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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 aforeforesaid, 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, bis 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 file 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 the deeming land

considered amount of said redemption money so paid by him, and inter- bir

paid by num, and inter, bidder at sale. 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 cred. itor 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 when the amount of said redemption money and interest as last sells for more aforesaid, the excess over and above the amount of the same than redempshall be applied as a credit on the execution under which the redemption shall have been made, and a certificate of purchase shall be 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 re• purchaser, the same shall be done in the same manner and deeme upon the same terms, and the officer shall proceed in the same mode to offer the said lands for sale as is herein before required in case of the first redemption; and such lands may be successively redeemed within every period of sixty days so

May continue long as there shall be a judgment creditor disposed to redeem to 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. Anv 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

ion.

emed.

Penn.

Certifica be filed.

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 receiving the same, but the usual commission shall be allowed the officer selling said premises on the excess made over and above the amount of said redemption money and interest; 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.

SEC. 5. Every certificate which shall be given by any sig nable. 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 pur. suance 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

aud 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 levied upon the lands hereinafter described, and the same was struck off and sold to he being the highest and best bidder therefor, and the time and place of the sale thereof having been duly advertised according to law. Now, therefore, know all by this deed, that I of said coun. 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 appurte. nances thereto belonging, to the said

his heirs and assigns forever. Witness my hand and seal this day

in the year of our Lord one thousand eight hundred and ..

[L. s.] Where certifcate has been

i If the purchaser shall have assigned his certificate of purmessigned. chase, then there may be inserted after the word "law” in

171

the foregoing form in substance as follows: And the said

having duly assigned his certificate of purchase to (as the
case may be. A my deeds
case may be.

Sec. 7. Any deed so executed shall be evidence that the Deed shall be
provisions of the law in relation to sales of lands upon execu- evidence.
tion were complied with until the contrary shall be shown,
and such deed shall be considered as conveying to the grantee
therein named, all the title, estate and interest of the defen-
dant or defendants in the execution therein named, in and
to the lands thereby conveyed, of whatsoever nature the same
may be; but such deed shall not be construed to contain any
coyenant upon the part of the officer executing the same.

Sec. 8. In all cases hereafter where lands shall be sold When lands
under and by virtue of any decree of a court of equity, for are sold.
the sale of mortgaged lands, it shall be lawful for the mort-
gager of such lands, his heirs, executors, administrators, or
grantors to redeem the same in the manner now allowed by
law for the redemption of lands sold by virtue of executions
issued upon judgments at common law, and judgment credi-
tors may redeem lands sold under any such decree in the same
manner as is prescribed for the redemption of lands, in like
manner sold upon executions issued upon judgments at com-
mon law. Nothing in this act contained shall be so constru..
ed as to deprive any person of the lien upon any land which ing lien

i Person hold.
he may have acquired, or may hereafter acquire, by virtue deprived of
of the provisions of the act to which this is an amendment, right.
and so much of the provisions of said act as are repugnant to
the provisions of this act are hereby repealed. This act is
to take effect from and after the first day of June next.

Approved, February 19, 1841.

not

icles

e

An ACT to exempt certain articles from execution,

In force Feb. Sec. 1. Be it enacted by the People of the State of Illinois,

26, 1841. represented in the General Assembly, That each person being the head of a family and residing with the same, shall be per- Ant mitted to retain exempt from execution, in addition to the property mentioned in the nineteenth section of "An act concerning judgments and executions," approved, January sev. enteenth, one thousand eight hundred and twenty-five, sixty dollars worth of property suited to his or her occupation and condition.

SEC. 2. The first section of an act entitled “An act ex- Section reo empting certain articles from execution in addition to those pealed. already exempted by the laws of this State," approved, February first, one thousand eight hundred and forty, is hereby repealed, and the second section of said act shall be constru. ed to apply to the first section of this act.

Sec. 3. In all cases where distress shall be made for rent, before any sale shall be made of the property distrained, it

Demand for shall be the duty of the party distraining to have the defenrent shall be

dant summoned before the circuit court or justice of the proved.

peace, and then and there to prove his demand as in other cases. Justices of the peace sha'l have jurisdiction in cases under this act to the amount of one hundred dollars; and in case the defendant shall have absconded or removed from the State, then notice shall be given before justices of the peace

or the circuit court, as in cases of attachment. Articles ex- Sec. 4. That the same articles of property exempted from empt from dis.

execution by this act or the act to which this is an amendment, shall also be exempt from being taken by distress for rent.

Approved, February 26, 1841.

ent.

Wh

In force, Feb.

An ACT regulating the Sale of Property. 27, 1841.

Sec. 1. Be it enacted by the People of the State of Illinois,

represented in the General Assembly, That when any execution Property shall be issued out of any of the courts of this State, whether

hen levied of record or not, and shall be levied on any real or personal on by execution.

property, or both, it shall be the duty of the officer levying such execution, to summon three housholders 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 officer shall choose for them; which householders, after being duly sworn by such officer so to do, shall fairly and impartially value the

property upon which such execution is levied, having referEndorsement. ence to its cash value, and they shall endorse the valuation

thereof upon the execution, or upon a piece of paper there.

unto attached, signed by them, and when such property shall Sale how made.

be offered for sale, it shall not be struck off, unless two-thirds

of the amount of such valuation shall be bid therefor: ProProviso. vided, always, That the plaintiff in any execution issued from

any court of record of this State, may elect on what properPlaintiff may is

uy ty he will have the same levied, except the land on which elect.

the defendant resides, and his personal property, which shell 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 plaintiff in execution may elect on what person. Exception. al property he will have the same levied, excepting and re

serving, however, to the defendant in execution, in all cases,

such an amount and quantity of property as is now exempt Further pro- from execution by the laws of this State: And provided fur

ther, That all sales of mortgaged property shall be made ac

cording to the provisions of this act, whether the foreclosure Sale of mort- of soij

of said mortgage be by judgment at law or decree in

m gaged proper

chancery. The provisions of this act shall extend to all

judgments rendered prior to the first day of May, eighteen Judgmente hundred and forty one, and to all judgments that may be ren1841. "dered on any contract or cause of action accruing prior to

viso.

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the first day of May, eighteen hundred and forty-one, Judgments on and not to any other judgments than as before specified. contracts.

Sec. 2. When any property shall be levied on and appraised in the manner required by this act, and the same shall Property levibc susceptible of a division, no greater quantity thereof ed on may be

divided. 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 pas. Duty of Sec'y sage; and the Secretary of State is hereby required to have of State. a thousand copies thereof printed immediately after its ap. proval, and transmit them to the clerks of the county commissioners' courts of the several counties in this State for distribution among the proper officers thereof.

Approved, February 27, 1841.

An ACT reorganizing the Judiciary of the State of Illinois.

In force, Feb. Sec. 1. Be it enacted by the People of the State of Illinois, 10, 1841. represented in the General Assembly, That “An act establishing a circuit court north of the Illinois river," approved, Jan-Acts repealed uary eighth, one thousand eight hundred and twenty-nine; also “An act to establish a uniform mode of holding circuit courts," approved, January seventh, one thousand eight hundred and thirty-five; also, “An act dividing the State into judicial circuits," approved, January seventeenth, one thousand eight hundred and thirty-five; also, “An act forming an additional judicial circuit," approved, February fourth, one thousand eight hundred and thirty-seven; also, “An act' dividing the State into judicial circuits,” approved, February twenty-tbird, one thousand eight hundred and thirty-nine; and also, all other acts and parts of acts establishing circuit courts and authorizing the election of circuit judges in this State, be, and the same are hereby repealed.

SEC. 2. There shall be appointed by joint ballot of both Additional branches of the General Assembly at the present session judges. thereof, five additional associate justices of the supreme court, who in connection with the chief justice and present associate justices, shall constitute the supreme court of the State of Illinois.

Sec. 3. The State shall be divided into nine judicial cir- State divided cuits, and the aforesaid chief justice and eight associate jus-into circuits, tices shall perform circuit duties in said circuits, in such manner and at such times as shall be provided by law, and shall possess the same powers and jurisdiction, and be governed by the same rules, régulations and restrictions that are now Powers of applicable to the present circuit courts of this State.

judges.

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