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petitioned them in writing to adopt such measure, the county commissioners' court may offer a premium of not less than fifty cents, nor more than two dollars for each wolf's scalp, which shall, within one year thereafter, be taken in such county; such premium to be awarded in the manner pre

scribed in the second section of this act, except Premiums to be

that the certificate of the clerk shall be presented to pait out of the the county Treasurer, who shall pay to the person county treasury. in whose favor such certificate drawn, the sum

to which he shall be entitled: Provided always, that no person shall receive a premium from the state, and another from the county, for the destruction of the same wolves.

Sec. 4. Be it further enacted, That the Auditor

of the state, when he issues his warrant, and the Audt. of he state and county Treas- county Treasurer, when he pays any premium, lurer to file the cer- shall receive and place on file in their respective tificates.

offices, all certificates from any clerk of the couna ty commissioners' court, which may be presented to either of them, in pursuance of the provisions of this act.

AN ACT forming a new County out of the attach

ed part of the county of Pike.

APPROVED, January 28, 1823.


Sec. 1. Be it enacted by the people of the state of Illinois represented in the general assembly, That alk

that tract of country, lying within the attached Boundaries of Ful. part of the county of Pike, to-wit: beginning at

the point where the fourth principal meridian intersects the Illinois river; thence up the middle of said river to where the line between ranges five and six east, strikes the said river; thence north with the said line, between ranges five and six east to the township line between townships nine and ten north; thence west with said line to the said fourth principal meridian line; thence south with said line to the place of beginning, shall constitute a separate county to be called Fulton; and that all the rest and residue of the attached part of the county of Pike, east of the fourth principal meridian shall be attached to and be a part of the said

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county of Fulton, until otherwise disposed of by
the general assembly.

Sec. 2. Be it further enacted, That for the pur-
pose of fixing the permanent seat of justice of the
said county, the following persons be, and they are
hereby appointed commissioners, to-wit: John Commissioners ap.
Totton, H. R. Colter, and Stephen Chase, who pointed to
shall meet at the house of David W. Barnes in said justice.

permanent seai o county, on or before the first day of April next; and after being duly sworn before soine judge, or justice of the peace of this state, faithfully and impartially to discharge the duties imposed upon them by this act, shall proceed to determine the permanent seat of justice for the said county, taking into consideration the convenience and accommodation of the people, the health and eligibility of the place, and the future population of the said county; and the place so fixed and determined upon by the said commissioners, shall be the permanent seat of justice for suid county: Provided, the proprietor or proprietors of the land

Donation of 20 a fixed and determined upon, will give to the county cres to be given such quantities of land for the use of the same, as the county, the commissioners shall think necessary; and the said commissioners shall certify their proceedings under their hands and seals, and return the same to the first commissioners' court to be held in anel for said county, which court shall cause an entry thereof to be made on their books of record.

Sec. 3. Be it further enacted, That on the secord Monday of April next, an election shall be held at the house of Ossian M. Ross in said county, at which time there shall be elected one sheriff, one County officers coroner, and three county commissioners, for said be elected on the

211 Monday of A county; which said election shall in all respects be

conducted agreeably to the provisions of the law
now in force, regulating elections: Provided, that
the qualified voters present may elect, from among
their number present, three qualified electors to
act as judges of said election, who shall appoint
two qualified voters to act as clerks.
Sec. 4. Be it further enacted, that it shall be the

15 days notic
duty of the clerk of the circuit court of said coun- the time and pla
ty, to give public notice in said county at least fif- of election
teen days previous to the election to be held on
the second Monday of April next; and in case
there shall be no clerk in said county, in such casc,


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it shall be the duty of the recorder to give notice
of the time and place of holding the said election.

Sec. 5. Be it further enacted, That the citizens of
Fulton county are hereby declared entitled in all
respects, to the same rights and privileges, as are al-
lowed in general to the other counties in this state:

Provided, however, that the said county shall, as a ounts to receive full compensation for their proportion of non-resihalf of the

dent land tax, receive one half of the sum allowed.
allowed to
ike in the same to the county of Pike, out of the treasury of this
anner that Pike state, in the same way as the county of Pike might

or could do, under the act, entitled, "an act amend-
ing an act entitled, an act providing for the valua-
tion of lands and other property and laying a tax
thereon,” approved February 15, 1821.

Sec. 6. Be it further enacted, That the said coun

ty of Fulton, shall vote in conjunction with Pike ulton county, to county in the election of a representative to the

te with Pike for general assembly, and in conjunction with Green epresentative and and Pike in the election of a senator; and further, ith Green & Pike the said county of Fulton shall be and form a part

of the first judicial circuit.

Sec. 7. Be it further enacted, That the said com

missioners shall receive as a compensation for 32 per day allow. their services, the sum of two dollars a day for each al commissioners. day by them necessarily spent in discharging the

duties imposed upon them by this act, to be allow-
ed by the commissioners' court, and paid out of the
county treasury.

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or senator.

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AN ACT to authorise Esecutors and Administrators

to sell real estate in certain cases.

APPROVED, January 28, 1823. Executors or ad. pinistiators discoering in testate es. Sec. 1. Be it enacted by the people of the state of ates to be insuffi- Minois, represented in the general assembly, That cient, pay


when nake up an ac.

any executor or administrator, whose testator ount and petition or intestate shall have died seized of any real eshe circuit coart. tate, shall discover or suspect, that the personal es

tate of such testator or intestate is insufficient to
pay his or her debts, such executor or adminis-
trator shall, as soon as conveniently may be, make
a just and true account of the said personal estate
and debts as far as he, she, or they can discover the

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same; and shall also make out a petition to the cire
cuit court of the county, in which administration
shall have been granted, stating therein what real
estate the said testator or intestate died seized of,
or so much thereof as will be necessary ta


his or her debts, and request the aid of said court in the premises: Provided however, that it shall be the duty of the said executor or administrator to give so daya notice of at least thirty days notice of the time and place of the time & place presenting said petition, by serving a written no- petition to liv give tice of the same, together with a copy of said ac- en. count and petition, on each of the heirs or devisees of said testator or intestate, or by publishing a notice in the nearest public news-paper for three weeks successively, commencing at least six weeks before the presenting of said petition, of the intention of presenting the same to the circuit court, for the sale of the whole or so much of the real estate 'of said testator or intestate as will be sufficient to pay his or her debts, and requesting all persons in. terested in said real estate to show cause why it should not be sold: And the said court shall, at the time and place specified in said notice, or at such time as the said court shall appoint, hear and examine the allegations and proofs of such executors or administrators, and of all such other persons interested in said estate as shall think or offer any; and if, upon due examination, the said circuit court shall find that the said personal estate of such testator or intestate is not sufficient Circuit court may to

рау. his or her debts, the said court shall order order a sale of the and direct the whole, if necessary, if not, then,

estate or any part:

thereof. from time to time, so much of the real estate of such testator or intestate, then remaining unsold, to be sold, as will be sufficient to pay his or her debts: and when a part only of the real estate is ordered to be sold, such order shall specify, as particularly as may be the part so ordered to be sold: Provided always, that where any houses and lots, or other real estate, are so situated, that a part thereof cannot be sold without manifest prejudice to the heirs or devisees, such court, at their discretion, may order the whole, or greater part thereof than is necessary to pay such debts, to be sold, Surplus after payand distribute the overplus money 'arising from ing, debts to be such sale, among the heirs and devisees, as the or deviseen the case may be

proper to make

such or

Sec. 2. Be it further enacted, That all sales of any such real estate, lying within any part of this state, to be made by order of any circuit court,

shall be made and conveyances executed for the Conveyatices to be same by the executors or administrators applying dade.

for such order, and the conveyances for the same shall set forth such order at large, and shall be valid and effectual against the heirs and devisees of such testator or intestate, and all claiming by, from or under them.

Sec. 3. Be it further enacted, That no lands and

tenements shall be sold by virtue of any Sales to be by pub der of the circuit court, unless such sale be at pubhic vendue.

lic vendue, and between the hours of ten in the morning and the setting of the sun of the same day; nor unless the time and place of holding such sale

shall have been previously advertised publicly for 6 weeks notice of the space of six weeks successively, by putting up sale to be inserted a written notice thereof, in at least three of the in a news paper.

most public places in the county where such real estate shall be sold; and also by causing a similar notice thereof to be published in a public newspaper printed in the county where such real estate shall be sold, if any such paper there be, if not, then in the nearest paper published in this state; nor unless such real estate shall be described with

common certainty in the said advertisement; and $500 fine for sell

if any executor or administrator, ordered as in coutrary to this foresaid to make sale of the real estate of any testa

tor or intestate, shall sell the same contrary to the provisions of this act, the said executor or administrator shall forfeit and pay the sum of five hundred dollars, to ve recovered in an action of debt, with costs of suit by any person who will sue for the same, which sum when recovered shall be for the use of the person so prosecuting for the same: Provided, that no such offence shall be deemed to

effect the validity of any sale; on which sale it Spears, credit may shall be lawful to give such length of credit, not be given.

exceeding two years, and to sell on such terms, as to such executor or administrator shall seem best calculated to promote the interest of the testators or intestates estate, and the payment of his or her debts.

Sec. 4. Be it further enacted, That where only a part of the real estate is ordered to be sold as ao foresaid, the monies arising therefrom shall be re



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