Whereas, from the number of persons, some known, others unknown, some residents, and others non-residents of this state, and 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 Madison county, to wit:

About eight acres of land in the town of Alton, owned by Nathaniel Pope, John Reynolds, heirs of William B. Whiteside, heir of N. Edwards, and others, lying and being bounded as follows, to wit: Southerly on the Mississippi river and North street, northerly by the north line of said town, and westerly on Market street and Henry street, easterly by part section twelve and thirteen, in town five, north, range ten west, of the third principal meridian; the said tract of land in front of section eleven, same township and range; also, certain lots owned by some of the beforementioned proprietors, lying upon Mechanics’ square in said town, as the same was laid out in fractional section eleven, as laid out by Rufus Easton, which said land and lots are in common and undivided among the aforesaid proprietors, is extremely difficult, if not impracticable, under the laws now in force, regulating partition of real estate, Therefore,

Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That it shall and may be lawful, to and for 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 as aforesaid, for, on behalf of themselves and all others interested, jointly or as tenants in common with them generally without naming them, representing the difficulty and impracticability of a division of said parcels of land, and 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 eight weeks, in some newspaper printed in the county of Madison aforesaid, which notice shall describe the land sought to be sold, and shall call on all those interested aforesaid, to appear at the presentation of said petition, and show cause, if any they have, why a sale should not be had.

Sec. 2. If no good sufficient cause be shewn, the court, on due proof of the publication of the notice as aforesaid, and it appearing that a partition of said lands is extremely difficult, if not impracticable for the causes aforesaid, shall order a sale of said lands, and shall appoint three disinterested householders resident in said county of Madison,

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to make sale of (the) same, who, or a majority of them are hereby authorized to sell the same.

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

Sec. 4. It shall be the duty of said commissioners to subdivide the eighty acre tract of land, laying out the same into streets and 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 sale shall be made of the lots so laid out; and the streets shall be, and forever remain free public and common highways and streets.

Sec. 5. 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, and all other particulars of sale, which if approved by said court shall be valid and effectual; and 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 and effectual, to pass to the purchasers respectively, or their assigns, an estate in fee simple to the premises purchased, discharged of all claim or title, which all or any person may have or have had in and to the same, and who is or was, jointly, or as tenant in common, interested petitioners aforesaid.

Sec. 6. That a plat of said subdivision of the aforesaid 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, and a copy of the record of same, after having been filed by the keeper of the records, shall be received in all courts as full evidence of the subdivision aforesaid, and have the same effect as the original.

Sec. 7. That the money received by the commissioners aforesaid, after deducting all expenses, shall be paid into the treasury of the state, there to remain until paid out as hereinafter provided.

Sec. 8. That any person, or the representative of any

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person, can serve 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, aforesaid, showing his interest in said property; having previously given a notice by publication for four weeks in some newspaper printed in said county, after intention so to do, which notice shall specify the interest claimed by him, there divided, and on said court being satisfied of his interest whatever it may legally appear to be, the court shall order a certificate under seal of court to issue in favor of the petitioner, which certificate shall order what proportion of the purchase money aforesaid is due to the petitioners; and 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, and shall be paid accordingly by the treasurer of the state, out of the moneys so paid in by the commissioners aforesaid.

Sec. 9. If any of the commissioners aforesaid shall die, resign, or refuse to act, before the completion of the duties required of them by this act, it shall be the duty of said court in the term of the judge of same in vacation, on such death, resignation, or refusal being made apparent, to appoint other householder resident of said county, to supply such vacancy, who shall act in the premises, and so on, as often as any vacancy occur, as aforesaid.

Sec. 10. The commissioners hereby appointed shall each give bond with security, to be approved of the by 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, and shall receive for their services each, the sum of three dollars per day for every day they shall be necessarily employed in the duties aforesaid, and shall be entitled to retain out of the moneys received by them their compensation, and to pay out of the same all other necessary expenses attending the execution of the duties hereby enjoined, the compensation and expenses being first allowed by the court aforesaid.

Sec. 11. That in all cases where any person interested as aforesaid, shall become the purchaser of any part of said land, the certificate issued in favor of such person shall be received by the commissioners aforesaid, as so much money; and the certificate, with the receipt of the person entitled endorsed, shall be received by the treasurer of the state as money to the amount of the receipt endorsed.

This act to take effect from and after its passage.

Approved, 21st July, 1837.