Sec[Section] 1 Be it enacted by the people of the state of Illinois represented in the General Assembly, That in all cases, when application has been, or shall hereafter be, made before
any circuit Court of this State to obtain an order or decree for the assignment of dower, or for partition of any
real estate, under the provisions of the act entitled “An act for the speedy assignment
of dower and partitions of real estate” approved on the sixth day of February one
thousand eight hundred and twenty seven, and the name, or mames of any person or persons interested in the Lands or premises whereof dower is asked
to be assigned, or partitions to be made, is, or may be unknown to the party making
the applicatition aforesaid, the person or persons whose name or names is, or may be unknown as aforesaid,
may be made parties to such proceeding by the name and descriptions of unknown proprietors,
or owners of the premises, or as the unknown heirs of any person who may have been
interested in the same; but in all such cases when persons whose names are unknown are made parties to any proceeding, the
party making the application, shall at the time of filing the petition attach thereto
an affidavit, stating that the names of the persons made parties as aforesaid are
unknown, and process shall issue against such persons by the name and description
given in the petition, and notice of the pendency of the application shall be given
to such parties by publication, as is required to be given to non residents by the
above recited act,
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and when such notice shall be given, the court shall act in the premises, as though the parties so notified, had been notified by
their proper names.
Sec 2 In suits or proceedings under the provisions of this act, and the act to which
this is an amendment, the court shall have power to hear and determine the same according to the rights of the parties
interested, as fully and completely as if all persons interested, had been made parties
by their proper names: Provided that during the pendency of any such suit or proceeding
any person claiming to be interested in the premises to be assigned or aparted, may
appear and answer the petition, and assert his, or her rights by way of interpleader,
and the court shal decide upon the rights of persons appearing as aforesaid, as though they had been
made parties in the first instance
Sec 3 If in any suit or proceeding under the provisions of this act, and the act to
which this is an amendment, the court shall order a sale of any lands or premises, and the person making the sale, shall
report to the court, that no person has appeared to claim or receive the money belonging to any non resident,
or person whose name is unknown, the court shall thereupon require the money belonging to the persons not claiming as aforesaid,
to be deposited in the Treasury of the State, subject to the further order of the court, and all money required to be deposited as aforesaid, shall be received by the State
Treasurer,
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and paid out upon the order of the court.
Sec 4 When money shall be deposited in the State Treasury under the provisions of this
act, the person or persons entitled to the same, may at any time apply to the court making the order of sale, and obtain an order for the same, upon making satisfactory
proof to the court of his, or her[,] or their right thereto.
Sec 5 In all suits in chancery, and suits to obtain the title to lands heretofore commenced
or instituted, or which may hereafter be commenced or instituted, in any of the courts
of this State, if there be persons interested in the same whose names are unknown, it shall be
lawful to make such persons parties to such suits or proceedings, by the name and
description of persons unknown; or unknown heirs or devisees of any deceased person
who may have been interested in the subject matter of the suit previous to his or
her death: but in all such cases, an affidavit shall be filed, by the party desiring
to make any unknown person a party, stating that the names of such persons are unknown,
and process shall be issued against all parties by the name and description given
as aforesaid; and notices given by publication as is required in proceeding against
non residents Shall be sufficient to authorise the court to hear and determine the suit as though all parties had been sued by their proper
names.
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Sec 6 All decrees, orders, judgments[,] and proceedings, had or made, under the provisions of this act, and the act to which
this is an amendment, shall be as binding and conclusive upon the parties and persons
interested, as though all of such parties and persons had been sued by their proper
names.
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No 83
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“An act authorising suits against persons whose names are unknown in certain cases”
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[02]/[23]/[1837]
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Com on Judy[Committee on the Judiciary]
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3d Reading.
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Engrossed
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com.[committee] Judiciary.
Handwritten Document, 6 page(s), Folder 128, HB 137, GA Session 10-1, Illinois State Archives (Springfield, IL) ,