rights of the parties; and in case of continuance, may require another bond to be given to further secure the same. [R. S. 1845, p. 257, § 6; L. 1871-2, p. 459, § 15.

20. PLAINTIFF'S APPEAL BOND.] § 20. If the plaintiff appeals, the condition of the bond shall be as in other cases of appeal, when taken by the plaintiff. 21. REPEAL.] § 21. Chapter 43 of the Revised Statutes of 1845, entitled "Forcible Entry and Detainer," and an act entitled "An act in regard to forcible entry and detainer," approved April 10, 1872, and all other acts and parts of acts inconsistent with the provisions of this act, are hereby repealed, except as herein re-enacted: Provided, that this section shall not be so construed as to affect any rights existing or actions pending at the time this act shall take effect.

22. EMERGENCY.] § 22. Whereas, there is great uncertainty as to some of the provisions of the law relating to cases of forcible entry and detainer, therefore an emergency is declared to exist, and this act shall take effect and be in force from and after its passage.

CHAPTER 58.

FOUNDLINGS.

SECTION.

1. Child under one year abandoned-control of institution.

SECTION

2. Leaving with institution an abandonment.
3. When abandonment of mother within the act.

AN ACT for the protection of foundlings. [Approved March 7, 1872. In force July 1, 1872.]

1. EFFECT OF ABANDONMENT.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That hereafter when any child in this state, under the age of one year, shall be willfully abandoned by its parents, and shall be taken and cared for by any charitable institution in this state, incorporated or otherwise, such parents so abandoning said child shall thenceforth lose all their right, control and authority over said child, and said right, control and authority shall thereupon become vested in said institution.

2. LEAVING WITH INSTITUTION ABANDONMENT.] § 2. It shall be deemed a willful abandonment, for the purposes of this act, if any such child be left by its parents at any such charitable institution.

3. WHEN ABANDONMENT BY MOTHER WITHIN THE ACT.] § 3. In the case of illegitimate children, or where the father of any legitimate child shall have willfully deserted his family for the space of one year, an abandonment by the mother of any such child shall be deemed an abandonment by its parents, according to the provisions of this act.

AN ACT to revise the law in relation to frauds and perjuries. [Approved Feb. 16, 1874. In force July 1, 1874.]

1. WRITING-HOW SIGNED.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That no action shall be brought, whereby to charge any executor or administrator upon any special promise to answer any debt or damages out of his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default or miscarriage of another person, or to charge any person upon any agreement made upon consideration of marriage, or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the promise or agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized. [R. S. 1845, p. 258, § 1.

2. LAND-WRITING-HOW SIGNED.] § 2. No action shall be brought to charge any person upon any contract for the sale of lands, tenements or hereditaments or any interest in or concerning them, for a longer term than one year, unless such contract or some memorandum or note thereof shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized in writing, signed by such party. This section shall not apply to sales upon execution or by any officer or person pursuant to a decree or order of any court of record in this state. [R. S. 1845, p. 258, § 1; L. 1869, p. 363, § 1.

3. CONSIDERATION-PROOF.] § 3. The consideration of any such promise or agreement need not be set forth or expressed in the writing, but may be proved or disproved by parol or other legal evidence.

4. FRAUDULENT CONVEYANCES, ETC.] § 4. Every gift, grant, conveyance, assignment or transfer of, or charge upon any estate, real or personal, or right or thing in action, or any rent or profit thereof, made with the intent to disturb, delay, hinder or defraud creditors or other persons, and every bond or other evidence of debt given, suit commenced, decree or judgment suffered, with like intent, shall be void as against such creditors, purchasers and other persons. [R. S. 1845, p. 258, § 2.

5. INNOCENT PURCHASER.] § 5. The foregoing section shall not affect the title of a purchaser for a valuable consideration, unless it appear that he had no

tice of the fraudulent intent of his immediate grantor, or of the fraud rendering void the title of such grantor.

6. CONVEYANCE OF PERSONALTY, WHEN FRAUDULENT.] § 6. Every conveyance of goods and chattels on consideration not deemed valuable in law shall be taken to be fraudulent, unless the same be by will duly proved and recorded, or by deed in writing duly acknowledged or proved, and recorded as in the case of deeds of real estate, or unless possession shall really and bona fide remain with the donee. [R. S. 1845, p. 258, § 2.

7. LOAN, RESERVATION, ETC., OF PERSONALTY, WHEN FRAUDULENT.] § 7. Where any loan of goods and chattels shall be pretended to have been made to any person with whom, or those claiming under him, possession shall have remained for the space of five years, without demand made and pursued by due process at law, on the part of the pretended lender, or where any reservation or limitation shall be pretended to have been made of an use or property by way of condition, reservation, remainder or otherwise, in goods or chattels, the possession whereof shall have remained in another as aforesaid, the same shall be taken, as to creditors and purchasers of the person aforesaid so remaining in possession, to be fraudulent, and that the absolute property is with the possession, unless such loan, reservation or limitation of use or property were declared by will or deed in writing, proved and recorded as aforesaid. [R. S. 1845, p. 258, § 2.

BONA FIDE SALES.] § 8. This act shall not extend to any estate or interest in any lands, goods or chattels, or any rents, common or profit, out of the same, which shall be upon good consideration, and bona fide lawfully conveyed or assured to any person, bodies politic or corporate. [R. S. 1845, p. 259, § 3.

9. TRUSTS, ETC., TO BE IN WRITING-RESULTING TRUSTS.] § 9. All declarations or creations of trusts or confidences of any lands, tenements or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing; or else they shall be utterly void and of no effect: Provided, that resulting trust or trusts created by construction, implication or operation of law, need not be in writing, and the same may be proved by parol. [R. S. 1845, p. 259, § 4.

10. WILLS, ETC., AGAINST WHOM FRAUDULENT.] § 10. All wills and testaments, limitations, dispositions or appointments of, or concerning any lands and tenements, or of any rent, profit, term or charge, out of the same, whereof any person, at the time of his decease, shall be seized in fee simple, in possession, in reversion, or remainder, or have power to dispose of the same by his last will or testament, shall be deemed and taken (only as against the person, his heirs, successors, executors, administrators or assigns, and every of them, whose debts, suits, demands, estates and interests, by such will, testament, limitation, disposition or appointment as aforesaid, shall, or might be in any wise disturbed, hindered, delayed or defrauded,) to be fraudulent, void and of no effect, any pretense, color, feigned or presumed consideration, or any other matter or thing, to be contrary notwithstanding. [R. S. 1845, p. 259, § 5.

11. LIABILITIES OF REPRESENTATIVES AND HEIRS.] § 11. Any person, his heirs, devisees, executors, administrators, successors or assigns, and every of them, who shall or may have any debts, suits or demands against any person, who shall make any fraudulent devise as aforesaid, or who have any debts, suits or demands against any person who shall die intestate, and have real estate to his heirs, to descend according to the laws of this state, may have and maintain the same actions which lie against executors and administrators upon his bonds, specialties, contracts and agreements against the executors or administrators and the heirs, or against the executors or administrators and the devisees, or may join the executors or administrators, the heir or heirs, and the devisees of such obligor, and shall not be delayed for the non-age of any of the parties. [R. S. 1845, p. 259, § 6.

12. HEIR OR DEVISEE LIABLE.] § 12. When any lands, tenements or hereditaments, or any rents or profits out of the same, shall descend to any heir, or be devised to any devisee, and the personal estate of the ancestor of such heir or devisor of such devisee shall be insufficient to discharge the just demands against such ancestor or devisor's estate, such heir or devisee shall be liable to the creditor of their ancestor or devisor to the full amount of the lands, tenements or hereditaments, or rents and profits out of the same, as may descend or be devised to the said heir or devisee; and in all cases where any heir or devisee shall be liable to pay the debts of his executor or devisor, in regard of any lands, tenements or hereditaments, or any rent or profit arising out of the same, descending or being devised to him, and shall sell, alien or make over the same before any action brought, or process sued out against him, such heir at law or devisee shall be auswerable for such debts to the value of the said lands, tenements and hereditaments, rents or profits so by him aliened or made over; and executions may be taken out upon any judgment so obtained against such heir or devisee, to the value of the said lands, tenements and hereditaments, rents and profits, out of the same, as if the same were his own proper debts, saving and excepting that the lands and tenements, rents and profits, by him bona fide aliened, before the action brought, shall not be liable to such execution. [R. S. 1845, p. 260, § 8.

13. RIENS PER DESCENT.] § 13. When any action or suit is brought against any heir or devisee, he may plead riens per descent, at the time of the commencement of the action or suit, and the plaintiff in such action may reply that he had lands, tenements or hereditaments, or rents or profits out of the same, from his ancestor or devisor before the commencement of the action or suit, and if, upon issue joined thereupon, it be found for the plaintiff, the jury shall inquire of the value of the lands, tenements, hereditaments, or rents and profits out of the same, so descended or devised, and thereupon judgment shall be given and execution awarded as aforesaid; but if judgment be given against such heir or devisee, by confessing of the action without confessing the assets descended or devised, or upon demurrer, or nihil dicit, or default, said judgment shall be given for the plaintiff, without any writ to inquire of the lands, tenements or hereditaments, or rents and profits out of the same, so descended or devised. [R. S. 1845, p. 260, § 9.

14. LIABILITY OF HEIRS.] § 14. In all cases where a judgment has been obtained against the executor or administrator of a deceased person, on a contract or undertaking on which a joint action might have been maintained against the executor or administrator, and the heir or devisee of the deceased person, if it shall appear by a judgment of record or the return of a proper officer that there is not property of the deceased person in the hands of the executor or administrator to satisfy such judgment, it shall be lawful to bring a separate suit or action against the heir or devisee on such contract or undertaking; and the judg ment against the executor or administrator, if not satisfied, shall be no bar to the suit or action against the heir or devisee. [R. S. 1845, p. 260, § 10.

15. FAILURE TO ADMINISTER WITHIN ONE YEAR.] § 15. If no person shall administer on the goods and chattels of a deceased person for the space of one year after his death, a separate suit or action may be maintained against the heirs or devisees, on all the contracts and undertakings of such deceased person. [R. S. 1845, p. 261, § 11.

16. DECLARATION.] § 16. In all actions or suits commenced under the provisions of the preceding sections, the facts authorizing the suit to be brought separately against the heirs or devisees shall be distinctly set forth in the declaration. [R. S. 1845, p. 261, § 12.

17. GUARDIAN AD LITEM.] § 17. When any suit or action in law or equity shall be brought against any heir or devisee, who shall be of non-age, it shall be lawful for the court to appoint a guardian ad litem for such infant heir or devisee, and may compel the person so appointed to act: Provided, that by such appointment such person shall not be rendered liable to pay any costs of suit. [R. S. 1845, p. 260, § 7.