29. Report of sale. 29. The master, special commissioner or other officer making such sale shall report his doings in the matter.

[R. S. 1845, P. 401, § 11; Burke v. Weaver, 71 Ill. 359; Nichols v. Mitchell, 70 Ill. 258; Dunning v. Lunning, 37 Ill. 306; Comstock v. Purple, 49 Ill. 166; Duncan v. Sanders, 50 II. 475; Hess v. Voss, 52 Ill. 479; McLain v. Van Winkle, 46 Ill. 406.

30. Conveyances and their effect. 30. Upon the confirmation of the report the master, special commissioner or other officer making the sale, or some person specially appointed thereto, shall execute and deliver to the purchaser or purchasers of the premises sold, proper conveyances thereof, taking, in case of sale on credit, security as required by the decree; which conveyances shall operate as an effectual bar against all parties and privies to said proceedings and all persons claiming under them.

[R. S. 1845, P. 401, § 11; Burke v. Weaver, 71 Ill. 359.

31. Division of proceeds. § 31. The proceeds of the sale shall be divided according to the interests of the parties as directed by the

court.

[R. S. 1845, P. 461, 811; Walker v. Mulvean, 76 Ill. 18.

32. Sale of dower and other interests. § 32. In case of sale the court may, with the assent of the person entitled to an estate in dower, or by the curtesy, or for life, or for years, or of homestead, to the whole or in part of the premises, who is a party to the suit, sell such estate with the rest. But such assent shall be in writing, and signed by such person, and filed in the court wherein the said proceedings for partition are pending.

[L. 1867, p. 156, § 1; Francisco v. Hendricks, 28 Ill. 64; McHenry v. Yokum, 27 Ill. 160; Hartmann v. Hartmann, 59 Ill. 103.

33. When persons incapable of giving assent. § 33. If such persons are incapable of giving assent, the court may determine, taking into view the interests of all parties, whether such estate ought to be excepted from the sale or sold.

[Fight v. Holt, 80 Ill. 84.

34. Funds paid over or invested, etc. 34. When any such interest is sold, the value thereof may be ascertained and paid over in gross, or the proper proportion of the funds invested, and the income paid over to the party entitled thereto, during the continuance of the estate. [L. 1867, p. 156, § 1.

35. When owner unknown. § 35. If the person entitled to any such estate is unknown, the court may determine whether the estate shall be sold or not, as in case of persons under disability, and in the event of sale, make such order for the protection of the rights of such person, in the same manner, as far as may be, as if the person were known and had appeared.

36. Deposit of unclaimed money. § 36. Where a sale of premises is made and no person appears to claim such portion of the money as may belong to any non-resident or person whose name is unknown, the court shall require such money to be deposited in the State treasury, subject to the further order of the court; and all moneys

so required to be deposited, shall be received by the State treasurer and paid out upon the order of the court. [R. S. 1845, p. 401, § 12. 37. Payment of money deposited. 37. When money [*753] is deposited in the State treasury, under the provisions of this act, the person or persons entitled to the same, may, at any time, apply to the court making the order of sale, and obtain an order for the same upon making satisfactory proof to the court of his right thereto. [R. S. 1845, p. 401, § 13.

38. Amendments. $38. Amendments shall be allowed as in cases in chancery. [See "Chancery," ch. 22, § 37.

PROVISIONS APPLYING TO PARTITION IN CHANCERY OR BY PETITION.

39. Powers of court. § 39. In all suits for the partition of real estate, whether by bill in chancery or by petition, under this act, the court may investigate and determine all questions of conflicting or con troverted titles, and remove clouds upon the titles to any of the premises sought to be partitioned; invest titles, by their decrees, in the parties to whom the premises are allotted, without the forms of conveyances by infants or unknown heirs or other parties to the suit; assign dower, and order a sale of the premises for the purpose of dividing the premises in proper cases, and by its decree invest the purchaser with title, and appor tion incumbrances among the parties to whom the incumbered premises are allotted.

[L. 1861, p. 181, §1; Wadhams v. Gay, 73 Ill. 416; Smith v. Crawford, 81 Ill. 298; Hess v. Voss, 52 Ill. 472

40. Apportioning costs. $40. In all proceedings for the par tition of real estate, the court may apportion the costs, including the icasonable solicitor's fees, among the parties to the proceedings, so that each party shall pay his equitable portion thereof.

[R. S. 1845, P. 401, § 11: L 1869, p. 368, § 1; Stenger v. Edwards. 70 Ill. 631 Reynolds v. McMillan, 63 Ill. 46; Kilgour v. Crawford, 51 Ill. 253; La Framboise v. Grow, 56 Ill. 197; Goodwillie v. Millimann, 56 Ill. 523; Jevne v. Osgood, 57 Ill. 340. $ 41, repeal, omitted. See " Statutes," ch. 131, § 5.

AN ACT to revise the law in relation to paupers. [Approved March 23, 1874. In

force July 1, 1874.]

1. Who liable to support. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That every poor person who shall be unable to earn a livelihood in consequence of any bodily infirmity, idiocy, lunacy or other unavoidable cause, shall be supported by the father, grandfather, mother, grandmother, children, grandchildren, brothers or sisters of such poor person, if they, or either of them, be of sufficient ability: Provided, that when any persons become paupers from intemperance, or other bad conduct, they shall not be entitled to support from any relation, except parent or child.

[R. S 1845, P. 402, § 1; McMillen v. Lee, 78 I. 443; Guardian M. L. Ins. Co. v. Hogan, 80 Ill. 45; Clark v. Gotts, 1 Brad. 454; Green v. Birch, 2 Brad. 528.

2. Who first called on. § 2. The children shall first be called on to support their parents, if there be children of sufficient ability; and if there be none of sufficient ability, the parents of such poor person shall be next called on if they be of sufficient ability; and if there be no parents or children of sufficient ability, the brothers and sisters of such

poor person shall be next called on if they be of sufficient ability; and if there be no brothers or sisters of sufficient ability, the grandchildren of such poor person shall next be called on if they be of sufficient ability; and next the grandparents, if they be of sufficient ability: Provided, married females, while their husbands live, shall not be liable to contribute for the support of their poor relatives, except when they have separate property, or property in their own right, out of which such contributions can be made. [R. S. 1845, p. 402, 2.

3. Complaint by State's attorney. § 3. Upon any failure of any such relative, or relatives, to support such poor person as provided by this act, it shall be the duty of the State's attorney to make complaint thereof to the county court of his county, against all the relatives of such pauper in this State, liable to his support, and prosecute the same. [See Elections," ch. 46, § 65a; Dale v. Irwin, 78 Ill. 170; Macon County v. Newell, 81 Ill. 388.

4. Complaint by overseer.

4. The complaint provided for

[*755] in the preceding section may also be made by the overseer of the poor of the town or precinct where the poor person may reside, and it shall be the duty of such overseer to make such complaint in all cases where there may not be a county agent or State's attorney, or when the county agent or State's attorney shall refuse or neglect to make the

same.

[Macon Co. v. Newell, 81 Ill. 388.

5. Summons. 5. At least ten days notice of such application shall be given to the defendant, by summons, requiring him to appear and answer the complaint.

6. Trial—judgment. §6. The defendants, being duly notified, the court shall proceed in a summary way to hear the proofs and allega tions of the parties, without further written pleadings, and if satisfied by the allegations and proofs that the defendants, or any of them, are not supporting such poor person, or contributing their proper share for such support, in a manner suitable to the situation of such poor person, taking into account the ability of such defendants, then the court may at the time of giving judgment in the case, and from time to time thereafter, make any and all necessary orders in regard to the custody of such poor person, and for the payment weekly to the overseer of the poor of the town or precinct, or to such other person as the court shall direct, of such sum, to be applied in the support of such poor person, as in the opinion of the court is necessary to so properly support such poor person, taking in view the ability of the defendants to furnish such support. The court may discharge any defendant that may appear not to be liable for such support, or who is contributing his fair share therefor.

7. Contribution. 7. If it shall appear that the relatives of a certain degree are unable wholly to maintain such poor person, but are able to contribute towards his support, the court may, in its discretion, direct two or more relatives of different degrees to maintain such poor person, and shall prescribe the proportion which each shall contribute for that purpose.

8. Partial support. § 8. If it shall appear that the relatives liable, as aforesaid, are not of sufficient ability wholly to maintain such

poor person, but are able to contribute something, the court shall direct the sum, in proportion to their ability, which such relatives shall pay weekly for that purpose.

9. Time of maintenance and payment. 9. The order may specify the time during which the relatives aforesaid shall maintain such poor person, or during which any of the sums so directed shall be paid, or it may be indefinite, and until the further order of the court.

10. Order may be changed. § 10. The court may, from time to time, vary such order whenever circumstances shall require it, on the application either of any relative affected thereby, or of the county agent or overseer of the poor, upon ten days' notice being given to the opposite party.

11. How payments enforced. 11. Payment of the several sums under such order as they fall due may be compelled by attachment as for contempt against the persons of the defendants, or by execution against their lands and tenements, goods and chattels, or both, in like manner as other judgments at law or decrees in chancery.

12. Costs. § 12. In every such application, if the judgment shall be against the defendant, he shall also be adjudged to pay the costs of the proceeding, or the costs may be apportioned according to the rights of the case, but if the application is dismissed it shall be at the costs of the county or town on whose behalf the application is made. [§§ 3-13, see act of 1869. L. 1869, p. 369.

13. Bringing pauper into county-penalty. § 13. If any person shall bring and leave any pauper in any county in this State, wherein such pauper is not lawfully settled, knowing him to be a pauper, he shall forfeit and pay the sum of $100 for every such offense, to be sued for and recovered by and to the use of such county [*756] by action of debt, before any justice of the peace in the proper county. [R. S. 1845. P. 404, § 16; Williams v. Franklin Co., 39 Ill. 22.

14. Support by county. $ 14. Every county (except those in which the poor are supported by the towns) shall relieve and support all poor and indigent persons lawfully resident therein, except as herein otherwise provided.

[R. S. 1845, p. 402, § 3; Burke v. Monroe Co., 77 Ill. 610.

15. Support by towns. $ 15. Every town in counties in which the poor are supported by the towns (as provided by law) shall relieve and support all poor and indigent persons lawfully resident therein, except as herein otherwise provided.

16. Removal of pauper not resident of county, etc. §16. If any person shall become chargeable as a pauper in any county or town, who did not reside therein at the commencement of six months immediately preceding his becoming so chargeable, but did, at that time, reside in some other county or town in this State, it shall be the duty of the county or town clerk, as the case may be, to send written notice by mail or otherwise, to the county clerk of the county in which the pauper so resided, or if he then resided in a town supporting its own poor, to the town clerk of such town, requesting the proper authorities of such