scire facias.

Sec. 3. In any suit instituted under the provisions of this act, the scire facias required by said (act) to be issued may be left with the clerk of said court, ten days previous to the return day thereof, which shall constitute a sufficient service thereof to authorize the proper court, before which such suit is instituted, to proceed and render judgment according to justice and merits of the case.

Approved, January 18, 1840.

1On December 27, 1839, Senator George W. Harrison introduced SB 37 in the Senate, and the Senate referred the bill to the Committee on the Judiciary. On December 28, the Committee on the Judiciary reported in favor of the bill without amendment. On January 3, 1840, the Senate passed the bill. On January 11, the House of Representatives passed the bill. On January 18, the Council of Revision approved the bill and the act became law.
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), 126, 147, 153; Journal of the Senate of the Eleventh General Assembly of the State of Illinois, at Their Called Session, Begun and Held in Springfield, December 9, 1839 (Springfield, IL: William Walters, 1839),61, 63, 80, 105, 117, 135.