inherited, if living; and the lawful issue of an illegitimate person shall represent such person, and take, by descent, any estate which the parent would have taken, if living.

Second-The estate, real and personal, of an illegitimate person, shall descend to and vest in the widow or surviving husband and children, as the estate of other persons in like cases.

Third-In case of the death of an illegitimate intestate leaving no child or descendant of a child, the whole estate, personal and real, shall descend to and absolutely vest in the widow or surviving husband.

Fourth-When there is no widow or surviving husband, and no child or descendants of a child, the estate of such person shall descend to and vest in the mother and her children, and their descendants-one-half to the mother, and the other half to be equally divided between her children and their descendants, the descendants of a child taking the share of their deceased parent or ancestor.

Fifth-In case there is no heir as above provided, the estate of such person shall descend to and vest in the next of kin to the mother of such intestate, according to the rule of the civil law.

Sixth-When there are no heirs or kindred, the estate of such person shall es cheat to the state, and not otherwise. [R. S. 1845, p. 547, § 53; L. 1853, p. 255, § 1, 2.

3. CHILD LEGITIMATIZED.] § 3. An illegitimate child, whose parents have intermarried, and whose father has acknowledged him or her as his child, shall be considered legitimate. [R. S. 1845, p. 547, § 52.

4. ADVANCEMENTS.] § 4. Any real or personal estate given by an intestate in his life-time as an advancement to any child or lineal descendant, shall be con sidered as part of the intestate's estate, so far as it regards the divisions and distribution thereof among his issue, and shall be taken by such child or other descendant towards his share of the intestate's estate; but he shall not be required to refund any part thereof, although it exceeds his share. [R. S. 1845, p. 563, § 128.

5. VALUE OF REAL ESTATE ADVANCED.] § 5. If such advancement is made in real estate, and the value thereof is expressed in the conveyance or in the charge thereof made by the intestate, or in the written acknowledgment thereof by the party receiving it, it shall be considered as of that value in the divisions and distribution of the estate; otherwise, it shall be estimated according to its value when given.

6. VALUE OF PERSONALTY ADVANCED-EXCESS.] § 6. If such advancement is made in personal estate of the intestate, the value thereof to be estimated the same as that of real estate; and if, in either case, it exceeds the share of real or personal estate, respectively, that would have come to the heir so advanced, he shall not refund any part of it, but shall receive so much less of the other part of the intestate's estate as will make his whole share equal to the shares of other heirs who are in the same degree with him.

7. ADVANCEMENT MUST BE IN WRITING.] § 7. No gift or grant shall be deemed to have been made in advancement unless so expressed in writing or charged in writing, by the intestate, as an advancement, or acknowledged in writing by the child or other descendant.

8. DEATH OF PERSON ADVANCED.] § 8. If a child, or other descendant so advanced, dies before the intestate, leaving issue, the advancement shall be taken into consideration in the division or distribution of the estate of the intestate, and the amount thereof shall be allowed accordingly by the representatives of the heirs so advanced, as so much received towards their share of the estate, in like manner as if the advancement had been made directly to them.

9. POSTHUMOUS CHILD.] $9. A posthumous child of an intestate shall receive its just proportion of its ancestor's estate, in all respects, as if he had been born in the life-time of the father. [R. S. 1845, p. 547, § 54.

10. CHILD BORN AFTER WILL-EFFECT-EFFECT OF MARRIAGE.] § 10. If, after making a last will and testament, a child shall be born to any testator, and no provision be made in such will for such child, the will shall not on that account be revoked; but unless it shall appear by such will that it was the intention of the testator to disinherit such child, the devises and legacies by such will granted and given, shall be abated in equal proportions to raise a portion for such child equal to that which such child would have been entitled to receive out of the estate of such testator if he had died intestate, and a marriage shall be deemed a revocation of a prior will. [R. S. 1845, p. 539, § 13.

11. DEATH OF DEVISEE BEING CHILD, ETC., BEFORE TESTATOR.] § 11. Whenever a devisee or legatee in any last will and testament, being a child or grandchild of the testator, shall die before such testator, and no provision shall be made for such contingency, the issue, if any there be, of such devisee or legatee, shall take the estate devised or bequeathed as the devisee or legatee would have done had he survived the testator, and if there be no such issue at the time of the death of such testator, the estate disposed of by such devise or legacy shall be considered and treated in all respects as intestate estate. [R. S. 1845, p. 539, $14.

12. DISTRIBUTION OF UNDEVISED ESTATE.] § 12. All such estate, both real and personal, as is not devised or bequeathed in the last will and testament of any person, shall be distributed in the same manner as the estate of an intestate; but in all such cases the executor or executors, administrator or adminis trators, with the will annexed, shall have the preference in administering on the same. [R. S. 1845, p. 545, § 42.

[§ 13, repeal, omitted. See "Statutes," ch. 131, § 5.]

AN ACT to revise the law in relation to divorce. [Approved March 10, 1874. In force July 1, 1874.]

1. CAUSES.] §1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in every case in which a marriage has been, or hereafter may be contracted and solemnized between any two persons, and it shall be adjudged, in the manner hereinafter provided, that either party at the time of such marriage was, and continues to be naturally impotent; or that he or she had a wife or husband living at the time of such marriage; or that either party has committed adultery subsequently to the marriage; or has willfully de serted or absented himself or herself from the husband or wife, without any rea sonable cause, for the space of two years; or has been guilty of habitual drunkenness for the space of two years; or has attempted the life of the other by poison or other means showing malice; or has been guilty of extreme and repeated cruelty; or has been convicted of felony or other infamous crime, it shall be law ful for the injured party to obtain a divorce and dissolution of such marriage con tract. [R. S. 1845, p. 196, § 1.

2. RESIDENCE.] § 2. No person shall be entitled to a divorce in pursuance of the provisions of this act, who has not resided in the state one whole year next before filing his or her bill or petition, unless the offense or injury com plained of was committed within this state, or whilst one or both of the parties resided in this state. [R. S. 1845, p. 197, § 3.

3. LEGITIMACY OF CHILDREN.] § 3. No divorce shall, in anywise, affect the legitimacy of the children of such inarriage, except in cases where the marriage shall be declared void on the grounds of a prior marriage. [R. S. 1845, p. 196, § 1.

4. JURISDICTION.] § 4. The circuit courts of the respective counties and the superior court of Cook county shall have jurisdiction in all cases of divorce and alimony allowed by this act. [R. S. 1845, p. 196, § 2.

5. VENUE § 5. The proceedings shall be had in the county where the com plainant resides, but process may be directed to any county in the state. [R. S. 1845, p. 196, § 2.

6. PROCESS-PRACTICE.] § 6. The process, practice and proceedings under this act shall be the same as in other cases in chancery, except as herein otherwise provided, and except that the answer of the defendant need not be on oath. R. S. 1845, p. 196, § 2.

7. TRIAL BY JURY.] $7. When the defendant appears and denies the charges in the complainant's bill for a divorce, either party shall have the right to have the cause tried by a jury. [R. S. 1845, p. 197, § 5.

8. HEARING ON BILL CONFESSED-NOTICE.] § 8. If the bill is taken as confessed, the court shall proceed to hear the cause by examination of witnesses in open court, and in no case of default shall the court grant a divorce, unless the judge is satisfied that all proper means have been taken to notify the defendant of the pendency of the suit, and that the cause of divorce has been fully proven by reliable witnesses. Whenever the judge is satisfied that the interests of the defendant require it, the court may order such additional notice as equity may seem to require. [R. S. 1845, p. 197, § 5.

9. CONFESSION OF DEFENDANT.] $9. No confession of the defendant shall be taken as evidence unless the court or jury shall be satisfied that such confession was made in sincerity and without fraud or collusion to enable the complainant to obtain a divorce. [R. S. 1845, p. 197, § 5.

10. COLLUSION-BOTH PARTIES GUILTY, ETC.] § 10. If it shall appear, to the satisfaction of the court, that the injury complained of was occasioned by collusion of the parties, or done with the assent of the complainant for the pur pose of obtaining a divorce, or that the complainant was consenting thereto, or that both parties have been guilty of adultery, when adultery is the ground of complaint, then no divorce shall be decreed. [R. S. 1845, p. 197, § 4.

11. PROOF OF FOREIGN MARRIAGE.] § 11. A marriage which may have been celebrated or had in any foreign state or country, may be proved by the acknowledgment of the parties, their cohabitation, and other circumstantial testimony. [R. S. 1845, p. 197, § 5.

12. RESTRAINT OF WIFE.] § 12. The court may prohibit the husband from interposing any restraint on the personal liberty of the wife during the pendency

of the suit.

13. CUSTODY, ETC., OF CHILDREN.] § 13. The court may, on the application of either party, make such order concerning the custody and care of the minor children of the parties during the pendency of the suit as may be deemed expe dient, and for the benefit of the children.

14. WIFE MAY SUE AS A POOR PERSON.] §14. Any woman suing for a di vorce, who shall make it appear satisfactorily to the court that she is poor, and unable to pay the expenses of such suit, shall be allowed by the court to prosecute her complaint without costs; and in such cases no fees shall be charged by the officers of the court. [See "Costs," ch. 33, § 5, 6. R. S. 1845, p. 197, § 7.

15. ALIMONY PENDING SUIT.] § 15. In all cases of divorce the court may require the husband to pay to the wife, or pay into court for her use during the pendency of the suit, such sum or sums of money as may enable her to maintain or defend the suit; and in every suit for a divorce, the wife, when it is just and equitable, shall be entitled to alimony during the pendency of the suit. And in case of appeal or writ of error by the husband, the court in which the decree or order is rendered, may grant and enforce the payment of such money for her de fense, and such equitable alimony during the pendency of the appeal or writ of error, as to such court shall seem reasonable and proper.

16. NAME.] 16. The court, upon granting to a woman a divorce from the bonds of matrimony, may allow her to resume her maiden name or the name of any former husband. [L. 1859, p. 128, § 4.

17. PROPERTY.] § 17. Whenever a divorce is granted, if it shall appear to the court that either party holds the title to property equitably belonging to the other, the court may compel conveyance thereof to be made to the party entitled to the same, upon such terms as it shall deem equitable.

18. ALIMONY-CHILDREN.] § 18. When a divorce shall be decreed the court may make such order touching the alimony and maintenance of the wife, the care, custody and support of the children, or any of them, as, from the circumstances

of the parties and the nature of the case, shall be fit, reasonable and just; and in case the wife be complainant, to order the defendant to give reasonable security for such alimony and maintenance, or may enforce the payment of such alimony and maintenance in any other manner consistent with the rules and practice of the court. And the court may, on application, from time to time, make such alterations in the allowance of alimony and maintenance, and the care, custody and support of the children, as shall appear reasonable and proper. [R. S. 1845, p. 197, § 6.

19. ALIMONY IN CASE OF BIGAMY.] § 19. When a divorce is granted to a woman who shall, in good faith, have intermarried with a man having at the time of such marriage another wife or wives living, the court may, nevertheless, allow the complainant alimony and maintenance the same as in other cases of divorce; but no such allowance shall be made as will be inconsistent with the rights of such other wife or wives, which shall first be ascertained by the court before the granting of such alimony or maintenance. [L. 1869, p. 164, § 1, 2.

20. LIEN OF DECREE-SALES.] § 20. Whenever, in any case of divorce, a decree for alimony or maintenance is made a lien on any real estate to secure the payment of any money to become due by installments, and a sale of such real estate shall become necessary to satisfy any of such installments, 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 installments are paid. [L. 1859, p. 48, § 1.