Papers Of Abraham Lincoln

In force. June 1, 1840.

AN ACT exempting certain articles from execution, in addition to those already exempt by the laws of this State.
1

Property exempt from execution

Proviso

Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That each person, being the head of a family, and residing with the same, shall retain, exempt from execution, in addition to the property now exempt by the laws of this State, one horse, or yoke of oxen, not exceeding in value sixty dollars: Provided, Such a head of a family shall follow the cultivation of the soil, for the maintainance of himself and family, or should such head of a family be a mechanic, and follow the art of his profession, for the maintainance of himself and family, such mechanic shall retain sixty dollars worth of tools suited to his profession.

Appraisement of property

Sec. 2. Should any disagreement arise between any officer and defendant in execution, about and concerning the value of any species of property allowed by the first section of this act, it shall be the duty of such officer forthwith to summon two disinterested householders, who, after being duly sworn by some justice of the peace, shall proceed to appraise said pro-

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perty, as each defendant may select, as mentioned in the first section of this act, not exceeding in valuation sixty dollars. This law to take an effect upon all contracts, or cause of actions, accruing from and after the first day of June next.

Approved, February 1st, 1840.

1William Edmonston introduced HB 42 to the House of Representatives on December 19, 1839. The House referred the bill to the Committee on Elections on January 11, 1840. The committee reported back on January 15 and recommended an amendment, in which the House concurred and passed the bill by a vote of 60 yeas to 22 nays. The Senate passed the bill on January 30 by a vote of 25 yeas to 12 nays. The Council of Revision approved the bill on February 1 and the act became law.
Journal of the House of Representatives (Vandalia, IL: William Walters, 1840), 63-64, 115, 140, 153-54, 177-78, 305, 314, 328; Journal of the Senate (Vandalia, IL: William Walters, 1840), 114, 186, 209, 212.