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thirteenth section of the third article of this constitution contained to the contrary notwithstanding. Done in convention at Kaskaskia, the twenty-sixth day of August, in the year
of our Lord, one thousand eight hundred and eighteen, and of the Indepen
dence of the United States of America, the forty-third.
JESSE B. THOMAS,
and representative from the county of St. Clair.
St. Clair county,
WM. C. GREENUP,
Secretary to the Convention.
DECLARING THE ADMISSION OF THE STATE OF ILLINOIS INTO
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That whereas, in pursuance of an act of Congress, passed on the eighteenth day of April, one thousand eight hundred and eighteen, entitled “An act to enable the people of the Illinois Territory to form a constitution and State government, and for the admission of such State into the Union, on an equal footing with the original States," the people of said Territory did, on the twenty-sixth day of August, in the present year, by a convention called for that purpose, form for themselves a constitution and State government, which constitution and State government, so formed, is republican, and in conformity to the principles of the articles of compact between the original States and the people and States in the territory north-west of the river Ohio, passed on the thirteenth day of July, one thousand seven hundred and eighty-seven: Resolved by the Senate and House of Representatives of the Unitel States of America in Congress assembled, That the State of Illinois shall be one, and is hereby declared to be one, of the United States of America, and admitted into the Union on an equal footing with the original States, in all respects whatever.
APPROVED: December 3, 1818.
For revising and consolidating the general statutes of the State of Illinois.
WHEREAS, it is expedient that the general statutes of this state should be consolidated, and arranged in appropriate chapters and sections ; that omissions should be supplied, and defects amended; and that the whole should be rendered plain, concise and intelligible: Therefore,
Be it enacted by the People of the State of Nlinois, represented in the General Assembly, in manner following, that is to say:
administrator, shall die, how to proceed.
shall die, &c., how to proceed. 12. Proceedings for partition of lands not to abate
by death of parties-proceedings in such
1. Pleas in abatement to be sworn to.
abate suit; but defendant brought in by sum
mons. 4. What proceedings, when defendant not found;
no other plea in abatement allowed. 5. Marriage of feme sole plaintiff, not to abate suit,
but husband made a party. 6. Marriage of feme sole defendant. 7. Death of sole plaintiff, not to abate action;
when and how to proceed. 8. Death of sole defendant; how to proceed in
case of. 9. Death of co-plaintiff or co-defendant, not to
abate action; how to proceed in case of.
13. Suit in the name of one, for another's use, not
to abate by death, &c.; proceedings in such
cases. 14. The provisions of this chapter to extend to pro
ceedings in equity, to appeals, &c. 15. Orders of court to bring in or substitute parties,
how to be made; and writs of scire facias, how issued; within what time such writs shall be sued out.
Section 1. No plea in abatement, other than a plea to the jurisdiction of the court, or when the matters relied upon to establish the truth of such plea appear of record, shall be admitted or received, by any court of this State, unless the party offering the same, or some other person for him, file an affidavit of the truth thereof.
Sec. 2. When a plea in abatement shall be adjudged insufficient, by the court, the plaintiff shall recover full costs, to the time of overruling such plea.
Sec. 3. When one or more of the persons composing any company or association of individuals, shall be sued, and the person or persons so sued, shall plead in abatement, that all the persons who should have been made defendants, are not joined in the suit, such suit shall not for that cause, abate, if the plaintiff or plaintiffs forthwith sue out a scire facias against the persons named in such plea; and
on the return of such scire facias, the names of the persons named in such plea may be inserted in the declaration, and the suit shall proceed in all respects thereafter, as if the persons named in such plea, had been named in the original suit.
Sec. 4. If the persons named in such plea cannot be served with process, the plaintiff or plaintiffs, on the return of such summons, may suggest on the record the names of those not served, and proceed as in other cases in which service is made on part of the defendants only: and no other plea in abatement for non-joinder of defendants, shall be allowed in the same case.
Sec. 5. No action or complaint, in law or equity, commenced by a feme sole, shall abate on account of her intermarriage before final judgment : Provided, The husband shall appear and cause such marriage to be suggested on the record, and himself made a party in the suit ; after which the suit may proceed in the same manner as if commenced after such marriage.
Sec. 6. If a feme sole defendant intermarry before final judgment or decree, the action shall not thereby abate, but the husband, on his own application, or on that of the plaintiff, and due notice thereof given, may, by order of the court be made a party to the suit; and the suit shall then proceed as in other cases.
Sec. 7. When there is but one plaintiff in an action, and he shall die before final judgment, such action shall not thereby abate, if the cause of action survive to the heirs, devisees, executors or administrators of such plaintiff, but any of such, to whom the cause of action shall survive, may, by suggesting such death on the record, be substituted as plaintiff or plaintiffs therein, and prosecute the same as in other cases.
Sec. 8. When there is but one defendant in an action, and he shall die before final judgment, such action shall not thereby abate, if it might be originally prosecuted against the heirs, devisees, executors or administrators of such defendant; but the plaintiff may suggest such death on the record, and shall, by order of the court, have summons against such person or persons, requiring him or them to appear and defend the action, after which such suit shall proceed to final judgment according to law.
Sec. 9. If there are two or more plaintiffs in any action, and one or more of them die before final judgment, the action shall not thereby abate, if the cause of action survive to the surviving plaintiff or plaintiffs ; and if there are two or more defendants in any action, and one or more of them shall die before final judgment, such action shall not be abated thereby; but in either of said cases, such death or deaths shall be suggested on the record, and the action may proceed at the suit of the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants, as the case may require, in all respects as if such persons had been originally, sole parties to the suit.
Sec. 10. When any executor or administrator shall be plaintiff or defendant in any suit, and shall, before final judgment, die, or cease to be such executor or administrator, the suit shall not thereby abate ; but the same may be continued by, or against, the successor of such executor or administrator, by an order of court substituting such successor as defendant therein.
Sec. 11. When an action is authorized or directed by law, to be brought by or in the name of any public officer, or by any trustee appointed by virtue of any statute, and such officer or trustee shall, before final judgment, die, or cease to be such officer or trustee, the suit shall not thereby abate, if the cause of such suit survive to his successor; but the same may be continued by such successor, who
shall be substituted for that purpose by order of the court, on a suggestion of such death being made upon the record.
Sec. 12. Proceedings for the partition of lands shall not abate by the death of any party thereto, but shall continue in the names of the survivors, if the interest of such deceased person in the lands shall survive to them; and if such interest shall pass to other persons, they may, by rule of court, be made parties, and the same proceedings shall be had as though they had been made parties originally.
Sec. 13. No suit instituted in the name of one for the use of another shall abate by reason of the death of the person whose name is used; but may be continued by the real plaintiff in interest in his own name on his suggesting such death on the record and an order of the court being made, substituting his name for that of the deceased plaintiff.
Sec. 14. The provisions of this chapter shall extend as well to proceedings in equity as at law, and the provisions of sections five, six, seven, eight, nine, ten, eleven, twelve and thirteen, shall be applicable to all appeals, writs of error, and of certiorari.
Sec. 15. All orders authorized by this chapter to be made, for the purpose of introducing into a suit a new person as a co-defendant with the original party, or for the purpose of substituting a person as defendant in place of the original party, shall be made either upon the voluntary appearance of such person, or by order of the court, after the party to be made such defendant, shall have been served with a scire facias ; and all such writs of scire facias may be sued out either in term time or in vacation, and may be directed to any county, and shall correspond, as nearly as practicable, to the original writ, and may be executed and returned in the same manner; but no scire facias for the purpose of substituting another person in place of the original defendant, shall be sued ont after the second day of the second term of the court, next after the term at which the death or disability of the original party shall be suggested on the record.
APPROVED: March 3, 1845.
1. What persons shall account, and to whom.
tain action of, and against whom.
tors. 5. Process in, service and return of. 6. Defendant summoned and not appearing, may be
7. Auditors to be appointed.
pear. 10. Auditors to report, and action of the court. 11. Parties may appeal. 12. Chancery jurisdiction saved.
SECTION 1. When one or more joint tenants, tenants in common, or co-parceners in real estate, or any interest therein, shall take and use the profits or benefits thereof, in greater proportion than his, her or their interest, such person or persons, his, her or their executors and administrators, shall account therefor to his or their Co-tenant jointly or severally.