by attachment against the person, by fine or imprisonment, or both, by causing possession of real and personal estate to be delivered to the party entitled thereto, or by ordering the demand of the complainant to be paid out of the effects or estate sequestered, or which are included in such decree; and by the exercise of such other powers as pertain to courts of chancery, and which may be necessary for the attainment of justice. [R. S. 1845, p. 94, § 13.

43. UNKNOWN PARTIES.] § 43. All decrees, orders, judgments and proceedings, made or had with respect to unknown persons, shall have the same effect, and be as binding and conclusive upon them, as though such suit or proceeding had been instituted against them by their proper names. [R. S. 1845, p. 98, § 42.

44. LIEN OF MONEY DECREE.] § 44. A decree for money shall be a lien on the lauds and tenements of the party against whom it is entered, to the same extent and under the same limitations as a judgment at law. [See "Mortgages," ch. 95, § 21. R. S. 1845, p. 95, § 14.

45. LIEN OF OTHER DECREES.] § 45. All decrees given in causes in equity in this state shall be a lien on all real estate respecting which such decrees shall be made; and whenever, by any decree, any party to a suit in equity shall be required to perform any act other than the payment of money, or to refrain from performing any act, the court may, in such decree, order that the same shall be a lien upon the real or personal estate, or both, of such party until such decree shall be fully complied with; and such lien shall have the same force and effect, and be subject to the same limitations and restrictions, as judgments at law. [See "Divorce," ch. 40, § 20. "Dower," ch. 41, § 40. R. S. 1845, p. 98, § 45.

46. EXECUTION OF DEEDS-RECORDING SAME.] § 46. Whenever a decree shall be made in any suit in equity, directing the execution of any deed or other writing, it shall be lawful for the court to appoint a commissioner, or direct the master in chancery to execute the same, in case the parties under no disability fail to execute the same, in a time to be named in the decree, or on behalf of minors or persons having conservators; and the execution thereof, by such commissioner or master in chancery, shall be valid in law to pass, release or extinguish the right, title and interest of the party in whose behalf it is executed, as if executed by the party in proper person, and he or she were under no disability; and such deed or other writing, if it relates to land, shall, within six months after its execution by such commissioner or master, be recorded in the recorder's office of the county wherein the land may lie. [R. S. 1845, p. 98, § 43.

47. EXECUTION OF DECREES-PENALTY.] § 47. When there shall be no direction that a master in chancery or commissioner execute a decree, the same may be carried into effect by execution, or other final process, according to the nature of the case, directed to the sheriff or other officer of the proper county; which, when issued, shall be executed and returned by the sheriff or other officer to whom it may be directed, and shall have the same operation and force as simi. lar writs issued upon a judgment at law. The sheriff, or other officer to whom the same is directed, shall be subject to the like penalties and recoveries for misconduct or neglect in the execution or return thereof, as in cases at law; or the court may, if necessary, direct an attachment to be issued against the party disobeying such decree, and fine or imprison him, or both, in the discretion of the court, and may also direct a sequestration for disobedience of any decree. [R. S. 1845, p. 98, § 46.

48. TERMS OF SALE.] § 48. In all cases where a sale of property is decreed, the court may direct the same to be made for cash, or on such credit where no redemption is allowed, and on such terms, as it may deem best and most equitable to the interests of the several parties. [R. S. 1845, p. 98, § 44.

49. CREDITOR'S BILL.] § 49. Whenever an execution shall have been issued against the property of a defendant, on a judgment at law or in equity, and shall have been returned unsatisfied, in whole or in part, the party suing out such execution may file a bill in chancery against such defendant, and any other person, to compel the discovery of any property or thing in action, belonging to the de

fendant, and of any property, money, or thing in action due to him, or held in trust for him, and to prevent the transfer of any such property, money or thing in action, or the payment or delivery thereof to the defendant, except when such trust has, in good faith, been created by, or the fund so held in trust has proceeded from, some person other than the defendant himself. The court shall have power to compel such discovery, and to prevent such transfer, payment or delivery, and to decree satisfaction of the sum remaining due on such judgments, out of any personal property, money or things in action, belonging to the defendant, or held in trust for him, with the exception above stated, which shall be discovered by the proceedings in chancery, whether the same were originally liable to be taken in execution at law or not: Provided, that no answer made to any bill filed under this and the preceding section shall be read in evidence against the defendant on the trial of any indictment for fraud charged in the bill. 1845. p. 97, § 36, 37.

[R. S.

50. BILLS TO QUIET TITLE.] $ 50. The court may hear and determine bills to quiet title, and to remove clouds from the title to real estate, whether the lands in controversy are improved or occupied, or unimproved or unoccupied; and the taking possession of such lands, after the commencement of suit by the party claiming the title or the adverse title, or any one under or through such person or persons, shall not in anywise affect the complainant's right to a final decree upon his bill. [L. 1869, p. 356, § 1.

51. EXEMPTION.] § 51. Nothing contained in this act shall be construed to authorize any lien upon or sale of those articles in possession of the defendant, which are exempt from execution by law, and not released or waived by the party entitled to such exemption. [R. S. 1845, p. 99, § 53.

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

GRANT, DEVISE, ETC., TO STATE, FOR USE OF CHARITABLE

INSTITUTIONS.

AN ACT relative to property conveyed, devised or bequeathed to the state in trust for charitable purposes. (Approved and in force July 1, 1874. L. 1869, p. 63.]

1. EFFECT OF DEED, DEVISE, ETC., TO STATE.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, As follows: Whenever any grant, gift, donation, devise or bequest of real or personal property has been or shall be, directly or indirectly, made to or for the use of the state or any state hospital or asylum for the insane, or other charitable or educational institution of the state, and the deed, will or other instrument by which such grant, gift, donation, devise or bequest is made, declares that such property shall be held, managed, improved and invested or otherwise disposed of for the benefit of such institution or other charitable use, the title to such property may and shall be taken to be vested in the state for the use so expressed, and shall be held, managed, improved, invested or disposed of by the trustees of such institu tion, or other officers thereto duly authorized, in such manner as will best promote and carry into effect the purpose and intention of the person making such grant, gift, donation, devise or bequest, as expressed in the instrument by which the same was or shall be so made.

BOARD OF COMMISSIONERS OF PUBLIC CHARITIES.

AN ACT to provide for the appointment of a board of commissioners of public charities, and defining their duties and powers. [Approved April 9, 1869. In force April 9, 1869.]*

2. APPOINTMENT-TERM OF OFFICE-VACANCY.] 1. Be it enacted by the People of [the State of Illinois, represented in the General Assembly, That within ten days after the passage of this act, the governor, by and with the consent of the senate, shall appoint five persons, to be called and known as "The Board of State Commissioners of Public Charities." One of the persons so appointed shall

hold his office for one year, one for two years, one for three years, one for four years, and one for five years, as indicated by the governor in making the appointments; and all appointments thereafter, except to fill vacancies, shall be for five years. In case of any vacancy occasioned by the removal from the state by any such person so appointed, or death, or resignation, or non-acceptance of the office, or removal from office by the governor. by any such person so appointed, the governor shall immediately fill such vacancy. And all appointments made by the governor when the senate is not in session, shall be valid until the next session of the senate.

3. OATH-POWERS.] § 2. Before entering upon their duties, the said commissioners shall, respectively, take and subscribe the constitutional oath required of other state officers, which shall be filed in the office of the secretary of state, who is hereby authorized and directed to administer such oath. The said commissioners shall have power to elect a president out of their number, and such other officers and agents as they may deem proper, and to adopt such by-laws and regulations for the transaction of their business, as they may consider expe dient.

4. FURTHER POWERS.] § 3. The said commissioners shall have full power, at all times, to look into and examine the condition of the several institutions, which they may be authorized by this act to visit, financially and otherwise; to inquire and examine into their methods of instruction, and the government and management of their inmates; the official conduct of trustees, directors, and other officers and employees of the same; the condition of the buildings, grounds, and other property connected therewith, and into all other matters pertaining to their usefulness and good management. And for these purposes they shall have free access to the grounds, buildings, and all books and papers relating to said institutions; and all persons now or hereafter connected with the same are hereby directed and required to give such information, and afford such facilities for inspection, as the said commissioners may require.

5. DUTIES ANNUAL REPORT.] § 4. The said commissioners, or some one of them, are hereby authorized and required, at least twice in each year, and as much oftener as they may deem necessary, to visit all the charitable and correctional institutions of the state, excepting prisons receiving state aid, and ascer tain whether the moneys appropriated for their aid are or have been economically and judiciously expended; whether the objects of the several institutions are ac complished; whether the laws in relation to them are fully complied with; whether all parts of the state are equally benefited by said institutions, and the various other matters referred to in the third section of this act, and report, in writing, to the governor, by the fifteenth of December, annually, the result of their investigations, together with such other information and recommendations as they may deem proper. And the said board of public charities, or one of them, shall make any special investigation into alleged abuses in any of said institutions, whenever the governor shall direct, and report the result of the same to the gov

ernor.

6. TO VISIT PLACES WHERE INSANE KEPT, AND REPORT.] 5. The said commissioners, or one of them, shall also, at least once each year, visit and examine into the condition of each of the city and county alms or poor houses, or other places where the insane may be confined, and shall possess all the powers rela tive thereto, as mentioned in the third section of this act; and shall report to the legislature, in writing, the result of their examination, in connection with the annual report above mentioned.

7. STATE AID-REPORT UPON.] § 6. Whenever any charitable or correc tional institutions, subject to the inspection herein provided for, require state aid for any purpose other than their usual expenses, the said commissioners, or some, or one of them, shall inquire carefully and fully into the ground of such want, the purpose or purposes for which it is proposed to use the same, the amount which will be required to accomplish the desired object, and into any other atters connected therewith; and in the annual report of each year they shall give

the result of such inquiries, together with their own opinions and conclusions relating to the whole subject.

8. OATHS-EXAMINATION OF WITNESSES.] § 7. The said commissioners, or any one of them, are hereby authorized to administer oaths, and examine any person or persons in relation to any matters connected with the inquiries authorized by this act.

9. CLERK HIS DUTIES, SALARY AND EXPENSES.] § 8. The said board of commissioners shall have power, and they are hereby authorized to appoint a clerk, who shall hold his office during their pleasure, with a salary not exceeding

... dollars per annum, who shall, when required, act as an accountant, from time to time, as they may have occasion to investigate the financial or other. affairs of any of the institutions affected by this act, or the accounts or official conduct of any of their officers; and when acting as such accountant he shall, in addition, be allowed his actual traveling expenses.

10. NUMBER OF TRUSTEES.] § 9. The number of the board of trustees of the hospital for the insane, the board of directors of the Illinois institution for the education of the deaf and dumb, the board of directors of the institution for educating the blind, and the board of trustees of the soldiers' orphans' home, respectively, shall, immediately after the passage of this act, be, by the governor, reduced to three.

11. ATTENDANCE UPON LEGISLATURE.] § 10. The said commissioners, or some, or any one of them, shall attend upon the session of the legislature, whenever any committee of either house shall require their attendance.

12. STATIONERY.] § 11. Said board of commissioners shall be furnished by the secretary of state with the necessary blank books, blanks and stationery.

13. NO COMPENSATION-TRAVELING EXPENSES.] § 12. The said commissioners shall receive no compensation for their time or services; but the actual expenses of each one of them, while engaged in the performance of the duties of their office, and any actual outlay for any actual aid and assistance required in examinations and investigations, on being made out and verified by the affidavit of the commissioners making the charge, and approved by the governor, shall be paid quarterly by the treasurer on the warrant of the auditor of public accounts, out of any moneys in the treasury not otherwise appropriated; and the clerk of the board shall be paid in like manner.

14. NOT TO BE INTERESTED IN CONTRACTS-ELIGIBILITY.] § 13. No member of the said board of commissioners shall be, directly or indirectly, interested in any contract for building, repairing or furnishing any of the institutions which, by this act, they are authorized to visit and inspect; nor shall any trustee or other officer of any of the institutions embraced in this act be eligible to the office of commissioner, hereby created.

15. REMOVAL OF TRUSTEES, ETC.] § 14. The governor is hereby authorized to remove any of the trustees and directors of any of the institutions named in the ninth section of this act, whenever, in his opinion, the interests of the state require such removal; and in case of removal, he shall communicate to the legislature the cause of such removal.

16. RESIDENCE OF TRUSTEES, ETC.-EX-OFFICIO MEMBER.] § 15. No two members of the aforesaid boards of trustees or directors of said institutions shall be residents of the same county, nor shall more than one trustee or director aforesaid reside in the county where said institutions shall be respectively located. The principal of the institution for the education of the deaf and dumb shall continue to be (ex-officio) a member of the board of directors of that institution. 17. REPEAL.] § 16. All laws, or parts of laws, inconsistent with the provisions of this act, are hereby repealed.

18. WHEN IN FORCE.] § 17. This act shall be in force from and after its passage.