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heirs, devisees, executors, administrators and other legal representatives of such person, may appear and answer the petition within the same time and upon the same conditions, and with like effect as in other cases in chancery. [See "Chancery, "ch. 22, SS 17, 19.

31. Answer under oath. 31. The petitioner may, in his petition, require the defendants or any of them to answer his petition on oath, in which case the answer shall have the same effect as an answer in chancery under oath.

32. Interpleader. § 32. During the pendency of any such suit or proceeding any person claiming to be interested in the premises may appear and answer the petition, and assert his or her rights, by way of interpleader; and the court shall decide upon the rights of persons appearing as aforesaid, as though they had been made parties in the first instance.

[Schneider v. Seibert, 50 Ill. 285.

33. No formal pleadings required —jury. $33. Petitions for the recovery and assignment of dower shall be heard and determined by the court upon the petition, answer, replication, exhibits and other testimony, without the necessity of formal pleading. The court may direct an issue or issues to be tried by a jury, as in other cases in equity. [See Chancery," ch. 22, 40. R. S. 1845, p. 201, § 23. Judgment-commissioners-their

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34.

oath. § 34. When the court adjudges that the one entitled thereto recover dower, [* 427] it shall be so entered of record, together with a description of the land out of which he or she is to be so endowed, and the court shall thereupon appoint three commissioners not connected with any of the parties either by consanguinity or affinity, and entirely disinterested, each of whom shall take the following oath :

I do solemnly swear that I will fairly and impartially allot and set off to A. B. surviving wife (or husband) of C. D. her (or his) dower, out of the lands and tenements described in the order of the court for that purpose, if the same can be done consistently with the interests of the estate, according to the best of my ability; so help me God.

[R. S. 1845, P. 201, § 24; Durham v. Mulkey, 59 Ill. 91

35. Division. § 35. The commissioners shall go upon the premises, and if the same are susceptible of division, without manifest prejudice to the parties in interest, shall set off and allot to the person entitled thereto his or her dower, by metes and bounds, according to quality and quantity, of all the premises described in the order of the court. [R. S. 1845, p. 202, § 25; Atkin v. Merrell, 39 Ill. 62.

36. When several tracts. 36. The dower need not be assigned in each tract separately, but may be allotted in a body out of one or more of the tracts of land, when the same can be done without preju. dice to the interest of any person interested in the premises.

[L. 1865, P 48, §1; Schnelby v. Schnelby, 26 Ill. 116; Peyton v. Jeffries, 50 Ill. 143; Rowand v. Carroll, 81 Ill. 224.

37. Homestead. § 37. The surviving husband or wife shall have the homestead or dwelling-house, if he or she desires, and such allotment shall not affect his or her estate of homestead therein, but if the

dower is allotted out of other lands, the acceptance of such allotment shall be a waiver and release of the estate of homestead of the person entitled to dower, and his or her children, unless it shall be otherwise ordered by the court.

[R S. 1845, p. 202, § 25; Peyton v. Jeffries, 50 Ill, 143; Walsh v. Reis, 50 Ill. 477. 38. Report-approval by court-effect― possession. 38. The commissioners shall make report in writing, signed by at least two of them, showing what they have done, and if they have made a division, describing the premises allotted by metes and bounds or other proper description; and the allotment so made, if approved by the court, shall vest in the person entitled thereto an estate in the lands and tenements set off and allotted to him or her for and during his or her natural life; and the court shall forthwith cause such person to have possession by writ directed to the sheriff for that purpose.

[R. S. 1845, p. 202, § 25; Lane v. Bommelmann, 17 Ill. 97.

39. When property cannot be divided without injury. $39When the estate out of which dower is to be assigned consists of a mill or other tenement which cannot be divided without damage to the whole, and in all cases where the estate cannot be divided without great injury thereto, the dower may be assigned of the rents, issues and profits thereof, to be had and received by the person entitled thereto as tenant in common with the owners of the estate, or a jury may be impaneled to inquire of the yearly value of the dower therein, who shall assess the same accordingly, and the court shall thereupon enter a decree that there be paid to such person as an allowance in lieu of dower, on a day therein named, the sum so assessed as the yearly value of such dower, and the like sum on the same day of each year thereafter during his or her natural life, and may make the same a lien on any real estate of the party against whom such decree is rendered, or cause the same to be otherwise secured.

[R. S. 1845, p. 202, § 28; Scammon v. Campbell, 75 Ill. 223; Walker v. Walker, 2 Brad. 420; Summers v. Babb, 13 Ill. 483: Peyton v. Jeffries, 50 Ill. 143: Stow v. Steel, 45 Ill. 333; Meyer v. Pfeiffer, 50 Ill. 486; Wheeler v. Dawson, 63 ill. 54; Hitt v. Scammon, 82 Ill. 519; Walsh v. Reis, 50 11. 478; Bonner v. Peterson, 44 Ill. 261; Donoghue v. City of Chicago, 57 Ill. 235; Atkin v. Merrill, 39 Ill. 63.

40. How lien may be enforced. 40. Whenever any such decree is made a lien on any real estate, as provided in the preceding section, and a sale of such real estate shall become necessary to satisfy any such installment, the property shall be sold subject to the lien of the installments not then due, unless the court shall at the time direct otherwise, and subsequent sales may, from time to time, be made to enforce such lien as the installments may become due, until all the installments are paid.

[L. 1859, p. 48, § 1; Osborne v. Horine, 17 Ill. 92; Atkin v. Merrill, 39 Ill. 63. 41. Damages. § 41. Whenever, in any action brought for the purpose, a surviving husband or wife recovers dower in any lands, he or she shall be entitled to recover reasonable damages from the time of his or her demand, and a refusal to assign reasonable dower, [*428]

which may be assessed by the court, or a jury, if required, may be impaneled for that purpose, and execution may issue therefor.

Strawn y. Strawn, 50 Ill. 257; Atkin v. Merrill, 39 Ill. 63; Bonner v. Peterson, 44
FR. S. 1845, p. 202, § 26; Simpson v. Ham, 78, 111. 203; Turney v. Smiete 14 1,211.

254.

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; Clark v. Burnside, 15 Ill. 62.

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 and homestead, or either 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 and homestead, or either, therein, cause the dower and homestead, or either, to be assigned, and shall have the same power, and may take like proceedings therefor, as hereinbefore provided for assignment of dower. [As amended by act approved March 29, 1875. In force July 1, 1875. L. 1859, p. 92, I. L. 1875, p. 75.

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 whereupon 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 inheritance 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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SECTION

86. Petition filled-notice.

87. Hearing-evidence-finding.

88. View of premises, plat and estimates 89. Organization of drainage district. 90. Commissioners fix boundaries. 91. System of drainage--how determined.

92 Right of way how procured. 93. Assessment of damages by jury venire-notice.

94. Trial-verdict - transcript to be filed.

95. Classification of land for taxation. 96. Former ditch may be utilized, 97 Meeting to hear objections 98. Hearing proceedings - appeal

99. Supervisors to hear appeal - may correct errors - record.

100. Special assessment- how made.
101. Appeal proceedings - cost.
102 Effect of appeal

103 Tax

when and how payable. supervisor to give bond

104. Tax list

as treasurer

105. Duty of treasurer

106. Delinquent list - sale- commissioners may purchase

107.

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Collector's bond - treasurer may
receive payment.

108. Division and letting of work..
109. Notice - bids - contract.
110. Tax credited on contract.
111. Land damage - how paid.

112

District fund- how issued.

113. Right to enter upon lands-penalty. Use of public highway - benefits

114.

tax

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143.

144.

assessments.

Taxes and assessments to be refunded.

145. Refusal to refund.

146. Emergency.

TO LEGALIZE CERTAIN DRAINAGE DISTRICTS.

147. Certain drainage districts legalized. 148. Certain assessments legalized. 149. Drainage district may purchase at sale-rights of, as purchaser.

150. Emergency.

FOR COUNTY DITCHES TO DRAIN SWAMP LANDS.

151. Public ditches or drains. 152. Power of county board sioners.

commis.

153. Commissioners- separate districts. 154. Classification of districts for tax

ation.

155. Classification-notice-review. 156. Meeting to hear objections. 157 Finding of commissioners.

158. Appeal from decision of commissioners.

159

Manner of appeal and to whom. 160 Power of board of appeal.

161 Map-record-report.

162. Drainage commiss'r-appointment.

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