Papers Of Abraham Lincoln

In force, Feb.[February] 27, 1841.

An ACT for the relief of purchasers of canal lots in Chicago and Ottawa in 1836.
1

Purchasers may select lands.

Sec. [Section]1. Be it enacted by the People of the State of Illinois, represented in the General Assembly,2 That all persons who have heretofore purchased any of the property belonging to the canal, any of the canal lands, or any of the lots in any town, sold by authority of the State, and who have made advances to the State by way of payment for the same, and who have by any means forfeited the same by not complying with the other stipulations of the contract, shall be entitled to the relief hereinafter granted, upon the conditions hereinafter mentioned, that is to say; every person who has paid any money upon such purchases, shall first ascertain the amount from the proper authority, and next he shall have or procure to be described the particular lot or land upon which

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payment, shall have been made, and shall be allowed the right to select so much of his original purchase at his option as the said payments will cover, deducting from the original price stipulated for, thirty-three and one-third per centum.

Purchaser shall relinquish lands to State.

Sec. 2. Said purchaser shall relinquish all claim to the lots or lands which he does not choose to purchase, and in writing make his selection known to the board of canal commissioners, who are hereby authorized and required to procure and deliver3 to such purchaser a deed or patent4 for the same, agreeable to the laws now in force for patenting lands and lots sold by canal commissioners.5

Balance how paid.

Sec. 3. If any balance shall be due to the canal fund, the same shall be promptly paid at the rate aforesaid; but it shall in no case be allowed that the said board shall issue scrip of forfeited payments that may in any event become currency for the payment of any other lands or lots belonging to the canal at any other than the amount of purchase,6 but that the same balance, if any, shall be liquidated by the conveyance of lands or lots originally sold, and at the original amount or price given7 at the time of purchase, with the deduction before mentioned.

Part of lot may be relinquished.

Sec. 4. That it may be lawful for any purchaser to relinquish a part of a lot by fourths, or halves, in proportion to the depreciated value heretofore fixed by this act, but not by any other mode than leaving to the State as much front as rear, and in all cases of the relinquishment of lands, other than town lots, the same shall be done in pursuance of the legal subdivisions of the United States’ surveys, and not less than forty acres, nor shall the commissioners transfer any lands, not town lots, by any other description than by such legal subdivisions.

Payment may be placed on land other than lot.

Sec. 5. It may be lawful for any purchaser as aforesaid, to place his payment which has been so forfeited, on one piece of land, not a town lot, or one or more town lots, or such particular lot or piece of land as he may deem proper at the original purchase price, with the deduction as aforesaid, but in no case shall it be allowed to any such purchaser to place this payment on any other lands or lots, at any other price or valuation than as before mentioned.

Record of proceedings under this act.

Sec. 6. The canal commissioners shall keep a just and full record of all proceedings under this act, and report the same to the next meeting of the general or special session of this Legislature.

Rights may be transferred.

Proviso.

Sec. 7. The rights of the purchasers under the provisions of this act may be the subject of transfer in writing, signed by the purchaser, or his legal representative, which shall be filed and recorded by the board: Provided, however, That the benefits and relief extended by the provisions of this act shall not embrace any land or town lots whatever except the town lots sold by the commissioners of the Illinois and Michigan canal in the towns of Chicago and Ottawa in the year one

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thousand eight hundred and thirty-six, being for the relief and benefit of those purchasers and none others.8

Approved, February 27, 1841.

1William A. Richardson introduced SB 157, originally titled “A Bill for the Relief of Purchasers of Canal Lots,” in the Senate on February 6, 1841. On February 6, the Senate referred the bill to the Committee on Canals and Canal Lands. The Committee on Canal Lands reported back the bill on February 11 with an amendment, in which the Senate concurred. On February 11, the Senate referred the bill to the Committee on the Judiciary. The Committee on the Judiciary reported back the bill on February 16 with amendments, in which the Senate did not concur. The Senate tabled the bill. On February 20, the Senate took up the bill, referring it to a select committee. The select committee reported back the bill with an amendment. The Senate amended the bill by striking out all after the enacting clause and inserting a substitute. On February 22, the Senate passed the bill as substituted by a vote of 32 yeas to 2 nays. On February 23, the House of Representatives referred the bill to the Committee on Canals and Canal Lands, of which Abraham Lincoln was a member. The Committee on Canals and Canal Lands reported back the bill on February 26 with amendments, in which the House concurred. The House passed the bill as amended. The Senate concurred with the House amendments on February 27. On February 27, the Council of Revision approved the bill and the act became law.
Illinois House Journal. 1840. 12th G. A., 473, 478, 524-25, 560; Illinois Senate Journal. 1840. 12th G. A., 245, 248, 289, 323, 363-64, 371-72, 421, 442, 451, 453.

2On February 20, 1841, the Senate struck out all of the original bill text after the enacting clause and inserted a substitute.
Illinois Senate Journal. 1840. 12th G. A.,, 363-64.

3On February 26, 1841, the House of Representatives amended the substitute coming from the Senate by striking out the word “make” and inserting the words “procure and deliver.”
Illinois House Journal. 1840. 12th G. A., 525.

4On February 26, 1841, the House of Representatives amended the substitute coming from the Senate by adding the words “or patent.”

5On February 26, 1841, the House of Representatives amended the substitute coming from the Senate by adding the words “agreeable to the laws now in force for patenting lands and lots sold by canal commissioners.” The House amendments to this section, which came from the Committee on Canals and Canal Lands, of which Lincoln was a member, are attached to the original bill text.

6On February 26, 1841, the House of Representatives amended the substitute coming from the Senate by striking out the word “valuation” and inserting words “than the amount of purchase.”

7On February 26, 1841, the House of Representatives amended the substitute coming from the Senate by striking out the word “valuation” and inserting words “amount or price given.” The House amendments to this section, which came from the Committee on Canals and Canal Lands, of which Lincoln was a member, are attached to the original bill text.

8On February 26, 1841, the House of Representatives amended the substitute coming from the Senate by adding the proviso. The House also amended the title by adding the words “in Chicago and Ottawa in 1836.” The House amendments to this section and the title, which came from the Committee on Canals and Canal Lands, of which Lincoln was a member, are attached to the original bill text.