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ceived by the executors or administrators, apply
If the estate does
not yield a suffici
to pay the
among the credi
ing for such order, and shall be considered as as- Proceeds of sales sets in their hands for the payment of debts: but made assets. where the whole real estate is ordered to be sold, the monies arising therefrom shall be brought into court; and if the same, after deducting all charges and expenses, shall not be sufficient to pay all the debts of the testator or intestate, the court, after ency deducting as aforesaid, shall cause the same to be debts the circuit divided among the creditors in proportion to their court to divide it respective debts, without giving any preference to tors. bonds or other specialties: Provided always, that before said court shall make any such distribution, they shall cause such notice to all the creditors to be given, as under the circumstances of each case may be deemed proper: And provided also, that no part of the real estate of any testator or intestate, shall be ordered to be sold as aforesaid, unless the executors or administrators shall have duly made and filed an inventory of the goods, chattels, and credits of such testator or intestate, with the judge of probates; nor unless the executors or administrators shall have applied the personal estate, or such part thereof as shall have come to their hands, towards the payment of the debts of the said testator or intestate: And provided also, that nothing herein contained shall be construed to prevent any Ex'rs. or Adm'rs. person from bringing or maintaining any suit or acmay be sued for tion against any executor or administrator, for, or waste. in respect of, the personal estate of his or her testator or intestate, or for, or in respect of, any waste or misapplication thereof, by such executor or administrator.
Sec. 5. Be it further enacted, That in all cases where a petition shall be presented by any executor or administrator for the sale of the whole or any part of the real estate of their testator or intestate, and one or more of the devisees or heirs of such testator or intestate shall be infants, the circuit court to whom the same may be presented,
An inventory of the estate to be fil ed with the judge
shall appoint some discreet and substantial house- Court may appoint holder, a guardian of such infant or infants, for the guardians to infants sole purpose of appearing for, and taking care of
the interests of such infants in the proceedings therein.
Sec. 6. Be it further enacted, That any person claiming to be aggrieved by any sentence, decree,
the supreme court
Appeal allowed to or order of said circuit court, made in pursue ance of this act, may appeal from the same to the supreme court of this state: Provided, such appeal be entered during the term in which such sentence, decree, or order appealed from, shall be made.
Sec. 7. Be it further enacted, That in all cases where any testator or intestate, dies seized of any certificate or certificates to lands not cleared out of the office, and the estate of such deceased is not able to patent the same; it shall, and may be Lands not cleared lawful for the administrator, executor, or legal representatives of such deceased, to sell or dispose of such certificate or certificates in, such manner, as they may deem most advantageous to the heirs of such deceased person.
out of the office may be sold.
Act of 2d of Feb. 1821, repealed.
Receiver or Register's certificate made evidence in
courts of justice
Sec. 8. Be it further enacted, That so much of the act entitled, an act for the sale of the real estate of minors in certain cases. approved February 2, 1821," as authorises the sale of real estate for the payment of the debts of any testator or intestate, be and the same is hereby repealed: Provided however, that all proceedings begun under said act, may proceed and be determined in the same manner, and be equally effectual, as if the part of said act, above referred to, had not been repealed. This act to take effect and be in force from and after its passage.
AN ACT relating to evidence in Courts of Justice,
APPROVED, January 28, 1823.
Sec. 1. Be it enacted by the people of the state of Illinois represented in the general assembly, That the official certificate of any register or receiver of any land-office of the United States, or either of them, to any fact, or matter on record in his or their office or offices, shall be received in evidence in any court of record in this state, and shall be competent evidence to prove the fact so certified. And the certificate of any such register of the entry or purchase of any tract of land within his district, shall be deemed and taken to be evidence of title in the party who made such entry, or purchase, or his assignee, or legal representative, and shall
enable such party, his assignee, or legal represen tative, to recover the possession of the land described in such certificate, in an action of ejectment, or forcible entry and detainer, unless a better legal and more paramount title be exhibited for
Sec. 2. Be it further enacted, That in all pub
lic offices and corporations where entrys and re- Certified copies of cords are made of their acts, votes and proceed- records of corpo ings, by some officer appointed for that purpose, dence. a copy thereof certified under the hand of such officer, and the seal of such office or corporation, (if there be any) shall be legal evidence; and if any such officer shall knowingly, make a false certificate, he shall be punishable in the same manner as if guilty of perjury.
Sec. 3. Be it further enacted, That an exemExemplifications plification by the secretary of this state, of the of the laws of other laws of the other states, which have been, or shall states made evi hereafter be transmitted, by order of the executives or legislatures of such other states, to the governor of this state, and by him deposited in the office of said secretary, shall be admissible in evidence in any court in this state.
Sec. 4. Be it further enacted, That the publie statutes of the several states of the United States, printed by authority thereof, shall be legal evidence, and the courts shall take notice of them judicially.
Sec. 5. Be it further enacted, That the record of any conveyance relating to any lands or tenements within this state, and acknowledged or proven according to law, and which has been or shall be recorded, in the office of the recorder of the proper county in which the lands or tenements were or shall be situated, at the time of the execution of any conveyance for the same, or a copy of such record, certified by any such recorder, shall be evidence in any court of law or equity, in the same manner as the original conveyance would be, if produced and proven.
Records of any conveyance or R
copy of such res cord madeevidence
AN ACT for the Relief of William D. Noble
APPROVED, January 30, 1823.
Sec. 1. Be it enacted by the people of the state of Illinois represented in the general assembly, That the sheriff of St. Clair county be, and he is hereby authorised and required to release and discharge William D. Noble now confined in the jail of said county for the crime of forgery, and to set the said Noble at liberty.
AN ACT to divorce Samuel Atherton, senior, from the bands of matrimony.
APPROVED, January 30, 1823.
Sec. 1. Be it enacted by the people of the state of Illinois represented in the general assembly, That the bands of matrimony existing between Samuel Atherton, senior, and Nancy Atherton, be and the same are hereby dissolved.
AN ACT extending the privileges of an act therein recited to Charles Slade.
APPROVED, January 31, 1825.
Sec. 1. Be it enacted by the people of the state of Illinois represented in the general assembly, That the privileges granted to Thomas F. Herbert and Charles Slade, by an act entitled, “An act to authorise Thomas F. Herbert and Charles Slade to erect a mill-dam upon and across the Kaskaskia river,' approved March 23, 1819, be and they are hereby extended to Charles or his legal représentatives; provided, he or they avail themselves of its provisions, within four years from the passage of this
AN ACT to divorce Patsey Johnson from the bands of matrimony.
APPROVED, January 31, 1823.
Sec. 1. Be it enacted by the people of the state of Illinois represented in the general assembly, That Patsey Johnson, late of Johnson county, and now of White county, be, and she is hereby divorced Patsey Johnson from the bands of matrimony with Obediah Johnson, her husband.
Sec. 2. Be it further enacted, That the said Patsey, is hereby authorised and required to take charge and exclusive control of the children of her the said Patsey.
AN ACT for the relief of the Sheriff of Fayette county
APPROVED, January 31, 1823.
WHEREAS no compensation is allowed by law to the sheriff of Fayette county for furnishing wood and fires, and attending on the supreme court of the state of Illinois; Therefore,
Sec. 1. Be it enacted by the people of the state of
Illinois represented in the general assembly, That Sheriff allowed $3 the sheriff of Fayette county, be, and he is hereby per day for attend allowed the sum of three dollars per day for each ing the courts of day that he may be employed in attending on said justice. court, the same to be paid out of the state treas
certificate of his
Sec. 2. Be it further enacted, That the clerk of the supreme court, be, and he is hereby required, at the end of every such term of the supreme court, to certify under his hand and seal the num- Clerk of the su ber of days the said court was in session, to the preme court to auditor of public accounts, whose duty it shall be give the sheriff a to issue his warrant on the treasurer for the amount attendance. so certified by the clerk, as aforesaid; and the treasurer is required to pay the same out of any money in the treasury not otherwise appropriated. This act to embrace services heretofore rendered as well as services to be rendered,