Papers Of Abraham Lincoln

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Sec[Section] 1 Be it enacted by the people of the State of Illinois represented in the General Assembly.2 That hereafter no Ca. Sa. against the body of any defendant in execution, shall be issued, unless the plaintiff in such execution, or his or her attorney or agent, shall make affidavit, that the debtor has property, not exempted from execution as he verily believes, which the said debtor has refused to surrender for the Satisfaction of any execution, which may have been issued against his property.

Sec 2 That hereafter no judgment debtor, who shall be brought before any Probate Justice of the Peace, to obtain his discharge under the insolvent laws of this State, shall be required to schedule property which by law is exempt from execution; and in describing his indebtedness to persons other than the Creditor obtaining the Ca Sa. it shall only be necessary for said debtor to swear to the best of his knowledge and belief, and that the oath shall conform to to this act. 3

Sec 3 That any Creditor thinking himself or herself aggrieved by the discharge given to any debtor under the act4, to which this is an amendment, shall be allowed sixty days within which to take an appeal as is provided in said act.5

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Sec 4 All laws inconsistent with this act are hereby repealed. This act to take effect from and after the first day of April next.

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02/19/1841
Calhoun, John

Passed House Reps
Feby. 19^th1841
J Calhoun Clk[Clerk] H R

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N^o 146 House

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An act to amend an act, for the relief of insolvent Debtors

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[01]/[23]/[1841]
2

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[01]/[23]/[1841]
Jud[Judiciary]

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[02]/[18]/[1841]
Engrossed

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02/19/1841
passed

1Joseph Gillespie introduced HB 133 in the House of Representatives on January 23, 1841. The House referred the bill to the Committee on the Judiciary. The Committee on the Judiciary reported back the bill on February 13 with an amendment as a substitute, in which the House concurred. On February 19, the House amended the bill by adding a clause at the end of the second section, and the House passed the bill as amended. On February 25, the Senate referred the bill to the Committee on the Judiciary. The Committee on the Judiciary did not report back the bill.
Illinois House Journal. 1840. 12th G. A., 270, 388, 429, 439; Illinois Senate Journal. 1840. 12th G. A., 352, 403.

2On February 13, 1841, the House of Representatives substituted the original text with the following text.
Illinois House Journal. 1840. 12th G. A., 388.

3On February 19, the House of Representatives added the clause “ and that the oath shall conform to this act.”
Illinois House Journal. 1840. 12th G. A., 439.

4The General Assembly passed the act in question on January 12, 1829, to go into effect on June 1.
“An Act for the Relief of Insolvent Debtors,” 12 January 1829, The Revised Code of Laws, of Illinois (1829), 78-84.

5Section nine of the 1829 act provided for appeal.
“An Act for the Relief of Insolvent Debtors,” 81.