« ForrigeFortsett »
Oath of asies- sessor shall, in addition to the oath now required by law, be re■°r. quired to swear particularly that he will in no instance value
any land at three dollars per acre, that he, in his conscience, believes to be worth more. Gov. to issue Sec. 4. The Governor shall from time to time issue such bonds. an amount of State bonds as may be absolutely necessary to
raise funds for the payment of interest on the Slate debts, that there is no other means of paying, and also, sufficient to redeem all State bonds now hypothecated. Bonds sold by SEC# 5 Said bonds shall be sold by the Fund Commissionun om r. ^ ^ ^e Dest price they will command, and the proceeds by him faithfully applied to the foregoing objects. Bonds, when sEC. g. Said bonds shall be reimbursable after the year paya e. one thousand eight hundred and sixty-five, and bear interest
at the rate of six per cent, per annum payable half yearly. Interest. Sec. 7. A sufficiency of the said fund is hereby irrevoca
bly pledged for the payment of interest on the said bonds so sold, and the same shall be applied to that object in preference to all other objects.
Approved, February 27, 1841.
An ACT to amend the several laws to provide for the distribution of the •°rfoS 1 D" interest on the school, college, and seminary fund.
Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That the commissioners
of interest" on of t^e school iund,in making a distribution of the interest on
school fund, the school, college, and seminaiy fund to the several counties
in this State under the census of eighteen hundred and forty,
be and they are hereby authorized and required to adopt, as
Basis for dis-a basis for such distribution, the census returns of the Uni
tr ution. ted States, ]\|arshal from such counties as may have failed to
take and make return of the census under the laws o/ this
State previous to the passage of this act.
Approved, January 7, 1841.
An ACT to amend an act entitled "An act to provide for the settlement In force, Dec. of debts and liabilities incurred on account of internal improvements in 14, 1840. the State cf Illinois," approved, February 1st. 1840.
Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That so much of M An Act repealed, act to provide for the settlement of debts and liabilities incurred on account of internal improvements in the State of Illinois," approved, February first, one thousand eight hundred and forty, as provides for the election of a board of public works, and the appointment of their clerks and secretaries, be, and the same is hereby repealed after the fifteenth day of December, one thousand eight hundred and forty.
Sec. 2. Be it further enacted, That the said commissioners shall by the said fifteenth day of December, deliver over Com'rs to deto the treasurer of the State of Illinois, all books, records, liver books, papers, maps, plats, profiles, accounts, or other papers in their possession, also, all property of every description in their possession pertaining to their respective offices connected with the system of internal improvements, and it shall be the duty of the treasurer to take charge of the same.
Sec. 3. Be it further enacted, That it shall be the duty of Treasurer to the treasurer to audit, adjust and settle the accounts of the adjust acc'ts. said commissioners, and in case any member of said board shall be found in arrear to the State, it shall be his duty to cause suit forthwith to be instituted against such person.
Sec. 4. Be it further enacted, That the compensation of Pay of officers all engineers, agents, and other persons in the employmentIO oea :eof the board of public works shall cease and determine at and upon the passage of this act.
Sec. 5. Be it further enacted, That no State scrip or Scrip shall not drafts shall be issued after the passage of this act. '.,s?uet.
Sec. 6. Be it further enacted, That the treasurer of the ~ State, for the faithful discharge of the duties imposed upon give bond. him by this act, shall give bond to the people of the State of Illinois, with one or more good securities, to be approved by the Governor, in the penalty of twenty thousand dollars.
Sec 7. Be it further enacted, That the treasurer is here-Agent to be by authorized to appoint an agent to take charge of such appointed, parts of rail roads as may be completed, and all the cars, engines and other things belonging to said roads until otherwise provided for by law.
Approved, December 14, 1840.
An ACT to provide for paying the interest on the internal improvement
In force, Dec. 16 1840. Sec. 1. Be it enacted by the People of the State of Illinois,'
represented in the General Assembly, That the Fund Commissioner is hereby authorized and empowered to hypothe- Fondcom'r to cate any amount of State internal improvement bonds which bonds. may be necessary, not exceeding three hundred thousand dollars, to raise a sufficient sum of money to pay the interest which will legally fall due on the internal improvement debt on the first Monday of January, one thousand eight hundred and forty-one.
Sec 2. Said money so to be borrowed, shall bear an an- Time of renual interest at a rate not to exceed seven per centum per demption. annum. Said bonds, hereby hypothecated, shall be redeemable at any time before the year one thousand eight hundred
Proviso. and forty-three: Provided, That interest shall not run on the bonds hereby hypothecated, unless said bonds shall be forfeited by the State. Approved, December 16, 1840.
An ACT to facilitate the collection of judgments by executors and In force Feb. administrators. 19, 1841.
Sec. 1. Be it enacted by the People of the State of Illinois, repDeath of pl'ff. resented in the General Assembly, That the collection of the dercol^ection juc'gments °f courts of record shall not be delayed or hinderof judgments! by the death of the plaintiff or person in whose name the judgment shall exist; but the executor or administrator, as the case may be, may cause the letters testamentary or memary'tobe °^ administration to be recorded in the court in which recorded. the judgment exists; after which, execution may issue and proceedings be had thereon in the name of the executor or administrator, as such, in the same manner that could or might be done or had, if the judgment exists and remained in the name and in favor of the executors or administrators, in his, her or their capacity as such executor or administrator.
Liec not to ^Ec" ^' ^ne ''en crea-ted by law on property shall not abate. abate or cease by reason of the death of any plaintiff or plain
tiffs; but the same shall survive in favor of the executor or administrator of the testator or intestate, whose duty it shall be to have the judgment enforced in manner aforesaid. Exocutormay Sec. 3. When it shall be necessary in order to secure the purchase. collection of any judgment in favor of any executor or administrator, it shall be the duty of such executor or administrator to bid for and become the purchaser of real estate at sheriff's sale; which real estate so purchased shall be assetts in his hands, and may be again sold by him upon the order of the court of probate, and the monies arising from such sale paid over and accounted for as other monies in his hands.
Approved, February 19, 1841.
[[An ACT to amend] "An act concerning judgments and executions, ap
In force June Pr0Ted' January 17th - 1825"
Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That after the expiralands'may be l'on °^ twe've months, and at any time before the expiration redeemed. of fifteen months, from the sale of any lands or tenements under the provisions of the act to which this is an amendment, it shall be lawful for any judgment creditor to redeem the Manner of re-same in the manner following: Such judgment creditor shall demption. sue out an execution upon his judgment, and place the same in the hands of the proper officer to execute the same, and Endorsement. tnereUpon S.A[^ officer shall endorse upon the back of said execution a levy upon the land or tenements which said judgment creditor may wish to redeem, and said judgment creditor shall pay to said officer into whose hands he shall have placed his execution as afore foresaid, the amount of money for which said premises may have been sold with ten per centum per annum interest thereon from the date of such sale for the use of the purchaser thereof, his executors, administrators, or assigns, upon payment of which, said officer shall file in the recorder's office of the county in which said Certificate to lands are situated, a certificate of the redemption thereof by be filed. . said judgment creditor under said execution, and shall advertise and offer the same for sale under and by virtue of said execution, in the same manner that other lands are required to be advertised and exposed to sale on execution in other cases.
Sec. 2. Any judgment creditor having so redeemed such Creditors relands, shall be considered as having bid at such sale thedeem*?S |?nd amount of said redemption money so paid by him, and inter- bidder aVsale. est thereon from the date of such redemption to the day of sale; and if no bid greater than said amount shall be offered, the lands shall be struck off and sold to such judgment creditor or creditors, and a deed thereof shall forthwith be executed by such officer to such creditor or creditors, and no other redemption shall be allowed; but if another and higher bid shall be made therefor, and the said lands sold for more than yvnen jand the amount of said redemption money and interest as last sells for more aforesaid, the excess over and above the amount of the same t!lnn redempshall be applied as a credit on the execution under which thetl°n. redemption shall have been made, and a certificate of purchase shall D3 executed to the new purchaser in the manner prescribed in the act to which this is an amendment, for a deed of said land so sold within sixty days from the date of such . sale, unless the same shall be redeemed in the meantime in the manner prescribed in this act by some other judgment creditor; and if said lands shall be redeemed from said second Lands repurchaser, the same shall be done in the same manner and eeme(1, upon the same terms, and the officer shall proceed in the same mode to offer the said lands for sale as is hereinbefore required in case of the first redemption; and such lands may be successively redeemed within every period of sixty days so long as there shall be a judgment creditor disposed to redeem t°'redeem.'"16 the same, on the terms and in the manner aforesaid; and after the Lapse of any period of sixty days without redemption, it shall be the duty of the officer who last sold such lands on the execution under which the same shall have been last redeemed, or his successor in office, to execute a deed for the lands so sold to the last purchaser, in like manner as other deeds for lands sold on execution are made.
Sfc. 3. Any judgment creditor or creditors may redeem the whole or any part or portion of the lands or tenements proviso previously sold upon execution: Provided, That such re
demption shall be made in the like distinct quantities or parcels in which the same were sold.
Sec 4. No commission upon the amount of the redemption money paid in any case shall be allowed to the officer re ceiving the same, but the usual commission shall be allowed the officer selling said premises on the excess made over and
Certificate t0 above the amount of said redemption money and interest;
be filed. the duplicate copy of the certificate of purchase required by
the act to which this is an amendment, to be filed in the office of the clerk of the county, shall in all cases hereafter be filed in the office of the recorder of the county in which the lands so sold under execution shall be situated.
Certificate as- ^Ec* "*" Every certificate which shall be given by any
eignnble. officer to any purchaser under the provisions of this act, or the act to which this is an amendment, shall be assignable by endorsement thereon, under the hand of such purchaser or purchasers, his, her, or their heirs, executors, administrators or assigns, and every person to whom the same shall be so assigned shall be entitled to the same benefits therefrom in every respect that the person therein named would have been if the same had not been assigned; and in case the lands mentioned in such certificate shall not be redeemed in pursuance of law, shall be entitled to a deed therefor.
Sec. 6. The deed to be executed by the officer to the purchaser under the provisions of this act, or the one to which this is an amendment, shall contain a statement of the judgment upon which the lands therein described were sold, and of the date of the execution, and may be in the following form:
Form of deed. Whereas, A. B. did at the term of the circuit court for the county of (as the case may be) recover a judgment
against C. D. for the sum of and costs of suit,
upon which judgment an execution was issued, dated on the
day of A. D., 18 , directed to
to execute, and by virtue of said execution the said
best bidder therefor, and the time and place of the sale
ty of in consideration of the premises, have granted,
bargained and sold, and do hereby convey to the said his (her or their) heirs and assigns, the following described tract or tracts of land, (here describe the lands,) to have and to hold the said described premises with all the appurtenances thereto belonging, to the said his heirs and assigns forever. Witness my hand and seal this day of in the year of our Lord one thousand eight hundred , .. and • [l. S.] cawhlu'bVeiJ If the purchaser shall have assigned his certificate of purasaigned. chase, then there may be inserted after the word "law" in