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to recover reasonable damages from the time of his or her demand, and a refusal to assign reasonable dower, which may be assessed by the court, or a jury, if required, may be impaneled for that purpose, and execution may issue therefor. [R. S. 1845, p. 202, § 26.

42. POWERS OF COURT.] § 42. The commissioners shall, at all times, be subject to the direction of the court; and any one or more of them may, before the final confirmation of the report, be removed, and others appointed in their stead. [Fees of Commissioners. See "Fees and Salaries," ch. 53, § 30.

43. PROCEEDINGS TO ASSIGN DOWER BY HEIRS, ETC.] § 43. Heirs, or, if under age, their guardians, or any other persons interested in lands, tenements or hereditaments, may also petition the court to have dower assigned to the person entitled thereto, which shall be proceeded in in the same manner as is prescribed in other cases. [R. S. 1845, p. 202, § 31.

44. IN PROCEEDING TO SELL REAL ESTATE, ETC.] § 44. Whenever application is made to a county court for leave to sell real estate of a deceased person for the payment of debts, or for the sale of real estate of any ward, as authorized by law, and it appears that there is a dower interest in the land sought to be sold, such court may, in the same proceeding, on the petition of the executor, administrator, guardian or conservator, or of the person entitled to dower, cause the dower to be assigned, and shall have the same power and may take like proceedings therefor as herein before provided. [L. 1859, p. 92, § 1.

45. WASTE.] § 45. No person who is endowed of any lands shall commit or suffer any waste thereon on penalty of forfeiting that part of the estate where upon such waste is made to him or them that have the immediate estate of freehold or inheritance in remainder or reversion, but every person so endowed shall maintain the houses and tenements, with the fences and appurtenances, in good repair, and shall be liable to the person having the next immediate estate of inberitance therein for all damage occasioned by any waste committed or suffered by him or her. [R. S. 1845, p. 202, § 30.

46. DOWER NOT RELEASED BY CONVEYANCE BY ORDER OF COURT, EXCEPT, ETC.] $46. No person who sells and conveys lands by order of court for the payment of debts shall be deemed to have relinquished, by reason of such conveyance, any right of dower which he or she may have in such lands, unless his or her relinquishment is specified in the deed or conveyance. [R. S. 1845, p. 203, § 34. 47. REPEAL.] § 47. Section 78 of an act entitled "An act in regard to the administrations of estates," approved April 1, 1872, is hereby repealed: Provided, that this section shall not be so construed as to affect any rights existing or actions pending at the time this act shall take effect.

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AN ACT to provide for the construction and protection of drains, ditches, levees and other works. [Approved April 24, 1871. In force July 1, 1871. L. 1871-2, p. 356.]

1. PETITION.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever one or more owners or occupants of lands shall desire to construct a drain or drains, ditch or ditches, across the lands of others for agricultural and sanitary purposes, such person or persons may file a petition in the county court of the county in which the drain or drains, ditch or ditches shall be proposed to be constructed, setting forth the necessity of the same, with a description of its or their proposed starting point, route and terminus; and if it shall be deemed necessary for the drainage of the land of such petitioners that a levee or other work be constructed, the petitioners shall so state and set forth a general description of the same as proposed, and may pray for the appointment of commissioners for the construction of such work, pursuant to the provisions of this chapter.

2. NOTICE OF APPLICATION.] § 2. Such petition having been filed, as provided in the preceding section, the petitioners shall cause at least two weeks' notice to be given by posting notices in at least three of the most public places in each congressional township through which the drain or drains, ditch or ditches, levee or other work is or are proposed to be constructed, or if the same shall not be inhabited, in the nearest inhabited township, and by publishing a copy thereof in some newspaper published in the county in which the petition is filed, at least once in each week for two successive weeks; or if no newspaper is published in

such county, then in the nearest newspaper published in the state. Such notice shall state when and in what court the petition is filed, the starting point, route and terminus of the proposed drain or drains, ditch or ditches, or levees, and if a levee or other work is intended to be constructed in connection there with, shall so state, and at what term of court the petitioners will ask a hearing upon such petition."

3. COUNTY COURT MAY HEAR PETITION, ETC.] § 3. The county court in which such petition shall be filed may hear the petition at any probate or law term thereof, and may determine all matters pertaining thereto under this act, and may adjourn the hearing from time to time, or continue the case for the want of sufficient notice, or other good cause.

4. WHEN LANDS IN DIFFERENT COUNTIES.] § 4. In case the drain or drains, ditch or ditches, levee or other work proposed to be constructed shall pass through or over, or be constructed upon lands lying in different counties, the petition may be filed in the county court of either of such counties.

5. CONTESTING PETITION-APPOINTMENT OF COMMISSIONERS.] § 5. On the hearing of any petition filed under the provisions of this chapter, all parties through or upon whose land any of the proposed work may be constructed, or whose land may be damaged or benefited thereby, may appear and contest the necessity or utility of the proposed work, or any part thereof, and the contestants and petitioners may offer any competent evidence in regard thereto. If it shall appear to the court that the proposed drain or drains, ditch or ditches, levee or other work is, or are necessary, or will be useful for the drainage of the lands proposed to be drained thereby for agricultural and sanitary purposes, the court shall so find, and appoint three competent persons as commissioners to lay out and construct such proposed work. In case the lands to be drained shall be situated in different counties, not more than two of the commissioners shall be chosen from any one of such counties. If the court shall find against the peti tioners, the petition shall be dismissed at the cost of the petitioners.

6. OATH OF COMMISSIONERS.] § 6. Before entering upon the duties of their office, such commissioners shall take and subscribe an oath faithfully to discharge the duties of their office without favor or partiality, and to render a true account of their doings to the court by which they were appointed, whenever required by law or by the order of the court.

7. CHAIRMAN—SECRETARY. § 7. They shall elect one of their number chairman, and may elect one of their number or some other person as secretary. 8. QUORUM.] § 8. A majority of the commissioners shall constitute a quorum, and a concurrence of a majority of their number in any matter within their duties shall be sufficient.

9. DUTIES OF COMMISSIONERS.] § 9. As soon as may be after their appointment, or within such time as the court may direct, the commissioners shall examine the land of the petitioners proposed to be drained, and the lands over or upon which the work is proposed to be constructed, and inquire and determine

First-Whether the starting point, route and terminus of the proposed drain or drains, ditch or ditches, and if a levee or other work is proposed, the proposed location thereof, is or are in all respects proper or most feasible; and if not, what is or are so.

Second-The probable cost of the proposed work, including all incidental expenses and the expenses of the proceeding therefor.

Third-What lands will be injured thereby, and the probable aggregate amount of all damages such lands will sustain by reason of the laying out and construction of the proposed work.

Fourth-What lands will be benefited by the construction of the proposed work, and whether the aggregate amount of benefits will equal or exceed the costs of constructing such work, including all incidental expenses and costs of proceeding.

10. WHERE COST WILL EXCEED BENEFITS.] § 10. If the commissioners shall find that such costs and expenses are more than equal to the benefits there will be bestowed upon the land to be benefited. they shall so report, and the proceedings shall be dismissed at the cost of the petitioners.

11. WHERE COST WILL NOT EXCEED BENEFITS.] § 11. If the commissioners shall find that the proposed work, or such portion of the same as will be satisfactory to the petitioners, can be done at a cost and expense not exceeding such benefits, they shall proceed to have the proper surveys, profiles, plans and specifications thereof made, and shall report their conclusions and a copy of such surveys, profiles, plans and specifications to the court which appointed them.

12. PLAN OF DITCHES OR LEVEES.] § 12. The commissioners shall not be confined to the point of commencement, route or terminus of the drains or ditches, or to the number, extent or size of the same, or the location, plan or extent of any levee or other work to that proposed by the petitioners, but shall locate, design, lay out and plan the same in such manner as they shall think will drain the petitioners' land with the least damage, and greatest benefit of all lands to be affected thereby; and any plans proposed by such commissioners may, on the application of any person interested, or of the commissioners, be altered, upon the order of the court, in such manner as shall appear to the court to be just.

13. NOTICE FOR CONFIRMATION OF REPORT.] § 13. Upon the report of the commissioners being filed with the clerk of the court appointing such commission ers, they shall cause notice to be given in the same manner as is provided in section two of this chapter, which notice shall state the time of filing such report. and upon what day application will be made for the confirmation of such report, at which time all persons interested may appear and contest the confirmation thereof, or that the same ought to be modified in any particular, and may offer any competent evidence in support thereof.

14. HEARING-POWER OF COURT.] § 14. If, upon the hearing, the court shall be of opinion that the objections are not well taken, or if no objection shall be made, it shall order the confirmation thereof. If it shall appear that the same ought to be modified, and the court shall be sufficiently informed in the premises, it shall modify the same to conform to the equities in the premises; or if not suf ficiently informed it shall order the commissioners to review and correct their report, and may make specific directions in what respect they shall reform their report. And the court may make all necessary orders in the premises, either for the continuance of the hearing or other lawful purpose.

15. WHEN REPORT REFERRED BACK.] § 15. If the report is referred back to the commissioners for amendment, the court may fix a day when the commissioners shall again present their report, in which case the hearing shall stand adjourned to that day, and no further notice shall be required thereof. If no day shall be fixed for such report the cause shall be continued to the next term of court, when it shall stand for hearing.

16. JURY TO ASSESS DAMAGES AND BENEFITS.] § 16. When the report of the commissioners shall be confirmed, the court may impanel a jury of twelve men competent to serve as jurors, who shall be sworn to faithfully and impar tially perform the duties required of them to the best of their understanding and judgment, and to make their assessment of damages and benefits according to law; or the court may direct that a jury be impaneled before a justice of the peace, for the assessment of damages and benefits, in which case the commission. ers may apply to any justice of the peace in the county, who shall immediately, without the formality of any written application, proceed to summons and impanel a jury of six men competent to serve as jurors, who shall be sworn in the same manner as is above provided in case of a jury impaneled by the court in which the proceeding is pending, and the justice shall enter upon his docket a minute of such proceeding before him, and the names of the jurors.

17. FOREMAN-MANNER OF MAKING ASSESSMENT.] § 17. In either case the jurors shall elect one of their number as foreman, and shall proceed to

examine the land to be affected by the proposed work, and ascertain, to the best of their ability and judgment, the damages and benefits which will be sustained by, or will accrue to, the land so affected by the construction of the proposed work, and shall make out an assessment roll, in which shall be set down in proper columns the names of owners, when known, a description of the premises affected, in words or figures, or both, as shall be most convenient; the num ber of acres in each tract, and if damages are allowed, the amount of the same; and if benefits are assessed, the amount of the same; and in case damages are allowed to and benefits assessed against the same tract of land, the balance, if any, shall be carried forward to a separate column for damages or benefits, as the case may be.

18. RULE OF ASSESSMENT.] § 18. In making such assessment the jury shall award and assess the damages and benefits in favor of and against each tract separately, in the proportion in which such tract of land will be damaged or benefited; and in no case shall any tract of land be assessed for benefits in a greater amount than its proportionate share of the estimated cost of the work and expen ses of the proceeding, nor in a greater amount than it will be benefited by the proposed work, according to the best judgment of the jury.

19. WORK DONE BEFORE.] § 19. Whenever it shall appear to the jury that a drain, ditch, levee or other work has been, in whole or in part, constructed for the purpose of draining any land to be affected by the work proposed under this chapter, and such work shall be found to be of benefit to such lands, and any of the lands to be benefited have borne any part of the expense of such work, either pursuant to an assessment or otherwise, the jury may allow to the owner of such land, and deduct from the assessment which they may make against the same, the amount of the expense of such work so borne by such lands, or such part thereof as will make an equality of burdens and benefits, as between the several owners of lands benefited.

20. CORRECTION OF ASSESSMENT-NOTICE.] § 20. When the jury shall have completed their assessment of damages and benefits, they shall fix a time and place when and where they will attend, in case the jury was impaneled by the court in which the petition is filed, before some justice of the peace in the county where some part of the land affected is situated; or if the jury was impaneled by a justice of the peace, before the same justice, for the correction of their assessment; and the commissioners or the jury shall give at least ten days' notice of such time and place, by posting notices as required in section two of this chapter, and by causing a copy of such notice to be sent by mail, addressed to each owner or occupant of land allowed for damages or assessed for benefits, whose name and residence is known to the commissioners. The affidavit of any credible person that he deposited such notice in the post office, addressed to the owner or occupant named, at his place of residence, postage paid, shall be suf ficient evidence of the sending of such copy of notice pursuant to this section. 21. HEARING BEFORE JURY.] § 21. The jury shall appear at the time and place appointed, and shall hear all objections that may then and there be made by the owners or occupants of any lands which may be allowed damages or assessed for benefits, or by the commissioners, to the allowance of damages to or assessment of benefits against any tract of land, and shall make such corrections as shall seem to them just, and shall adjust such assessment so as to make the same just and equitable.

22. JUSTICE PRESIDE-POWERS.] § 22. At such hearing the justice of the peace shall preside, and may compel the attendance of witnesses and enforce order in the same manner as in other cases before justices of the peace; and in case any juror impaneled shall fail to appear, may attach him for contempt, or may impanel another in his stead, and may, at any time during the proceedings in making or considering their assessment, impanel jurors in the place of any who shall refuse or fail to act, and administer to such jurors the oath required by the sixteenth section of this chapter.

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