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tion and disbursement re
payment of interest on state
paid, but in like moneys as shall be receivable in payment
§ 6. The state may out of said fund first retain or satisfy Cost of collec-
$ 7. Upon maturity of any such registered bonds or When bonds masecurities, in case of non-payment thereof, by the county or city issuing the same, the holders thereof 'may cause the such. same to be registered in the office of the auditor, as matured and unsatisfied bonds, and thereupon, for the purpose of providing for the payment of the principal of the same matured bonds, at the rate of five per cent. of such principal annually, and of interest thereon in arrear, and for the current or ensuing year to accrue, together with costs to the state and collection and disbursement as aforesaid, the same proceedings in all respects shall be had as is herein before provided for payment of interest on such bonds, by collection in such county or city, and disbursement in the manner and upon the basis herein before provided, of an annual tax sufficient Annual tax to be for the purposes in this section contemplated; and the same shall be collected and applied, as aforesaid, to such purpose, from year to year, until full satisfaction thereof, when said bonds shall be canceled and destroyed, as is herein before provided.
§ 8. Upon the payment of any such registered bond or Auditor to make security by the county or city issuing the same, and present bonds ation thereof to the auditor, he shall cause due entry thereof to be made in his office.
$ 9. If it shall be deemed advisable, any such county or New honda, may city may issue such new bonds for the purpose alone of satisfying or taking up their respective bonds or debts.
ture may registered
levied bonds paid.
§ 10. There shall be allowed and paid to county and
levied by virtue of this act, the following rates of commis-
are ascertained and computed and paid from the taxes so To town collec- collected, viz: To town collectors, at the rate of three per To county col- cent. on all sums collected; to county collectors, at the rate
of two per cent. on all sums received by them from town
cent. on the amount received over ten thousand dol-
by themselves collected and paid over to the state treasurer; Collector's bond and where such tax is levied, the collectors' bonds shall be
increased fifty per centum.
§ 11. This act shall be deemed a public act, and take effect from and after its passage.
APPROVED February 13, 1865.
to be increased.
In force Feb. 16,
AN ACT in relation to the assignment of dower.
be set off on one more tracts.
SECTION 1. Be it enacted by the People of the State of
ter, in all cases where commissioners are directed, by order The whole dever or decree of court, to set off and allot dower in several
or tracts of land, described in such order or decree, it shall not
be necessary to assign such dower in each tract, but such
tracts of land, in such manner as they may deem best for Report subject all persons interested, subject, however, at all times, to the to approval of supervision and approval of the court.
This act shall take effect and be in force from and after its passage.
APPROVED February 16, 1865.
AN ACT authorizing a wife whose husband is a lunatic or distracted person, In force Feb. 10,
to release dower in certain cases.
husband is ,
with conservator in deed and
May join and
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That when the guardian or conservator of any married man who is an When idiot, lunatic or distracted person, shall be authorized by the wife may 'join judgment or decree of any competent court to sell the real estate of his ward, and under such authority shall sell the relinquish dowsame, the wife of the ward may, if she thinks fit, join with stead of the guardian or conservator in the conveyance thereof, and thereby release and convey her right of dower and of homestead, and any and all right, interest or claim which she may have in and to the granted premises, with like effect as she might have done, or may do, by a conveyance thereof, made and executed jointly with her husband, if he were under no legal disability.
$ 2. That when such guardian or conservator is authorized as aforesaid to sell the interest of his ward in any real convey her own
(real estate. estate of his wife, and under such authority shall sell the same, the wife may, if she thinks tit, join with the guardian or conservator in the conveyance thereof, and thereby sell and convey all her estate, homestead, right and interest in and to the granted premises, with like effect as she might have done or may do by a conveyance thereof made and executed jointly with her husband, if he were under no legal disability.
$ 3. That in case of any such sale, conveyance or re- Proceeds lease hy the wife, of any real estate owned by her, the proceeds of the sale of her interest therein, the amount of which being determined by the court, shall be paid to her as her sole property.
§ 4. That in case of any such conveyance and release by Interest in husthe wife, of her right of dower, of homestead, or other be paid wife as claim or interest in the real estate of her husband, the proceeds of the sale of any such interest of the wife, may, with the consent and order of the court, be paid to the wife as her sole property; the interest, it in dower, to be determined by the annuity tables, and based upon the life of the wife, or the proceeds of any such sale may be so disposed of and invested under the order of the court, as to secure to the wife the same right, use and benefit of and in the same, and the income thereof, that she would have of and in the same cured. real estate, and the income thereof, if the same had not been sold and her husband had died; and any agreement made between the wife and the guardian or conservator for dis- Agreement posing of, securing or investing such proceeds, or any part dian valid. thereof, for the uses and purposes aforesaid, being approved and confirmed by the court, and any order or decree of the court made in relation thereto shall be valid and binding on all persons interested in the lands sold, or the proceeds of
of wife's lands to be paid her.
Rights of wife se
by wife and guar
such sale, and may be enforced in said court, or by an acRemedy of wife. tion at law, or in equity, as the case may require; and the
wife may have all these remedies in her own name alone. This act applica- § 5. This act shall apply to and include conservators ble to send and guardians of idiots, lunatics and distracted persons, ap
pointed or to be appointed in foreign states and countries,
$'6. This act shall take effect from and after its passage.
guardi. of idiots.
Who drainage commissioners.
line of drain.
SECTION 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That in all shall be the counties of this state adopting township organization,
the commissioners of highways shall be and are hereby constituted, ex officio, a board of drainage commissioners in
their respective towns. Wet land, how $ 2. Hereafter when any person or persons owning wet
or overflowed lands in any county under township organization in this state, desising to drain the same, shall find it necessary to run across neighboring lands whose owner or owners will not give consent for the drain to pass through his or their lands, then in that case the person or persons
desiring the right of way for the drain shall make applicamissioners of tion to the said drainage commissioners, in writing, stating
through whose premises it is necessary to pass, in order to
effect a proper outlet for the proposed drain, and he shall Notice to owners also furnish to each of the owner or owners, or their agent
or agents, through whose land it is proposed to pass, a notice, in writing, stating that he intends to make application to the said commissioners to lay out a drain through his or their lands.
$ 3. The commissioners shall agree upon a time, not exceeding thirty days from the receipt of the application of the person or persons desiring the drain, when and where they will meet to determine upon such application, and if anything shall prevent the meeting of the commissioners, or any one of them, upon the day specified, then they shall' as soon thereafter as possible determine upon
another day for meeting, and they themselves shall give no. notice of such meeting to the parties concerned or their
agents. The application to lay out a drain shall in all cases
§ 4. Upon meeting, the commissioners shall proceed
Time of meeting after potice.
in partially to determine whether in order effectually to
§ 5. The commissioners shall also determine whether If drain be of the proposed drain will be of any practical benefit to the benefit to landa land through which it is to pass, and if so, what portion of make same. the drain the said land owner or owners shall make, or cause to be made. If the commissioners shall be of opinion that the drain proposed will be of suficient benefit to the land through which it is desired to pass, then they shall decide that the person or persons owning the same shall make or cause to be made the entire drain running across his or their lands, giving a reasonable time for completing the Limit of time to same, not exceeding six months nor less than thirty days. But if they shall be of opinion that the drain proposed will not be of sufficient benefit to the parties owning the land to compensate him or them for constructing the entire drain, then they shall decide what portion of the same he or they 10 partial benefit shall make or cause to be made, giving a reasonable time make part of for completing the same; and the party or parties desiring the drain shall be at liberty to complete the remainder ac. cording to the speciîications of the commissioners, at his or their own expense.
But if the person or persons through whose land Refusal of owner the drain is ordered to pass, shall neglect or refuse to make or cause the same to be made, within the time and according to the specifications of the commissioners, then the persou or persons first making the application for the drain shall be at liberty to enter upon the premises of the person or persons so neglecting or refusing, and make or cause to be made the drain, following the specifications of the said when applicant commissioners; and he or they may recover the necessary rare ca mother expense of such work from the person or persons so neg- lands. lecting or refusing, in an action of debt, in any court having competent jurisdiction in the county in which such labor was done or performed.
$ 7. If the commissioners shall be of opinion that the When damages drain if made will be of damage to the land through which are in sessie dort
drain applicant it is proposed to pass, then they shall assess the amount of to pay. the damage to be paid by the person or persons desiring the drain, after payment of which the party or parties so desiring the drain shall be allowed to construct the same at his or their own expense. But in no case shall the commissioners order a drain to be made where the water cannot be conducted into a lake, or pond, or river, or other outlet.
$ 8. The commissioners, after having decided either in favor of or against the application for å drain, shall note