First To his or her children and their descendants, in equal parts; the descendants of the deceased child or grandchild taking the share of their deceased parents in equal parts among them.

Second-When there is no child of the intestate, nor descendant of such child, and no widow or surviving husband, then to the parents, brothers and sisters of the deceased, and their descendants, in equal parts among them, allowing to each of the parents, if living, a child's part, or to the survivor of them if one be dead, a double portion; and if there is no parent living, then to the brothers and sisters of the intestate, and their descendants.

Third-When there is a widow or surviving husband, and no child or children, or descendants of a child or children. of the intestate, then (after the payment of all just debts), one-half of the real estate and the whole of the personal estate shall descend to such widow or surviving husband as an absolute estate forever.

Fourth-When there is a widow or a surviving husband, and also a child or children, or descendants of such child or children of the intestate, the widow or surviving husband shall receive as his or her absolute personal estate, one-third of all the personal estate of the intestate.

Fifth-If there is no child of the intestate, or descendant of such child, and no parent, brother or sister, or descendant of such parent, brother or sister, and no widow or surviving husband, then such estate shall descend in equal parts to the next of kin to the intestate, in equal degree (computing by the rules of the civil law), and there shall be no representation among collaterals, except with the descendants of brothers and sisters of the intestate; and in no case shall there be any distinction between the kindred of the whole and the half blood.

Sixth-If any intestate leaves a widow or surviving husband and no kindred, his or her estate shall descend to such widow or surviving husband.

Seventh-If the intestate leaves no kindred, and no widow or husband, his or her estate shall escheat to the state.

hild.

§ 2. An illegitimate child shall be heir of its mother Illegitimate and any maternal ancestor, and of any person from whom its mother might have inherited, if living; and the lawful issue of an illegitimate person shall represent such person, and take, by descent, any estate which the parent would have taken, if living.

Second-The estate, real and personal, of an illegitimate person, shall descend to and vest in the widow or surviving husband and children, as the estate of other persons in like

cases.

Third-In case of the death of an illegitimate intestate leaving no child or descendant of a child, the whole estate,

When parents

have intermarried.

Personal estate

personal and real, shall descend to and absolutely vest in the widow or surviving husband.

Fourth-When there is no widow or surviving husband, and no child or descendants of a child, the estate of such person shall descend to and vest in the mother and her children, and their descendants-one-half to the mother, and the other half to be equally divided between her children and their descendants-the descendants of a child taking the share of their deceased parent or ancestor.

Fifth-In case there is no heir as above provided, the estate of such person shall descend to and vest in the next of kin to the mother of such intestate, according to the rule of the civil law.

Sixth-When there are no heirs or kindred, the estate of such person shall escheat to the state, and not otherwise. § 3. An illegitimate child, whose parents have intermarried, and whose father has acknowledged him or her as his child, shall be considered legitimate.

4. Any real or personal estate given by an intestate as advancement in his life-time as an advancement to any child or lineal de scendant, shall be considered as part of the intestate's estate, so far as it regards the divisions and distribution thereof among his issue, and shall be taken by such child or other descendant towards his share of the intestate's estate; but he shall not be required to refund any part thereof, although it exceeds his share.

Real estate advanced.

Value of ad

mated.

$ 5. If such advancement is made in real estate, and the value thereof is expressed in the conveyance or in the charge thereof made by the intestate, or in the written acknowledgment thereof by the party receiving it, it shall be considered as of that value in the divisions and distribution of the estate; otherwise, it shall be estimated according to its value when given.

§ 6. If such advancement is made in personal estate of vancement esti- the intestate, the value thereof to be estimated the same as that of real estate; and if, in either case, it exceeds the share of real or personal estate, respectively, that would have come to the heir so advanced, he shall not refund any part of it, but shall receive so much less of the other part of the intestate's estate as will make his whole share equal to the shares of other heirs who are in the same degree with him. 7. No gift or grant shall be deemed to have been made in advancement unless so expressed in writing or charged in writing, by the intestate, as an advancement, or acknowledged in writing by the child or other descendant.

in

Advancement expressed writing.

When descend

intestate.

§ 8. If a child, or other descendant so advanced, dies ant dies before before the intestate, leaving issue, the advancement shall be taken into consideration in the division or distribution of the estate of the intestate, and the amount thereof shall be allowed accordingly by the representatives of the heirs so advanced, as so much received towards their share of the

estate, in like manner as if the advancement had been

made directly to them.

child.

§ 9. A posthumous child of an intestate shall receive its Posthumous just proportion of its ancestor's estate, in all respects, as if he had been born in the life-time of the father.

vision is made.

§ 10. If, after making a last will and testament, a childWhen no proshall be born to any testator, and no provision be made in such will for such child, the will shall not on that account be revoked; but unless it shall appear by such will that it was the intention of the testator to disinherit such child, the devises and legacies by such will granted and given, shall be abated in equal proportions to raise a portion for such child equal to that which such child would have been entitled to receive out of the estate of such testator if he had died intestate, and a marriage shall be deemed a revocation of a prior will.

When devisee or legatee shall

§ 11. Whenever a devisee or legatee in any last will and testament, being a child or grandchild of the testator, die. shall die before such testator, and no provision shall be made for such contingency, the issue, if any there be, of such devisee or legatee, shall take the estate devised or bequeathed as the devisee or legatee would have done had he survived the testator, and if there be no such issue at the time of the death of such testator, the estate disposed of by such devise or legacy shall be considered and treated in all respects as intestate estate.

Undevised es

12. All such estate, both real and personal, as is not tate." devised or bequeathed in the last will and testament of any person, shall be distributed in the same manner as the estate of an intestate; but in all such cases the executor or executors, administrator or administrators, with the will annexed, shall have the preference in administering on the

same.

13. The following acts and parts of acts are hereby repealed, to-wit: Sections thirteen, fourteen, forty-six, fortyseven, fifty-one, fifty-two, fifty-three, fifty-four and one hundred and twenty-eight, of chapter one hundred and nine of the Revised Statutes of 1845; an act entitled "An act to amend an act concerning 'Wills,"" approved February 11, 1847; an act entitled "An act concerning the descent of property in this state," approved February 12, 1853; an act entitled "An act to amend an act concerning the descent of real property in this state." approved February 12, 1853, approved February 11, 1857, also all other acts inconsistent with the provisions of this act: Provided, that nothing contained in this section shall be so construed as to affect any suits that may be pending, or any rights that have accrued at the time this act shall take effect.

APPROVED April 9, 1872.

Acts repealed.

DRAINS AND LEVEES.

In force July 1, AN ACT to provide for the construction and protection of drains, ditches, levees and other works.

1871.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenAcross lands ever one or more owners or occupants of lands shall desire

of others.

Petition.

Notices.

County court

to construct a drain or drains, ditch or ditches, across the lands of others for agricultural and sanitary purposes, such person or persons may file a petition in the county court of the county in which the drain or drains, ditch or ditches shall be proposed to be constructed, setting forth the necessity of the same, with a description of its or their proposed starting point, route and terminus; and if it shall be deemed necessary for the drainage of the land of such petitioners that a levee or other work be constructed, the petitioners shall so state and set forth a general description of the same as proposed, aud may pray for the appointment of commissioners for the construction of such work, pursuant to the provisions of this chapter.

§ 2. Such petition having been filed, as provided in the preceding section, the petitioners shall cause at least two weeks' notice to be given by posting notices in at least three of the most public places in each congressional township through which the drain or drains, ditch or ditches, levee or other work is or are proposed to be constructed, or if the same shall not be inhabited, in the nearest inhabited township, and by publishing a copy thereof in some newspaper published in the county in which the petition is filed, at least once in each week for two successive weeks; or if no newspaper is published in such county, then in the nearest newspaper published in the state. Such notice shall state when and in what court the petition is filed, the starting point, route and termins of the proposed drain or drains, ditch or ditches, or levee; and if a levee or other work is intended to be constructed in connection therewith, shall so state, and at what term of court the petitioners will ask a hearing upon such petition.

83. The county court in which such petition shall be to hear petition. filed, may hear the petition at any probate or law term thereof, and may determine all matters pertaining thereto under this act, and may adjourn the hearing from time to time, or continue the case for the want of sufficient notice, or other good cause.

Lands in differ ent counties.

§ 4. In case the drain or drains, ditch or ditches, levee or other work proposed to be constructed shall pass through or over, or be constructed upon lands lying in different

counties, the petition may be filed in the county court of either of such counties.

ested may con

5. On the hearing of any petition filed under the pro- Parties intervisions of this chapter, all parties through or upon whose test. land any of the proposed work may be constructed, or whose land may be damaged or benefited thereby, may appear and contest the necessity or utility of the proposed work, or any part thereof, and the contestants and petitioners may offer any competent evidence in regard thereto. If it shall appear to the court that the proposed drain or drains, ditch or ditches, levee or other work is, or are necessary, or will be useful for the drainage of the lands proposed to be drained thereby for agricultural and sanitary purposes, the court shall so find, and appoint three competent per- Commissioners. sons as commissioners to lay out and construct such proposed work. In case the lands to be drained shall be situated in different counties, not more than two of the commissioners shall be chosen from any one of such counties. If the court shall find against the petitioners, the petition shall be dismissed at the cost of the petitioners.

to take oath.

36. Before entering upon the duties of their office, Commissioners such commissioners shall take and subscribe an oath faithfully to discharge the duties of their office without favor or partiality, and to render a true account of their doings to the court by which they were appointed, whenever required by law or by the order of the court.

7. They shall elect one of their number chairman, Chairman and and may elect one of their number, or some other

as secretary.

person,

secretary.

Land to be examined by com

§ 8. A majority of the commissioners shall constitute a quorum. quorum, and a concurrence of a majority of their number in any matter within their duties, shall be sufficient. $ 9. As soon as may be after their appointment, or within such time as the court may direct, the commission- missioners. ers shall examine the land of the petitioners proposed to be drained, and the lands over or upon which the work is proposed to be constructed, and inquire and determine

First-Whether the starting point, route and terminus. of the proposed drain or drains, ditch or ditches, and if a levee or other work is proposed, the proposed location thereof, is or are in all respects proper or most feasible; and if not, what is or are so.

! Second-The probable cost of the proposed work, including all incidental expenses, and the expenses of the proceeding therefor.

Third-What lands will be injured thereby, and the probable aggregate amount of all damages such lands will sustain by reason of the laying out and construction of the proposed work.

Fourth-What lands will be benefited by the construc tion of the proposed work, and whether the aggregate