the same, may, at any time, apply to the court making the order of sale, and obtain an order for the same upon making satisfactory proof to the court of his right thereto. [R. S. 1845, p. 401, § 13.

38. AMENDMENTS.] § 38. Amendments shall be allowed as in cases in chancery. [See "Chancery," ch. 22, § 37.

PROVISIONS APPLYING TO PARTITION IN CHANCERY OR BY PETITION.

39. POWERS OF COURT.] § 39. In all suits for the partition of real estate, whether by bill in chancery or by petition, under this act, the court may investigate and determine all questions of conflicting or controverted titles, and remove clouds upon the titles to any of the premises sought to be partitioned; invest titles, by their decress, in the parties to whom the premises are allotted, without the forms of conveyances by infants or unknown heirs or other parties to the suit; assign dower, and order a sale of the premises for the purpose of dividing the premises in proper cases, and by its decree invest the purchaser with title, and apportion incumbrances among the parties to whom the incumbered premises are allotted. [L. 1861, p. 181, § 1.

40. APPORTIONING COSTS.] § 40. In all proceedings for the partition of real estate, the court may apportion the costs, including the reasonable solicitor's fees, among the parties to the proceeding, so that each party shall pay his equitable portion thereof. [R. S. 1845, p. 401, § 11; L. 1869, p. 368, § 1. [§ 41, repeal, omitted; see "Statutes," ch. 131, § 5.]

AN ACT to revise the law in relation to paupers. [Approved March 23, 1874. In force July 1, 1874.J

1. WHO LIABLE TO SUPPORT.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That every poor person who shall be unable to earn a livelihood in consequence of any bodily infirmity, idiocy, lunacy, or other unavoidable cause, shall be supported by the father, grandfather, mother, grandmother, children, grandchildren, brothers or sisters of such poor person, if they, or either of them, be of sufficient ability: Provided, that when any persons become paupers from intemperance, or other bad conduct, they shall not be entitled to support from any relation, except parent or child. [R. S. 1845, p. 402, § 1.

2. WHO FIRST CALLED ON.] § 2. The children shall first be called on to support their parents, if there be children of sufficient ability; and if there be none of sufficient ability, the parents of such poor person shall be next called on if they be of sufficient ability; and if there be no parents or children of sufficient ability, the brothers and sisters of such poor person shall be next called on if they be of sufficient ability; and if there be no brothers or sisters of sufficient ability, the grandchildren of such poor person shall next be called on if they be of sufficient ability; and next the grandparents, if they be of sufficient ability: Provided, married females, while their husbands live, shall not be liable to contribute for the support of their poor relatives, except when they have separate property, or property in their own right, out of which such contributions can be made. [R. S. 1845, p. 402, § 2.

3. COMPLAINT BY STATE'S ATTORNEY.] § 3. Upon any failure of any such rela tive, or relatives, to support such poor person as provided by this act, it shall be the duty of the state's attorney to make complaint thereof to the county court of his county, against all the relatives of such pauper in this state, liable to his support, and prosecute the same.

4. COMPLAINT BY OVERSEER.] § 4. The complaint provided for in the preceding section may also be made by the overseer of the poor of the town or precinct where the poor person may reside, and it shall be the duty of such overseer to make such complaint in all cases where there may not be a county agent or state's attorney, or when the county agent or state's attorney shall refuse or neglect to make the same.

5. SUMMONS.] § 5. At least ten days' notice of such application shall be given to the defendant, by summons, requiring him to appear and answer the complaint.

6. TRIAL-JUDGMENT.] § 6. The defendants, being duly notified, the court shall proceed in a summary way to hear the proofs and allegations of the parties, without further written pleadings, and if satisfied by the allegations and proofs that the defendants, or any of them, are not supporting such poor person, or contributing their proper share for such support, in a manner suitable to the situation of such poor person, taking into account the ability of such defendants, then the court may at the time of giving judgment in the case, and from time to time thereafter, make any and all necessary orders in regard to the custody of such poor person, and for the payment weekly to the overseer of the poor of the town or precinct, or to such other person as the court shall direct, of such sum, to be applied in the support of such poor person, as in the opinion of the court is necessary to so properly support such poor person, taking in view the ability of the defendants to furnish such support. The court inay discharge any defendant that may appear not to be liable for such support, or who is contributing his fair share therefor.

7. CONTRIBUTION.] § 7. If it shall appear that the relatives of a certain degree are unable wholly to maintain such poor person, but are able to contrib ute towards his support, the court may, in its discretion, direct two or more relatives of different degrees to maintain such poor person, and shall prescribe the proportion which each shall contribute for that purpose.

8. PARTIAL SUPPORT.] § S. If it shall appear that the relatives liable, as aforesaid, are not of sufficient ability wholly to maintain such poor person, but are able to contribute something, the court shall direct the sum, in proportion to their ability, which such relatives shall pay weekly for that purpose.

9. TIME OF MAINTENANCE AND PAYMENT.] § 9. The order may specify the time during which the relatives aforesaid shall maintain such poor person, or during which any of the sums so directed shall be paid, or it may be indefinite, and until the further order of the court.

10. ORDER MAY BE CHANGED.] § 10. The court may, from time to time, vary such order whenever circumstances shall require it, on the application either of any relative affected thereby, or of the county agent or overseer of the poor, upon ten days' notice being given to the opposite party.

11. HOW PAYMENTS ENFORCED.] § 11. Payment of the several sums under such order as they fall due may be compelled by attachment as for contempt against the persons of the defendants, or by execution against their lands and tenements, goods and chattels, or both, in like manner as other judgments at law or decrees in chancery.

12. COSTS.] § 12. In every such application, if the judgment shall be against the defendant, he shall also be adjudged to pay the costs of the proceeding, or the costs may be apportioned according to the rights of the case, but if the application is dismissed it shall be at the costs of the county or town on whose behalf the application is made. [§ 3-13, see act of 1869. L. 1869,

p. 369.

13. BRINGING PAUPER INTO COUNTY-PENALTY.] § 13. If any person shall bring and leave any pauper in any county in this state, wherein such pauper is not lawfully settled, knowing him to be a pauper, he shall forfeit and pay the sum of $100 for every such offense, to be sued for and recovered by and to the

use of such county by action of debt, before any justice of the peace in the proper county. [R. S. 1845, p. 404, § 16.

14. SUPPORT BY COUNTY.] § 14. Every county (except those in which the poor are supported by the towns) shall relieve and support all poor and indigent persons lawfully resident therein, except as herein otherwise provided. [R. S. 1845, p. 402, § 3.

15. SUPPORT BY TOWNS.] § 15. Every town in counties in which the poor are supported by the towns (as provided by law) shall relieve and support all poor and indigent persons lawfully resident therein, except as herein otherwise provided.

16. REMOVAL OF PAUPER NOT RESIDENT OF COUNTY, ETC.] § 16. If any person shall become chargeable as a pauper in any county or town, who did not reside therein at the commencement of thirty days immediately preceding his becoming so chargeable, but did, at that time, reside in some other county or town in this state, it shall be the duty of the county or town clerk, as the case may be, to send written notice by mail or otherwise, to the county clerk of the county in which the pauper so resided, or if he then resided in a town supporting its own poor, to the town clerk of such town, requesting the proper authorities of such county or town to remove said pauper forthwith, and to pay the expenses accrued and to accrue in taking care of the same; and such county or town, as the case may be, where such pauper resided at the commencement of the thirty days immediately preceding such person becoming chargeable as a pauper shall pay to the county or town, so taking care of such pauper, all reasonable charges for the same, and such amount may be recovered by suit in any court of competent jurisdiction. [L. 1861, p. 181, § 1, 2; R. S. 1845, p. 404, § 14.

17. "RESIDENCE" DEFINED.] § 17. The term "residence," mentioned in this act, shall be taken and considered to mean the actual residence of the party, or the place where he was employed, or in case he was in no employment, then it shall be considered and held to be the place where he made it his home. [R. S. 1845, p. 404, § 15.

18. OVERSEERS IN COUNTIES UNDER TOWNSHIP ORGANIZATION.] § 18. In counties under township organization, the supervisors of the respective towns therein shall be ex officio overseers of the poor of their towns. [L. 1867, p. 172, § 1.

19. OVERSEERS IN COUNTIES NOT UNDER TOWNSHIP ORGANIZATION.] §19. In counties not under township organization, the county board shall designate some justice of the peace or some other suitable person in each precinct therein, who shall be overseer of the poor in such precinct. [R. S. 1845, p. 403, § 5.

20. DUTIES OF OVERSEERS.] § 20. The overseers of the poor shall have the care and oversight of all such persons in their town or precinct as are unable to earn a livelihood in consequence of any bodily infirmity, idiocy, lunacy or other unavoidable cause, and as are not supported by their relatives or at the county poor house, and shall see that they are suitably relieved, supported and employed, subject to such restrictions and regulations as may be prescribed by the county board, or in case the poor are supported by the town, subject to such restrictions and regulations as may be prescribed by such town. [R. S. 1845, p. 403, § 6.

21. LETTING OUT SUPPORT OF POOR.] § 21. Where the county has not a poor house at which its poor are supported, the overseers of the poor of the re spective towns or precincts shall commit the care of such poor persous as shall require to be supported by the county or by the town, to some moral and discreet householder in the town or precinct of sufficient ability to provide for them, and who will enter into a written contract with the county, (or, if the poor are sup ported by the town, with the town,) therefor upon such terms and conditions as may be approved by the county board or board of town auditors, as the case may be. [R. S. 1845, p. 403, § 6.

22. BOND.] § 22 Every person to whom the care of the poor of any town or precinct shall be committed, shall execute to the county (or town, as the case may

be,) a bond, with such security as the county board (or board of town auditors, as the case may be,) shall require, conditioned that he will treat every poor person committed to his care with humanity, and afford him the necessary attention and comforts of life suitable to his condition, and that he will fulfill his said agreement for the keeping of such poor according to the true intent and meaning thereof. R. S. 1845, p. 403, § 6.

23. TEMPORARY RELIEF.] $23. When any poor or indigent person does not require to be supported wholly by the county, the overseer of the poor may, subject to such limitations as may be prescribed by the county board, render him temporary relief without his being committed to the care of any such person, or being sent to the county poor house.

24. AID TO NON-RESIDENT POOR-BURIAL.] § 24. When any non-resident, or any person not coming within the definition of a pauper, of any county or town, shall fall sick, not having money or property to pay his board, nursing and medical aid, the overseers of the poor of the town or precinct in which he may be shall give, or cause to be given to him, such assistance as they may deem necessary and proper, or cause him to be conveyed to his home, subject to such rules and regulations as the county board may prescribe; and if he shall die, cause him to be decently buried. [R. S. 1845, p. 402, § 4. See L. 1872, p. 673.

25. REPORT OF OVERSEERS TO COUNTY BOARD.] § 25. In all counties in which the poor are not supported by the towns, the overseers of poor of each town or precinct shall, at each regular session of the county board, and at such other times as the county board may require, make a full report of all their actings and doings, and return a list of all the poor in their respective towns or precincts, specifying the age, sex, condition and infirmities of each. [R. S. 1845, p. 403, § 7.

26. APPROPRIATIONS.] § 26. Upon such report being made, it shall be the duty of the county board to make the proper appropriations from the county treasury for the payment of the necessary expenses of such relief and support of the poor. [R. S. 1845, p. 403, § 8.

27. REPORT OF OVERSEERS TO TOWN AUDITORS.] § 27. When the poor are supported by towns, the overseers of the poor shall make such report to the board of town auditors at their regular meeting, who shall audit all accounts and order the payment of such expenses from the town treasury.

28. POWERS OF COUNTY BOARD.] § 28. The county board of any county in this state in which the poor are not supported by the towns thereof, as provided by law, shall have power

1. To acquire, in the name of the county, by purchase, grant, gift or devise, a suitable tract or tracts of land upon which to erect and maintain a county poor house, and other necessary buildings in connection therewith, and for the establishment and maintenance of a farm for the employment of the poor, and to erect and maintain such buildings and establish and maintain such farm; but they shall not expend for the purchase of any such land or the erection of any such buildings a sum exceeding $3,000, without a two-thirds majority vote of all the members of the county board.

2. To receive, in the name of the county, gifts, devises and bequests to aid in the erection or maintenance of a poor house, or in the care and support of poor and indigent persons.

3. To make all proper rules and regulations for the management of the county poor house and poor farm, and of the inmates of the poor house.

4. To appoint a keeper of the poor house and all necessary agents and servants for the management and control of the poor house and farm, and prescribe their compensation and duties.

5. To appoint a county physician and prescribe his compensation and duties. 6. To appoint an agent to have the general supervision and charge of all matters in relation to the care and support of the poor, and prescribe his compensation and duties.