v. Knox College, 32 Ill. 164; DeWolf v. Pratt, 42 Ill. 213: Wylder v. Crane, 53 IL 490; Maher v. Bull, 39 Ill. 531; Duncan v. Finch, 5 Gilm. 296; W. U. Tel Co. v. P. & A.Tel. Co., 49 II. 91; Reed v. Kemp, 16 Ill. 448: Link v. Arch. Iron Works, 24 Ill. 551; Kimball v. Cook, 1 Gilm. 423; Martin v. Eversal, 36 Ill. 224; Supervisors v. Mississippi & W. R. R. Co., 21 l. 368; Marsh v. Green, 79 Ill. 385. See Practice," § 44 and note; Marsh v. Myers, 85 Ill. 177.

38. Supplying lost records. $ 38. In all chancery proceedings where the bill of complaint, or any other paper filed in the cause, shall be lost or mislaid, the court in which said cause shall be pending may, in its discretion, permit the files to be supplied by the filing of a copy, in substance, of the lost or mislaid bill of complaint, or other paper, on the party wishing to supply the files making an affidavit, to the satisfaction of said court, that said bill of complaint, or other paper, is substantially a copy of the original, to the best of his knowledge, recollection and

belief.

[L. 1869, duzor, 49 ill

1357, § 1; Kline v. Horine, 47 11. 430; Hartford Fire Ins. Co. v. Van490; Hughes v. Washington, 65 Ill. 246; Groch v. Stenger, 65 Ill. 483. 39. Reference to master. $39. The court may, upon default, or upon issue being joined, refer the cause to a master in chancery, or special commissioner, to take and report evidence, with or without his conclusions thereupon.

[McClay v. Norris, 4 Gilm. 387; Carter v. Lewis, 29 Ill. 503; Montayne v. Hatch, 34 Ill. 394 Groch v. Stenger, 65 Ill. 483; Quayle v. Guild, 83 Ill. 553; Moss v. Call, 75 Ill. 191; Craig v. McKinney, 72 Ill. 306; Scroggs v. Cunningham, 81 Ill. 110.

40. Mode of trial-jury. $40. The court may, in its discretion, direct an issue or issues to be tried by a jury, whenever it shall be judged necessary in any cause in equity pending therein. In all other

causes in equity, the mode of trial shall be the same as has been heretofore practiced in courts of chancery.

[R. S. 1845, p. 97, 35; Milk v. Moore, 39 Ill. 587; Williams v. Bishop, 15 Ill. 555; Waddams v. Humphrey, 22 Ill. 661; Russell v. Payne, 45 Ill. 350; Myatt v. Walker, 44 Ill. 485 McConnell v. Smith, 27 III. 234; Pankey v. Raum, 51 Ill. 88; Sibert v. McAvoy, 15 Ill 108; Rigg v. Wilton, 13 Ill. 15; Woodside v. Woodside, 21 Ill. 207; Smith v. Newton, 84 I. 14; Titcomb v. Vantyle, 84 Ill. 371.

41. Contempt for failure to appear or answer. $41. If a defendant in any proceeding in equity, having been served with summons, or personally notified, as provided in this act, shall fail or refuse to appear or answer the bill of complaint, he may be attached and otherwise proceeded against according to the practice in equity in cases of contempt.

[R. S. 1845, P. 95, § 16; Story v. People, 79 Ill. 45; Springfield v. Edward, 84 III. 627.

42. Enforcement of decree. § 42. When any bill is taken for confessed, or upon hearing, the court may make such decree thereon as may be just, and may enforce such decree, either by sequestration of real and personal estate, by attachment against the per[*203] son, by fine or imprisonment, or both, by causing possession of real and personal estate to be delivered to the party entitled thereto, or by ordering the demand of the complainant to be paid out of the effects or estate sequestered, or which are included in such decree; and by the exercise of

such other powers as pertain to courts of chancery, and which may be necessary for the attainment of justice.

[R. S. 1845, P. 94, § 13; Myers v. Manny, 63 Ill 211; Blake v. People, 80 Ill. 11; Storey v. People, 79 Ill. 45; Armstrong v. Cooper, 11 Ill. 540; Flagler v. Crow, 40 III. 415; Swift v. Allen, 55 Ill. 303: Knapp v. Marshall, 26 Ill. 63; Stevens v. Coffeen, 39 Ill. 148; McCormick v. Wheeler, 36 Ill. 115; McLain v. Van Winkle, 46 l. 407; Frame v. Frame, 16 Ill. 155; Schneider v. Siebert, 50 ill. 285; McDaniel v. Correll, 19 Ill. 226; Aldrich v. Sharp, 3 Scam. 264; Lawrence v. Lane, 4 Gilm. 362: Flowers v. Brown, 21 Ill. 273; Miller v. Markle, 27 Ill. 405; Bennett v. Matson, 41 Ill. 333: Bruce v. Roney, 18 111, 67; Wangelin v. Gee, 50 II. 460; Clement v. Evans, 15 I. 92; Gilcreest v. Magill, 37 Ill. 300; Goodnough v. Sheppard, 28 Ill. 81; Lloyd v. Karnes, 45 Ill. 63; Dunning v. Dunning, 37 III. 306; Ex parte Petrie, 38 Ill. 498; Petrie v. Petrie, 40 Ill. 334 Wightman v. Wightman, 45 Ill. 167; Crocker v. Lowenthal, 83 Ill. 579; Hoyt v. Pullman, 84 Ill. 20.

43. Unknown parties. § 43. All decrees, orders, judgments and proceedings, made or had with respect to unknown persons, shall have the same effect, and be as binding and conclusive upon them, as though such suit or proceeding had been instituted against them by their proper names.

[R. S. 1845, P. 98, § 42; Pile v. McBratney, 15 Ill. 319.

44. Lien of money decree. § 44. A decree for money shall be a lien on the lands and tenements of the party against whom it is entered, to the same extent and under the same limitations as a judgment at law.

[See "Mortgages," ch. 95, § 21: R. S. 1845, p. 95, § 14; White v. Haffaker, 27 Ill. 349; Wayman v. Cochrane, 35 l. 155; Hunter v. Hatch, 45 Ill. 178; Karnes v. Harper, 48 Ill. 530; Eames v. Germania Turn Verein, 84 Ill. 54.

45. Lien of other decrees. § 45. All decrees given in causes in equity in this State shall be a lien on all real estate respecting which such decrees shall be made; and whenever, by any decree, any party to a suit in equity shall be required to perform any act other than the payment of money, or to refrain from performing any act, the court may, in such decree, order that the same shall be a lien upon the real or personal estate, or both, of such party until such decree shall be fully complied with; and such lien shall have the same force and effect, and be subject to the same limitations and restrictions as judgments at law.

[See Divorce," ch. 40, 820 Dower," ch. 41, § 40; R. S. 1845, P. 98, § 45: Hickenbothem v. Blackledge, 54 Ill. 316; Means v. Means, 42 Ill. 51; Young v. Dowling, 15 Ill. 481; Ward v. Brewer, 19 Ill. 291; Foote v. Foote, 22 Ill. 429; Armstrong v. Armstrong, 35 Ill. 114; Keating v. Meating, 48 III. 242.

46. Execution of deeds — recording sale. §46. Whenever a decree shall be made in any suit in equity, directing the execution of any deed or other writing, it shall be lawful for the court to appoint a commissioner, or direct the master in chancery to execute the same, in case the parties under no disability fail to execute the same, in a time to be named in the decree, or on behalf of minors or persons having conservators; and the execution thereof, by such commissioner or master in chancery, shall be valid in law to pass, release or extinguish the right, title and interest of the party in whose behalf it is executed, as if executed by the party in proper person, and he or she were under no disability; and such deed or other writing, if it relates to land, shall, within six months after its execution by such commissioner or master, be re

corded in the recorder's office of the county wherein the land may lie. [R. S. 1845, p. 98, § 43.

47. Execution of decrees-penalty. 47. When there shall be no direction that a master in chancery or commissioner execute a decree, the same may be carried into effect by execution, or other final process, according to the nature of the case, directed to the sheriff or other officer of the proper county; which, when issued, shall be executed and returned by the sheriff or other officer to whom it may be directed, and shall have the same operation and force as similar writs issued upon a judgment at law. The sheriff, or other officer to whom the same is directed, shall be subject to the like penalties and recoveries for misconduct or neglect in the execution or return thereof, as in cases at law; or the court may, if necessary, direct an attachment to be issued against the party disobeying such decree, and fine or imprison him, or both, in the discretion of the court, and may also direct a sequestration for disobedience of any decree.

[R. S. 1845, p. 98, § 46; Blake v. People, 80 Ill. 13; Dinet v. Eigenmann, 80 Ill. 278; Armsby v. People, 20 Ill. 158; Grubb v. Crane, 4 Scam. 156; Delahay v. McConnell, 4 Scam. 157; Kelley v. Chapman, 13 Ill, 530; Farnsworth v. Strasler, 12 Ill. 482; Lavender v. Latimer, 15 Ill. 80; West v. Flemming, 18 Ill. 248; White v. Haffaker, 27 Ill. 349; Willhite v. Pearce, 47 Ill. 413; Dow v. Seeley, 29 Ill. 495.

48. Terms of sale. § 48. In all cases where a sale of property is decreed, the court may direct the same to be made for cash, or on such credit where no redemption is allowed, and on such terms, as it may deem best and most equitable to the interests of the several parties.

[R. S. 1845, p. 98, § 44; Cronan v. Frizell, 42 Ill. 319; Hedges v. Mace, 72 Ill. 473. 49. Creditor's bill. $49. Whenever an execution shall have been issued against the property of a defendant, on a judgment at law or equity, and shall have been returned unsatisfied, in whole or in part, the party suing out such execution may file a bill in chancery against such defendant; and any other person, to compel the discovery of any [204] property or thing in action, belonging to the defendant, and of

any property, money, or thing in action due to him, or held in trust for him, and to prevent the transfer of any such property, money or thing in action, or the payment or delivery thereof to the defendant, except when such trust has, in good faith, been created by, or the fund so held in trust has proceeded from, some person other than the defendant himself. The court shall have power to compel such discovery, and to prevent such transfer, payment or delivery, and to decree satisfaction of the sum remaining due on such judgments, out of any personal property, money or things in action, belonging to the defendant, or held in trust for him, with the exception above stated, which shall be discovered by the proceedings in chancery, whether the same were originally liable to be taken in execution at law or not; Provided, that no answer made to any bill filed under this and the preceding section shall be read in evidence against the defendant on the trial of any indictment for fraud charged in the bill.

[R. S. 1845, P. 97, §§ 36, 37; White v. Russell, 79 Ill. 155; Burnham v Lamar Ins. Co. 79 Ill. 160; First National Bank of Sioux City v. Gage, 79 Ill. 208; Gage v. Smith, 79 Ill. 223; Moshier v. Meek, 80 Ill. 79; Lewis v. Lamphere, 79 Ill. 183; Walradt v

Brown, I Gilm. 397; Boies v. Henney, 32 Ill. 131; Choteau v. Jones, rr Ill. 318; Bay v. Cook, 31 Ill. 347; Mugge v. Ewing, 54 Ill. 236; Bridgeford v. Riddell, 55 Ill. 262; Farnsworth v. Strasler, 12 Ill. 482; Weightman v. Hatch, 17 Ill. 281; Newman v. Willets, 52 Ill. 99; Ballentine v. Beall, 3 Scam, 206; Steere v. Hoagland, 39 Ill. 264; Ishmael v. Parker, 13 Ill. 328; Greenway v. Thomas, 14 Ill. 271; Gretzler v. Saroni, 18 Ill. 518; Bigelow v. Andress, 31 Ill. 322; Jones v. Green, 1 Wall. (U. S.) 330 ; McDowell v. Cochran, 11 Ill. 31; Armstrong v. Cooper, 11 Ill. 560; Vansyckel v. Richardson, 13 Ill. 174 Horner v. Zimmerman, 45 l. 14; Hagan v. Walker, 14 How. (U.S.) 29; Bowen v. Parkhurst, 24 Ill. 259; Stone v. Manning, 2 Scam. 534; Miller v. Davidson, 3 Gilm. 518; McNabb v. Heald, 41 Ill. 326; McConnell v. Dickson, 43 Ill. 109; Heacock v. Durand, 42 Ill. 230; Brown v. Niles, 16 Ill. 385; Hunt v. Blodgett, 17 Ill. 583; Letcher v. Morrison, 27 Ill. 209; Jamison v. Doe, Scam 3 113; Rogers v. Brent, 5 Gilm. 573: Lockwood v. Mills, 39 Ill. 603; Lyon v. Robbins, 46 II. 277; Smith v. Lind, 29 Ill. 30; Alexander v. Tams, 13 Ill. 226; Ward v. Enders, 29 Ill. 519: Edmonds v. Hildreth, 16 Ill. 214: Manchester v. McKee, 4 Gilm. 576; Merry v. Bostwick, 13 Ill. 398; Nesbit v. Digby, 13 Ill. 387; Reed v. Noxon, 48 Ill. 323; Ewing v. Runkel, 20 Ill. 448; Brown v. Riley, 22 Ill. 52; Sacket v. Mansfield, 26 Ill. 21; Moore v. Hunter, 1 Gilm. 317; Scarrett v. Gorham, 28 Ill. 319; Brown v. Welch, 18 Ill. 346: Moshier v. Knox College, 32 il 156; De Wolf v. Pratt, 42 Ill. 200; May v. Jenkins, 15 Ill. 1o1; Forman v. Stickney, 77 Ill. 575; Runals v. Harding, 83 Ill. 75; Philadelphia F. I. Co. v. Central N. B., 1 Brad. 344; People v. Whitson, 84 Ill. 20.

50. Bills to quiet title. § 50. The court may hear and determine bills to quiet title, and to remove clouds from the title to real estate, whether the lands in controversy are improved or occupied, or unimproved or unoccupied ; and the taking possession of such lands, after the commencement of suit by the party claiming the title or the adverse title, or any one under or through such person or persons, shall not in anywise affect the complainant's right to a final decree upon his bill.

[L. 1869, p. 356, § 1; Smith v. McConnell, 17 Ill. 139; Kennedy v. Northrup, 15 Ill. 152; Fire Ins. Co. v. Buckmaster, 13 Ill. 201; Stout v. Cook, 37 Ill. 283; Conway v. Cable, 37 I. 82; Morris v. Hogle, 37 Ill. 153; Fitts v. Davis, 42 Ill. 391; McFadden v. Worthington, 45 Ill. 363; Christie v. Hale, 46 Ill. 117: Rucker v. Dooley, 49 Ill. 378; Nelson v. Rockwell, 14 Ill. 375; Shays v. Norton, 48 Ill. 105; Stout v. Cook, 41 Ill. 447: Hickey v. Forrestall, 49 Ill. 256; Nelson v. National Bank, 48 III. 41; Rucker v. Dooley, 49 Ill. 378; Koch v. Hubbard, 85 Ill. 533; Hardin v. Jones, 86 Ill. 313; Brooks v. Kearns, 86 Ill. 547; Phelps v. Harding, 87 Ill. 442.

51. Exemption. 51. Nothing contained in this act shall be construed to authorize any lien upon or sale of those articles in possession of the defendant, which are exempt from execution by law, and not released or waived by the party entitled to such exemption. [R. S. 1845, p. 99, § 53.

[S 52, repeal, omitted. See "Statutes," ch. 131, § 5.

Chapter 23.

CHARITIES.

GRANT, DEVISE, ETC., TO STATE | SECTION

FOR USE OF CHARITABLE IN- 31. Officers of board of trustees.
STITUTIONS.

[*205]

Treasurer and superintendent to give

bond.

Books and papers liable to inspection.
Duty of treasurer

institution

32.

33.

34.

35.

Meetings of trustees-inspection of

BOARD OF COMMISSIONERS OF
PUBLIC CHARITIES.

3. Oath-powers.

powers.

5. Duties-annual report.

6. To visit places where insane are kept, 39.

and report.

7. State aid-report upon.

8. Oath-examination of witnesses.

9. Clerk - his duties, salary and ex

penses.

10. Number of trustees.

11. Attendance upon legislature.

12. Stationery.

13. No compensation

penses.

40.

41.

42.

43.

When treasurer and superintendent to report

payable. Appropriations

penses.

for ordinary ex

When special appropriations to be

drawn.

Money not required for use, etc., to

be paid into State treasury.

No officer to be interested in con

tract.

Purchase of supplies.

Register to be kept.

Record of stores.

Who 44.

14. Not to be interested in contract

eligibility.

15. Removal of trustees, etc.

16. Residence of trustees, etc., ex officio 48.

member.

admitted, and upon what terms voluntary payments. When clothing and transportation furnished at the expense of county. Reports of trustees.

Printing reports.

Commissioners of public charities —

powers to extend.

49.

Superintendent of public instruction to visit certain institutions.

50.

Repealing clause.

51.

Admission of patients to Eye and Ear
Infirmary.

ADMISSION OF PATIENTS INTO
THE HOSPITALS FOR THE IN-
SANE

See sections 52-60.

INDUSTRIAL HOME FOR THE
BLIND.

See sections 61 72.

73.

CENTRAL HOSPITAL FOR THE
INSANE.

Power to sell and convey land.

30. Powers and duty of superintendent. 74. Appraisers.

GRANT, DEVISE, ETC., TO STATE, FOR USE OF CHARI.

TABLE INSTITUTIONS.

L.

AN ACT relative to property conveyed, devised or bequeathed to the State in trust for charitable purposes. [Approved March 23, 1874. In force July 1, 1874. 1869, p. 63.]

1. Effect of deed, devise, etc., to State. SEC. 1. Be it