In force, Mar.[March] 2, 1839.
AN ACT for the relief of purchasers of canal lots and lands, and for other purposes.
1Canal lands and lots, how paid for.
Bonds cancelled.
Execute notes without interest in advance
Lien of State not affected.
Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all persons who made purchases of lots and land of the Commissioners of the
Illinois and Michigan canal, in the year one thousand eight hundred and thirty-six, shall be permitted to pay for said lots and land under and according to the provisions
of the act, passed at the present session of the General Assembly, entitled “An act to amend the several laws in relation to the Illinois and Michigan canal.” All such purchasers shall be permitted to surrender their certificates of purchase,
and obtain new certificates; and have their notes or bonds cancelled, and execute new notes for the balance due, without paying ten per cent. in advance
at the time of the surrender and cancelment. By the new notes they shall be bound
to pay six per cent. per annum interest on the amount due, for twenty years, and then to pay the principal; and
all the provisions of the act above recited shall be applicable to said purchasers,
and their rights and liabilities shall be regulated and defined by the act aforesaid.
The provisions of this act shall not in any manner affect the lien of the State upon the lots and lands and all improvements thereon for the payment of the purchase
money; and purchasers who avail themselves of the provisions of this act shall hold
the lots and lands, subject to all the conditions in the act aforesaid.
Act to extend to heirs.
Sec. 2. The provisions of this act shall extend to heirs, devisees, and assignees of purchasers.
Improvements, how valued.
Sec. 3. In making the valuation of improvements upon canal lands under the law authorizing
their valuation, the standard or rule of estimation shall not be what the improvements cost, nor what
the making of such improvements would cost, at the date of valuation, but the estimate
shall be the addition which the improvements make to the value of the land.
Lands selected to be sold.
Sec. 4. In making the selections of lands to be sold whereon improvements are situated,
the selections shall be confined to lands occupied or cultivated by persons having
permits to occupy or cultivate the same.
Com’rs[Commissioners] may purchase.
Sec. 5. The Canal Commissioners shall be permitted to purchase the lots in Lockport, at their valuation, on which they have erected dwellings, and make payment therefor
under and according to the provisions of the act recited in the first section of this
act. The purchase shall extend to the improvements; and the cost of the improvements
shall be paid without reference to their valuation. The lots shall be valued with
reference to their actual value at the date of making improvements thereon, by the
commissioners, having regard to the terms of sale.
Valuation of lots, how made.
Sec. 6. The valuation of said lots shall be made by three or more of the assessors appointed
by the circuit court of Will county, or the judge thereof, and they shall make dupli-
<Page 2>
cate certificates of their valuation; one shall be filed with the secretary of the
Board of Canal Commissioners, and the other with the clerk of the circuit court of
Will county.
First section in force for one year; fifth and sixth, for six months.
Sec. 7. The first section of this act shall continue in force one year; the fifth and sixth
sections six months, and no longer.
Com’rs to pay W. B. Archer, G. S. Hubbard, and Wm. F. Thornton.
Sec. 8. The Board of Canal Commissioners shall pay to William B. Archer, Gurdon S. Hubbard, and William F. Thornton, five dollars per day each, for the time they were detained in Vandalia on business connected with the canal during the session of the General Assembly which commenced on the first Monday in December, one thousand eight hundred and thirty-six,
after the expiration of their term of their service as Canal Commissioners.
Forfeited lots reserved from sale.
Sec. 9. Forfeited lots in Chicago and Ottawa on which houses have been erected, or which are occupied by purchasers, their heirs
or assigns, shall be reserved from sale until further provision shall be made by law.
Approved, March 2, 1839.
1On February 23, 1839, William Stadden introduced this bill in the Senate, where it was thrice read, passed, and immediately
referred to the House. On March 1, the House Committee on Canal Lands returned the
bill to the House with an amendment, which the House accepted by a vote of 35 yeas
to 27 nays, with Lincoln voting yea. Following several sundry amendments by the committee
as a whole, the House passed the bill and referred it back to the Senate. On March
2, the Senate approved the House amendments. Later that day, theCouncil of Revision approved the bill, and the act became law.
Journal of the House of Representatives, at the First Session of the Eleventh General
Assembly, of the State of Illinois (Vandalia, IL: William Waters, 1838), 490, 560, 577, 583, 584; Journal of the Senate, at the First Session of the Eleventh General Assembly, of the
State of Illinois (Vandalia, IL: William Waters, 1838), 385, 496, 505, 508, 511.
Printed Document, 2 page(s), Laws of the State of Illinois, Passed by the Eleventh General Assembly (Vandalia, IL: William Walters, 1839), 276-77, GA Session: 11-1,