ted with any of the parties, either by consanguinity or affinity, and entirely disinterested; each of whom shall take an oath before the court, or some justice of the peace, fairly and impartially to make partition of said lands, in accordance with the judgment of the court, as to the rights and interests of parties, if the same can be done consistently with the interests of the estate: and the said commissioners shall go upon the premises and make partition of said lands, tenements and hereditaments, assigning to each party, his or her share, by metes and bounds; and may make report, which shall be under their hands and seals, to the court, during the same or next succeeding term, at which they were appointed; and the court may, at the term when such report shall be made, make all such orders upon such reports as may be necessary to a final disposition of the case.

SEC. 10. The commissioners to be appointed under this chapter, shall be allowed as a compensation for their services, one dollar per day each, to be taxed as other costs.

SEC. 11. When any lands, houses or lots, are so circumstanced that a division thereof can not be made without manifest prejudice to the proprietors of the same, and the commissioners appointed to divide the same, shall so report to the court, the court shall thereupon give an order to said commissioners, or other person or persons, to sell such lands, houses and lots, or houses and lots, at public vendue, upon such terms, and by giving notice of sale as the court shall direct; and who shall make and execute good and sufficient conveyance or conveyances to the purchaser or purchasers thereof, which shall operate as an effectual bar, both in law and equity, against such owners or proprietors, and all persons claiming under them and the commissioners or persons making such sale, shall report their proceedings to the court, and shall pay over the moneys arising therefrom, to the parties entitled to receive the same, under the direction of the court: the court to make such order in relation to costs as shall seem right.

SEC. 12. When a sale of any lands or premises shall be made, in accordance with the preceding section, and no person shall appear to claim such portions of the money as may belong 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. 13. When money shall be deposited in the State treasury under the provisions of this chapter, 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. 14. No plea in abatement shall be received in any suit for partition, nor shall such suit abate by the death of any tenant.

26

APPROVED: March 3, 1845.

SECTION 1. Every poor person who shall be unable to earn a livelihood in consequence of any bodily infirmity, idiocy, lunacy or other unavoidable cause, shall be supported by the father, grand-father, mother, grand-mother, children, grand-children, brothers or sisters of such poor person, if they or either of them be of sufficient ability. And every person who shall fail or refuse to support his or her father, grand-father, mother, grand-mother, child or grand-child, sister or brother, when directed by the county commissioners' court of the county where such poor person shall be found, whether such relative reside in the same county or not, shall forfeit and pay to the said county commissioners, for the use of the poor of their county, the sum of five dollars for every month for which they or either of them shall fail or refuse, to be recovered in the name of the county commissioners' court, for the use of the poor as aforesaid, before any justice of the peace, or any other court having jurisdiction: Provided, That when any persons become paupers from intemperance or other bad conduct, they shall not be entitled to support from any relation, except parent or child.

SEC. 2. The children shall first be called on to support their parents, if there be children of sufficient ability, and if there be none of sufficient ability, the parents of such poor person shall be next called on, and if there be no parents or children, the brothers and sisters of such poor person shall next be called on, and if there be no brothers or sisters, the grand-children of such poor person shall next be called on, and then the grand-parents: Provided, Married females, whilst their husbands. live, shall not be liable to a suit.

SEC. 3. When any such poor person shall not have any such relatives in any county in this State, as are named in the preceding sections, or such relative shall not be of sufficient ability, or shall fail or refuse to maintain such pauper, then the said pauper shall receive such relief as his or her case may require, out of the county treasury, in the manner hereinafter provided.

SEC. 4. When any non-resident, or any other person not coming within the definition of a pauper, shall fall sick or die in any county of this State, not having money or property to pay his board, nursing and medical aid, it shall be the duty of the

overseers of the poor of the proper district, or if their be none, then of the nearest county commissioner of the county, upon complaint being made, to give or order to be given such assistance to such poor person as they may deem just and necessary; and if said sick person shall die, then the said overseers or county commissioner shall give or order to be given to such person, a decent burial: and the said overseers or county commissioners shall make such allowance for board, nursing, medical aid or burial expenses as they shall deem just and equitable; which allowance shall be laid before the county commissioners' court, and the said court shall allow either the whole, or such reasonable and just part thereof as ought to be allowed, and order the same to be paid out of the county treasury.

SEC. 5. The justices of the peace in each justice's district, in conjunction with such other person as the county commissioners in the several counties in this State, may appoint, shall be, and are hereby made, overseers of the poor, and are vested with the entire and exclusive superintendence of the poor in their respective districts, excepting in case of corporate towns or cities, to which such superintendence and jurisdiction shall be by law granted.

SEC. 6. It shall be the duty of said justices within their respective districts, and the person appointed as aforesaid, diligently to inquire after all such persons as are unable to earn a livelihood, in consequence of any bodily infirmity, idiocy, lunacy or other unavoidable cause, and to provide for them the necessary comforts of life, by confiding the care of such poor person or persons to some moral and discreet householder or householders in the district, of sufficient ability to provide for them. Every person to whom the care of such poor person shall be committed, shall execute a bond to the county in which said poor person shall reside, conditioned that he will treat said poor person with humanity, and afford to him or her the necessary attention and comforts of life, fitted to his or her condition. Said bond shall set forth the sum to be given by said county for keeping such poor person or persons.

SEC. 7. Said overseers shall, at each session of the county commissioners' court, make a full report of their actings and doings under this chapter, and return a list of all the poor within their respective districts, specifying the age, sex and infirmities of each.

SEC. 8. Upon the making of said report, it shall be the duty of the several county commissioners' courts, to make such appropriations as will justify the person having the custody of any poor person, in affording to him or her suitable clothing, and such comforts as may be suitable to their state and condition.

SEC. 9. Any sum set forth in the bond executed by any county as aforesaid, may be lessened or increased at the discretion of said county, without affecting, in either case, the validity of the bond.

SEC. 10. The county commissioners' court may, at any regular term of said court, remove any poor person from the custody of the person or persons to whose care the overseers may have committed the keeping of such poor person, without subjecting the overseers or the county, to any claim for damages.

SEC. 11. The overseers, in fixing the amount to be paid for keeping any poor person, shall take into the calculation the ability of the poor person to labor.

SEC. 12. Any person becoming chargeable as a pauper in this State, shall be chargeable as such pauper in the county in which he or she resided at the commencement of the thirty days immediately preceding such person becoming so chargeable.

SEC. 13. If any person shall become chargeable in any county in which he or she did not reside at the commencement of the thirty days immediately preceding

his or her becoming so chargeable, he or she shall be duly taken care of by the proper authority of the county where he or she may be found; and it shall be the duty of the clerk of the county commissioners' court, to send notice by mail, to the clerk of the county commissioners' court of the county in which such pauper resided, as before stated, that said person has become chargeable as a pauper, and requesting the authorities of said county to remove the said pauper forthwith, and to pay the expense accrued in taking care of him or them.

SEC. 14. If said pauper, by reason of sickness or disease, or by neglect of the authorities of the county to which he or she belongs, or for any other sufficient cause, can not be moved, then the county taking charge of such individual or individuals may sue for and recover from the county to which said individual or individuals belong, the amount expended for and in behalf of such pauper or paupers, and in taking care of the same.

SEC. 15. The term "residence" mentioned in this chapter, shall be taken and considered to mean the actual residence of the party, or the place where he or she was employed, or in case he or she was in no employment, then it shall be considered and held to be the place where he made it his or her home.

SEC. 16. If any person shall bring and leave any pauper or paupers in any county in this State, wherein such pauper is not lawfully settled, knowing him or them to be paupers, he shall forfeit and pay the sum of one hundred dollars for every such offence, to be sued for and recovered by and to the use of such county, by action of debt, before any justice of the peace in the proper county.

SEC. 17. The county commissioners' court in each county, is hereby authorized (whenever it shall see fit so to do) to establish a poor-house.

SEC. 18. The county commissioners are hereby authorized to take to the county, by grant, devise or purchase, any tract of land, not exceeding six hundred and forty acres, for the purposes of said poor-house.

SEC. 19. Said county commissioners' courts are hereby empowered to receive donations to aid in the establishment of such poor-house, and are also empowered, from time to time, if it shall see fit, to levy and collect a tax, not exceeding onefourth of one per cent., on the taxable property of the county, and to appropriate the same to the purchase of land, not exceeding the aforesaid six hundred and forty acres, and to erect and furnish buildings suitable to a poor-house, and to put it into operation, and to defray the annual expenses of said poor-house, should the labors of the inmates be inadequate thereto.

SEC. 20. Said county commissioners' courts are hereby authorized to employ such agents and other persons as may be necessary, to establish and put into operation such poor-house.

SEC. 21. Whenever any county commissioners' court shall enter upon their records, that they have established a poor-house, and that such poor-house is ready for the reception of the poor of the county, then the authority conferred upon. the overseers of the poor, shall cease to be in force in said county: Provided, however, If there be any particular case or cases which the court should deem prudent to put out under the provisions of this chapter, they may do so, making a proper entry of the circumstances upon their records.

SEC. 22. The title to the property authorized to be acquired by this chapter, for the purpose of said poor-house, shall be made to the county.

SEC. 23. The county commissioners' court of any county in this State may, if they shall at any time deem it to the interest of said county, appropriate out of any

fund appropriated to said county for any purpose, or other money belonging to said county, any sum, not exceeding two thousand five hundred dollars, for the purpose of purchasing a farm, and erecting thereon suitable buildings for a poor-house for said county, as contemplated in sections seventeen, eighteen and nineteen of this chapter.

APPROVED: March 3, 1845.

CHAPTER LXXXI.

PENITENTIARY.

SECTION

8. Inspectors to meet once in each month; shall keep minutes.

9. One inspector to visit penitentiary once in each week.

10. Warden to report once in each month. 11. Police regulations and discipline.

12. Each convict to have a bible.

13. List and particular description of each convict to be kept in a book.

14. Convicts may be paid for extra work.

15. Weekly record made, of behavior and health of convicts.

16. Compensation for extra work, how applied.

17. Inspectors not to have pecuniary interest.

18. Inspectors and warden to be sworn.

19. Each inspector to give bond.

20. Warden to give bond.

21. Spirituous liquors forbidden.

22. Inspectors may lease penitentiary,

SECTION

23. Lease not to affect pardoning power.

24. No right to remove prisoners to another building.

25. Copies of lease, how disposed of.

26. Lessee, on becoming warden, to be sworn.

27. Lease not transferable except by written consent.

28. Proposals for leasing, to be received.

29. Warden, unless he be the lessee, not to be interested, &c.

30. Governor may remove inspector for misconduct, and appoint a successor.

31. On leasing, inventory of personal property to be made.

32. How such property disposed of.

33. I penitentiary be not leased, how expenses paid, and convicts employed.

34. Compensation of inspectors.

35. Convicts, how and where confined; convicts, how and by whom conveyed to penitentiary; duty of sheriff.

36. Sheriff, conveying convicts, to employ guards; duty and compensation of sheriff.

37. Duty of warden, &c., as to receiving and safely keeping convicts.

38. Warden, how punished for violation of duty.

39. Flogging, when to be inflicted.

40. Warden to be treasurer of the penitentiary; to keep books; make monthly reports.

SECTION 1. The Governor, by and with the advice and consent of the senate, shall appoint three inspectors of the penitentiary, who shall hold their offices for the term of two years, and until others are in like manner appointed and qualified.

SEC. 2. The said inspectors, or a majority of them, shall have power, and it shall be their duty, from time to time, to examine and inquire into all matters connected with the government, discipline and police of the penitentiary at Alton, which is committed to their care; the punishment and employment of the prisoners therein confined; the moneyed concerns and contracts for work to complete the penitentiary, and the purchase and sale of the articles provided for the said penitentiary, or sold on the account thereof: they shall have power to make rules and regulations for the management of the said penitentiary and the officers therein employed, and to require the warden, from time to time, to render a minute and