eral acts creating such boards; and such boulevard or pleasure-way shall be under the control and management of such park commissioners, the same as other public grounds by them established.

39. REPORT OF COMMISSIONERS.] § 13. The said park commissioners shall annually, on or before the fifteenth day of March of each year, make a report to the board of auditors of their respective towns, and to the legislative body of the town or city in which said parks are located; and shall particularly set forth, in such report, the amount of money by them received from all sources during the preceding year, and how the same has been expended.

40. COMMISSIONER NOT TO BE INTERESTED-NO COMPENSATION.] § 14. No member of such board of park commissioners shall be directly or indirectly interested in the purchase or sale of any park lands, or in any contract for the im provement of any park, or shall receive any compensation for personal services, except, and only such as provided by the act creating such board of park commissioners; and for a violation of this section the commissioner offending shall forfeit his office, and the vacancy shall be filled in same manner as other vacancies.

41. REPEAL.] § 15. Be it further enacted, That an act entitled "An act to enable corporate authorities of towns to levy a tax to improve public parks and boulevards, and to provide for the extension of boulevards, and regulating the duties of park commissioners, and limiting the period within which they may be paid salaries," approved June 16, 1871, be and the same is hereby repealed: Provided, that any tax levied under such act shall not be impaired by such repeal, but the same shall be and remain in full force and effect, as to such tax.

AN ACT to revise the law in relation to the partition of real estate. [Approved February 9, 1874. In force

July 1, 1874.]

1. BY BILL OR PETITION.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That when land, tenements or her editaments are held in joint tenancy, tenancy incommon or co-parcenary, whether such right or title is derived by purchase, devise or descent, or whether any or all of the claimants are minors or of full age, any one or more of the persons interested therein may compel a partition thereof by bill in chancery as heretofore, or by petition in the circuit court of the proper county, or if the proceeding is in the county of Cook, in the circuit court or superior court of said county. [R. S. 1845, p. 399, § 1.

2. VENUE.] § 2. The petition may be filed in the county where the premises, or some part thereof, is situated. [R. S. 1845, p. 399, § 1.

3. INFANTS, ETC., AS PETITIONERS.] § 3. Infants may petition by guardian, or next friend, and other persons under guardianship by their conservators. [R. S. 1845, p. 399, § 1.

4. INFANTS, ETC., AS DEFENDANTS.] § 4. When an infant or person under guardianship is a defendant, he may appear by his guardian or conservator, or the court may appoint a guardian ad litem for such person, and compel the person so appointed to act. [R. S. 1845, p. 400, § 6.

5. FORM OF PETITION.] § 5. The petition shall particularly describe the premises sought to be divided, and shall set forth the interests of all parties interested therein, so far as the same are known to the petitioners, including tenants for years, for life, by curtesy or in dower, and of all persons entitled to the reversion, remainder or inheritance, and of every person who, upon any contingency, may be or become entitled to any beneficiary interest in the premises, so far as the same are known to the petitioners, and shall pray for the division and

partition of the premises according to the respective rights of the parties interested therein, or that if a division and partition of the same cannot be made without manifest prejudice to the owners, a sale thereof shall be made, and the proceeds divided according to the respective rights of the parties, and such petition shall be verified by affidavit. [R. S. 1845, p. 400, § 2; p. 399, § 1.

6. WHO DEFENDANT.] § 6. Every person having any interest, whether in possession or otherwise, and who is not a petitioner, shall be made a defendant to such petition. [R. S. 1845, p. 400, § 3.

7. UNKNOWN OWNERS-CONTINGENT INTERESTS, ETC.] § 7. When there are any persons interested in the premises whose names are unknown, or the share or quantity of interest of any of the parties is unknown to the petitioner, or where such share or interest shall be uncertain or contingent, or the ownership of the inheritance shall depend upon an executory devise, or the remainder shall be con tingent, so that such parties cannot be named, the same shall be so stated in the petition. [R. S. 1845, p. 400, § 4.

8. UNKNOWN OWNERS-HOW DESCRIBED.] §8. All persons interested in the premises of which partition is sought to be made according to the provisions of this chapter, whose names are unknown, may be made parties to such petition by the name and description of unknown owners of the premises, or as the unknown heirs of any person who may have been interested in the same. [R. S. 1845, p. 400, § 5.

9. SERVICE.] § 9. The defendants to any such petition shall be summoned in the same manner as defendants in suits in chancery. [See "Chancery," ch. 22, § 11. R. S. 1845, p. 400, § 6.

10. NOTICE TO UNKNOWN OWNERS.] $10. Unknown owners, or parties in interest, of the premises, and the unknown heirs of any such persons, may be notified by advertisement as in cases in chancery. [See "Chancery," ch. 22, § 7. R. S. 1845, p. 400, § 6.

11. NOTICE BY PUBLICATION AND MAIL.] § 11. When it shall appear by affidavit filed, as in cases in chancery, that any defendant resides or has gone out of this state, or upon due inquiry cannot be found, or is concealed within this state so that process cannot be served on him, and the affiant shall state the place of residence of such defendant, if known, or that upon diligent inquiry his place of residence cannot be ascertained, he may be notified in the same manner as in such case in chancery. [See "Chancery," ch. 22, § 12, 13. R. S. 1845, p. 400, § 6.

12. SERVICE BY COPY.] § 12. Non-resident defendants may be served by a copy of the petition in the same manner that such defendants in chancery may be served by a copy of the bill of complaint, and the service thereof may be proved as in such case provided. [See "Chancery," ch. 22, § 14. R. S. 1845, p. 400, § 6.

13. ANSWER UNDER OATH.] § 13. The petioner may in his petition require the defendants or any of them to answer his petition on oath, in which case the answer shall have the same effect as an answer in chancery under oath.

14. INTERPLEADER.] § 14. During the pendency of any such suit any person claiming to be interested in the premises to be assigned or aparted may ap pear and answer the petition, and assert his or her rights, by way of interpleader; and the court shall decide upon the rights of all persons appearing as aforesaid, as though they had been made parties in the first instance. [R. S. 1845, p. 400, $ 7.

15. JUDGMENT.] § 15. The court shall ascertain and declare the rights, titles and interest of all the parties to such suit, the petitioners as well as the defend ants, and shall give judgment according to the rights of the parties. [R. S. 1845, p. 400, § 8.

16. APPOINTMENT OF COMMISSIONERS.] § 16. The court, when it shall order a partition of any premises to be made, under the provisions of this act,

shall appoint three commissioners, not connected with any of the parties, either by consanguinity or affinity, and entirely disinterested, to make partition of the premises. [R. S. 1845, p. 400, § 9.

17. OATH OF COMMISSIONERS.] § 17. Such commissioners shall each take and subscribe an oath or affirmation fairly and impartially to make partition of the premises, according to the rights and interests of the parties, as declared by the judgment of the court, if the same can be done consistently with the interests of the parties, or if the same cannot be so divided without manifest prejudice to the parties in interest, that they will fairly and impartially appraise the value of each piece or parcel of the premises sought to be divided, and a true report make to the court. [R. S. 1845, p. 400, § 9; L. 1869, p. 368, § 1.

18. DUTY OF COMMISSIONERS.] § 18. The commissioners shall go upon the premises, and if the same are susceptible of division they shall make partition thereof, allotting the several shares to the respective parties, quality and quantity relatively considered, according to their respective rights and interests as adjudged by the court. designating the respective shares by metes and bounds, or other proper description, and they may employ a surveyor with necessary assist ants to aid therein; and if the premises are not susceptible of division without manifest prejudice to the parties in interest, they shall value each piece or parcel separately. [See "Plats," ch. 109, § 11, 13. R. S. 1845, p. 400, § 9.

19. REPORT OF COMMISSIONERS.] § 19. The commissioners shall make report, in writing, signed by at least two of them, showing what they have done, and if they shall have made a division, describing the premises divided and the shares of each party by metes and bounds or other proper description; or if they find that the lands cannot be divided, they shall so report, and shall report their valuation of each piece or tract separately. [R. S. 1845, p. 400, § 9; L. 1869, p. 475, § 2.

20. CONTROL AND REMOVAL OF COMMISSIONERS.] § 20. The commissioners shall, at all times, be subject to the direction of the court; and any one or more of them may, before the final confirmation of the report, be removed, and others appointed in their stead. [Fees of Commissioners: see "Fees and Salaries," ch. 53, § 30.

21. WHEN LAND IN SEVERAL COUNTIES.] § 21. If the lands lie in different counties, the court may appoint separate sets of commissioners for each county, or one set for all of them, as may seem most for the benefit of the parties interested.

22. DOWER-HOMESTEAD.] § 22. If dower has not been allowed to the person entitled thereto, or the homestead set off, in case any party to the suit is entitled to an estate of homestead in the premises, or any part thereof, such dower may be alloted and such homestead set off by the commissioners; and if the court shall so direct, the premises so allotted or set off may be partitioned among the claimants, subject thereto.

23. SHARES TOGETHER OR IN SEVERALTY.] § 23. Several parties interested in the premises may, if they shall so elect, have their shares set off together or in severalty.

24. LIENS, HOW AFFECTED.] § 24. A person having a mortgage, attachment, or other lien on the share of a part owner, shall be concluded by the judg ment in partition, so far as it respects the partition and the assignment of the shares, but his lien shall remain in full force upon the part assigned to or left for such part owner.

25. WHEN NEW PARTITION MAY BE HAD.] § 25. If a person to whom any share has been allotted is evicted by a person who, at the time of the partition, had a title older and better than the title of those who were parties to the suit, the person so evicted may have a new partition of the residue as if no partition had been made, if such new partition can be justly made, or he may have contribution from the others, so as to make his share just and equal with the others, according to his rights in the premises.

26. WHEN PREMISES MAY BE SOLD.] § 26. When the whole or any of the premises sought to be partitioned cannot be divided without manifest prejudice to the owners thereof, and the commissioners appointed to devide the same shall so report, the court shall order the premises so not being susceptible of division to be sold at public vendue, upon such terms and notice of sale as the court shall direct. [R. S. 1845, p. 401, § 11.

27. WHEN PREMISES WILL NOT BRING VALUATION.] § 27. But no piece or parcel of the premises shall be sold, if it will not bring at least two-thirds as much as it shall have been valued by the commissioners, unless the other pieces will, at the same time, sell for enough to make the total amount of the sales equal to twothirds the total amount of the valuation of all premises to be sold: Provided, that if it shall appear to the court that any of the premises will not sell for two-thirds the amount of the valuation thereof, the court may appoint other commissioners to re-value such premises, and their valuation shall be taken instead of the valu tion of the commissioners first appointed. [L. 1869, p. 368, § 2.

28. TERMS OF SALE.] § 28. The court may direct the sale to be made for cash or on such credit as may be deemed most for the interest of all the parties. 29. REPORT OF SALE.] 29. The master, special commissioner or other officer making such sale shall report his doings in the matter. [R. S. 1845, p. 401, § 11.

30. CONVEYANCES AND THEIR EFFECT.] § 30. Upon the confirmation of the report the master, special commissioner or other officer making the sale, or some person specially appointed thereto, shall execute and deliver to the purchaser or purchasers of the premises sold, proper conveyances thereof, taking, in case of sale on credit, security as required by the decree; which conveyances shall operate as an effectual bar against all parties and privies to said proceedings and all per sons claiming under them. [R. S. 1845, p. 401, § 11.

31. DIVISION OF PROCEEDS.] § 31. The proceeds of the sale shall be divided according to the interests of the parties as directed by the court. [R. S. 1845, p. 401, § 11.

32. SALE OF DOWER AND OTHER INTERESTS.] § 32. In case of sale the court may, with the assent of the person entitled to an estate in dower, or by the curtesy, or for life, or for years, or of homestead, to the whole or any part of the premises, who is a party to the suit, sell such estate with the rest. But such assent shall be in writing, and signed by such person, and filed in the court wherein the said proceedings for partition are pending. [L. 1867, p. 156, § 1.

33. WHEN PERSONS INCAPABLE OF GIVING ASSENT.] § 33. If such persons are incapable of giving assent, the court may determine, taking into view the interests of all parties, whether such estate ought to be excepted from the sale or sold.

34. FUNDS PAID OVER OR INVESTED, ETC.] §31. When any such interest is sold the value thereof may be ascertained and paid over in gross, or the proper proportion of the funds invested, and the income paid over to the party entitled thereto, during the continuance of the estate. [L. 1867, p. 156, § 1.

35. WHEN OWNER UNKNOWN.] § 35. If the person entitled to any such estate is unknown, the court may determine whether the estate shall be sold or not, as in case of persons under disability, and in the event of sale, make such order for the protection of the rights of such person, in the same manner, as far as may be, as if the person were known and had appeared.

36. DEPOSIT OF UNCLAIMED MONEY.] § 36. Where a sale of premises is made and no person appears to claim such portion of the money as may belong to any non-resident or person whose name is unknown, the court shall require such money to be deposited in the state treasury, subject to the further order of the court; and all moneys so required to be deposited, shall be received by the state treasurer and paid upon the order of the court. [R. S. 1845, p. 401, § 12.

37. PAYMENT OF MONEY DEPOSITED.] § 37. When money is deposited in the stats treasury, under the provisions of this act, the person or persons entitled to