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Petition.

having chancery jurisdiction, in the county where the land or some part thereof may be, to make an order compelling the executors or administrators of such deceased person, or conservator of such lunatic or insane person, to execute and deliver such deed to the party having such equitable right, as aforesaid, to the same, or his heirs, according to the true intent and meaning of said contract, bond or memorandum; and all such deeds shall be good and valid in law.

§ 3. It shall not be lawful for any court to make such order, except upon the petition, in writing, of the person entitled to the benefit of the same, or his heirs, setting forth the said contract, bond or memorandum in writing, and fully describing the lands to be conveyed, nor until the person or persons so applying for such title shall have given reasonable notice of the time and place of such application to the executor, admininistrator and heirs of such person 80 deceased, or conservator of such lunatic or insane person, and shall have fully paid, discharged and fulfilled the consideration of such contract, bond or memorandum in writing, as to the premises sought to be conveyed to the petitioner, or the petitioner shall be entitled in equity to a conveyance, according to the true intent, tenor and effect thereof. Executors, ad- 84. The executor, administrator or heirs of any de ceased person who shall have made such contract, bond or memorandum in writing, in his life time, for the conveyance of land, for a valuable consideration, or the conservator of any lunatic or insane person who shall have made such contract, bond or memorandum in writing before his lunacy or insanity, when such consideration has been paid and fulfilled as aforesaid, or a conveyance ought to be made, may, upon application in writing, obtain such order, upon giving notice to the party to whom such deed is intended to be made, and under the same condition as is provided in this chapter.

ministrators or heirs.

Minor heirs.

Continuance.

Record, costs.

§ 5. In all cases where any minor heirs shall be interested in such proceeding as aforesaid, reasonable notice of such application shall be given to the guardian of such minors; and if there shall be no guardian, then the said court shall appoint a guardian to litigate and act in such

case.

§ 6. In all cases where application shall be made as aforesaid, the court shall have power to continue the same from term to term, to obtain such evidence as the nature of the case shall require; and no decree for the conveyance of land, upon application as aforesaid, shall be made, unless the said courts shall be satisfied that decree can be made without injustice to any heir or creditor of the deceased, or the estate of such lunatic or insane person, and that the same is just and equitable.

87. A complete record of such petition and proceedings thereon shall be made, and the court shall order payment of costs as shall appear right and equitable.

conservators.

§ 8. Guardians and conservators of habitual drunkards Guardians and may sue or be sued under this act, in the same manner and with like effect as in case of idiots or lunatics.

§ 9. That section fifty-six, of chapter eighty-three, en- Acts repealed. titled "Practice," and sections thirty-one, thirty-two, thirtythree, thirty-four, thirty-five and thirty-six, of chapter twenty-four, of the Revised Statutes of 1845, entitled "Conveyances," are hereby repealed; but the repeal of said sections shall not be construed to affect any suit pending, or to impair any right existing, at the time this act takes effect. APPROVED March 19, 1872.

CONTRACTORS.

AN ACT to protect contractors, sub-contractors and laborers in their claims In force July 1, against railroad companies, or corporations, eontractors or sub-contractors.

1872.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all per- Materials fursons who may have furnished, or who shall hereafter fur. nished. nish to any railroad corporation now existing, or hereafter to be organized under the laws of this state, any fuel, ties, material, supplies, or any other article or thing necessary for the construction, maintenance, operation or repair of such roads, by contract with said corporation, or who shall have done and performed, or shall hereafter do and perform any work or labor for such construction, maintenance, operation or repair by like contract, shall be entitled to be paid for the same as part of the current expenses of said road; and in order to secure the same, shall have a lien L'en. upon all the property, real, personal and mixed, of said railroad corporation as against such railroad, and as against all mortgages or other liens which shall accrue after the commencement of the delivery of said articles, or the commencement of said work or labor: Provided, suit shall be commenced within six months after such contractor or laborer shall have completed his contract with said railroad corporation, or after such labor shall have been performed or material furnished.

Sub-contract

2. Every person who shall hereafter, as sub-contractor, material man, or laborer, turnish to any contractor with ors and laborers. any such railroad corporation any fuel, ties, materials, supplies, or any other article or thing, or who shall do and perform any work or labor for such contractor in conformity with the terms of any contract, express or implied, which

Notice to pres

tary.

such contractor may have made with any such railroad corporation, shall have a lien upon all the property, real, personal and mixed, of said railroad corporation: Provided, such sub-contractor, material man or laborer shall have complied with the provisions of this act. But the aggregate of all liens hereby authorized shall not, in any case, exceed the price agreed upon in the original contract to be paid by such corporation to the original contractor: And, provided, further, that no such lien shall take priority over any existing lien.

3. The person performing such labor, or furnishing ident or secre- such material, shall cause a notice, in writing, to be served on the president or secretary of such railroad corporation, substantially as follows, viz:

filed.

....

.. ... as a

To......., president, (or secretary, as the case may be) of the You are hereby notified that I am (or have been) employed by laborer (or have furnished supplies, as the case may be) on or for the and that I shall hold all the property of said railroad (or railway, as the case may be) company to secure my pay.

If there shall be a contract in writing between the original contractor and sub-contractor, material man or laborer, a copy of such contract, if the same can be obtained, shall be served with such notice and attached thereto, which notice shall be served at any time before or within twenty days after the completion of such sub-contract, or such labor: Provided, that no lien shall attach in favor of any person performing such labor or furnishing material until such notice shall have been served as above, or filed for record as hereinafter provided.

Notice to be § 4. If neither the president or the secretary of such railroad corporation shall reside or can be found in the county in which the sub contract was made, or labor performed, the laborer, or person furnishing labor or material, shall file said notice in the office of the clerk of the circuit court; and the clerk of the circuit court shall file and keep a record of said notice, and cause a copy of the same to be mailed to the president or secretary of said company, for which he shall receive the sum of twenty-five cents, and said clerk shall keep a list of the names of the persons so claiming lien, and the names of the corporations against which such liens are claimed.

When suit may be commenced.

5. If the money due the person having given notice as aforesaid, shall not be paid within ten days after the money shall become due and payable, then such person may commence suit therefor, in any court having jurisdiction of the amount claimed to be due, against the corporation with which the original contract was made; or he may commence suit, as aforesaid, against such railroad, corporation and original contractor jointly, and execution to issue as in other cases. If execution, issued on judgment obtained before a justice of the peace, shall be returned not

satisfied, a transcript of such judgment may be taken to the circuit court, and spread upon the records thereof, and shall have all the force and effect of judgments obtained in the circuit court, and execution issued thereon as in other cases.

6. Whenever any suit, so brought, shall be determined Attorney's feeɛ. in favor of the plaintiff, the court shall allow, if before a justice, five dollars, if in a court of record, twenty dollars, attorney's fees to be taxed as costs.

§ 7. Should the original contractor in any case fail to Failure to comcomplete his contract, any person entitled to a lien, as afore- plete contract. said, may file his petition in any court of record, in any county through which the road may be constructed, against the railroad corporation and the contractors, setting forth the nature of his claim, and the amount due as near as may be, [and] the fact that the contractor has failed to complete his contract. The clerk of said court shall thereupon cause a notice to be published for four successive weeks in a newspaper printed in the county, setting forth that said petition has been filed, and the time when the writ issued on the same shall have been made returnable, and all persons entitled to liens under this act may enter their appearance and interplead in said cause, and have their claims adjudicated; and it shall be the duty of the court, in case the petitioner or claimants, or either of them, establish their claims, to enter a decree against the said corporation and original contractor, for the amount to which the persons so establishing their claims are respectively entitled, and such decrees shall have the same force and effect as decrees in other cases.

ue three months

§ 8. The lien hereby created shall continue for three Lien to continmonths from the time of the performance of the sub-contract, or doing of the work or furnishing the material as aforesaid, except when suit shall be commenced by petition as aforesaid, and in such cases all liens shall be barred by decree entered in such cause.

§ 9. That an act entitled "An act in relation to the lien Repealed. of operatives and others on the property of railroad corporations within this state," approved February 22d, 1861, is hereby repealed; saving, however, all rights and causes of action existing under said statute hereby repealed. APPROVED April 3, 1872.

CONVEYANCES.

In force July 1,

1872.

AN ACT concerning conveyances.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That livery Livery of seizin. of seizin shall in no case be necessary for the conveyance of real property; but every deed, mortgage or other conveyance in writing, not procured by duress, and signed and sealed by the party making the same, the maker or makers being of ful age, sound mind, and dis-covert, shall be suf ficient, without livery of scizin, for the giving, granting, selling, mortgaging, leasing or otherwise conveying or transferring any lands, tenements or hereditaments in this state; so as, to all intents and purposes, absolutely and fully to vest in every donee, grantee, bargainee, mortgagee, lessee or purchaser, all such estate or estates as shall be specified in any such deed, mortgage, lease or other conveyance. Nothing herein contained shall be so construed as to divest or defeat the older or better estate or right of any person or persons, not party to any such deed, mortgage, lease, or other conveyance.

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§ 2. Every estate, feoffment, gift, grant, deed, mortgage, lease, release, or confirmation of lands, tenements, rents, services or hereditaments made or had, or hereafter to be made or had, by any person or persons, being of full age, sound mind, dis-covert, and not procured by duress, to any person or persons, and all recoveries, judgments and executions had or made, or to be had or made, shall be good and effectual to him, her or them to whom it is or shall be so made, had or given, and to all others, to his, her or their use, against the judgment debtor, sellor, feoffor, donor, grantor, mortgagor, lessor, releasor, or confirmor, and against his, her or their heirs, claiming the same only as heir or heirs, and every of them, and against all others having or claiming any title or interest in the same, only to the use of the same judgment debtor, sellor, feoffor, donor, grantor, mortgagor, lessor, releasor or confirmor, or his, her or their said heirs, at the time of the judgment, execution, bargain, sale, mortgage, covenant, lease, release, gift or grant made.

§ 3. Where any person or persons stand or be seized, or at any time hereafter shall stand or be seized of and in any messuages, lands, tenements, rents, services, reversions, remainders, or other hereditaments, to the use, confidence or trust of any other person or persons, or of any body politic, by reason of any bargain, sale, feoffment, fine, recovery, covenant, contract, agreement, will or otherwise,

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