Provided, That in case the party in whose favor any such judgment shall have been entered, shall be restrained by injunction out of chancery, or order of any judge or court, either from issuing execution, or selling thereon, the time which he shall be so restrained shall not be deemed or considered as any part of the said seven years. The term "real estate" in this section shall be construed to include all interest of the defendant or any person to his use, held or claimed by virtue of any deed, bond, covenant or otherwise, for a conveyance, or as mortgagee or mortgagor of lands in fee, for life or for years.

SEC. 2. When any judgment shall have become a lien as aforesaid, and the defendant happen to die before execution shall have been issued thereon, the remedy of the person in whose favor the said judgment shall have been rendered, shall not be delayed or suspended by reason of the non-age of any heir or heirs of such defendant; but no execution shall issue upon such judgment, until the expiration of one year after the death of such defendant; nor shall any previous law of this State, which gives no preference to the claims of a creditor of a deceased debtor, be so construed as to impair or affect the lien of any judgment as aforesaid. SEC. 3. The legal holder or holders by record, of any certificate of purchase of lands from the United States, shall be deemed to be within the true intent and meaning of this chapter.

SEC. 4. In all executions to be issued upon judgments hereafter to be recovered upon contracts either express or implied, it shall be lawful to direct the collection of interest on the said judgment from the time of recovering the same until paid, at the rate of six per centum per annum.

SEC. 5. It shall be lawful for the party in whose favor any judgment as aforesaid may be obtained, to have execution in the usual form, directed to any county in this State, against the goods, chattels, lands and tenements of such party defendant, or upon his body when the same is authorized by law, provided that no execution shall issue against the body of such debtor, except as is provided in chapter fifty-two of the Revised Statutes.

SEC. 6. Nothing herein shall restrain or prevent any execution from being issued against the body of any defendant, where the judgment shall have been obtained for a tort or trespass committed by such defendant.

SEC. 7. No execution shall be issued against the body, or against the goods, chattels, lands and tenements of any heir, executor or administrator, unless such person shall have made his estate liable to the same debt by false pleading or otherwise.

SEC. 8. All executions shall be made returnable ninety days after date, and no writ of execution shall bind the property of the goods and chattels of any person against whom such writ shall be issued, until such writ shall be delivered to the sheriff or other officer, to be executed; and for the better manifestation of the said time, the sheriff or other officer shall, on the receipt of every such writ, indorse upon the back thereof, the hour, day of the month and year, when he received the

same.

SEC. 9. The plaintiff in execution, may elect on what property he will have the same levied, except the land on which the defendant resides, and his personal property, which shall be last taken in execution, excepting and reserving, however, to the defendant in execution, such property as is, or may be, by law, exempt from

execution.

SEC. 10. When any property, real or personal, shall be taken in execution, if such property be susceptible of division, it shall be sold in such quantities as may be necessary to satisfy such execution and costs.

SEC. 11. No lands or tenements shall be sold by virtue of any execution aforesaid, unless such sale be at public vendue, and between the hours of nine in the morning and the setting of the sun of the same day, nor unless the time and place of holding such sale shall have been previously advertised, for the space of twenty days, by putting up written or printed notices thereof, in at least three of the most public places in the county where the lands may be situated, specifying the name of the plaintiff and defendant in the execution, and in all which notices, the lands or tenements to be sold shall be described with reasonable certainty, by setting forth their number, or by some other appropriate description; and if any sheriff or other officer shall sell any lands or tenements by virtue of any such execution, otherwise than in the manner aforesaid, or without such previous notice, the sheriff, or other officer, so offending, shall, for every such offence, forfeit and pay the sum of fifty dollars, to be recovered with costs of suit, in any court of record in this State, by the person whose lands may have been advertised for sale: Provided, however, That no such offence, nor shall any irregularity on the part of the sheriff or other officer having the execution, be deemed to affect the validity of any sale made under it, unless it shall be made to appear that the purchaser had notice of such irregularity.

SEC. 12. Whenever any lands or tenements shall be sold by virtue of any execution, it shall be the duty of the sheriff or other officer, instead of executing a deed for the premises sold, to give to the purchaser or purchasers of such land or tenements a certificate in writing describing the lands or tenements purchased, and the sum paid therefor, or if purchased by the plaintiff in the execution, the amount of his bid, and the time when the purchaser will be entitled to a deed for such lands or tenements, unless the same shall be redeemed, as is provided in this chapter, and such sheriff or other officer shall, within ten days from such sale, file in the office of the recorder of the county, a duplicate of such certificate, signed by him and such certificate, or a certified copy thereof, shall be taken and deemed evidence of the facts therein contained.

SEC. 13. It shall be lawful for any defendant, his heirs, executors, administrators or grantees, whose lands or tenements shall be sold, by virtue of any execution within twelve months from such sale, to redeem such lands or tenements, by paying to the purchaser thereof, his executors, administrators or assigns, or to the sheriff or other officer who sold the same, for the benefit of such purchaser, the sum of money which may have been paid on the purchase thereof, or the amount given or bid, if purchased by the plaintiff in the execution, together with interest thereon at the rate of ten per centum from the time of such sale, and on such sum being made as aforesaid, the said sale and the certificate thereupon granted shall be null and void.

SEC. 14. After the expiration of twelve months, and at any time before the expiration of fifteen months, from the sale of any lands or tenements under the provisions of the preceding sections hereof, it shall be lawful for any judgment creditor to redeem the same in the manner following: Such judgment creditor shall sue out an execution upon his judgment, and place the same in the hands of the proper officer to execute the same, and thereupon said officer shali indorse 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 aforesaid, 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 lands are situated, a certificate of the redemption thereof by 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. 15. Any judgment creditor, having so redeemed such lands, shall be considered as having bid at such sale the amount of said redemption money so paid by him, and interest 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 the amount of said redemption money and interest as last aforesaid, the excess over and above the amount of the same shall 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 hereinbefore prescribed, 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 herein prescribed by some other judgment creditor; and if said lands shall be redeemed from said second purchaser, the same shall be done in the same manner and 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 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.

SEC. 16. Any judgment creditor or creditors may redeem the whole or any part or portion of the lands or tenements previously sold upon execution: Provided, Such redemption shall be made in the like distinct quantities or parcels in which the same were sold.

SEC. 17. 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 in the twelfth section hereof, shall be filed in the office of the recorder of the county in which the lands so sold under execution shall be situated.

SEC. 18. Every certificate which shall be given by any officer to any purchaser under the provisions of this chapter, shall be assignable by indorsement 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. 19. The deed to be executed by the officer to the purchaser under the provisions of this chapter, 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:

of

and day

"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 costs of suit, upon which judgment an execution was issued, dated on the A. D., 18 directed to to execute, and by virtue of said execution the said levied upon the lands hereinafter described, and the same were 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 county 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 in the year of our Lord one thousand eight hundred and [L. S.]" SEC. 20. If the purchaser shall have assigned his certificate of purchase, then there may be inserted after the word "law" in the foregoing form in substance as follows: "And the said having duly assigned his certificate of purchase

of

to," (as the case may be.)

SEC. 21. Any deed so executed shall be evidence that the provisions of the law in relation to sales of lands upon execution 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 defendant 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 covenant upon the part of the officer executing the same.

SEC. 22. If such lands or tenements so sold, shall not be redeemed as aforesaid, either by the defendant or by such creditor as aforesaid, within fifteen months from the time of such sale, it shall be the duty of the sheriff or other officer, who sold the same, or his successor in office, or his executors or administrators, to complete such sale, by executing a deed to the purchaser; and if any creditor shall redeem such lands or tenements as aforesaid, it shall be the duty of the sheriff, or other officer, on the expiration of fifteen months from the time of such sale, to execute a deed to such creditor as the original purchaser; and such deeds shall be as valid and effectual in law, as if such creditor had been the original purchaser.

SEC. 23. If default be made in the payment of any sum of money, secured by mortgage on lands and tenements, duly executed and recorded, and if the payment be by instalments, and the last shall have become due, it shall be lawful for the mortgagee, his executors or administrators, to sue out a writ of scire facias from the clerk's office of the circuit court of the county in which the said mortgaged premises may be situated, or any part thereof, directed to the sheriff or other proper officer of such county, requiring him to make known to the mortgagor, or if he be

dead, to his heirs, executors or administrators, to show cause if any they have, why judgment should not be rendered for such sum of money as may be due by virtue of said mortgage; and upon the appearance of the party named as a defendant in said writ of scire fucias, the court may proceed to judgment, as in other cases: but if said scire facias be returned nihil, or that the defendant is not found, an alias scire facias may be issued; and if it be returned as aforesaid, or if the defendant appear and plead, or make default, the court may proceed to give judgment with costs, for such sum as may be due by said mortgagee, or appear to be due by the pleadings, or after the defence, if any be made; and also, that said mortgaged premises be sold to satisfy such judgment, and may award or direct a special writ of fieri facias, for that purpose, to the county or counties in which said mortgaged premises may be situate, and on which the like proceedings may be had, as in other cases of execution levied upon real estate: Provided, however, That the judgment aforesaid shall create no lien on any other lands or tenements than the mortgaged premises, nor shall any other real or personal property of the mortgagor be liable to satisfy the same; but nothing herein contained shall be so construed as to affect any collateral security given by the mortgagor, for the payment of the same sum of money or any part thereof, secured by the mortgage deed.

SEC. 24. In all cases hereafter, where lands shall be sold under and by virtue of any decree of a court of equity, for the sale of mortgaged lands, it shall be lawful for the mortgagor of such lands, his heirs, executors, administrators or grantors to redeem the same in the manner prescribed in this chapter, for the redemption of lands sold by virtue of executions issued upon judgments at common law, and judgment creditors 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 common law.

SEC. 25. When a writ of attachment or a writ of execution is issued from the circuit court of one county, to any sheriff or other officer of another county, and levied upon any real estate in such county, it shall be the duty of the officer making such levy, to make a certificate thereof, and file the same in the recorder's office of the county where such real estate is situated; and until the filing of such certificate, such levy shall not take effect as to creditors or bona fide purchasers without notice.

SEC. 26. When a writ of attachment is levied upon any real estate, in any case, it shall be the duty of the officer making the levy, to file a certificate of such fact with the recorder of the county where such land is situated; and from and after the filing of the same, such levy shall take effect as to creditors and bona fide purchasers without notice, and not before.

SEC. 27. It shall be the duty of the recorder of the proper county, to file and record the certificates mentioned in the foregoing sections, in a book to be kept for that purpose; for which he shall be entitled to receive the same fees as for recording other papers, to be paid by the plaintiff, in such execution or attachment, and be taxed and collected by the sheriff as other costs.

SEC. 28. Such certificate may be in substance in the following form: "STATE OF ILLINOIS,

of

}

I do hereby certify that by virtue of a certain writ

SS. COUNTY, to me directed, from the circuit court of against dated 184 I did on this following real estate: (here describe it.) (or coroner as the case may be.)

county, in favor of

day of

184, levy upon the