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 prescribed in the second section of this act, except that the certificate of the clerk shall be presented to paid out of the the county Treasurer, who shall pay to the person in whose favor such certificate is 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. Premiums to be county treasury. Audt. of the state Sec. 4. Be it further enacted, That the Auditor of the state, when he issues his warrant, and the and county Treas-County Treasurer, when he pays any premium, urer to file the cer- shall receive and place on file in their respective offices, all certificates from any clerk of the county commissioners' court, which may be presented to either of them, in pursuance of the provisions of this act. tificates. ton. AN ACT forming a new County out of the attached 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 all 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 County of Fulton, until otherwise disposed of by the general assembly. fix a permanent seat of Sec. 2. Be it further enacted, That for the purpose 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 apTotton, H. R. Colter, and Stephen Chase, who pointed to shall meet at the house of David W. Barnes in said justice. county, on or before the first day of April next; and after being duly sworn before some 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 said county: Provi ded, the proprietor or proprietors of the land so Donation of 20 afixed and determined upon, will give to the county cres to be given to 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 and 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 second 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 coroner, and three county commissioners, for said 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 duty of the clerk of the circuit court of said county, to give public notice in said county at least fifteen 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 case, M County officers to be elected on the 24 Monday of April. 15 days notic the time and plac of election. County to receive One half of the sum allowed to Pike in the same manner that Pike receives. Fulton county to vote with Pike for representative and with Green & Pike for senator. ed commissioners. 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 allowed in general to the other counties in this state: Provided, however, that the said county shall, as a full compensation for their proportion of non-resident land tax, receive one half of the sum allowed. to the county of Pike, out of the treasury of this state, in the same way as the county of Pike might or could do, under the act, entitled, "an act amending an act entitled, an act providing for the valuation of lands and other property and laying a tax thereon," approved February 15, 1821. Sec. 6. Be it further enacted, That the said county of Fulton, shall vote in conjunction with Pike county in the election of a representative to the general assembly, and in conjunction with Green and Pike in the election of a senator; and further, 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 commissioners shall receive as a compensation for $2 per day allow their services, the sum of two dollars a day for each day by them necessarily spent in discharging the duties imposed upon them by this act, to be allowed by the commissioners' court, and paid out of the county treasury. AN ACT to authorise Executors and Administrators APPROVED, January 28, 1825. Sec. 1. Be it enacted by the people of the state of Illinois, represented in the general assembly, That when any executor or administrator, whose testator or intestate shall have died seized of any real es tate, shall discover or suspect, that the personal estate 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 50 days notice of the time & place of presenting the petition to be giv en. 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 to pay 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 at least thirty days notice of the time and place of presenting said petition, by serving a written notice of the same, together with a copy of said account 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 interested 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 proper to make 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 to pay his or her debts, the said court shall order and direct the whole, if necessary, if not, then, 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 paid to the heirs ing debts to be such sale, among the heirs and devisees, as the or devisees. the case may be. Circuit court may order a sale of the estate or any part thereof. 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 Conveyances to be same by the executors or administrators applying. 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. made. Sec. 3. Be it further enacted, That no lands and tenements shall be sold by virtue of any such orSales to be by pub der of the circuit court, unless such sale be at pub lic vendue. 6 weeks notice of sale to be inserted in a news paper. 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 the space of six weeks successively, by putting up a written notice thereof, in at least three of the 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 if executor or administrator, ordered as foresaid to make sale of the real estate of any testator 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 be 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 years credit may shall be lawful to give such length of credit, not $500 fine for sell g contrary to this be given. any a 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 aforesaid, the monies arising therefrom shall be re |