Papers Of Abraham Lincoln

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29 Sec[Section] 1 Be it enacted by the people of the
State of Illinois represented in the General
Assembly; That when any execution shall
be issued our of any of the Courts of this
State, whether of record or not, and
shall be levied on any ^real or^ personal property, ôr both^
it shall be the duty of the officer levying
such execution, to summon three house-
holders of the proper county; ^(ône of
whom shall be chosen by such officer,
One by the plaintiff, and one by the
defendant in the execution; or in default
of the parties making such choice, the
officers shall choose for them; which house-
holders after being duly sworn by such
officer so to do, shall fairly and impar-
tially value the property upon which such
execution is levied, having reference to its
Cash value; And they shall endorse the
valuation thereof, upon the execution, or
upon a piece of paper thereunto attached
signed by them. And when such property
shall be offered for sale, it shall not
be struck off unless two thirds of the
amount of such valuation shall be
bid therefor.
Sec 2. When any property shall be levied
on, and appraised in the manner re-
quired by this act, and the same shall

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47 be susceptible of a division, no greater
quantity there of than will be sufficient
to pay the amount of the execution, or
executions thereon levied, together with
the proper costs at two thirds of the
valuation thereof shall be offered
for sale by the officer in whose hands
such execution, or executions, may have
been placed for Collection

Sec 3 This act shall be in force from
and after its passage, and the Secretary
of State is hereby required to have a
thousand copies hereof printed im-
mediately after its approval, and transmit
them to the Clerks of the county com-
missioners courts of the several counties
in this state for distribution among
the proper officers thereof.

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02/04/1841
M L Covell

Passed the Senate Feby 4, 1841
M L Covell Secty[Secretary]

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Nô 108

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Senate
A Bill for an act Regulating the sale of property

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[01]/[14]/[1841]
ord. 2

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[02]/[16]/[1841]
M^cClernand
M^cLean
Scott Hankins
Peck
Dodge
Thornton
Ormsbee
Ross
Lincoln

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[02]/[03]/[1841]
Engrossed

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[02]/[03]/[1841]
ord[ordered] 3.

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[02]/[04]/[1841]
3

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10

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26

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22

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[02]/[04]/[1841]
passed

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35

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Amend 6th line by inserting after the word “any” the words “real or” and after the word “property” the words “or both.”

Amend further by adding at the end of the 1st Sec. the following: “Provided always that the plantiff in any execution, issued from any court of record of this state, may elect on what property he will have the same levied, except the land on which the defendant resides, and his personal property which shall be last taken in execution; and in all other executions issued from any of the courts of this state (not being courts of record) the plantiff in execution may elect on what personal property he will have the same levied, excepting and reserving however to the defendant in execution in all cases, such an amount and quality of property as is now exempt from execution by the laws of this State, and Provided further that all sales of Mortgage property, shall be made according to the provissions of this act, whether the foreclosure of said Mortgage be by Judgment at law or decree in chancery.”

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House amd^ts[Amendments]
agreed to

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That the provisions of this act shall extend to all judgements rendered prior to the first day of may eighteen hundred and forty one, and on ^to^ all judgements that may be rendered on any contract or cause of action accruing prior to the first day of may 18 Eighteen hundred and forty one, and not after to any other judgements than as spe before specified

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Amdt[Amendment] of the Senate to the Amdt[Amendment] of the House of Rep^s

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29	Sec[Section] 1 Be it enacted by the people of the State of Illinois represented in the General Assembly; That when any execution shall be issued our of any of the Courts of this State, whether of record or not, and shall be levied on any ^real or^ personal property, ^or both^ it shall be the duty of the officer levying such execution, to summon three house- holders of the proper county; ^(^one of whom shall be chosen by such officer, One by the plaintiff, and one by the defendant in the execution; or in default of the parties making such choice, the officers shall choose for them; which house- holders after being duly sworn by such officer so to do, shall fairly and impar- tially value the property upon which such execution is levied, having reference to its Cash value; And they shall endorse the valuation thereof, upon the execution, or upon a piece of paper thereunto attached signed by them. And when such property shall be offered for sale, it shall not be struck off unless two thirds of the amount of such valuation shall be bid therefor. Sec 2. When any property shall be levied on, and appraised in the manner re- quired by this act, and the same shall
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30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 44 45 46 47	be susceptible of a division, no greater quantity there of than will be sufficient to pay the amount of the execution, or executions thereon levied, together with the proper costs at two thirds of the valuation thereof shall be offered for sale by the officer in whose hands such execution, or executions, may have been placed for Collection Sec 3 This act shall be in force from and after its passage, and the Secretary of State is hereby required to have a thousand copies hereof printed im- mediately after its approval, and transmit them to the Clerks of the county com- missioners courts of the several counties in this state for distribution among the proper officers thereof.