The Illinois free trader. (Ottawa, Ill.) 1840-1841, 1841-03-12
Hon. JESSE B. TnoMAs has been appointed at
torncy to the mother Bank.

Hon. JESSE u. Thomas has been appointed at
torncy to the mother Bank
| We publish below the "Act regulating the sale
ofproperty." We have heretofore expressed our
views of the provisions of this law, and have seen
no reason to change them. In every point Of
view, we cannot but regard the measure as indie
fensiblc. 1t seems to be impolitic and unjust, and
virtually to ''mpair the obligation of contracts"
AN ACT regulating the sale of property.
Sec. /. Be it enacted by the people of
the state of Illinois represented in the
General Assembly, That when any exc
cution shall be issued out of any of the
courts of this state, whether Of record or
not, and shall be levied on any real or
personal property, or both, it shall be the
duty of the officer levying such execution,
to summon three householders Of the
proper county, one of whom shall be cho-
sen 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 fair
ly and impariially value the property upon
which such execution is levied, having
reference to its cash value, and they shall
endorse the valuation thereof upon the
execution, or upon piece of paper there
unto attached, signed by them; and when
such property shall be offered for sale, it
shall not be struck off unless two thirds Of
the amount Of such valuation shall be paid
therefor. Provided, al,cayS, That the
plaintiff III any execution issued from any
court of record of this state may elect on
what property he will have the same le
We'd, except the land on which the defcn-
dant resides, and his personal property,
which shall be last taken in execution
and in all other executions issued from
any of the courts of this state, no! beng
courts of record, the plaintiff in execution
may elect on what personal property he
will have the same levied, excepting and
reserving, however, to the defendant in
execution in all cases, such due amount
and quality Of property as is now exempt
from execution by the laws Of this state,
and Procided, further, That all sales Of
mortgage property shall be made accord
ing TO the provisions of this act, whether
the foreclosure of said mortgage be by
Judgment at law, or decree in chancery.
The provisions of this act shall extend to
all judgments rendered prior to the first
day of May, eighteen hundred and forty
one, and to all judgments that may be
rendered on any contract or cause OF ac-
ton accruing prior to the first day Of
May, eighteen hundred and forty one and
not to any other judgments than as before
specified.
Seq When any properly shall be !e
We'd on and appraised in the manner re-
quired by this act, and the same shall be
susceptible of a division, no greater guam
uty thereof 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 there
of shall be offered for sale by the officer
| in whose hands such execution or eXecu-
tons may have been placed for collection.
Sec. 3. This act shall be in force from
and after its passage, and the Secretary OF
State is hereby required to have thou
sand copies thereof printed Immediately
after the approval, aud transmit them to
the clerks of the county commissioners
courts of the several counties in this state
for distribution among the proper officers
thereof. w. l.. ID. EWING,
Speaker of the House OF Representatives.
S. II. ANDERSON,
Speaker of the SENATE
Approved, Feb. 81, 1871.
THOMAS CARLIN.
STATE OF ILLINOIS, D..
Office qfMe Seeretayy Of STATE. s 90
/, Stephen A. Douglass, secretary o
state, do hereby certify the foregoing II
be a true and perfect copy Of the secon'
section of the enrolled law on Tile in ny
Office.
Witness my hand and seal 0
i T.. 81 state, Springfield, 9Th Feb
ruary, 1871.
s. A. DOUGLASS, sec. of state.