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to annul letters patent, 1386,

to vacate acts of incorporation, 1387.

contents of such writs, 1387.
judgment in such cases, 1387.

writs in other cases, 1387.

issuing, teste, return and service of, 1387.

appearance of defendants, etc., 1388.

notice to absent defendants, 1388.

entering default, etc., 1388.

declaration unnecessary, etc, 1388.

copies of certain judgments on, to be filed with secre-
tary of State, 1389.

when statement of judgment to be sent to land office,


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salary of, 64, 134.

original acts of legislature to be deposited with, 87.
to furnish copies of acts for State paper, 89.

entitled to copy of statutes, 90.

to distribute statutes, 90, 92.

to give notice when laws ready for distribution, 91.

to cause acts, etc., to be bound, 91, 92.

to attach certificate to bound volume, 92.

may sell extra copies of laws, etc., 92.

to give notice of vacancies to be filled at general
election, 104, 105.

to notify sheriff of officers to be elected, 105.

to be member of board of State canvassers, 117, 124.
to record statement of votes transmitted by county
clerks, 117, 127.

when to call on governor and State treasurer for
statements from county clerks, 118.

when to send messengers for statements, 118, 119.
to appoint meeting of State canvassers, 118, 119.
to record statement, etc., of state canvassers, 119,

to cause copy determination to be transmitted to per.
sons elected, 119.

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to have custody of seal of the State, 58, 133.

may appoint deputy, 133.

when deputy to act as, 133.

deeds and other evidences of title in the State to be
recorded by, 134, 135.

to make plats of State titles, 134.

to be member of board of State auditors, 63, 145.
to call meeting of State auditors to settle with officers,

to be member of State board of equalization, 150.
to be one of trustees to take charge of certain State
assetts, 169.

and to take charge and dispose of escheats, 170.
official oath of, 171.

duty of, with respect to distribution of reports of
State officers, 174.

to publish with laws, proceedings of supervisors on
altering or erecting townships, 191.
removal of, for official misconduct, 220, 221.
duty of, with respect to census and statistics, 256 to

to report statistics of deaf, dumb, etc., to legislature,

to be member of board of internal improvement, §12.
to give notice to prosecuting attorney of neglect of
superintendent of poor to make report, 464, 482.

to lay abstract of reports of superintendents before
legislature, 464, 482.

not to deliver patent for State land till certificate re-
turned, 787.

fees in office of, 1489.


to be given by constables, 241.

by justices of the peace, 243.

by disorderly persons, 493, 494.

given for gaming debt, when void, 502.

on sale of intoxicating drinks, when void, 525.
may be required of officers of railroad companies,


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how moneys received upon, to be applied, 170.
to secure loans from university and school funds,
who to have charge of, 797.

taken by order of court of chancery, to be taken in
name of register, 1008.

on death of register, to vest in successor, 1008.
circuit judge may make orders with respect to,
etc, 1008.

by purchasers at sales in partition cases, 1249, 1250.

to be given by nonresident plaintiff in justices courts,

justice may require in other cases, 1046.

when may be required of complainant in criminal
cases before justices, 1100.

by nonresident plaintiffs generally, 1137.
courts may require in all cases, 1137.

when courts may require new, 1137.

in ejectment cases, 1231.

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in action for seduction, allegation of, unnecessary,

of papers on sheriff in certain cases, 208.
of declarations in ejectment, 1232.


(See Process.)

by executors, etc., before commissioners, 888.
in suits by executors, etc, 889.
allowed in chancery, 1010.

in justices courts, 1059, 1060.

in courts of record, 1148, 1151, 1152.
of executions, 1080, 1215.

of improvements by defendants in ejectment, 1238.
by and against assignees of insolvent debtors, 1439.
limitation of demands alleged by way of, 1409.
PROBATE OF A WILL, 871 to 874.

letters to be issued to executor, $72.
bond to be given by executor, 872, 873, 874.
bond by executor when residuary legatee, 872.
effect of neglect to give bond, etc., 872.

one executor refusing, letters to be issued to
others, 872, 873.

administration during minority of executor, 873.
bond of administrator with will annexed, 873.
marriage of executrix, effect of, 873.
removal of executor, 873.

when remaining executor to execute trust, 873.
when all executors not authorized, those author-
ized may execute trust, 873.

administrators with will annexed, to have same
powers as executors, $73, 874.

executor of executor not to administer, 874.
TATES, 874 to 879.

how applied and distributed, 875, 876.

what probate court to have jurisdiction, $76.
who entitled to letters of administration, 876.
bond to be given by administrators, 876.

special administrator when to be appointed, 877.
his duties, 877.

not to pay debts, etc,

to give bond, 877.


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administration to be revoked on proving will, 879.
powers of executor in such case, 879.

acts of executors and administrators before revo-
cation, valid, 879.

notice of application for appointment of adminis-
trators, 879, 880.

SONS, 880 to 884.

making and return of inventory, 880.
estate to be appraised, etc.,


appointment and oath of appraisers, 881.

how appraisal made and certified, 881.

separate inventory and appraisal of household
furniture, etc., 881.

personal estate first chargeable with payment of
debts, 881.

if personal estate not sufficient real estate to be
sold, 881.

executor or administrator to have possession of
real and personal estate, 882.

proceedings in case of suspected embezzlement,
etc., 882.

when person cited may be committed, 882.
compelling accounts by persons having estate in
trust for executor, etc., 882.

when executor, etc., may compound with debtor,

interest in mortgaged premises to be considered
personal assets, 883.


executor, etc., may foreclose mortgages, 883.
and may give release on redemption, 883.

if premises bid in, for whom executor, etc., to
be seized, 883.

real estate purchased by executor, etc., may
be s ld under license, 883

if not sold, how assigned and distributed, 883.
when suit to be prosecuted to recover lands, etc.,
fraudulently conveyed by deceased, 884.
when executor, etc., not bound to sue, 884.
disposition of estate recovered, 884

commissioners to examine and adjust claims,
when to be appointed, 886.

notice of their meetings to be given, 886.
designation of paper in which notice to be pub-
lished. 886, 887.

on death, etc., of commissioner, court to appoint
another, 887.

time to be allowed for presenting claims, 887.
how long time may be extended, 887.
when commission may be renewed, 887.

when court may examine and adjust claim, 887.
setoff's before commissioners, 888.

commissioners to be sworn and may administer
oaths, 888.

to report to probate court, 888.

what claims they may try and determine, 888.
debts payable at a future day, 888.

persons failing to present claims, when barred,

no suit to be commenced against executor, etc.,
except ejectment, 889.

actions pending to be prosecuted to judgment,
and judgment certified, etc., 889
executor, etc., not prevented from suing, 889.
setoffs in suits by executors, etc., 889.

joint contract, 889.

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judgment to be certified to probate court, 891.
when claim barred, 891.

when circuit court to affirm allowance appealed
from, 891.

in what cases any person interested in estate
may appeal, 891.

bond to be given by such person, 891.

notice in case of appeal by executor, etc., on dis
allowance of his claim, 891.

order allowing time for payment of debts, etc.,

court may extend time, 892.

application for extension, and notice of hearing,

on appointment of new administrator, court may
extend time, etc, 892.

when executor, etc., to pay debts in full, 892,

order in which debts are to be paid, 893.
when creditors to be paid dividend, 893.
decree for payment and distribution, 893.
decree may be suspended in case of appeal, 893.
when disputed claim ordered to be paid, 893.
further decree for distribution, 893

when executors, etc., personally liable to credit-

or, 894

notice of time limited for payment of debts, 894.
creditor neglecting to demand debt in two years,
barred, 894.

contingent claims may be presented to commis.
sioners or to court, 894.

when court may order sufficient estate retained
for payment of. 894.

contingent claim becoming absolute, may be pre-
sented, etc., 895.

when claimant entitled to payment, 895.
claim accruing after time limited for presenting
may be presented to probate court, etc., 895.
when creditor may recover of heirs, etc.,


defence by executors, etc., to action, 896.
when defendant discharged, etc., 896.

to what extent heirs, etc., liable to creditor, 896.
when devisees and legatees to contribute accord-
ing to will, 896.

when all persons liable not included in suit,
others may be brought in, 896.

proceedings in chancery against heirs, etc,, 896.
when estate of deceased heir, etc.. liable, 897.
contribution among heirs, etc., 897.

when creditor not prevented from suing execu.
tor, etc., 897.

no actions to be brought against executors, etc.,
except those expressly provided for, 897.
TORS, 898 to 901.

executor, etc., what to be chargeable with, 898.
how to account for personal estate, 898, 899.
not to profit by increase, or lose by destruction,
ete, without his fault, 899.

when sale of personal estate may be ordered,


executor, etc., to account for proceeds, 899.
to account for income of real estate, 899.
when not accountable for debts due, 899.
accountable for loss occasioned by neglect, 899.
when accounts to be rendered, 900.
compensation to executors and administrators,

bond may be sued on neglect to render account,


execution for costs, when to be awarded against
executor, etc., 901.

notice of examining accounts, 901

provision for children under seven years of age,

assignment of residue after payment of debts,

decree, what to specify, 902.

no person entitled to share of estate, until debts,
etc., paid, unless bond given, 902.

when partition may be made, 902, 903.
proceedings when estate lies in different counties,

notice of application for partition, 903.

partition, when shares have been conveyed,

shares, how set out, 903.

when estate cannot be divided, court may assign
the whole to one of the parties, 903.

when tract may be set off to one of the parties,

when estate of deceased lies in common, to be
first severed, 904.

guardians for minors, etc, and agents for non-
residents, 904.

report of commissioners and proceedings there-
on, 904.

when partition dispensed with, 905.

questions relating to advancements, how deter-
mined, 905.

appeal from decree for partition, 905.

when partition conclusive, 905.

when expenses of partition may be paid out of
estate, 905.

when to be paid by parties, 905.

when partition of reversion of dower may be
made, 906.

agent to take charge of nonresident's estate,

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judgment in other cases, 908.

disposition of moneys collected, 908.
scire facias on judgment, 908.

claims for damages for breach of condition, by
whom may be prosecuted, 908.

TORS of the contracts of deceased persons for the
conveyance of real estate, 909 to 912.

when probate court may decree conveyance by
executors, etc., 909.

notice of petition and hearing, 909.
examination of petitioner, etc., 910.

when decree for conveyance to be made, 910.
appeal from decree, 910

when petition to be dismissed, 910.

bill in chancery for specific performance, 910.
decree thereon, 910.

who to be authorized to make conveyance; ef
fect of conveyance, 911.

certified copy of decree may be recorded; effect
of record, 911.

decree may be enforced by process, 911.

in case of death of person entitled, his heirs,
etc., may prosecute proceedings, 911.

SALE OF LANDS BY EXECUTORS, ETC., for the payment of
debts, 912 to 924.


county superintendents to decide upon, 467.
what deemed to be, 469, 470.

may be contested, 470.

proceedings thereon, 471 to 473.

where pauper to be supported when he has a legal
settlement, 474.

if he has none, what proceedings to be had, 474,

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cute process, 211.

who may fill vacancy in office of, 223.

duties of, in relation to violation of election laws,

when tax roll and warrant to be delivered to, 204.
powers and duties thereon, 304.

to execute warrant against township treasurer, 304,

proceedings against, for neglect or false return when
acting in relation to taxes, 305.

duty of, to collect tax of corporation, 337, 338.
prosecution of, and sureties, by county treasurer,

penalty for neglect of duty under prohibitory liquor
Jaw, 534.

to attend terms of supreme court, 987.
compensation of, for attendance, etc., 987.
to be officer of courts of chancery, 1008.
may be punished for disobedience of process,
shall attend courts, 1008.


may serve process from, in any part of State, 1008.
to serve and return declarations, 1136.

may be attached for not returning, 1137.

duty of, in service and return of original writs, 1137
to 1140.

bail to, on arrest, 1138.

proceedings against, for not putting in special bail,

may put in special bail, etc., and prosecute bail
bond, 1143.

to endeavor to serve execution when bail has been
put in, 1144.

duties of, in the drawing and summoning of jurors,
1190 to 1195.

to endorse time of receiving execution, 1209.
executions and judgments against, 1209.

liability of, for neglect, etc., in special cases, 1223.
to attend juries in certain cases, 1223.

suits against, on official bonds, 1309 to 1312.

attachments against, for not returning process, etc.,
1128, 1131, 1320.

duties of, in proceedings to enforce liens against
ships, etc., 1315 to 1521.

powers, duties and liabilities of, in actions of replevin,

1332 to 1336.

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limitation of actions against, for neglect, etc., of
deputies, 1406

fees for summoning jury in insolvent cases, 1430.
punishment of, for permitting insolvent debtors, etc.,
to escape, 1436.

duties of, in case of poor debtors applying for dis-
charge, 1444.

admitting prisoners to liberties of jails, 1450, 1457.
may recommit prisoner, on discovering insufficiency
of surety, 1450.

escapes, and liability of sheriff therefor, 1453.
defence by, in action for escape, 1454.

punishment for receiving reward to permit escape,

forfeiture of office therefor, 1454.

not to receive, etc, person claimed as fugitive slave,
1455, 1456.

proceedings on election of new sheriff, 200, 210.
to keep prisoners committed under authority of
United States, 1455.

answerable for safe keeping of such prisoners, 1456.
to keep certain prisoners separate, 1456.
punishment for not so doing, 1456.

when to receive prisoners from jails of other counties,

may remove prisoners in case of fire, 1458.

penalty on, for suffering liquor to be sold, etc., in
jails, 1459.

liability for neglect to serve declaration, etc., on
prisoner, 1459.

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stealing in, 1513.

willfully destroying, 1519, 1520.

fitting out with intent that they may be cast away,

making false invoice of cargo of, 1520.

master, etc., making or procuring false protest, 1520.
destroying or attempting to destroy, by rioters, 1539.

what claims to be a lien on, 1313.
application for warrant, 1314.

issuing warrant, 1314.

contents, execution and return of warrant, 1315.
when no other warrant to be issued, 1315.
notice on return of warrant, 1315.

how other claimants may become attaching
creditors, 1315.

liens not presented to cease, 1316.
application for discharge of, 1316.

bond on such application, 1316.

proceedings to cease on giving bond, 1316.
by whom bond may be prosecuted, 1316.
averments in declaration, 1316.
pleadings and proceedings, 1317.

when vessel, etc, to be ordered sold, 1317.
when order of sale to be modified, 1317.
sale by sheriff, 1317.

return of sheriff after sale, 1317.

order for publishing notice of distribution, 1318.
proceedings on day appointed in notice, 1318.
proceedings if claims contested, 1318.

power of officer in determining contested claim,


proceedings if jury required, 1318.
effect of verdict, etc., 1319.
appeals, how taken, 1319.

distribution after determination of contested
claim, 1319.

order for payment according to distribution,

apportionment of proceeds, if insufficient to pay
all claims, 1319.

officer issuing warrant, to file report of proceed.
ings with clerk of circuit court, 1319.
effect of report, etc., as evidence, 1320.
court may correct errors in proceedings, 1320.
how sheriff may be compelled to return inven-
tory, 1320.

liens against vessels seized by virtue of process
issuing from United States courts, etc., 1320.

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use of jails prohibited for confinement of persons
claimed as, 1499, 1608.

protection of rights of persons claimed as, 1498.

and other dangerous diseases, 434 to 436, 438 to 440.
hospitals may be established by townships for recep-
tion of infected persons, 438.
regulations of hospitals, 438 to 440.

penalty for inoculating with, except at hospitals,

when infected person to be removed to hospital, 439.
penalty for violating regulations of hospitals, 439.
householder to give notice of; penalty for neglect,

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constitutional provisions relating to, 19, 74, 64
and to seamen and marines of United States, 63.
nuncupative wills by, 864.


inspection of, 396.


and recording certificates thereof, 950 to 952.
(See Attorneys, Solicitors and Counsellors.)

appointment, bond and duties of, 877.
when powers of, to cease,
SPECIAL BAIL, 1141 to 1145.
(See Bail.)
SPECIAL JURIES, 1194, 1195.
(See Jury.)


judgment in case of, in replevin, 1335.

suspension of, not to be authorized, 71.

power of court of chancery to enforce, not abridged
by statute of frauds, 943.

by executors, etc., of contracts of deceased persons
for conveyance of real estate, 909 to 912.

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