Vandalia Whig and Illinois intelligencer. [volume] (Vandalia, Ill.) 1832-183?, 1833-02-27

enuant or defendants 10 appear and answer the SAID
demand, on the second day of the succeeding term ;
which shall be executed by the sheriff by delivering
copy of the petition and summons to the defendant
and each of them if there be more than The
petitions and summons shall not go tothe rules but
the proceedings shall be had in cour. and shall be
docketed to the second day.
Sec a. The sheriff or other officer in his return.
shall note the day days on which it shall have
been executed, and whenever it shall appear there
from, that it was executed ten days Or before
the return day, Judgment shall be rendered the frs,
term, subject to be continued for good cause shewn,
but if the process shall not have been executed ten
days before the sitting Of the court to which the same
is made returnable, continuance shall be entered
unless trial shall be had by consent Of parties.
Sec. 5. The said petition shall standin the place
OF a declaration; the defendant Defendants may
appear aud plead, and then an issue nay be Joined
as in actions of det such bond noe, but if the
defendant or defendants, shall not appear and plead
the plaintiff may take judgement, or at his option
judgment by default, in other cases.
and writ of inquiry, which if practicable, may be
forthwith executed, and judgment rendered thereon
Provided, that if the defendant defendants, at any
time before the writ of inquiry shall be executed,
shall appear and plead to the isste the writ of in
qury shall be set aside.
Sec. 6. After verdict the act d jeofails shall ap-
ply as in actions of debt heretofor; nothing in this
act shall prohibit any person. who hall choose so to
do, from suing in the ordinary wayas if this act had
for delivering cory Of the petition and summons,
shall he the fees for simialduties the clerk
shall receive the like fees for similaEervces.
Sec. Z. When a petition shall hive been filed
cording to the provisions Of tits act and affidavit
to hold to bail, herein provided there shall be IS
sued by f he shall be satisfied there is good
cause). a capias, and an ordf to hold to BAIL is
now provided by law. lDsuch cases the affidavit
stall be as near ma be, in the following form to
wit:
M,
STATE OF ILlason' S. h A. B, , hantf in til. the
oath and saith, that be has real subssting and un-
satisfied cause of action against c. ID the defend
ant, which the OF action set out in the
avove petitibn, and amounts to the sum of - and
further thatth plaintiff will be in danger of losing
his debt, unless the defendant be held to bail.
Signed A. B.
Sw a" to AID 1S bs da before sf B. Clerk
Which afidavits may be made before the clerk of
the proper county, or before any Justice OF the peace
in said state. This act to take aec and be in force
from and after the first day of June next
An act supplementary to act eatitledan act rela-
tive to wills and teStainents executor; and admin
istrators, and the settlement Of esta,es'
Sec. !. Be it enacted By the People ofthe State Of
Illinois, rep esented in tie General Assembly, That
judges of probate shall have power and they are
hereby required, to revoke letters OF administration,
in all cases where the have been, hereafter
may be, granted to any person upon the false and
fraudulent pretence of being creditor of the estate
upon which administration has been, or may be gran
ted, or upon any other false pretence whatever.
SEC 2. Aud in all controversies arising under this
act the Judges of probate shall proceed hear and
determine the and, if it shall appear that such
letters fraudulently obtained By such admins
traitor, the court shall revoke the and give udg
ment against the administrator for all costs of suit,
and issue execution therefor, as in other cases.
SEC. 3. In all cases where any Judge OF probate
shall hereafter revoke any letters Of administration
he shall proceed to grant the to such person or
persons may be entitled thereto.
SEC In all where the intestate at his death
shall leave property of the description specified
to be apart to the widow by the several acts here
tofore passed, relative to wills and testaments, the
widow shall be entitled to other property, the val
ue of the same in money and it shall be the duty vi
the administrator or judge of probate TO allow the
value of the articles specified by law be set apart
to the widow of any interstate, to be allowed her in
money, other personal property at her election
any law to the contrary Notwithstanding.
SEC S. That it shall be the duty Of each and eve
nv executor or administrator to fix on certain term
of the court Of probate within nine months from the
time of his her being qualified as such executor or
administrator for the settling and adjusting all claims
against such decedent, and give public notice thereof
in some public newspaper within tint state required
by law and also by putting up written or printed
of the most public places in the county, notifying
and requesting all persons having claims against said
pstate attend said term OF the pobate court for
the purpose of having the same adjusted, sand notice
to be gven for at least weeks previous t. said day,
when and where each claimant shall produce his or
her claim in writing; and if no objection be made to
said claim by the administration, willow, guardian,
heirs or Others Interested in said estatc the claimant
shall be permitted to swear that such claim is Just and
unpaid or that the same correct after allowing all
lust credits; and if objections be made to said claim,
Inreyious to SAID claim being to, the account
shall be adjudicated is required by law. All
persons who do not avail themselves of the opportu-
nity of having their claims adudicated at the said
term Of the court shall have the power to proceed
against the executor or administrator is pre-
scrbed BY law Popided that estates shall be answer
able for the costs CD the CLAIMS filed at before said
term, but not after and Prorded further, that
ecution shall be issued against any executor or adj
minisrator for the term of year from the date Of
hi'or her letters testamentary or of administration
SEC, 6. The administrator Of an executor, OF Of
an administrator, shall enter into sufficient bond
with approved security to cover the damages that
might accrue by forfeiture Of the same, and shall
have power, and he is hereby, required to make ina
settlement of the unsettled estate under all the liza
bties, and with all the privileges of an administers
tor de bons non, and in all Of advertisements
notice required of executors or administrators, the
notice or advertisement may be made in any newspa
section of an act to which this is amendment re
oures executors and administrators to cause at'ver
tisements to be published in the neares newspaper
this state, be, and the same is hereby repealed.
i Orr 10 sNOvr,r ,ner