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Whereas the sales made by John Funkhouser the late school Commissioner of Effingham County of the lots of land in the sixteenth sections,2 Townships six and eight North of Ranges five and six east of the third principal
meridian3 in said county of Effingham were illegal and contrary to the statute in such cases made and provided in as much
as said sales were made at less than the valuation price: Therefore,
Sec. [Section]1. Be it enacted by the people of the State of Illinois represented in the General Assembly, That the sales of lots of land in the sixteenth sections, Townships six and eight
north of Ranges five and six east of the third Principal Meridian theretofore made
by John Funkhouser late school commissioner of the said county of Effingham be and the same are hereby rendered null and made void and of no effect in law and
all bonds, notes, or other obligations which may have grown out of such sales shall
be mutually exchanged & cancelled.
Sec. 2. That under the provisions of the laws in relation to the subject now in force
or may hereafter be in force, The school commissioner of the said County of Effingham, be and he is hereby required to cause a resale of the lots of land in the said sixteenth
sections, according to such person or persons as have heretofore purchased any lot
or lots of land in said sections the right of preemption to his or their respective
lot or lots as aforesaid.
Sec. 3. Be it further enacted, That the first and second sections of this act shall in
all respects be applicable to section number sixteen in Township number three North
of Range number eight east of the third principal meridian4 in Clay County and the school Commissioner of said County of Clay is required to act in all respects in conformity to this act as it relates to such
parts5
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of school land.
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1On January 23, 1841, William J. Hankins in the House of Representatives presented the petition of citizens of Effingham County, relating to the sale of certain sixteenth sections in said county. The House referred
the petition to a select committee. In response to this petition, Hankins of the aforesaid
select committee introduced HB 241 in the House on February 15. The House amended
the bill by adding an additional section relating to Clay County. On February 19, the House passed the bill as amended, amending the title to include
the words “and Clay.” On February 25, the Senate referred the bill to the Committee
on the Judiciary, which did not report back the bill.
Illinois House Journal. 1840. 12th G. A., 267, 401-02, 418, 444; Illinois Senate Journal. 1840. 12th G. A., 359, 402.
2The Land Ordinance of 1785 provided that money gained through the sale of lots in sixteenth sections would go
to financing public schools.
5On February 15, 1841, the House of Representatives added this section.
Illinois House Journal. 1840. 12th G. A.,401-02.
6On February 19, 1841, the House of Representatives amended the title by adding the words “ and Clay.”
Illinois House Journal. 1840. 12th G. A., 444.
Handwritten Document, 4 page(s), Folder 419, HB 241, GA Session 12-2,
Illinois State Archives (Springfield, IL) ,