SEC. 14. Replications shall be filed within four days Replication. after answer, if such answer be put in [in] term time; or if in vacation, then the plaintiff or his attorney shall have notice of the filing of the answer, and which shall be general, and all parties shall have the same advantages, as if they were special: and after replication filed, the cause shall be deemed at issue, and stand for hearing at the next term: or in default of filing such replication, the cause may be set for hearing upon bill and answer; in which case the answer shall be taken as true, and no evidence shall be received, unless it be matter of record to which the answer refers. When the complainant shall require a discovery respecting the matters charged in the bill, the disclosure shall not be deemed conclusive, but if a replication be filed, may be disproved or contradicted like any other testimony, according to the practice of courts of equity.

tend time of

SEC. 15. The said circuit courts, when sitting as courts Courts may exof equity, may extend the time for answering, replying, answering. pleading, demurring, or joining in demurrer, and may permit the parties to amend their bills, petitions, pleas, answers, and replications, on such terms as the court may deem proper, so that neither party be surprised or delayed thereby.

SEC. 16. The said circuit courts may, in their discretion, May direct direct an issue or issues, to be tried by a jury whenever it issues to be tried by jury. shall be judged necessary in any case in equity, pending in any of the said courts. In all other cases in equity, the mode of trial shall be the same as has been heretofore practised in courts of chancery.

and defendants

more die.

SEC. 17. If in any suit or action now pending, or which shall hereafter be brought in any court of chancery, there Complainants are or shall be two or more complainants or defendants, where one or and one or more of them die, (if the cause of such action or suit survive to the surviving complainant or complainants, or against the surviving defendant or defendants,) such suit or action shall not thereby be abated, but such death being suggested and shewn to the satisfaction of the court, such suit or action shall proceed at the suit of the surviving complainant or complainants, and against the surviving defendant or defendants.

SEC. 18. Where there shall be two or more complainants or defendants, in any suit or action in chancery as When cause of aforesaid, and any of them die, and the cause of action action does not survive, do not survive, but other persons shall become parties in interest, in right, or by the death of such deceased party, such suit or action shall, by reason of such death, be abated only with respect to such deceased party. The surviv

When representatives are desired to be made parties.

ing complainant or complainants may proceed against the surviving defendant or defendants without reviving the suit against the representatives of the deceased party, or any other who may become interested by the death of such party; but in such case, such representatives or other persons becoming interested by the death of such party, shall not be bound by any order or decree in such cause to which they are not made parties; and they may be made parties in the manner hereinafter provided.

SEC. 19. In all cases where all the complainants or defendants, in any suit now pending, or hereafter to be brought in any court of chancery, shall die before final. decrce, such suit or action shall not thereby be abated, but may be revived in the name of the legal representatives of the deceased, or other person becoming interested in the cause of action by the death of such party.

SEC. 20. Where any complainant or complainants in any suit in chancery shall wish to make the representatives of any deceased defendant, or others who may become interested by the death of such defendant parties to such suit, no bill of revivor shall be necessary, but such death being suggested, and shewn to the satisfaction. of the court, or clerk in vacation, a summons in the nature of a scire facias may be issued against all persons residing in this state, so to be made parties; such court or clerk may make an order of publication, as to all such as are non-residents, or whose names are unknown, in the same manner as in case of non-resident, or unknown original defendants, which summons shall be served and returned, and such order published in the same manner, and with the like effect to all intents and purposes as is required in like cases of summoning or notifying original defendants. If any person so summoned or notified shall not, within such time after service or publication as the court shall limit or appoint, appear and put in his answer, or signify his disclaimer of the suit and the matters in controversy therein, the complainant or complainants may cause his appearance to be entered, and in such case the answer of the deceased party, if any there be, shall be deemed and taken as and for the answer of such representatives or other person summoned or notified as aforesaid; if there be no answer, proceedings shall be had in all respects against such person, as if he had been originally a defendant: when such deceased party shall have been complainant, in any such suit pending as aforesaid, the lawful representative of such deceased complainant, or any other person or persons who may have become interested in the cause of action by the death of

such complainant, shall and may, upon affidavit thereof by him or them, or by any other competent person, and on motion made in court, be, by the rule and order of the court, inserted as a complainant or complainants, in the said suits, and be permitted to make such amendments in the bill, as his, her, or their title or interest therein may require; to which amendments the defendants shall be compelled to answer as to the original bill; if such person or persons shall not, within such time as the court shall limit and appoint, cause himself, herself, or themselves to be entered as complainant or complainants in the room of such deceased complainant, then the surviving complainants, (if any,) shall proceed in such suit against the defendant or defendants: If there be no such surviving complainant, and the representatives of the deceased complainant, or other persons interested, shall not appear as aforesaid, the suit shall be abated.

deed.

SEC. 21. Whenever a decree shall be made in any suit When a decree in equity, directing the execution of any deed or other shall direct the writing, and the party against whom the same shall have execution of a been entered shall not comply therewith, within the time required, it shall be lawful for the court to appoint a commissioner to execute the same; the execution thereof by such commissioner shall be as valid in law to pass, release, or extinguish the right, title, and interest of the party on whose behalf it is executed, as if it had been excuted by such party in proper person, in conformity with such decree; and such deed or other writing, if it relate to land, shall, within six months after its execution by such commissioner, be recorded in the office of the recorder of the county wherein the lands may lie; and if it be not recorded as aforesaid, it shall be void as to subsequent bona fide purchasers, without notice. In all cases where a sale of property is decreed, the court may direct the same to be made for cash, or on such credit, and on such terms as it may deem best and most equitable to the interests of the several parties.

SEC. 22. All deerees given in causes in equity in this Decrees shall state, shall be a lien on real estate, and shall have the be liens on real same force and effect as judgment at law. If no com- estate. missioner be appointed to carry such decree into effect, such decree may be carried into effect by execution or other final process, according to the nature of the case, directed to the sheriff or other officer of the proper county; which when issued, shall be executed and returned by the sheriff or other officer to whom it may be directed, and shall have the same operation and force, as similar writs issued upon a judgment at law. The sheriff

Court may ap

an ad litem.

or other officer to whom the same is directed, shall be subject to the like penalties and recoveries for misconduct or neglect in the execution or return thereof, as in cases at law; or the court may, if necessary, direct an attachment to be issued against the party disobeying such decree, and fine or imprision him, or both, in the discretion of the court, and may also direct a sequestration for disobedience of any decree.

SEC. 23. In any cause in equity it shall be lawful for point a guardi- the court in which the cause is pending to appoint a guardian ad litem, to any infant, or insane defendant in such cause, whether such infant or insane defendant shall have been served with process or not, and to compel the person so appointed to act. By such appointment such person shall not be rendered liable to pay costs of suit; and he shall moreover be allowed a reasonable sum for his charges as such guardian, to be paid by the party at. whose motion he was appointed, to be taxed in the bill of costs.

SEC. 24. All acts and parts of acts coming within the Acts repealed. intent, spirit, and meaning of this act, and the objects.

and proceedings to which it relates, and heretofore in force in this state, are hereby repealed. No proceedings, however, had, or rights secured under them, shall be in any way impeded or impaired, but may be prosecuted and enforced as if this act had not taken effect. This act to take effect on the first day of June next. APPROVED, Feb. 13, 1833.

CLERKS.

In force Feb. AN ACT to authorize Clerks of the circuit and county commissioners' courts to appoint deputies in certain cases.

9, 1831.

May appoint deputies.

To attend in

person when practicable.

SEC. 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That the several clerks of the circuit and county commissioners' courts, in this state, be, and they are hereby authorized to appoint deputies, who shall severally take an oath for the faithful discharge of the duties of their office, and for whose conduct the principal clerk shall, in all cases, be responsible.

SEC. 2. The principal clerk shall, in all cases, attend in person to the duties of his office, when it is practicable,

or when the duties of the office are not greater than can be performed by one person.

SEC. 3. Whenever any clerk, as aforesaid, shall reside Clerk to reside at such a distance from the seat of justice of his county at or near seat that he cannot give his daily attendance to the duties of of justice, his office, and shall not, within six months from the pas sage of this act, remove to the county seat, or within such a distance that he can and will give his daily attendance to the duties of his office, the office shall be taken. and deemed vacant; and the presiding judge of the circuit court, and the county commissioners' court, at their first session, after being informed of the fact, shall proceed to fill such vacancy. This act to take effect from and after its passage.

or forfeit his

office,

APPROVED, Feb. 9, 1831.

AN ACT to compensate Clerks and other persons for services In force Feb. rendered in comparing poll books.

25, 1833.

counties vote

SEC. 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That in all elections of In elections for members to the general assembly, which may take place members of hereafter, when different counties vote in conjunction, gen. assembly it shall be the duty of the county commissioners' courts of where several the counties so voting, to appoint their clerk, or some together. other suitable person, whose duty it shall be to carry the vote of each county, to the place appointed for comparing the polls, and it shall be the duty of the county commissioners' court of the county where the polls are so compared, to compute the number of miles each clerk or other person shall travel in going and returning from the county where he is so appointed, to the place of comparing the polls; and it shall be the duty of the county commissioners' court, where the polls are so compared, to make an allowance to said clerks or other persons, who may take the vote of each county, as aforesaid, a compensation, not exceeding six cents per mile, going to and Clerks allowed returning from said place of comparing, to be paid mileage. equally out of the county treasuries of the respective counties in which said clerk or other person may be appointed; and it shall be the further duty of the county commissioners' courts when the polls are so compared, to make an estimate of all the expense so incurred by the counties respectively voting together, and divide the same among said counties so voting respectively, and shall give