In force, Feb.[February] 26, 1841.
An ACT to enable purchasers of real estate to ascertain whether the same is free from incumbrances, and to prevent secret liens of attachments and executions.
1
Duty of officer
Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That hereafter when a writ of attachment or a writ of execution is issued from the circuit court of one county, to any sheriff or other officer of another county, and levied upon any real estate in such county, it shall be the duty of the officer making such levy, to make a certificate thereof, and file the same in the recorder’s office of the county where such real estate is situated, and until the filing of such certificate, such levy shall not take effect as to creditors or bona fide purchasers without notice.
Certificate filed.
Sec. 2. That when a writ of attachment is levied upon any real estate, in any case, it shall be the duty of the officer making the levy, to file a certificate of such fact with the recorder of the county where such land is situated, and from
<Page 2>
and after the filing of the same, such levy shall take effect as to creditors and bona fide purchasers without notice and not before.
Duty of recorder.
Sec. 3. It shall be the duty of the recorder of the proper county, to file and record the certificates mentioned in the foregoing sections, in a book to be kept for that purpose, for which he shall be entitled to receive the same fees as for recording other papers, to be paid by the plaintiff, in such execution or attachment, and be taxed and collected by the sheriff, as other costs.
Sec. 4. The certificate mentioned in this act may be in substance in the following form:
STATE OF ILLINOIS, }
ss.
County.
I do hereby certify that by virtue of a certain writ of to me directed, from the circuit court of county, in favor of , against, dated 184 I did on this day of 184 levy upon the following real estate (here describe it.)
A. B., sheriff of county,
(or coroner hs the case may be.)
Approved, February 26, 1841
1Lyman Trumbull introduced HB 232 in the House of Representatives on February 13, 1841. The House passed the bill on February 19. The Senate concurred on February 25. On February 26, the Council of Revision approved the bill and the act became law.
Illinois House Journal. 1840. 12th G. A., 388, 429, 443, 508, 528, 530, 550; Illinois Senate Journal. 1840. 12th G. A., 359, 405.

Printed Document, 2 page(s), Laws of the State of Illinois, Passed by the Twelfth General Assembly (Springfield, IL: William Walters, 1841), 181-82, GA Session 12-2,