14. DEATH OF PART OF PLAINTIFFS IN EJECTMENT.] § 14. If there are several plaintiff's in an action of ejectment, and any of them die before final judg ment, the death of such party may be suggested on the record, and the heir or devisee of the deceased party shall be admitted to prosecute the suit jointly with the survivor, in the same manner as if he had originally joined with him in commencing the action. [R. S. 1845, p. 208, § 26.

15. WHEN SURVIVOR MAY PROSECUTE.] § 15. If the interest of the deceased party passes to the surviving plaintiff, or if the heir or devisee of the deceased party does not, within a reasonable time, to be fixed by the court, join in the prosecution of the suit, the surviving plaintiff may prosecute the suit for so much of the premises in question as may then be claimed by him.

16. DEATH OF PART OF SEVERAL DEFENDANTS IN EJECTMENT.] § 16. In case of the death of any of several defendants in an action of ejectment, the action may be prosecuted against the other defendants for so much of the premises as they hold or claim, or the death being suggested, the heir or devisee of the deceased party may be made co-defendant with the others, and the suit proceed the same as if such heir or devisee had originally been made co-defendant. [R. S. 1845, p. 208, § 26.

17. DEATH OF PART WHEN CAUSE DOES NOT SURVIVE IN CHANCERY.] § 17. When there are several complainants or defendants in a suit or proceeding in chancery, and any of them die, and the cause of action does not survive to the surviving complainant or against the surviving defendant, and any other persons become interested therein in consequence of such decease, such suit or proceeding shall, by reason of such death, be abated only with respect to such deceased party; and the person or legal representative so becoming interested may be made a party to such suit or proceeding in the same manner as in the case of the death of a sole complainant or defendant; or the suit or proceeding may be prosecuted by the surviving complainant against the surviving defendant without reviving the same in favor of or against the person or legal representative so becoming interested therein; but in the latter case such interested person or legal representative, not made a party, shall not be bound by any order or decree made in the cause. [R. S. 1845, p. 97, § 39.

18. WHEN EXECUTOR, ETC., DIES, ETC.] § 15. When an executor, administrator, guardian or conservator is plaintiff, petitioner or complainant, or defendant in a suit or proceeding in law or equity, and dies, resigns, or is removed from office before final judgment or decree, the suit or proceeding shall not on that account abate, but the same may be continued by or against his successor, in like manner as in case of the death of other parties. [R. S. 1845, p. 44, § 10.

19. WHEN PUBLIC OFFICER OR TRUSTEE DIES OR IS REMOVED.] § 19. When an action, proceeding or complaint, in law or equity, is authorized or directed by law to be brought by or in the name of any public officer, or by any trustee appointed by virtue of any statute, and such officer or trustee dies or ceases to be such officer or trustee before final judgment or decree, the suit shall not on that account abate, but the same may be continued by his successor, in like manner as in case of the death of other parties. [R. S. 1845, p. 44, § 11.

20. WHEN EITHER PARTY BECOMES INSANE.] $20. If, during the pendency of an action, proceeding or complaint, in law or equity, either party becomes insane, the cause may be prosecuted or defended by his conservator in like manner as by an executor or administrator in case of the death of a party, or the court may appoint a guardian ad litem, as the case may require.

21. IN PARTITION.] § 21. No plea in abatement shall be received in any suit for partition, nor shall such suit abate by the death of any tenant. [R. S. 1815, p. 401, § 14.

22. IN PARTITION-DEATH-REVIVAL.] § 22. No suit for the partition of land shall abate on account of the death of any party thereto, but it may be continued in the names of the survivors, if the interest of such deceased person survives to them; and if such interest passes to other persons, they may be made

parties in like manner as in the case of the death of other parties, and the same proceedings may be had as if they had been made parties originally. [R. S. 1845, p. 45, § 12.

23. SUITS FOR THE USE OF ANOTHER.] § 23. No suit, instituted in the name of one for the use of another, shall abate by reason of the death of the person whose name is used; but it may be continued by the real plaintiff in interest, in his own name, on his suggesting such death on the record, and an order of the court being made, substituting his name for that of the deceased plaintiff. [R. S. 1845, p. 45, § 13.

24. APPLIES TO APPEALS, ETC.] § 24. The provisions of this act shall ap ply to all appeals, writs of error and of certiorari, so far as the same may be made applicable. [R. S. 1845, p. 45, § 14.

25. PROCESS.] § 25. Process authorized by this act may be sued out either in term time or in vacation, and may be directed to any county, and shall correspond, as nearly as may be, to the original writ, and may be executed and returned in the same manner. [R. S. 1845, p. 45, § 15.

26. LIMITATION.] $ 26. No such process for the substitution of another person in the place of the original defendant, shall be sued out after the second day of the second term of the court next after the death or disability of the original party shall be suggested on the record, except upon the further order of the court, for good cause shown. [R. S. 1845, p. 45, § 15.

AN ACT in regard to the action of account. [Approved March 30, 1874; in force July 1, 1874.]

1. JOINT TENANTS, ETC., TO ACCOUNT.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That where one or more joint tenants, tenants in common or co-parceners in real estate, or any interest therein, shall take and use the profits or benefits thereof, in greater proportion than his, her or their interest, such person or persons, his, her or their executors and administrators, shall account therefor to his or their co-tenant, jointly or severally. [R. S. 1845, p. 45, § 1.

2. BY WHOM BROUGHT.] § 2. The action of account may be sustained: First-By one joint tenant, tenant in common or co-parcener, his or her executor or administrator, against the other or others, who receive, as bailiffs, more than his or their due proportion of the profits or benefits of such estate.

Second-By an executor, or administrator with the will annexed, being residuary legatees against the co-executor, or co-administrator with the will annexed. Third-By a residuary legatee against executors and administrators. Fourth-By and against executors and administrators, in all cases in which the same might have been maintained by and against their testator or intestate. Fifth-By one or more co-partner or co-partners against the other co-partner or co-partners, to settle and adjust their co-partnership accounts and dealings, making all said co-partners parties to said action, either as plaintiff's or defen

dants.

Sixth-On book account. [R. S. 1845, p. 46, § 2, 3, 4.

3. WHEN BROUGHT—COMPELLING ACCOUNT.] $3. When any person is or shall be liable to account as guardian, bailiff or receiver, or otherwise, to another, and will not give an account willingly, the party to whom such an account ought to be made, may bring his or her action of account; and if the person against whom such action may be brought be summoned, and does not appear at the return of the writ, and abide the order of the court, then such defendant shall be attached by his body to appear and render his account. [R. S. 1845, p. 46, § 6. 4. PROCESS.] § 4. The original process in actions of account shall be the same as is or may be provided by law for other personal actions, and shall be served and returned in the same manner. [R. S. 1845, p. 46, § 5.

5. FORM OF DECLARATION.] § 5. The declaration in an act on book account, (except the commencement and conclusion,) may be in the following form, to wit:

In a plea, that the defendant render to the plaintiff the sum of dollars, which the plaintiff says is justly due from the defendant, to balance book accounts between them, as by the plaintiff's original book, ready to be produced in court, may appear: Now the plaintiff says that the defendant, though often requested, has ever refused, and still does refuse, to settle and adjust the account of the plaintiff, or to pay the balance thereon due.

6. TRIAL-JUDGMENT.] § 6. If the defendant in an action of account shall plead in defense any plea, which being true, he ought not to account, the issue thereon may be tried by a jury, and if a verdict be found against him, or if such defendant shall not appear, or appearing, shall confess that he ought to account with the plaintiff, the court shall render judgment that he do account.

7. AUDITORS.] § 7. Whenever a judgment shall be rendered against any defendant, that he account, the court shall appoint one or more able, disinterested and judicious men as auditors, to hear, examine and adjust the accounts between the parties, who shall, before they enter on their duties, be sworn faithfully and impartially to take and state the account between the parties, and make report to the court. [R. S. 1845, p. 46, § 7.

8.

HEARING BEFORE AUDITORS-NOTICE-DEFAULT.]

§ 8. Such auditors, or a majority of them, shall have power to appoint the time and place for the hearing, and shall cause reasonable notice thereof to be given to the parties, and if the defendant shall fail or refuse to attend at the time and place appointed, and render his account, or appearing, shall not render an account, the auditors shall proceed to take the account, and shall award to the party appearing such sum as, on his showing, shall appear to be justly due, which showing shall be on the oath of the party, or other evidence as the nature of the case may require or admit. [R. S. 1845, p. 46, § 8.

§ 9. Any auditor, so appointed,

may administer all necessary oaths or affirmations, either to parties or witnesses, in the hearing and examination of such accounts, and require, by subpenas, the attendance of such witnesses and the production of such books and papers as may be required by either party. [R. S. 1845, p. 46, § 9.

10. TAKING ACCOUNT-TESTIMONY-COMPELLING WITNESS.] § 10. At the time and place of the hearing, such auditors, or a majority of them, shall proceed to take and state the accounts, and take the testimony of witnesses, and examine either or all of the parties, on oath, respecting any account or item thereof submitted by either party, and compel the attendance of witnesses and production of books and papers. If either party or any witness shall refuse to be sworn or answer proper questions respecting said accounts, or any item thereof, the auditors, or a majority of them, may report the same to the court, and the court shall commit him to jail, there to remain until he consent to be sworn, or answer the interrogatories, or be discharged by the court according to law; or it any party shall refuse to be sworn or to answer directly any question put by the auditors or under their direction, such refusal relative to the particular matter to which oath or answer is required, shall be taken against the party so refusing. R. S. 1845, p. 46, § 9.

11. ADJUSTING ACCOUNTS-REPORT-JUDGMENT-COSTS.] § 11. The auditors, or a majority of them, shall liquidate and adjust the accounts and state the balance, and to whom due, and make report to the court, and if no just cause be shown to the contrary, after the same shall be approved by the court, judg ment shall be rendered on such report for such sum as shall be found in arrear from either party, with costs; and the party in favor of whom the report is made shall pay the auditors their fees, to be fixed by the court, which shall be taxed as costs. [R. S. 1845, p. 46, § 10.

12. PRODUCING BOOKS.] § 12. The court before which the action shall be pending, and also the auditors so appointed, or a majority of them, may call upon either party to produce, at any time pending the suit, either his ledger or origi nal book of entries, or both, as they may think proper, and no disputed account shall be allowed upon the oath of the party, when it shall appear that he has an original book of entries, unless such book shall be produced upon reasonable request.

13. ACCOUNTS OF SIMILAR NATURE ADJUSTED.] § 13. The auditors appointed in any action of account, in hearing, examining and adjusting the accounts of the parties, shall hear, examine and adjust all the accounts existing between them of a similar nature, and in the same right, to the time of such hearing, including all questions of interest thereon.

14. NOTICE OF HEARING.] § 14. The auditors may notify the parties of the time and place of hearing, by causing them, or either of their attorneys of record, to be personally notified, or by citation, left at such parties' usual abode, at least ten days previous to the time of such hearing; and if the party have no domicile in this state, and have no attorney of record, by leaving such citation in the office of the clerk of the court in which such action shall be pending, at least thirty days before the time of hearing, which shall be deemed sufficient notice.

15. CONTINUANCES.] § 15. The auditors may continue the hearing of any account from time to time, in their discretion.

16. PLEADING. § 16. No formal pleading shall be allowed to be filed before the auditors who may be appointed to take and state an account between the parties in any action of account. [L. 1861, p. 9, § 1.

17. ACCOUNT BEFORE JUSTICES.] § 17. Justices of the peace shall have jurisdiction in all actions on book account where the amount of the balance owing to the plaintiff shall not exceed $200; and in such actions brought before a justice of the peace, on book account, or when any book account shall be pleaded in offset before a justice of the peace, such justice shall have the same power to examine parties under oath that is given to auditors under this act.

18. JURISDICTION.] § 18. In all cases commenced under the first, fourth and fifth enumerations in section 2 of this act, the several courts of record in this state having chancery jurisdiction are empowered to hear, try and determine the same, to appoint auditors or commissioners in their discretion, to take testimony or to find the state of facts, or to take, adjust and state accounts between said co-tenants, co-parceners or co-partners; and said courts are also empowered to make all such orders and decrees, either interlocutory or final, as may enable such courts to do complete justice to all parties, and such as such courts sitting in chancery could lawfully make in order to the adjustment and final settlement of all co-partnership accounts, matters and dealings whatever; and such courts shall render final judgment or judgments in any such action in favor of or against such co-tenants, co-parceners, or co-partners respectively, as shall be just and equitable, and such as said courts, sitting in chancery, might render, and may enforce such judgment or judgments by execution, or in any other way in which such courts sitting in chancery could enforce the same.

19. POWERS OF AUDITORS, ETC.] $ 19. Auditors and commissioners, appointed agreeably to the provisions of the last preceding section, shall have the same power to administer oaths to parties and witnesses, and to compel the attendance of witnesses and the production of books and papers, and the parties shall have the same right and be under the same obligation to testify, as is provided in actions of account generally.

20. BOOK ACCOUNT.] § 20. Whenever, on the trial of any action on book account, it shall appear to the court that any item or items of account or deal between the same parties, more properly belong to some other action of account under this act, the same may be tried and adjusted in said action on book account. 21. APPEAL WRIT OF ERROR.] § 21. Either party may appeal or prosecute a writ of error from the final judgment rendered under and by virtue of this act, in the same manner and upon the same conditions as provided by law in other cases. [R. S. 1845, p. 46, § 11.

22. ACT CONSTRUED.] § 22. Nothing in this act contained shall be so construed as to deprive courts of chancery of their jurisdiction in matters of account. [R. S. 1845, p. 46, § 12.