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penses incurred in attending the meetings of said board. Said expenses shall be paid from the fees and penalties received by the board, under the provisions of this act. And no part of the salary or other expenses of the board shall ever be paid out of the State treasury. All moneys received in excess of said per diem allowance and other expenses above provided for shall be held by the secretary of said board as a special fund for meeting the expenses of said board, by giving such bond as the board shall, from time to time, direct. And said board shall make an annual report of its proceedings to the governor, by the fifteenth of De cember, of each year, together with an account of all moneys received and disbursed by them pursuant to this act.

*10. License to be filed with county clerk - fees — penalty. 10. Any person, who shall be licensed by said board to practice dentistry, shall cause his or her license to be registered with the county clerk of any county or counties, in which such person may desire to engage in the practice of dentistry, and the county clerks of the several counties in this State shall charge, for registering such license, a fee of twenty-five cents for each registration. Any failure, neglect or refusal, on the part of any person holding such license, to register the same with the county clerk, as above directed, for a period of six months, shall work a forfeiture of the license, and no license, when once forfeited, shall be restored, except upon the payment to the said board of examiners, of the sum of twenty-five dollars, as a penalty for such neglect, failure or refusal.

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AN ACT in regard to the descent of property.[ Approved April 9, 1872. In force July 1, 1872. L. 1871-2, p. 352.]

1. Rules of descent. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That estates, both real and personal, of residents and non-resident proprietors in this State dying intestate, or whose estates or any part thereof shall be deemed and taken as intestate estate, after all just debts and claims against such estates are fully paid, shall descend to and be distributed in manner following, to wit:

First-To his or her children and their descendants, in equal parts; the descendants of the deceased child or grandchild taking the share of their deceased parents in equal parts among them.

Second-When there is no child of the intestate, nor descendant of such child, and no widow or surviving husband, then to the parents, brothers and sisters of the deceased and their descendants, in equal parts among them, allowing to each of the parents, if living, a child's part, or to the survivor of them if one be dead, a double portion; and if there is no parent living, then to the brother and sister of the intestate, and their descendants.

Third-When there is a widow or surviving husband, and no child or children, or descendants of a child or children of the intestate, then (after the payment of all just debts), one-half of the real estate and the whole of the personal estate shall descend to such widow or surviving husband as an absolute estate forever, and the other half of the real estate shall descend as in other cases, where there is no child or children or descendants of a child or children.

Fourth-When there is a widow or surviving husband, and also a child or children or descendants of such child or children of the intestate, the widow or surviving husband shall receive, as, his or her absolute personal estate, one-third of all the personal estate of the intestate. [Gauch v. St. Louis M. L. Ins. Co., 88 Ill. 254.

Fifth-If there is no child of the intestate or descendant of such child, and no parent, brother or sister or descendant of such parent, brother of sister, and no widow or surviving husband, then such estate shall descend

CHAP. 39.

in equal parts to the next of kin to the intestate in equal degree (computing by the rules of the civil law), and there shall be no representation among collaterals, except with the descendants of brothers and sisters of the intestate; and in no case shall there be any distinction between the kindred of the whole and the half blood.

Sixth-If any intestate leaves a widow or surviving husband and no kindred, his or her estate shall descend to such widow or surviving husband.

Seventh-If the intestate leaves no kindred, and no widow or husband, his or her estate shall escheat to and vest in the county in which said real or personal estate, or the greater portion thereof, is situated.

[As amended by act approved May 25, 1877. In force July 1, 1877. See " ch. 49; R. S. 1845, P. 545, 8 46; L. 1877, p. 94: Sutherland v. Parkins, 75 III. 338; Potts v. Davenport, 79 Ill. 455; Sutherland v. Sutherland, 69 Ill. 481; Padfield v. Escheats," Padfield, 78 Ill. 16; Oglesby Coal Co. v. Pasco, 79 Ill. 164; Voris v. Sloan, 68 III. 588; Townsend v. Radcliffe, 44 Ill. 446; Cross v. Carey, 25 Ill. 562; Parsons v. Ely, 45. 232; Riley v. Loughrey, 22 Ill. 97; York v. York, 38 Ill. 522; Bishop v. Davenport, 58 III. 105.

2. Illegitimates. § 2. An illegitimate child shall be heir of its [*418] whom its mother might have inherited, if living; and the lawful mother and any maternal ancestor, and of any person from issue of an illegitimate person shall represent such person, and take, by descent, any estate which the parent would have taken, if living.

Second-The estate, real and personal, of an illegitimate person, shall descend to and vest in the widow or surviving husband and children, as the estate of other persons in like cases.

Third-In case of the death of an illegitimate intestate leaving no child or descendant of a child, the whole estate, personal and real, shall descend to and absolutely vest in the widow or surviving husband.

Fourth-When there is no widow or surviving husband, and no child or descendants of a child, the estate of such person shall descend to and vest in the mother and her children, and their descendants-one-half to the mother, and the other half to be equally divided between her children and their descendants, the descendants of a child taking the share of their deceased parent or ancestor.

Fifth-In case there is no heir as above provided, the estate of such person shall descend to and vest in the next of kin to the mother of such intestate, according to the rule of the civil law.

Sixth-When there are no heirs or kindred, the estate of such person shall escheat to the State, and not otherwise.

[R. S. 1845. P. 547. § 53; L. 1853, p. 255, §§ 1, 2; Blacklaws v. Milne, 82 Ill. 505; Miller v. Williams, 66 Ill. 91.

3. Child legitimated. §3. An illegitimate child, whose parents have intermarried and whose father has acknowledged him or her as his child, shall be considered legitimate. [R. S. 1845, P. 547, § 52.

4. Advancements. § 4. Any real or personal estate given by a n intestate in his life-time as an advancement to any child or lineal descendant, shall be considered as part of the intestate's estate, so far as it regards the divisions and distribution thereof among his issue, and shall be taken by such child or other descendant towards his share of the intes

tate's estate; but he shall not be required to refund any part thereof, although it exceeds his share.

[R. S. 1845, P. 563, § 128; Ball v. Palmer, 81 Ill. 373; Taylor v. Taylor, 4 Gilm. 303; Cartwright v. Wise, 14 Ill. 417; Bay v. Cook, 31 Ill. 336; Bishop v. Davenport, 58 Ill. 105; Barnes v. Hazzleton, so III. 430; Gratton v. Gratton, 18 Ill 167.

5. Value of real estate advanced. § 5. If such advancement is made in real estate, and the value thereof is expressed in the conveyance or in the charge thereof made by the intestate, or in the written acknowledgment thereof by the party receiving it, it shall be considered as of that value in the divisions and distribution of the estate; otherwise, it shall be estimated according to its value when given.

6. Value of personalty advanced- excess. 6. If such advancement is made in personal estate of the intestate, the value thereof to be estimated the same as that of real estate; and if, in either case, it exceeds the share of real or personal estate, respectively, that would have come to the heir so advanced, he shall not refund any part of it, but shall receive so much less of the other part of the intestate's estate as will make his whole share equal to the shares of other heirs who are in the same degree with him.

7. Advancement must be in writing. 7. No gift or grant shall be deemed to have been made in advancement unless so expressed in writing or charged in writing, by the intestate, as an advancement, or acknowledged in writing by the child or other descendant.

8. Death of person advanced. § 8. If a child or other descendant so advanced dies befor the intestate, leaving issue, the advancement shall be taken into consideration in the division or distribution of the estate of the intestate, and the amount thereof shall be allowed accordingly by the representatives of the heirs so advanced, as so much received towards their share of the estate, in like manner as if the advancement had been made directly to them.

9. Posthumous child. § 9. A posthumous child of an intestate shall receive its just proportion of its ancestor's estate, in all respects as if he had been born in the life-time of the father.

[R. S. 1845, P. 547, $54; Smith v. McConnel, 17 Ill. 140; Detrick v. Migatt, 19 Ill. 146; McConnel v. Smith, 23 Ill. 616; McConnel v. Smith, 39 Ill. 279.

10. Child born after will effect-effect of marriage. § 10. If, after making a last will and testament, a child shall be born to any testator, and no provision be made in such will for [*419] such child, the will shall not on that account be revoked; but unless it shall appear by such will that it was the intention of the testator to disinherit such child, the devises and legacies by such will granted and given, shall be abated in equal proportions to raise a portion for such child equal to that which such child would have been entitled to receive out of the estate of such testator if he had died intestate, and a marriage shall be deemed a revocation of a prior will.

[R. S. 1845, P. 539, § 13; In re Tuller, 79 Ill. 99; A. B. F. M. v. Nelson, 72 Ill. 564.

11. Death of devisee being child, etc., before testator, § 11. Whenever a devisee or legatee in any last will and testament, being

CHAP. 40.

a child or grandchild of the testator, shall die before such testator, and no provision shall be made for such contingency, the issue, if any there be, of such devisee or legatee, shall take the estate devised or bequeathed as the devisee or legatee would have done had he survived the testator, and if there be no such issue at the time of the death of such testator, the estate disposed of by such devise or legacy shall be considered and treated in all respects as intestate estate.

[R. S. 1845, P. 539, § 14; Handberry v. Doolittle, 38 Ill. 202.

12. Distribution of undevised estate. § 12. All such estate, both real and personal, as is not devised or bequeathed in the last will and testament of any person, shall be distributed in the same manner as the estate of an intestate; but in all such cases the executor or executors, administrator or administrators, with the will annexed, shall have the preference in administering on the same. [R. S. 1845, p. 545, $42.

[$ 13, repeal, omitted. See "Statutes," ch. 131, § 5.

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AN ACT to revise the law in relation to

SECTION

II.

12.

Proof of foreign marriage.
Restraint of wife.

13. Custody, etc., of children.

14.

Wife may sue as a poor person.

15. Alimony pending the suit.

16. Name.

17. Property.

18. Alimony-children.

19.

Alimony in case of bigamy.

20.

Lien of decree-sales.

21.

To punish advertising for divorces.

divorce. [Approved March 10, 1874. In force July 1, 1874.]

1. Causes. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in every case in which a marriage has been, or hereafter may be contracted and solemnized between any two persons, and it shall be adjudged, in the manner hereinafter provided, that either party at the time of such marriage was, and continues to be naturally impotent; or that he or she had a wife or husband living at the time of such marriage; or that either party has committed adultery subsequently to the marriage; or has willfully deserted or absented himself or herself from the husband or wife without any reasonable cause, for the space of two years; or has been guilty of habitual drunkenness for the space of two years; or has attempted the life of the other by poison or other means showing malice; or has been guilty

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