A Bill for An act for the relief of Nathaniel Pope and ^others^

Whereas from the number of persons, some known others unknown some residents & others non residents of this State & from the uncertainty who are interested arising from the non recording in many instances as it is believed, of the deeds under which some interested claim; a partition of the following described property situate in the county of Madison in this State, to wit, (here set out the same) is extremely difficult if not impracticable under the laws now in force regulating partition of real estate; Therefore,

SS.[Section] 1. Be it enacted by the people of the State of Illinois represented in the General assembly, That it shall & may be lawful to ofer one or more of those interested jointly or as tenants in common of said parcels of land to petition the circuit court of the county of Madison aforesaid for & on behalf of themselves & all others, interested jointly or as tenants in common with them, generally without naming them, representing the difficulty—& impracticability—of a division of said parcels of land & praying for a sale of the same; provided however that a notice shall be given of the contemplated petition by publication for the space of eights weeks in some newspaper printed in the county of Madison aforesaid, which notice shall describe the land sought to be sold & shall call on all those interested as aforesaid to appear at the presentation of said petition & their cause if any they have why a sale should not be had.

SS. 2. Be &^c[etc.]1 If no good sufficient cause be shewn the court on due proof of the publication of the notice as aforesaid, & it appearing that a partition of said land is extremely difficult if not impracticable for the causes

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aforesaid shall order a sale of said lands & shall appoint three disinterested householders resident in said county of Madison to make sale of same, who or a majority of them are hereby authorised to sell the same.

SS. 3. Be &^c The terms of said sale shall be one fourth of ^purchase money^ cash, one fourth in six months & the residue in twelve months from the day of sale, the purchasers giving notes with approved indorsers for the payment of the instalments, payable in future. The sale shall be had on the premises & before the term of court next succeeding the order of sale; notice shall be given by the said commissioners by advertisement published for four weeks in a newspaper printed in the county of Madison aforesaid, of the time, terms, & place of sale

SS. 4. Be &^c It shall be the duly of said commissioners to subdivide the eighty-acre tract of land laying ^out^ the same into streets & lots corresponding as near as may be with the plan of alton as now recorded in the recorder’s office of the county of Madison aforesaid, agreeably to which subdivision, the same shall be made of the lots, so laid out & the streets shall be & forever remain free public & common highways & streets

SS. 5. Be &^c The commissioners shall report their proceedings to the said circuit court at the term thereof next succeeding said sale, with the names of the purchasers the sums bid by them & all other particulars of sale, which if approved by said court shall be valid & effectual, & it shall be the duty of the said commissioners or a majority of them on full payment being made of the purchase money to execute to the purchasers respectively or their assigns a deed or deeds for the lots purchased by them respectively, which deeds so executed shall be valid & effectual to pass to the purchasers respectively

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or their assigns an estate in fee simple absolute to the premises purchased, discharged of all claims or title, which all or any person may have or have had in & to the same & who is or was jointly or as tenant in common interested with the petitioners aforesaid

SS. 6. Be &^c That a plat of said subdivision of the eighty-acre tract of land certified by the commissioners aforesaid or a majority of them shall be recorded in the office of recorder of the county of Madison aforesaid & a copy of the record of same certified by the keeper of the records shall be received in all courts as full evidence of the subdivision aforesaid & have the same effect as the original.

SS. 7. Be &^c That the money received by the commissioners aforesaid, after deducting all expences shall be paid into the Treasury of the State there to remain until paid out as hereinafter provided.

SS. 8. Be &^c That any person or the representatives of any person concerned as joint tenant or as tenant in common as aforesaid in said property may file his petition in the Circuit Court of the county of Madison as aforesaid showing his interest in said property having previously given a notice by publication for four weeks in some newspaper printed in said county of his intention so to do, which notice shall specify the interest claimed by him & how divided, & on said court being satisfied of his interest whatever it may legally appear to be the court shall order in certificate under seal of court to issue in favor of the petition, which certificate shall declare what proportion of the purchase money aforesaid is due ^to the petitioner^ & the said certificate shall entitle the person so found to be interested or his assigns to the proportion of the money aforesaid, expressed in the same, & shall be paid ac-

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cordingly by the Treasurer of the state out of the moneys so paid in by the Commissioners aforesaid.

SS. 9. Be &^c If any of the commissioners aforesaid shall die, resign or refuse to act before the completion of the duties required of him by this act, it shall be the duty of said court in term time or of the judge of the same in vacation on such death resignation or refusal, being made apparent, to appoint another householder resident of said county to satisfy such vacancy, who shall act in the premises, & so on as often as any vacancy shall occur as aforesaid.

SS. 10. Be &^c The commissioners hereby appointed shall each give bond ^with security^ to be approved of by the said court or the judge in vacation before entering on the duties of commissioner for the faithful performance of the duties required of him by this act & shall receive for their services each the sum ofdollars per day for every day they shall be necessarily employed in the duties aforesaid & shall be entitled to retain out of the monies received by them their compensation & to pay out of the same all other necessary expences attending the execution of the duties hereby enjoined, the compensation & expences being first allowed by the court aforesaid.

SS. 11. Be &^c That in all cases when any person interested as aforesaid shall become the purchaser of any part of said land the certificate issued in favour of such person shall be rec^d[received] by the commissioners aforesaid as so much money [...?] & the certificate with the receipt of the person entitled endorsed thereon shall be received by the Treasurer of the State as money to the amount of the receipt so indorsed.

This act shall take effect &^c