ceptible of division. Land not sus- SEC. 9. If the commissioners aforesaid shall report that the lands or other estate is not susceptible of a division, without great injury thereto, a jury shall be empannelled to enquire of the yearly value of the widow's dower therein, and shall assess the same accordingly; and the court shall thereupon render a judgment that there be paid to such widow as an allowance in lieu of dower, on a day therein named, the sum so assessed as the yearly value of her dower, and the like sum on the same day in every year thereafter, during her natural life; and such jury shall, moreover, if the same has not been done, assess the damages which may have accrued down to the time of rendering the verdict. Heirs may pe ment of dower. SEC. 10. Heirs, or if under age, their guardians, or any tition for assign- other persons interested in lands, tenements, or hereditaments, may also petition the court to have the widow's dower assigned, which shall be proceeded in in the same manner as is prescribed in other cases. How divorces er. SEC. 11. If any woman shall be divorced from her husshall effect dow-band for the fault or misconduct of such husband, except where the marriage was void from the beginning, she, shall not thereby lose her dower; but if such divorce be for her fault or misconduct, she shall forfeit her dower; and where a divorce is obtained for the fault and misconduct of the husband, he shall loose his right to be tenant by the curtesy in the wife's lands. Adultery in wife. Joint tenants of their land. SEC. 12. If a wife voluntarily leave her husband and commit adultery, she shall be forever barred her dower, unless her husband be voluntarily reconciled to her, and suffer her to dwell with him.7berino SEC. 13. When any person, by last will and testament, may petition shall devise his or her real estate, or any part thereof, to two for a division or more devisees, not ascertaining the metes and boundaries of each devisee's share, and their shares be undivided, such devisees, or any of them, and should they or any of them be under age, their guardian or guardians may apply to the circuit court of the county where the whole of the lands, or a part thereof may lie, by petition in writing; and said court may order a division thereof to be made agreeably to the true intent and meaning of said last will and testament; and said court shall appoint three commissioners, not connected with any of the parties, either by consanguinity or affinity, and entirely disinterested; each of whom shall take an oath before the court, or some justice of the peace, fairly and impartially to make partition of said lands, if the same can be done consistently with the interest of the estate: and the said commissioners shall go upon the premises and make partition of said lands, tenements, and hereditaments, assigning to each devisee his or her share, by metes and bounds, and shall make report of their proceedings to the next term of the circuit court; which report, if approved by said court, shall be entered of record, and shall be conclusive to all parties concerned. Coparceners or mon. SEC. 14. Where the real estate of any person dying intestate, shall descend to two or more children, or other heirs of the intestate, and the same be not divided, or where two or more persons, proprietors of any tract or & Jolur 428 tracts of lands, tenements, or hereditaments within this state, are desirous of having the same divided, the circuit court on application, by petition, may order and direct a Entitled to a division of such lands, tenements, or hereditaments, agree- division. ably to the law of descents where the lands are claimed p. 645.3.102 by descent, or agreeably to the rights of the parties, proprietors, and owners aforesaid, by metes and bounds, and shall, thereupon, appoint three commissioners, who shall make partition and return their proceedings under their hands and seals, as is prescribed in the previous section of this act; and which report, if approved by said court, shall be recorded as in case of devisees, and shall be conclusive on all parties concerned. SEC. 15. All devisees, heirs, or owners of lands, tenements, or hereditaments as aforesaid, or the guardians of such as are under age, not applying for such division, (and if any heir, devisee, or owner, be under age, and without a guardian, the court shall appoint a guardian ad litem for such minor,) shall have notice of the application for such partition, by summons duly served, or by advertisement, to be published for four weeks in the nearest newspaper to the premises, printed in this state. Notice to all vision. SEC. 16. Where any lands, houses, or lots, are so circumstanced, that a division thereof cannot be made with- Lands not susout manifest prejudice to the proprietors of the same, and ceptible of dithe commissioners appointed to divide the same, shall so report to the court: the court shall thereupon give an order to said commissioners, or other person or persons, to sell such lands, houses and lots, or houses, and lots at pub- To be sold. lic vendue, upon such terms, and by giving notice of sale as the court shall direct, and who shall make and execute good and sufficient conveyance or conveyances to the purchaser or purchasers thereof; which shall operate as an effectual bar, both in law and equity against such owners or proprietors, and all persons claiming under them; and paid to the owthe moneys arising therefrom, to pay to the owners or ners. proprietors of such houses and lots, their guardians or legal representatives, as shall be directed by said court.- And money The court to make such order in relation to costs as shall seem right. SEC. 17: An act for the speedy assignment of dower, Act repealed. approved, February 12, 1819, and an act for the partition of lands, approved, February 20, 1819, be, and the same are hereby repealed. ers. SEC. 18. The commissioners to be appointed under Compensation this act, shall be allowed as a compensation for their serto commission- vices, one dollar per day each, to be taxed as other costs. This act to take effect on the first day of June next; but rights acquired under those acts are not effected by this act. APPROVED, Feb. 6, 1827. EDUCATION. 1831. In force Feb. 1, AN ACT confirming grants of property made for the encouragement of Education, and for other purposes. tain purposes purposes. 1841 p 110 SEC. 1. Be it enacted by the people of the state of Illinois, Grants for cer- represented in the General Assembly, That all gifts an secured to those grants heretofore made for land for the erection of a school-house, a house for divine worship, and for burying the dead, where such gift or grant of land shall not exceed ten acres for a church or burying-ground, shall be held valid in law to the use of the person or persons or religious society therein named, for the purpose of education, for divine worship, or for the interment of the dead, and none other: Provided, that such gifts and grants shall be recorded in the county where such lands may lie, within twelve months from the passage of this act. To be recorded ty comm'rs. SEC. 2. When any person shall hereafter deem it proper to make a donation or grant of land for the purpose of Deeds to be erecting a house for divine worship, a house for education, made to coun- or for the interment of the dead, such deed of gift or grant shall be made and executed to the county commissioners of the proper county, and their successors in office in trust, and for the use of the persons, society, or collection of people therein named; which shall be held and used by such society, persons, or body of people as therein directed, for the sole use of education, divine worship, and interment of the dead, and none other; which deed shall To be recorded be recorded in the recorder's office of the proper county, within twelve months after the execution of the same: Provided, that in no case shall such grant for the erection of a house for divine worship exceed in quantity ten acres Limitation. of land. punished. SEC. 3. If any person or persons shall commit any trespass upon the premises so granted, such trespasser shall Trespass how be liable to pay all damages so committed, to be recovered in the name of any person who will sue for the same; and when recovered shall be paid over to those persons or societies interested in the premises, to be expended by them in repairing such damages, or making any improvements thereon that they may think fit. Grants pervert Unless other SEC. 4. When any gift or grant, as aforesaid, shall be perverted, or used for any other purpose than contempla-ed or abandonted by this act, or shall be abandoned by the donees, ed, to revert to such gifts or grants shall become vested in the county county. where such lands may lie, unless otherwise directed, in wise directed such gift or grant by the donor, and shall be sold by the by donor. order of the county commissioners of such county, and the proceeds thereof applied for the use of education in such county. APPROVED, Feb. 1, 1831. ELECTIONS. AN ACT to amend the act regulating Elections. In force Feb. 9 1827. com the SEC. 1. Be it enacted by the people of the state of Illinois, County represented in the General Assembly, That the county com- missioners may missioners' courts of the several counties in this state, are increase hereby empowered to increase the election precincts of number of pretheir respective counties for the election of members of the general assembly and other officers, to six, under the restrictions of the act to which this is an amendment. cincts. Justices of the peace appoint SEC. 2. There shall be appointed at the present session of the general assembly, in the mode prescribed by the "Act regulating the manner of appointing justices of the ed. peace," approved, February 19, 1819, a suitable number of justices of the peace for the several counties created at the present session of the general assembly; any law to the contrary, notwithstanding. APPROVED, Feb. 9, 1827. In force Jan. AN ACT directing the mode of electing Electors of President and Vice President of the United States. 11, 1827. eral ticket. SEC. 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That there shall be elected, by general ticket, on the first Monday in NovemElectors to be ber, one thousand eight hundred and twenty-eight, and on chosen by gen- the first Monday in November, quadriennially thereafter, as many electors of President and Vice President of the United States, as this state may be entitled to elect, which election shall be conducted, and returns thereof made, in all respects, in the manner prescribed for the election of governor. SEC. 2. The clerks of the several county commissioners Clerk's duty courts shall, within fifteen days next after holding an elecwhen to make tion, for electors as aforesaid, send by expresss, to the sereturns to the cretary of state, an abstract of returns of said election. secretary of Immediately after the said returns shall have been made, states' office. the secretary of state, auditor of public accounts and treasurer, or any two of them shall, in the presence of the governor, or person administering the government, proceed to open and canvass said election returns, and to declare the person having the highest number of votes elected; but should any two or more persons be returned, with an equal and the highest vote, the said secretary, auditor, and treasurer, or any two of them shall, in the presence of the governor, or person administering the government, decide by lot which of the persons so equal and highest shall be elected. SEC. 3 The governor, or person administering the govResult of the ernment, shall cause the result of the said election to be election to be published in the paper printed by the public printer, and transmit by express, to the persons elected, certificates of their election. published Electors to meet at the SEC. 4. There shall be paid to said expresses out of the treasury, on the warrant of the auditor, mileage at the rate of ten cents per mile for bringing said return to the seat of government, or for carrying a certificate of election to an elector. The secretary of state shall certify to the auditor how much each express shall be entitled to for services rendered under this act.. SEC. 5. The electors chosen as aforesaid, shall meet at the seat of government of this state, at the time appointed seat of gov- by the laws of the United States, and give their votes in the manner therein provided; and perform such duties as are or may be required by law. Each elector shall receive for every twenty miles necessary travel in going to ernment |