Ill. 92 Herkelrath v. Stookey, 63 Ill. 486; Powers v. Wheeler, 63 Ill 29; Bullock v. Narrott, 49 Ill. 62; Bryan v. Simoneaw, 51 Ill. 327: Nelson v. Smith, 28 III. 591; Wightman v. Hart, 37 Ill. 124; Hessing v. McCloskey, 37 Ill. 342; Bay v. Cook, 31 Ill. 337; Strauss v. Kranert, 56 Ill. 254; Powers v Green, 14 II. 386; Rothgerber v. Gough, 52 Ill. 436; Warner v. Carlton, 22 Ill. 415; Tompkins v. Wheeler, 16 Peters (U. S.). 106; Wright v. Grover 27 Ill. 430; Brown v. Riley, 22 Ill. 46; Blow v. Gage, 44 Ill. 209; Boils v. Henney, 32 Ill. 131; Gray v. St. John, 35 Ill. 223; Ewing v. Runkle, 20 I 448; Meixsell y. Williamson, 35 Il. 529; Cameron v. Savage, 37 Ill. 172; Peters v. Smith, 42 Ill. 417: Thornton v. Davenport, r Scam. 296; Reese v. Mitchell, 41 Ill. 369: Gorgan v. Frew, 39 Ill. 32; Kohl v. Lindley, 39 Ill. 195; Burnell v. Robertson, Gilm. 282; Lewis v. Swift, 54 Ill. 436; Ross v. Weber, 26 Ill. 221; Davidson v. Waldron, 31 Ill. 121; Gibbons v. Bressler, 61 Ill. 110; Miller v. Marckle, 21 III. 152 Winston v. McFarland, 22 Ill. 38: Steelle v. Hoagland, 50 Ill. 377; Gould v. Steinburg, 84 Ill. 170: Hockett v. Bailey, 86 Ill. 74; Annis v. Bonar, 86 Ill. 128; Stephens v. Dillman, 86 Ill. 233; Mattingly v. Wulke, 2 Brad. 169: Storey v. Agnew, Brad, 353; Russell v. Fanning, 2 Brad. 632; Lyttle v. Scott, 2 Brad. 646; Galbraith V. McLain, 84 Ill. 379; Harding v. Com'l Loan Co., 84 Ill. 252; Francis y. Rankin, 84 I. 169: Annis v. Bonar, 86 Ill. 128; Stone v. Wood, 85 Ill. 603; Miller v. Kirby, Ill. 242; Hatch v. Jordon, 74 Ill. 414; Walker v. Carrington, 74 Ill. 446; Wells v. Sandford, 85 Ill. 101; Nimmo v. Kuykendall, 85 Ill. 476; Wallace v. Carpenter, 85 III.

2

74

590.

5. Innocent purchaser. 5. The foregoing section shall not affect the title of a purchaser for a valuable consideration, unless [*541] it appear that he had notice of the fraudulent intent of his immediate grantor, or of the fraud rendering void the title of such grantor.

[De Wolf v. Pratt, 42 Ill. 200; Moshier v. Knox College, 32 Ill. 156; Ewing v. Runkle, 20 Ill. 448; Brown y. Riley, 22 Ill. 52; Salkett v. Mansfield, 26 Ïll, 21; Boies v. Henney, 32 Ill. 130; Gray v. St. John, 35 Ill. 223: Hessing v. McCloskey, 37 Ill. 342; Brown v. Welch, 18 Ill. 346; Clements v. Moore, 6 Wall. (U. S.) 299; Miller v. Kirby, 74 III. 242: Hatch v. Jordon, 74 Ill. 414.

6. Conveyance of personalty, when fraudulent. § 6. Every conveyance of goods and chattels on consideration not deemed valuable in law shall be taken to be fraudulent, unless the same be by will duly proved and recorded, or by deed in writing duly acknowledged or proved, and recorded as in the case of deeds of real estate, or unless possession shall really and bona fide remain with the donee.

[R. S. 1845, p. 258. § 2: Bongard v. Block, 81 Ill, 186; Kitchell v. Bratton, 1 Scam. 301; Ticknor v. McClelland, 84 Ill. 471; Allen v. Carr, 85 Ill. 388; Storey v. Agnew, 2 Brad. 353; Guffin v. F. Nat. Bank, 74 Ill. 259.

7. Loan reservation, etc., of personalty when fraudulent. 7. Where any loan of goods and chattels shall be pretended to have been made to any person, with whom, or those claiming under him, possession shall have remained for the space of five years, without demand made and pursued by due process at law, on the part of the pretended lender, or where any reservation or limitation shall be pretended to have been made of an use or property by way of condition, reservation, remainder Or otherwise, in goods or chattels, the possession whereof shall have remained in another as aforesaid, the same shall be taken, as to creditors and purchasers of the person aforesaid so remaining in possession, to be fraudulent, and that the absolute property is with the possession, unless such loan, reservation or limitation of use or property were declared by will or deed in writing, proved and recorded as afore

said.

R.S. 1845, p. 258, §2; Guffin v. First Nat. Bank, 74 Ill. 259; Peters v. Smith, 42

Ill. 417

or

8. Bona fide sales. § 8. This act shall not extend to any estate or interest in any lands, goods or chattels, or any rents, common profit, out of the same, which shall be upon good consideration, and bona fide lawfully conveyed or assured to any person, bodies politic or corporate.

[R. S. 1845, P. 259, § 3; Francis v. Rankin, 84 Ill. 169.

9. Trusts, etc., to be in writing - resulting trusts. 9. All declarations or creations of trusts or confidences of any lands, tenements or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing; or else they shall be utterly void and of no effect; Provided, that resulting trust or trusts created by construction, implication or operation of law, need not be in writing, and the same may be proved by parol.

[R. S. 1845, P. 259. § 4: Mansfield v. Alwood, 84 Ill. 497; Huggins v. Rider, 77 Ill. 360; Moore v. Pickett, 62 Ill. 158; Perry v. McHenry, 13 Ill. 227; Smith v. Sackett, 5 Gilm. 534; Greene v. Cook, 29 III. 193; Sheldon v. Harding, 44 Il. 73; Smith v. Ramsey, Gilm. 373; Nicoll v. Mason, 49 Ill. 358; Foulds v. Yates, 57 Ill. 416; Wickliff v. Robinson, 18 Ill. 145; Cartwright v. Wise, 14 Ill. 417; Bay v. Cook, 31 III. 345; Truitt v. Griffin, 61 1. 27; Reigard v. McNeil, 38 Ill. 401; Jennings v. McConnel, 17 Ill. 148; G. C. & S. R. R. Co. v. Kelly, 77 Ill. 426; Lantry v. Lantry, 51 Ill. 458; Walter v. Klock, 55 Ill. 366; Bruce v. Roney, 18 Ill. 67; Latham v. Henderson, 47 Ill. 185; Roberts v. Opp, 56 Ill. 34; Nicoll v. Ogden, 29 I. 323; Nicoll v. Miller, 37 11. 387: Seaman v. Cook, 14 Ill. 5or; Thorp v. McCullum, 1 Gilm. 614; Taylor v. Taylor, 4 Gilm. 303; Lux v. Hoff, 47 Ill. 425; Morgan v. Clayton, 61 Ill. 35: Pensoneau v. Pulliam, 47 Ill. 58; Moore v. Pickett, 62 Ill. 158; Adams v. Adams, 79 Ill. 517; Wilson v. McDowell, 78 Ill. 514; King v. Wilder, 75 Ill. 275: Belohradský v. Kuhn, 69 Ill. 547 Ward v. Armstrong, 84 I. 151; Emmons v. Moore, 85 Ill. 304; Mason v. Showalter, 85 Ill. 133; Smith v. Smith, 85 Ill. 189; Railsback v. Williamson, 88 111. 494; Wallace v. Carpenter, 85 III. 590.

10. Wills, etc., against whom fraudulent. § 10. All wills and testaments, limitations, dispositions or appointments of, or concerning any lands and tenements, or of any rent, profit, term or charge, out of the same, whereof any person, at the time of his decease, shall be seized in fee simple, in possession, in reversion, or remainder, or have power to dispose of the same by his last will or testament, shall be deemed and taken (only as against the person, his heirs, successors, executors, administrators or assigns, and every of them, whose debts, suits, demands, estates and interests, by such will, testament, limitation, disposition or appointment as aforesaid, shall, or might be in any wise disturbed, hindered, delayed or defrauded), to be fraudulent, void and of no effect, any pretense, color, feigned or presumed consideration, or any other matter or thing to the contrary notwithstanding. [R. S. 1845, P. 259, § 5.

11. Liabilities of representatives and heirs. § 11. Any person, his heirs, devisees, executors, administrators, successors or assigns, and every of them, who shall or may have any debts, suits or demands against any person, who shall make any fraudulent devise as aforesaid, or who have any debts, suits or demands against any person who shall die intestate, and have real estate to his heirs, to descend according to the laws of this State, may have and maintain the same actions which lie against executors and administrators upon his bonds, special.

ties, contracts and agreements against the executors or administrators and the heirs, or against the executors or administrators and the devisees, or may join the executors or administrators, the heir or heirs, and the devisees of such obligor, and shall not be delayed for the non-age of any of the parties.

[R. S 1845, p. 259, § 6; Hoffman v. Wilding, 85 Ill. 456.

12. Heir or devisee liable. 12. When any lands, tenements or hereditaments, or any rents or profits out of the same, shall [*542] descend to any heir, or be devised to any devisee, and the personal estate of the ancestor of such heir or devisor of such devisee shall be insufficient to discharge the just demands against such ancestor, or devisor's estate, such heir or devisee shall be liable to the creditor of their ancestor or devisor to the full amount of the lands, tenements or hereditaments, or rents and profits out of the same, as may descend or be devised to the said heir or devisee; and in all cases where any heir or devisee shall be liable to pay the debts of his executor or devisor, in regard of any lands, tenements or hereditaments, or any rent or profit arising out of the same, descending or being devised to him, and shall sell, alien or make over the same before any action brought, or process sued out against him, such heir at law or devisee shall be answerable for such debts to the value of the said lands, tenements and hereditaments, rents or profits so by him aliened or made over; and executions may be taken out upon any judgment so obtained against such heir or devisee, to the value of the said lands, tenements and hereditaments, rents and profits, out of the same, as if the same were his own proper debts, saving and excepting that the lands and tenements, rents and profits, by him bona fide aliened, before the action brought, shall not be liable to such execution.

[R. S. 1845. p. 260. § 8; Guy v. Gericks, 85 Ill. 428; Ryan v. Jones, 15 Ill. 1; Thomas V. Adams. 30 Ill. 37; Vansyckle v. Richardson, 13 Ill. 173; Myer v. McDougal, 47 Ill. 278; Branger v. Lucy, 82 Ill. 91; Hoffman v. Wilding, 85 Ill. 453; Fitzgerald v. Glancy, 49 Ill. 465 Vanmeter v. Love, 33 Ill. 260; McLean v. McBean, 74 I. 135; McCoy v. Morrow, 18 Ill. 523; Unknown Heirs v. Baker, 23 Ill. 484; Cutright v. Stanford, 81 Ill. 240.

13. Riens per descent. 13. When any action or suit is brought against any heir or devisee he may plead riens per descent, at the time of the commencement of the action or suit, and the plaintiff in such action may reply that he had lands, tenements or hereditaments, or rents or profits out of the same, from his ancestor or devisor before the commencement of the action or suit, and if, upon issue joined thereupon, it be found for the plaintiff, the jury shall inquire of the value of the lands, tenements, hereditaments, or rents and profits out of the same, so descended or devised, and thereupon judgment shall be given and execution awarded as aforesaid; but if judgment be given against such heir or devisee, by confessing of the action without confessing the assets descended or devised, or upon demurrer, or nihil dicit, or default, said judgment shall be given for the plaintiff, without any writ to inquire of the lands. tenements or hereditaments, or rents, and profits out of the same, so descended or devised.

74

(R. S. 1845. p. 260, $9: Crawford Co. v. Spenney, 21 Ill. 289; McLean v. McBean, Cutright v. Stanford, 81 Ill. 240; Branger v. Lucy, 82 Ill. 91; Guy v. Ill. 428; Hoffman v. Wilding, 85 Ill. 453.

Gericks, 85

14. Liability of heirs. § 14. In all cases where a judgment has been obtained against the executor or administrator of a deceased person on a contract or undertaking on which a joint action might have been maintained against the executor or administrator, and the heir or devisee of the deceased person, if it shall appear by a judgment of record or the return of a proper officer that there is not property of the deceased person in the hands of the 'executor or administrator to satisfy such judgment, it shall be lawful to bring a separate suit or action against the heir or devisce on such contract or undertaking; and the judgment against the executor or administrator, if not satisfied, shall be no bar to the suit or action against the heir of devisee.

[R. S. 1845, p. 260, § 10; Welch v. Wallace, 3 Gilm. 490; Peck v. Stevens, 5 Gilm. 127; Guy v. Gericks, 85 Ill. 428; Hoffman v. Wilding, 85 III. 453.

15. Failure to administer within one year. § 15. If no person shall administer on the goods and chattels of a deceased person for the space of one year after his death, a separate suit or action may be maintained against the heirs or devisees, on all the contracts and undertakings of such deceased person. [R. S. 1845, p. 261, § II.

16. Declaration. § 16. In all actions or suits commenced under the provisions of the preceding sections, the facts authorizing the suit to be brought separately against the heirs or devisees shall be distinctly set forth in the declaration. [R. S. 1845, p. 261, 12.

17. Guardian ad litem. § 17. When any suit or action in law or equity shall be brought against any heir or devisee, who shall be of non-age, it shall be lawful for the court to appoint a guardian ad litem for such infant heir or devisee, and may compel the person so appointed to act; Provided, that by such appointment such person shall not be rendered liable to pay any costs of suit.

[R. S. 1845, p. 260, §7; Loyd v. Malone, 23 Ill. 43; Enos v. Capps, 15 Ill. 277; Mc. Clay v. Norris, 4 Gilm. 381.

AN ACT to revise the law in relation to fugitives from justice. [Approved February 16, 1874. In force July 1, 1874.]

1. Warrant for arrest on requisition. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever the executive of any other State, or of any territory of the United States, shall demand of the executive of this State any person as a fugitive from justice, and shall have complied with the requisitions of the act of congress in that case made and provided, it shall be the duty of the executive of this State to issue his warrant under the seal of the State, to apprehend the said fugitive, directed to any sheriff, Coroner or constable of any county of this State, or other person whom the said executive may think fit to entrust with the execution of said process. [R. S. 1845, p. 261, § 1.

2. Arrest-delivery. § 2. Any such officer or person may, at the expense of the agent making the demand, execute such warrant anywhere within the limits of this State, and require aid as in criminal cases, and may convey such fugitive to any place within this State which the executive in his said warrant shall direct, and deliver such fugitive to such agent. [R. S. 1845, p. 261, § 1.

3. Arrest of accused before requisition. § 3. When a person is found in this State, charged with an offense committed in another State or territory, and liable, by the constitution and laws of the United States, to be delivered over upon the demand of the executive of such other State or territory, any judge, justice of the peace or police magistrate may, upon complaint under oath, setting forth the offense, and such other matters as are necessary to bring the case within the provisions of law, issue a warrant to bring the person charged before the same or some other judge, justice of the peace or police magistrate within this State, to answer to such complaint as in other cases. [R. S. 1845, P. 262, §4.

4. Commitment or bail. 4. If, upon examination, it shall appear to the satisfaction of such judge, justice or police magistrate,