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 Pebruary, one thousand

---

eight hundred and twenty-seven, and the name or names 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 application aforosaid, the person or persons whose name or names is, or may be unknown as aforesaid, may be made parties to such proceedings by the name and description of unknown proprietor or owners of the premises, or as the unknown heirs of any person who may have been interested in the same; but in all 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, and when such notice shall be given, the courtshall act in the premises as though the parties so notified had been notified by their proper names.2

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 aparted3 may appear and answer the petition, and assert his or her rights by way of interpleader, and the court shall 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, 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.

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.

Sec. 7. Commissioners appointed to assign dower or make partition of real estate, may make reports to the court, during the same term at which they were appointed and the court may, at such term, make all such orders upon such reports as may be necessary to a final disposition of the case.

Approved 27th February, 1837.