this act. arising under the same; and if it shall appear that such letters were fraudulently obtained by such administrator, the court shall revoke the same, and give judgment against the administrator for all costs of suit, and issue execution therefor, as in other cases. Shall grant let ters of adminis SEC. 3. In all cases where any judge of probate shall tration to such hereafter revoke any letters of administration, he shall persons as may proceed to grant the same to such person or persons as may be entitled thereto. be entitled thereto. widow. Ad'm shall fix upon some term Notice. SEC. 4. In all cases where the intestate at his death Property of the shall leave no property of the description specified to be set apart to the widow, by the several acts heretofore passed relative to wills and testaments, the widow shall be entitled to other property, or the value of the same in money, and it shall be the duty of the administrator or judge of probate, to allow the value of the articles specified by law to be set apart to the widow of any intestate, to be allowed her in money or other personal property, at her election, any law to the contrary notwithstanding. SEC. 5. It shall be the duty of each and every administrator or executor, to fix on a certain term of the court of the court of of probate, within nine months from the time of his or her probate for set- being qualified as such administrator or executor, for the tling all claims settling and adjusting all claims against such decedant, against the dec'd. and give notice thereof in some public newspaper within this state as required by law, and also by putting up a written or printed notice on the door of the court house, and in five other of the most public places in the county, notifying and requesting all persons having claims against said estate, to attend at said term of the probate court, for the purpose of having the same adjusted, said notice to be given at least six weeks previous to said day, when and where such claimant shall produce his or her claim, in writing, and if no objection be made to said claim by the administrator, widow, guardian, heirs, or others interested in said estate, the claimant shall be permitted to Claimant per- swear that such claim is just, and unpaid, or that the mitted to swear same is correct after allowing all just credits, and if obto his account. jections be made to said claim previous to said claim besee p. 649 ing sworn to, the account shall be adjudicated as is now жер. required by law. All persons who do not avail themselves of the opportunity of having their claims adjudicated at the said term of the court, shall have power to proceed against the executor or administrator, as is now prescribed by law: Provided, That estates shall be answerable for the costs on the claims filed at or before said term, but not after; and Provided, further, That no execution see 97.643 p. shall be issued against any executor, or administrator, for the term of one year, from the date of his or her letters testamentary or of administration. SEC. 6. The administrator of an executor, or of an ad- Adm'r de bonis ministrator, shall enter into a sufficient bond, with ap-non. proved security, to cover the damages that might accrue by a forfeiture of the same, and shall have power, and he is hereby required to make final settlement of the unsettled estate, under all the liabilities and with all the privileges of an administrator de bonis non, and in all cases of advertisement or notice required of executors or administrators, the notice or advertisement may be made in any newspaper within this state. So much of Part of former the ninety-fifth section of the act to which this is a sup- act repealed. plement, as requires executors and administrators to cause advertisements to be published in the nearest newspaper in this state, be, and the same is hereby repealed. APPROVED, February 25, 1833. In force March AN ACT supplemental to an act entitled "An act relative tration of their tors. SEC. 1. Be it enacted by the people of the state of Illinois, When persons represented in the General Assembly, That in all cases die leaving no where any person shall die scized or possessed of any heirs, adminisreal estate, within this state, or having any right or inte- estate shall be rest therein, and shall have no relative or creditor with- granted to pubin this state, or if there be any, who will not administer lic administraupon such deceased person's estate, it shall be the duty of the judge of probate, upon the application of any person interested therein, to commit the administration of such estate to the public administrator of the proper county, and such public administrator may be made a party to any suit or proceeding in law or equity, and shall, to all intents and purposes, be liable as the personal representative of such deceased person. SEC. 2. That so much of the act to which this is a supplement, as requires public administrators to give Act requiring bond in the sum of five thousand dollars, be, and the same public adminisis hereby repealed; and hereafter it shall be the duty of trators to give Lond repealed. the judge of probate upon granting letters of administration to public adininistrators, to require him to give bond as is required of other administrators. And if the public administrator shall neglect or refuse to take out letters of administration, and give bond as aforesaid, within sixty days after it becomes his duty to do so, his office shall be deemed vacant, and upon the certificate of the judge of probate of such fact, the governor shall fill such vacancy. APPROVED, March 1, 1833. In force March measures regu WEIGHTS AND MEASURES. AN ACT regulating Weights and Measures. SEC. 1. Be it enacted by the people of the state of Illinois, Weights and represented in the General Assembly, That it shall be the lated, and duty duty of the county commissioners in each and every counof county com- ty within this state, as soon as practicable after they nissioners in are qualified to office, to procure, at the expense of their respective counties, one measure of one foot, or twelve inches, English measure, so called; also, one measure of relation there to. 184,2-3/5.317 three feet, or thirty-six inches, English measure, as aforesaid; also, one gallon, liquid or wine measure, which shall contain two hundred and thirty-one cubic inches; one measure that shall contain one-fourth part; one measure that shall contain one-eighth part; one measure that shall contain one-sixteenth part of the aforesaid liquid gallon, denominated quart, pint, and gill, each of which shall be made of some proper and durable metal; also, one half bushel measure for dry measure, which shall contain eighteen quarts, one pint, and one gill of the above liquid or wine measure, the solid contents of which is equal to one thousand and seventy-five cubic inches and fifty-nine hundredths of a cubic inch; likewise, one measure that shall contain one-fourth part of the aforesaid half bushel, or one gallon dry measure, which said half bushel and its fourth shall be made of copper or brass: Also, a set of weights of one pound, one half pound, one fourth pound, one eighth pound, and one sixteenth pound, made of brass or iron; the integer of which shall be denominated one pound avoirdupois, and shall be equal in weight to one thousand and twenty grains troy or gold weight: which measures and weights shall be kept by the clerk of the county commissioners for the purpose of trying and sealing the measures and weights used in their counties; for which purpose the said several clerks shall be provided with a suitable seal or seals, with the name or initials of their respective counties inscribed thereon. tice. SEC. 2. That as soon as the county commissioners Shall give noshall have furnished the measures and weights as aforesaid, they shall cause notice thereof to be given at the court house door one month in succession immediately thereafter; and any person thereafter, who shall knowingly buy or sell any commodity whatsoever, by measures or weights in their possession, which shall not correspond with the county measures and weights, shall, for every such offence, being legally convicted thereof, forfeit and pay the sum of twenty dollars for the use of the county where such offence shall have been committed, and costs of suit, to be recovered before any justice of the peace of said county. Every person desirous of having their measures and weights tried by the county standard, shall apply to the clerk of the county commissioners, and if he find it correspond with the county standard, shall seal the same with the seal provided for that purpose; and said clerk is allowed to demand and receive such fees as now are, or hereafter may be allowed by law. This act to be in force from and after its passage. WORSHIPING CONGREGATIONS. AN ACT to preserve good order in all Worshiping Congre- In force May gations and Societies in this state. 1, 1833. gious congrega SEC. 1. Be it enacted by the people of the state of Illinois, Persons disrepresented in the General Assembly, That any person turbing reliwho shall, by menace, profane swearing, vulgar language, tions. or any disorderly or immoral conduct, interrupt and disturb any congregation or collection of citizens assembled together for the purpose of worshiping Almighty God, or who shall sell, or attempt to sell, or otherwise dispose of ardent spirits or liquors, or any articles which will tend to disturb any worshiping congregation or collection of people, within one mile of such place, unless the person so selling or disposing of said spirituous liquors or articles shall be regularly licensed to keep a tavern or grocery, and shall sell the same at his said tavern or grocery, any person so offending shall be deemed guilty of a high misdemeanor, and upon conviction, shall be fined in any sum not exceeding fifty dollars: Provided, That this act shall Proviso. not be so construed as to affect any person who may sell Punishment. Justices of the peace to have jurisdiction of said offences. Accused may be tried by a jury. whisky, or any other ardent spirits, at his own distillery, store, or dwelling house. SEC. 2. Justices of the peace, respectively, in their several counties, shall have jurisdiction of the aforesaid offences, and may, on view, or upon information on oath, cause every such person, having offended as aforesaid, to be apprehended and brought before him to answer such charge. SEC. 3. Any person who shall be accused as aforesaid, if he choose it, shall have the cause tried by a jury of six lawful jurors, and if he shall insist on a full jury, by twelve, who shall be summoned to try the cause; and if the jury shall find the accused guilty, they shall assess and state the amount of the fine, not more than stated in the first section of this act, upon which the justice before whom the trial shall be had, or in case the person shall plead guilty, shall give judgment for fine and costs, and proceed to collect the same without delay; and when said fine shall be collected, the officer or person collecting the same shall be required to pay it over without delay to the treasurer of the proper county, taking his receipt therefor; and which receipt shall be filed with the clerk of the county commissioners' court; after which the said fine or fines which may be thus deposited shall be subject to the control of said court, and appropriated to the education of any poor orphan child or children of the proper county. SEC. 4. Any person who may consider himself or herAppeals allow-self aggrieved by the judgment of the justice, may appeal to the circuit court of the county, and may remove the same, as in cases of assault and battery. This act to take effect on the first day of May next. ed. APPROVED, March 1, 1833. In force Jan. AN ACT to amend the act relative to Criminal Jurispru» 19, 1829. Sabbath breaking. dence, approved, January 30, 1827. SEC. 1. Be it enacted by the people of the state of Illi nois, represented in the General Assembly, That any per son who shall hereafter knowingly disturb the peace and good order of society, by labor or amusement, on the first day of the week, commonly called Sunday, (works of necessity and charity excepted,) shall be fined, upon How punished. conviction thereof, in any sum not exceeding five dollars, That any person who shall by menace, profane or vulgar |