dower is allotted out of other lands, the acceptance of such allotment shall be a waiver and release of the estate of homestead of the person entitled to dower, and his or her children, unless it shall be otherwise or dered by the court.

[R. S. 1845, p. 202, § 25; Peyton v. Jeffries, 50 Ill. 143; Walsh v. Reis, 50 Ill. 477. 38. Report-approval by court-effect — possession. $38. The commissioners shall make report in writing, signed by at least two of them, showing what they have done, and if they have made a division, describing the premises allotted by metes and bounds or other proper description; and the allotment so made, if approved by the court, shall vest in the person entitled thereto an estate in the lands and tenements set off and allotted to him or her for and during his or her natural life; and the court shall forthwith cause such person to have possession by writ directed to the sheriff for that purpose.

[R. S. 1845, p. 202, § 25; Lane v. Bommelmann, 17 Ill. 97.

39. When property cannot be divided without injury. 39. When the estate out of which dower is to be assigned consists of a mill or other tenement which cannot be divided without damage to the whole, and in all cases where the estate cannot be divided without great injury thereto, the dower may be assigned of the rents, issues and profits thereof, to be had and received by the person entitled thereto as tenant in common with the owners of the estate, or a jury may be impaneled to inquire of the yearly value of the dower therein, who shall assess the same accordingly, and the court shall thereupon enter a decree that there be paid to such person as an allowance in lieu of dower, on a day therein named, the sum so assessed as the yearly value of such dower, and the like sum on the same day of each year thereafter during his or her natu ral life, and may make the same a lien on any real estate of the party against whom such decree is rendered, or cause the same to be otherwise secured.

[R. S. 1845, P. 202, § 28; Scammon v. Campbell, 75 Ill. 223; Walker v. Walker, 2 Brad. 420; Summers v. Babb. 13 Ill. 483; Peyton v. Jeffries, 50 Ill. 143: Stow v. Steel, 45 Ill. 333; Meyer v. Pfeiffer, 50 Ill. 486; Wheeler v. Dawson, 63 Ill. Hitt v. Scammon, 82 Ill. 519: Walsh v. Reis, 50 ll. 478; Bonner v. Peterson, 44 Ill. 261; Donoghue v. City of Chicago, 57 Ill. 235; Atkin v. Merrill, 39 Ill. 63.

54

40. How lien may be enforced. § 40. Whenever any such decree is made a lien on any real estate, as provided in the preceding section, and a sale of such real estate shall become necessary to satisfy any such installment, the property shall be sold subject to the lien of the installments not then due, unless the court shall at the time direct otherwise, and subsequent sales may, from time to time, be made to enforce such lien as the installments may become due, until all the installments are paid.

[L. 1859, p. 48, § 1; Osborne v. Horine, 17 Ill. 92; Atkin v. Merrill, 39 Ill. 63. 41. Damages. § 41. Whenever, in any action brought for the purpose, a surviving husband or wife recovers dower in any lands, he or she

shall be entitled to recover reasonable damages from the time of [*428] his or her demand, and a refusal to assign reasonable dower,

which may be assessed by the court, or a jury, if required, may be impaneled for that purpose, and execution may issue therefor.

[R. S. 1845, p. 202, § 26; Simpson v. Ham, 78 Ill. 203; Turney v. Smith, 14 Ill. 242 ; Strawn y. Strawn, 50 Ill. 257; Atkin v. Merrill, 39 Ill. 63; Bonner v. Peterson, 44 ill.

254.

42. Powers of court. 42. The commissioners shall, at all times, be subject to the direction of the court; and any one or more of them may, before the final confirmation of the report, be removed, and others appointed in their stead. [Fees of Commissioners. See Fees and Salaries," ch. 53, $ 30.

43. Proceedings to assign dower by heirs, etc. § 43. Heirs, or, if under age, their guardians, or any other persons interested in lands, tenements or hereditaments, may also petition the court to have dower assigned to the person entitled thereto, which shall be proceeded in in the same manner as is prescribed in other cases.

[R. S. 1845, p. 202, § 31; Clark v. Burnside, 15 Ill. 62.

44. In proceeding to sell real estate, etc. § 44. Whenever application is made to a county court for leave to sell real estate of a deceased person for the payment of debts, or for the sale of real estate of any ward, as authorized by law, and it appears that there is a dower and homestead, or either interest in the land sought to be sold, such court may in the same proceeding, on the petition of the executor, administrator, guardian, or conservator, or of the person entitled to dower and homestead, or either, therein, cause the dower and homestead, or either, to be assigned, and shall have the same power, and may take like proceedings therefor, as hereinbefore provided for assignment of dower. [As amended by act approved March 29, 1875. In force July 1, 1875. L. 1859, p. 92, I. L. 1875, p. 75.

45. Waste. § 45. No person who is endowed of any lands shall commit or suffer any waste thereon on penalty of forfeiting that part of the estate whereupon such waste is made to him or them that have the immediate estate of freehold or inheritance in remainder or reversion, but every person so endowed shall maintain the houses and tenements, with the fences and appurtenances, in good repair, and shall be liable to the person having the next immediate estate of inheritance therein for all damage occasioned by any waste committed or suffered by him or her. [R. S. 1845, p. 202, 30.

46. Dower not released by conveyance by order of court, except, etc. § 46. No person who sells and conveys lands by order of court for the payment of debts shall be deemed to have relinquished, by reason of such conveyance, any right of dower which he or she may have in such lands, unless his or her relinquishment is specified in the deed or conveyance. [R. S. 1845, p. 203, § 34.

47. Repeal. § 47. Section 78 of an act entitled An act in regard to the administrations of estates," approved April 1, 1872, is hereby repealed; Provided, that this section shall not be so construed as to affect any rights existing or actions pending at the time this act shall take effect.

sioners. 153. Commissioners separate districts. 154. Classification of districts for tax

155. Classification-notice- review.
156. Meeting to hear objections.
157 Finding of commissioners.

158. Appeal from decision of commissioners

150

Mauner of appeal and to whom. 160 Power of board of appeal.

161

Map-record-report

162. Drainage commiss'r-appointment.

CHAP. 42.

SECTION

163. Corporate authority of district- tax.
164. Tax-how computed-separate fund.
165. Contract with other counties.
166. Purposes of act.

PAYMENT OF BENEFITS IN
DRAINAGE DISTRICTS.

167. Petition-time and place of hearing.
168. Notice of filing petition.

169

Evidence in support of petition.

170. Hearing-effect on assessment.

DRAINS, DITCHES AND LEVEES.

AN ACT to provide for the construction, reparation and protection of drains, ditches and levees, across the lands of others, for agricultural, sanitary and mining purposes, and to provide for the organization of drainage districts. Approved and in force May 29. 1879. L. 1879, p. 120.*

*1. Drainage districts. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That drainage districts may be organized and established as hereinafter provided.

Declared constitutional; Blake v. People, 109-504: Huston v. Clark, 112-344.

*2. Petition therefor. § 2. Whenever a majority of the owners of lands within a district proposed to be organized, who shall have arrived at lawful age and who represent one-third (1-3) in area of the lands to be reclaimed or benefited, desire to construct a drain or drains, ditch or ditches, levee or levees, or other work to be known in this act as a "drainage and levee district;" or "drainage and levee work," across the lands of others, for agricultural, sanitary or mining purposes, or to maintain and keep in repair any such drain or drains, ditch or ditches, levee or levees, heretofore constructed under any law of this State, or to establish in said district a combined system of drainage or protection Irom overflow, independent of levees, for agricultural, sanitary or mining purposes and maintain the same by special assessments upon the property benefited thereby, such owners may file, in the county court of any county in which the greater part of the lands to be affected by said drain or drains, ditch or ditches, levee or levees, or other work proposed to be constructed, maintained or repaired, shall lie, a petition signed by a majority of the owners of said lands, within said district proposed to be organized as aforesaid, setting forth the proposed name of said drainage district, the necessity of the same, with a description of proposed starting points, route and terminus of the work and a general description of the lands proposed to be affected, with the names of the owners, when known, and, if the purpose of said owners is the repair and maintenance of a ditch or ditches, levee or levees, or other work, heretofore constructed under any law of this State, said petition shall give a general description of the same, with such particulars as may be deemed important and may pray for the organization of a drainage district, by the name and boundaries proposed, and for the appointment of

*An act to revise an act and certain sections thereof, entitled "An act to provide for the construction," etc., as in the text above, approved and in force May 29, 1879, as amended by certain act; herein entitled, and to repeal certain. laws therein mentioned is now produced complete. The only sections not amended or repealed are §§ 1 and 66-70, both inclusive.