STATUTE LAWS OF THE STATE OF ILLINOIS, REVISED AND PUBLISHED UNDER THE DIRECTION AND AUTHORITY ABATEMENT. AN ACT relative to pleas in abatement, and the abatement of In force Dec. suits by the death of parties. 16, 1826. ed unless on SECTION 1. Be it enacted by the people of the state of Illi- Pleas in abatenois represented in the General Assembly, That no plea in ment not receivabatement, other than a plea to the jurisdiction of the oath. court, or where the truth of such plea appears of record, shall be admitted or received, unless the party offering the same, file an affidavit of the truth thereof. And where a plea in abatement shall, upon argument, be determined on insufficient insufficient, the plaintiff shall recover full costs, to the pleas. time of overruling such plea. Costs awarded mons be forth SEC. 2. When one or more of the parties of a com- Suits against · pany, or association of individuals, shall be sued, and the companies not person or persons so sued, shall plead in abatement, that to abate if sumall the parties are not joined in the suit, such suit, for with issued that cause, shall not abate, if the plaintiff or plaintiffs, against those forthwith sue out a summons against the other partners not joined. named in the plea of abatement, and on the return of the summons, may insert in the declaration, the names of the other partners named in such plea, and proceed in all respects thereafter, as though such other partners named in said plea had been included in the original suit. And If parties canif such partners named in said plea, cannot be found, the not be found it plaintiff or plaintiffs, upon the return of the said summons, may suggest in his declaration the names of those not found, and proceed as in other cases where service is only made on part of the defendants. And no other plea in abatement for non-joinder of defendants shall be allowed. allowed in the case. may be suggested, &c. No other plea in abatement SEC. 3. No action commenced by a single woman, who Suits not to aintermarries during the pendency thereof, shall abate on bate by maraccount of such marriage: Provided, the husband shall riage. Proviso. Suits not to a the same. Same if defen appear in court, and cause such marriage to be suggestedon the record, and the suit may then proceed in the same manner as if it had been commenced after such marriage. SEC. 4. When any action shall be pending in any of the hate by death of courts of this state, and the plaintiff, before final judgplaintiff, if, &c. and executor or ment, shall die, the same shall not abate, if it might oriadministrator. ginally have been prosecuted by his executor or administrator; and in such case the executor or administrator May prosecute may suggest such death on the record, and enter his, her or their names in the suit, and prosecute the same. And if the defendant, while the action shall be pending in dant die, if, &c. Court, and before final judgment, shall die, the same shall not abate, if it might originally have been prosecuted against the executor or administrator. And the plainIf death is sug- tiff, or his executor or administrator, may suggest such gested, sum- death on the record, and have a summons against the exmous may issue ecutor or administrator of such deceased defendant,requirand suit proreed to final ing them to appear and defend the action. If the said judgment, executor or administrator of such deceased defendant,shall appear and make him, her or themselves defendents, or if they shall not appear and make themselves defendants, (such summons being served on any one of them, ten days before the sitting of the court,) the action shall, in either case, proceed to final judgment according to law. And Suits against when a suit shall be commenced against an administraadministrators tor, and before final judgment, his letters of administranot to abate by tion shall be revoked, and letters of administration be letters of ad- granted to another person, such suit shall not abate, but the plaintiff shall suggest such fact upon record; and after summons shall be served upon the last administrator, the suit shall proceed to final judgment as in other administrator. cases under this act. Scathi love whose name is und as pff. 1838.27 revocation of ministration. Summons to be Death not to SEC. 5. In any action pending before any court, if there be two or more plaintiffs or defendants, and one or more of them die before final judgment, if the cause of where there are action survive to the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants, the writ ants if cause of or action shall not abate, but such death being suggested action survive. on the record, the action shall proceed. two or more plffs. or defend Writ of error included. Act of 1819 re- SEC. 6. The third, fourth, and fifth sections of this act shall be applicable to all appeals and writs of error. SEC. 7. The act entitled "An act concerning the abatement of suits by the death of parties," approved February 6, 1819, is hereby repealed. APPROVED, December 30, 1826, ACCOUNT. AN ACT to regulate Actions of Account. In force June 1st. 1827. count extended SECTION 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That when Action of acone or more joint tenants, tenants in common or copar- to joint tenants, ceners, in real estate, or any interest therein, shall take, tenants in comuse or have the benefit thereof, in greater proportion than mon and coparhis, her or their interest therein, such person or persons, or his or their executors and administrators, shall be lia- p/30 e 5 ceners, or their execu ble to render his or their reasonable account to the use and profit of such estate or interest, to his and their co-tors or administenant jointly and severally. Actions of account may be trators. brought and maintained, by one joint tenant, tenant info 1" Just common or coparcener, his or her executors or adminis-2 59 (8) trators against such, or any such co-tenant receiving more than comes to his or her just share or proportion, as bailiff or bailiffs, and against his or her executors or administrators. maintain ac SEC. 2. Any executor, being a residuary legatee, may Residuary lebring and maintain an action of account against his co-gatee may executor or executors of the estate of the testator, in tion of account. his or their hands; any other residuary legatee shall have the like remedy against executors and administrators. testator or in SEC. 3. Executors and administrators may have and Exrs. & admrs. maintain actions of account, in the same manner as their may maintain testator or intestate might have had and maintained, if action as their he or she had lived. Such actions may be brought and testate might. maintained against the executors or administrators of every guardian, bailiff or receiver. SEC. 4. When any person is or shall be liable to account, as guardian, bailiff or receiver, or otherwise to Persons liable another, and will not give an account willingly, and the to the action not appearing, party to whom such an account ought to be made, shall to be attached. sue out a writ of account, and the person against whom such writ shall be issued, being summoned, does not appear at the return of the writ, then the defendant shall be attached by his or her body to come and render his or her account. When judg SEC. 5. Whenever a judgment shall be rendered against any defendant, in an action of account, that he do account, the court shall appoint not more than five, ment is rendernor less than three able, disinterested and judicious men ed auditors to as auditors, to take the account, who shall be sworn faith- be appointed. fully and impartially to take and state the account, between the parties, and make report to the court; the tors. Power of audi- auditors, or a majority of them, shall have power to appoint the time and place for the hearing, and shall give Defendants not reasonable notice to the parties: and if the defendant appearing, shall neglect or refuse to attend at the time and place appointed and render his account; or appearing shall not render an account, the auditors shall receive a statement of the account from the plaintiff and award to him the whole sum he claims to be due. plaintiff's account to be received. If parties ap state acc'ts. witnesses or parties. SEC. 6. If the parties appear, and produce their books pear auditors to and accounts before the said auditors, such auditors, or a majority of them, shall proceed to take and state the accounts, and may take the testimony of witnesses, and May examine examine either or both of the parties on oath respecting their accounts; and may administer all necessary oaths to witnesses and parties. The auditors shall liquidate and adjust the accounts and state the balance and to whom due. They, or a majority of those present, shall report to the court by whom they were appointed, at the next term thereof; and if such report shall be approved by the court, the court shall render judgment for the amount ascertained to be due, with costs; and the party in whose favor the report is made, shall pay the auditors their fees, which shall be taxed as costs. If either shall refuse to be sworn, or answer proper party questions respecting his account, the auditors may commit him to jail, there to remain, until he consent to be sworn or answer the interrogatories. To make report, upon which judgment is to be rendered with costs. Party refusing to be sworn may be committed to jail. SEC. 7. Either party may appeal or prosecute a writ of error, from the final judgment upon the report of the Writs of error auditors, in the same manner, and upon the same conditions, as provided by law in other cases. This act to take effect on the first day of June next. allowed. APPROVED, Jan. 11th, 1827. In force Dec. 28, 1826. ADVERTISEMENTS. AN ACT concerning the publication of Advertisements. SEC. 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That when any notice or advertisement shall be required by law, or the order Certificate of of any court, to be published in any newspaper, the cerdence of publi- tificate of the printer or publisher, with a written or cation of adver- printed copy of such advertisement annexed, stating the tisement. number of papers in which the same shall have been printer evi |