An act, to amend an act, “Entitled “An act, Concerning, Judgments and Executions”
Approved January Seventeenth AD. 1825
1Be it Enacted by the People of the State of Illinois ^
Represented
^ in the General assembly Represented, That when any real Estate or personal property shall shall be levied upon by virtue of any [Execution?] as ^is^ provided in the act to which this is an amendment, “It shall be the duty of the Sheriff
or other officer making such levy to cause the same to be valued or apprised by three disinterested Freeholders of the County, where the same may be situated,
to whom he shall administer an oath oath to make such valuation or apprisement, according to the best of their Judgments, which valuation or apprisement shall be Entered on the back of the Execution, or on a paper thereto attached or
annexed and Subscribed with their names as apprisers, describing the premises or personal property. And upon being Exposed to Sale at
public auction, the said premises, real Estate or personal property shall not be struck
off to the highest bidder unless the bid amounts to two thirds of such valuation or
apprisement. And if the plaintiff in the Execution will not bid two thirds of
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such valuation or apprisement, or take the said premises or real Estate or personal property at that rate: or so
much there off at his Election as will satisfy the Execution, the Judgment upon which it issued,
shall cease to be a Lien upon any other property. Provided two thirds of its valuation
or apprisement amounts to the Execution and cash Provided, always, that the plaintiff in any Execution
may Elect on what property he will have the sum levied, Except the lands on which
the defendant resides,, and his personal property, which shall be last taken in Execution
Provided however if the plaintiff in Execution shall have security on real Estate,
he shall first proceed against the property so mortgaged, And Provided also, that
when any property real or personal, shall be taken in Execution, if such property
be susceptable of division, it shall be sold in such quantities as may be neccessary to satisfy such Execution and costs, and the Sheriff or other officer, shall return
said Execution within Ninty days and no more. Execution shall issue against any other property than that apprised. Provided, the same amount
to
^at^ two thirds it valuation amounts to the Execution and costs, and the Judgment shall not be a lien
on any other property than that which has been apprised
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1 Be it Enacted by the People of the state of Illinois, represented in the General Assembly.
That it shall be lawful for the plaintiff in any execution, or his Attorney to direct
any execution to either the Sheriff or Coroner of any County in this state
sec[section] 2 It shall be the duty of the Coroner when an execution is placed in his hands to
proceed thereon in the same manner as is now required to be done by Sheriffs.
sec 3 All Coroners elected after the first day of August next, shall give bond in the
sum of ten thousand dollars, conditioned for the faithful performance of all duties
in which now are, or may be hereafter be imposed on them by law.
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A Bill for an act in relation to Executions
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14
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Ord[Ordered] to be Engrossed
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X
1An unknown representatives introduced HB 64 in the House of Representatives on or before February 22, 1840, and the House passed it on February 22. On January
30, the Senate refused to read the bill a second time.
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), 229; 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), 164, 214.
Handwritten Document, 4 page(s), Folder 63, HB 64, GA Session 11-S, Illinois State Archives (Springfield, IL) ,