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; Myers v. Manny, 63 I 211; Blake v. People, 80 Ill, 11; Storey v. People, 79 Ill. 45; Armstrong. Cooper, 11 Ill. 540; Flagler v. Crow, 40 Ill. 415; Swift v. Allen, 55 Ill. 303; Knapp v. Marshall, 26 Ill. 63; Stevens v. Coffeen, 39 Il 148; McCormick v. Wheeler, 36 Ill. 115; McLain v. Van Winkle, 46 il 407; Frame v. Frame, 16 Ill. 155; Schneider v. Siebert, 50 Ill. 285; McDaniel v. Correll, 19 Ill. 226; Aldrich v. Sharp, 3 Scam. 264; Lawrence v. Lane, 4 Gilm. 362: Flowers v. Brown, 21 Ill. 273; Miller v. Markle, 27 Ill. 405; Bennett v. Matson, 41 lll. 333: Bruce v. Roney, 18 III. 67; Wangelin v. Gee, 50 Ill. 460; Clement v. Evans, 15 I. 92; Gilcreest v. Magill, 37 Ill. 300; Goodnough v. Sheppard, 28 Ill. 81; Lloyd v. Karnes, 45 Ill 63; Dunning v. Dunning, 37 Ill. 306; Ex parte Petrie, 38 Ill. 498; Petrie v. Petrie, 40 Ill. 334 Wightman v. Wightman, 45 Ill. 167; Crocker v. Lowenthal, 83 Ill. 579; Hoyt v. Pullman, 84 Ill. 20.

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; Pile v. McBratney, 15 Ill. 319.

44. Lien of money decree. § 44. A decree for money shall be a lien on the lands 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; White v. Haffaker, 27 Ill. 349; Wayman. Cochrane, 35 I. 155; Hunter v. Hatch, 45 lll. 178; Karnes v. Harper, 48 Ill. 530; Eames v. Germania Turn Verein, 84 Ill. 54.

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; Hickenbothem v. Blackledge, 54 Ill. 316; Means v. Means, 42 Ill. 51; Young v. Dowling, 15 Ill. 481; Ward v. Brewer, 19 Ill. 291; Foote v. Foote, 22 Ill. 429, Armstrong v. Armstrong, 35 Ill. 114; Keating v. Meating, 48 III. 242.

46. Execution of deeds-recording sale. $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 re

corded 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 similar 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; Blake v. People, 80 Ill. 13; Dinet v. Eigenmann, 80 Ill. 278; Armsby v. People, 20 Ill. 158; Grubb v. Crane, 4 Scam 156; Delahay v. MeConnell, 4 Scam. 157; Kelley v. Chapman, 13 Ill. 530; Farnsworth v. Strasler, 12 Ill. 482; Lavender v. Latimer, 15 Ill. 80; West v. Flemming, 18 Ill. 248; White v. Haffaker, 27 Ill. 349; Willhite v. Pearce, 47 Ill. 413; Dow v. Seeley, 29 111 495.

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; Cronan v. Frizell, 42 Ill. 319; Hedges v. Mace, 72 Ill. 473. 49. Creditor's bill. § 49. Whenever an execution shall have been issued against the property of a defendant, on a judgment at law or 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 any [*204] property or thing in action, belonging to the defendant, 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.

[R. S. 1845, P. 97, §§ 36, 37; White v. Russell, 79 Ill. 155; Burnham v Lamar Ins. Co.. 79 Ill. 160; First National Bank of Sioux City v. Gage, 79 Ill. 208; Gage v. Smith, 223; Moshier v. Meek, 80 Ill. 79; Lewis v. Lamphere, 79 III. 188; Walradt v

79

Brown, 1 Gilm. 397; Boies v. Henney, 32 Ill. 131; Choteau v. Jones, rt Ill. 318; Bay v. Cook, 31 Ill. 347; Mugge v. Ewing, 54 Ill. 236; Bridgeford v. Riddell, 55 III. 262; Farnsworth v. Strasler, 12 Ill. 482; Weightman v. Hatch, 17 Ill. 281; Newman v. Willets, 52 Ill. 99; Ballentine v. Beall, 3 Scam, 206; Steere v. Hoagland, 39 Ill. 264; Ishmael v. Parker, 13 Ill. 328; Greenway v. Thomas, 14 Ill. 271; Gretzler v. Saroni, 18 Ill. 518; Bigelow v. Andress, 31 Ill. 322; Jones v. Green, 1 Wall. (U. S.) 330; McDowell v. Cochran, 11 Ill. 31; Armstrong v. Cooper, 11 Ill. 560; Vansyckel v. Richardson, 13 Ill. 174 Horner v. Zimmerman, 45 Ill. 14; Hagan v. Walker, 14 How. (U.S.) 29; Bowen v. Parkhurst, 24 Ill. 259; Stone v. Manning, 2 Scam. 534; Miller v. Davidson, 3 Gilm. 518; McNabb v. Heald, 41 Ill. 326 ; McConnell v. Dickson, 43 Ill. 109; Heacock v Durand, 42 Ill. 230; Brown v. Niles, 16 Ill. 385; Hunt v. Blodgett, 17 Ill. 583; Letcher v. Morrison, 27 Ill, 209; Jamison v. Doe, 3 Scam 113; Rogers v. Brent, 5 Gilm. 573 Lockwood v. Mills, 39 Ill. 603; Lyon v. Robbins, 46 III. 277; Smith v. Lind, 29 Ill. 30; Alexander v. Tams, 13 Ill. 226; Ward v. Enders, 29 Ill. 519; Edmonds v. Hildreth, 16 II. 214: Manchester v. McKee, 4 Gilm. 576; Merry v. Bostwick, 13 Ill. 398; Nesbit v. Digby, 13 Ill. 387; Reed v. Noxon, 48 Ill. 323; Ewing v. Runkel, 20 Ill. 448; Brown v. Riley, 22 Ill. 52; Sacket v. Mansfield, 26 Ill. 21; Moore v. Hunter, 1 Gilm. 317; Scarrett v. Gorham, 28 II. 319; Brown v. Welch, 18 Ill. 346: Moshier v. Knox College, 32 I 156; De Wolf v. Pratt, 42 Ill. 200; May v. Jenkins, 15 I. 1o1; Forman v. Stickney, Ill. 575; Runals v. Harding, 83 Ill. 75; Philadelphia F. I. Co. v. Central N. B., Brad. 344; People v. Whitson, 84 III. 20.

I

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; Smith v. McConnell, 17 Ill. 139; Kennedy v. Northrup, 15 Ill. 152; Fire Ins. Co. v. Buckmaster, 13 Ill. 201; Stout v. Cook, 37 Ill. 283; Conway v. Cable, 37 Ill. 82; Morris v. Hogle, 37 Ill. 153; Fitts v. Davis, 42 Ill. 391: McFadden v Worthington, 45 Ill. 363; Christie v. Hale, 46 Ill. 117; Rucker v. Dooley, 49 Ill. 378; Nelson v. Rockwell, 14 Ill. 375; Shays v. Norton, 48 Ill. 105; Stout v. Cook, 41 Il. 447: Hickey v. Forrestall, 49 Ill. 256; Nelson v. National Bank, 48 11. 41; Rucker v. Dooley, 49 Ill. 378; Koch v. Hubbard, 85 Ill 533 Hardin v. Jones, 86 Ill. 313; Brooks v. Kearns, 86 Ill. 547; Phelps v. Harding, 87 Ill. 442.

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. 1845, p. 99. § 53.

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

[R. S.

Chapter 23.
CHARITIES.

GRANT, DEVISE, ETC., TO STATE | SECTION

FOR USE OF CHARITABLE IN- 31. Officers of board of trustees.
STITUTIONS.

[*205]

32.

SECTION

Treasurer and superintendent to give bond.

1. Effect of grant, devise, etc., to State, for use of any charitable institution. BOARD OF COMMISSIONERS OF PUBLIC CHARITIES.

When treasurer and superintendent
to report appropriations, when
payable.
Appropriations

for ordinary ex

4.

Further powers.

penses.

38.

5. Duties-annual report.

6. To visit places where insane are kept, 39.

and report.

7. State aid-report upon.

8. Oath-examination of witnesses.

9. Clerk - his duties, salary and ex

When special appropriations to be

40.

13 No compensation — traveling ex

penses.

14. Not to be interested in contract

eligibility.

15. Removal of trustees, etc.

16. Residence of trustees, etc., ex officio 48.

member.

17. Repeal.

18. When act in force.

49.

50.

CHARITABLE INSTITUTIONS AND 51.
REFORM SCHOOL,

19. Named and continued.

20.

22.

Powers of trustees

21. Object of hospital for the insane, Object of the institutions for deaf and dumb, the blind and feeble-minded. 23. Object of the Soldiers' Orphans' Home.

24. Object of the Eye and Ear Infirmary. Board of trustees.

25.

26.

27.

Removal of trustees - vacancies.
Trustees to take oath.

28. Powers of trustees.

29. Compensation of trustees.

Who admitted, and upon what terms- voluntary payments.

When clothing and transportation

furnished at the expense of county. Reports of trustees. Printing reports

Commissioners of public charities powers to extend.

Superintendent of public instruction
to visit certain institutions.
Repealing clause.

Admission of patients to Eye and Ear
Infirmary.

ADMISSION OF PATIENTS INTO
THE HOSPITALS FOR THE IN-
SANE

See sections 52-60.

INDUSTRIAL HOME FOR THE
BLIND.

See sections 61-72.

CENTRAL HOSPITAL FOR THE
INSANE.

73. Power to sell and convey land.

30. Powers and duty of superintendent. 74. Appraisers.

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

TABLE INSTITUTIONS.

AN ACT relative to property conveyed, devised or bequeathed to the State in trust for charitable purposes. [Approved March 23, 1874. In force July 1, 1874. L. 1869, p. 63.]

1. Effect of deed, devise, etc., to State. SEC. 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 institution 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 and in force April 9, 1869. L. 1869, p. 63.]

2. Appointment-term of office- vacancy. SEC. 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 apppint 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 [*206] 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 expedient.

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