mm 111 ii iilt 111 ikimin lirti f ■ n tetA iiiil* fiii!i-yi!*itoi m (^XixmW ICaui i^rlynol IGihrarg KFI1327.H9T" """""">' '""'"^ iinluiuMi'iiiifiinJS'"^"' °' deeds : 3 1924 024 669 412 Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924024669412 THE Acknowledgment of Deeds, CONTAINING ALL THE Statutes, Territorial and State, of Illinois, ON THE SUBJECT WITH A TREATISE ON ACKNOWLEDGMENTS IN GENERAL AND SOME SPECIAL TOPICS, AND A SYLLABUS OF THE POWERS OF VARIOUS OFFICERS AND COURTS TO TAKE ACKNOWLEDGMENTS, PROOFS, ETC., UNDER SUCH STATUTES, DECISIONS OF THE COURTS CONSTRUING DIFFERENT PROVISIONS OF THE LAW. BY , • JOHN E. HUNT, OF THE CHICAGO BAK. FIRST EDITION. CHICAGO. PUBLISHED BY THE AUTHOK. 1896. Copyright, 1896, BY '■ , John E. Hunt. PREFACE. The preparation of this work was suggested by the- collecting of some of the material found herein as a mat- ter of convenience to the author in the examination of abstracts of title. Finding the collection useful as a. means of saving time in looking up the law, it was thoughts an enlargement and publication of the same would prove- pf similar value to the bar of Illinois. Besides a number of special topics, there are published, in this volume all the laws of Illinois, territorial and_ State, including the session laws of 1895, which in any- way relate to the acknowledgment or proof of deeds,, conveyances, or other writings relating to real estate, and. the decisions of the courts down to and including the 158 Illinois Reports, the 42 Northeastern Reporter, the 60 Illinois Appellate Reports, the 159 U. S. Reports, the 15 Supreme Court Reporter, the 71 Federal Reporter, the 22 Federal Cases, all of Bissell's and MdLean's Re- ports, and all the cases reported at the present date con- struing the laws above mentioned. John E. Hunt. Chicago, March 1, 1896. CONTENTS. ^ .{. ^ Acknowledgments in general 7 Acknowledgments — when are they necessary? 13 Acknowledgments by Married Womeij 15 Manner of Acknowledgment or Proof and Contents of Certificate 19 Curative Laws 22 Repealing Acts 27 A Syllabus of the Laws concerning Powers of Officers and courts to take Acknowledgments, etc. , 29 'The Source of Our Laws 49 Laws of Illinois on Acknowledgments 50 ♦ ♦ ♦ ACKNOWLEDGMENTS IN GENERAL. Definition of Acknowledgment. — An acknowl- edgment is "the act of acknowledging." It is "a de- claration or avowal of ones own act to give it validity ; as the acknowledgment of a deed before a proper officer",* or "the act of one who has executed a deed, in going before some competent officer or court and de- claring it to be his act and deed".t Certificate of Acknowledgment. — The certificate of acknowledgment is the written declaration by the officer or court before whom the acknowledgment is taken that the act of acknowledging has been per- formed. Distinction between AcknoTvledgment and Certificate. — The term acknowledgment is often, though improperly, used to designate the certificate. Strictly speaking, the acknowledgment denotes the act and the certificate the legal declaration of the performance of that act. The one is made by the person who has exe- cuted the deed or instrument and the other by the officer or court. A Creation of Statutes. — Acknowledgments were 'unknown to the common law. Sealing and delivery were the only requisites of the due execution of a deed under that system of laws as adopted by the Territory and State of Illinois. Signing has been sebsequently added as one of the requirements, and acknowledgments, which are an *Webster's Dictionary. fBouvier's Law Dictionary. 8 ACKNOWLEDGMENTS IN GENERAL. ■outgrowth of sealing and signing, are of modern origin and a creation of statutes. Their object is that of legal proof of the execution of the deeds or instruments to which they are attached. Though an important part of writ- ings relating to real estate under the laws of Illinois, they are not absolutely necessary to tlie validity of deeds or conveyances, and execution thereof may be proved by any other legal evidence, except in certain cases of conveyances and releases by married women and releases of the right of homestead exemption and the execution of plats, where acknowledgment is an •essential feature, and without which such conveyances, releases or plats are null and void. Improvemeut on the Common Law. — The pro- tection afforded a grantee in a deed by the common law was inadequate. As sealing and delivery were all that were necessary it was often difficult to prove the execution of a deed: Just why sealing was used then instead of signing is not definitely known, but, perhaps, because of the fact that but few persons in those times copld write their names. Those of the early Saxons who could write subscribed- their names to deeds and those who could not affixed the sign of the cross instead.* At the time of the Conquest the Normans introduced their waxen seals in the place of signing, f and since the time of Edward III sealing has been a necessary requisite of deeds.! In those times every person of landed pro- perty had his own particular seal, which consisted of an' impression made on wax. And though we, under the Illinois laws, have retained these essential requirements of the common law, except that it is not now necessary *Blackstone II, p. 305. tBlackstone II, p. 306. JWashburn Rl. Prop. Ill, p. 244. ACKNOWLEDGMENTS IN GENERAL. 9 for the seal to be of wax, there has been added the feature of signing and pf acknowledgment which though not a requirement, except in certain cases, to the vailid- ity of deeds, makes them, if acknowledged in proper form and according to the law in force at the time made, admissible in evidence in any court of the State without further proof of execution. Attestation by Witnesses. — It has been customary to witness deeds from the earliest times, though as Blackstone says: "attestation or execution in the pres- ence of witnesses is necessary rather for the preserving 'the evidence than for constituting the essence of a deed."* The ordinance of 1787 organizing the North- west Territory required two witnesses to the execution of deeds; but this was superseded by the law of 1795 which allowed but did not require witnesses. The law has been substantially the same in this respect since 1795. Proof by Subscribing Witnesses. — The statutes of Illinois from 1787 have authorized the taking of proof of conveyances by subscribing witnesses. The same offi- cers and courts who are authorized to take acknowledg- ments may take such proofs. When the proof is taken and properly certified it has the same force as a certifi- cate of acknowledgment and makes the deed admissible in evidence without further proof of execution. This feature of the law does not apply to conveyances or instruments, to which acknowledgments kve required by law as a part of the execution and without which such conveyances and instruments are invalid. Proof by Otlier Witnesses.— Since the law of 1795, in case the grantors and witnesses in any deed or convey - *Blackstone 11, p. 307. 10 ACKNOWLEDGMENTS IN GENERAL. ance are deceased or cannot be had, the officers or courts authorized to take acknowledgmgnts have been allowed to take the examination of any witness or witnesses, on oath or affirmation, to prove the handwriting of such deceased witnesses, or where such proof cannot be had, then to prove the handwriting of the grantor or grantors, which shall be certified by such officer or court taking the same and shall have the same force as proof made by subscribing witnesses .noted above. This law, likewise, does not apply to conveyances to which acknpwledgments are required by law as an essential feature and without which such conveyances and instru- ments are invalid. Certificate of Magistracy. — A certificate of magis- tracy is a certificate by an officer or court, authorized by law to grant such certificate, that the officer or court named in a certificate of acknowledgment or proof, as taking such acknowledgment or proof of a conveyance, was actually such officer or court as represented in said certificate of acknowledgment or proof and was duly acting as such officer or court. A certificate of magis- tracy is usually attached to the certificate of acknowl- edgment or proof and has been provided for by law by various statutes since 1807. It has been required mainly where a justice of the peace of another county than where the lands lie takes an acknowledgment, and also where acknowledgments are taken by certain officers outside of the State. Certificate of Conformity. — A certificate of con- formity is a certificate by an officer or court, authorized by law to grant such certificate, that a deed or convey- ance has been executed, acknowledged or proved in accordance with the forms provided by law where said ACKNOWLEDGMENTS IN GENERAL. 11 'deed or conveyance is made. The laws concerning cer- tificates of conformity relate only to deeds or convey- ances executed outside of the Sta;te of Illinois, and have y not been at all uniform. Some of the statutes require that such certificates be attached to all deeds made out- side of the State and others provide that all that is necessarry for the introduction of such deeds or convey- ances in evidence is that they 'be shown to be executed in conformity with the laws where made.. Form of Certificate of Aclcnowledginent or Proof. — The statutes of Illinois since 1827 have pre- scribed a particular manner in which the officer or court ishall take and certify an acknowledgment or proof of ■deeds or instruments of writing relating to real estate and the requirements there pointed out must be complied with substantially though not literally. Form of Certificate of Magistracy or Conformity. — The laws of this State have provided no special form for either certificates of magistracy or conformity. The statutes of 1807 and 1819 simply provide that the acknowl- edgment or proof, in reference to which a certificate of magistracy is granted, shall be duly certified by the clerk under seal; but the act of 1829 and subsequent acts provide that the certificate of magistracy shall set forth that the person before whom the acknowledgment or proof was made was the officer therein represented at the time of making the same. Since 1802, the laws which have made provision for certificates of conformity, have required such certificates to state that the acknowledg- ments or proofs to which they relate, were taken or made in accordance with the laws of the place where so taken or made. Relation Between Acknowledgment and Kec- 12 ACKNOWLEDGMENTS IN GENERAL. ord. — Some of the early laws of Illinois provided that deeds, conveyances, etc., which were not acknowledged or proved and recorded within a certain time after their execution should be held fraudulent and void as against subsequent purchasers for value unless such deeds, con- veyances, etc. , were recorded before the deeds or convey- ances under which such purchasers should claim. Later statutes and those now in force provide that all deeds, conveyances,, etc., whether acknowledged or proved or not shall be notice from the time of filing them for record against such subsequent purchasers. Record or Certified Copy of Record of Deeds. — In case an original deed or conveyance duly acknowl- edged or proved and recorded is "lost or not in the power of the party wishing to use it, the record or a transcript thereof, certified by the Recorder in whose office the same may be recorded, maybe read in evidence, in any court in this State without further proof thereof.'" ACKNOWLEDGMENTS— WHEN AEE THEY NECESSARY? The laws of Illinois have not made the acknowledg- ment of writings relating to real estate absolutely neces- sary except in certain cases. With those exceptions, acknowledgments are provided for, by the statutes of this State, solely for the sake of evidence, and, when properly certified according to the law at the time taken,, make deeds, mortgages or other instruments, to which the certificates of acknowledgment are attached, admis- sible in evidence without further proof of execution. If not so acknowledged and certified, execution may be proved by any other legal evidence, save in the follow- ing instances where acknowledgment and a certificate thereof constitute a part of the execution itself and are therefore essential, all instruments without such acknowl- edgment and certificate being null and void: FIRST — All conveyances to which resident married women were parties from August 15th, 1795 to March 27th," 1869, and to which non-resident married women were parties under all the laws, territorial or state, prior to March' 27th, 1869, by which they are authorized to execute conveyances of their- separate property and releases of dower right, except the laws of 1827 and 1847 which allowed execution of such conveyances and releases as femes sole. SECOND— ^ince July 1st, 1872, all releases of right of dower by a married woman, where she does so in a deed separately from her husband, he having been' divested 14 ACKNOWLEDGMENTS — WHEN NECESSARY? of his interest by law or otherwise. THIRD — Eelease or waiver of right of homestead as follows: From July 4th, 1851 to February 17th, 1857, by the "householder"; from February 17th, 1857 to July 1st, 1872, by the ' 'householder and his wife" ; since July 1st, 1872, by both husband and wife, if either fail to acknowl- edge, the waiver is void as to both. FOURTH— 'Pldi.is of subdivisions, lots, etc., as convey- ances of streets to a municipality, since January 4th, 1825. ACKNOWLEDGMENTS BY MAREIED WOMEN. •Common Law. "By the common law, the only mode in which a mar- ried woman had power to transfer her title or interest in real estate, was by levying a fine or suffering a common recovery."* Law of 1787, July 13. This law made no provision for the conveyance of the s,eparate estate or relinquishment of dower of married women. Superseded by law of 1795. Law of 1795, August 15. For conveyance of her separate property and release ■of dower a married woman must join in a deed with her liusband, and be examined separate and apart by one of the officers authorized to take acknowledgments, who shall examine the wife separate and apart from her hus- band and read or otherwise make known contents of •deed to her and if she shall declare she delivered the con- veyance "voluntarily" of "her own free will and accord" and "without coercion or compulsion," etc., the deed will be good "as if she were sole". The certificate must be under hand and seal of officer and placed on the back of the deed, but law does not require officer to state matters of the «camination in the certificate. Non resident mar- ried women might acknowledge in the same manner as residents before any mayor, chief magistrate or officer of cities, towns or places where conveyances were executed, *Bressler v. Kent, 61 111., 427. 16 ACKNOWLEDGMENTS BY MARRIED WOMEN. under seal of such cities, towns or places. Amended by- law of 1802. Superseded by law of 1807. Law op 1802, January 20. Deeds and conveyances made outside of the Territory might be acknowledged in conformity with the laws of the place where executed. This law does not provide specifically for conveyances or releases by married women, but uSes the words "all deeds and conveyances of lands, tenements and hereditaments". Superseded by law of 1807. Law op 1807, September 17. This law is the same as that of 1795. Repealed by law of 1819. Law op 1819, February 19. As to resident married women the law is the same as- that of 1827, except that it does not require the certifi- cate of acknowledgement to state that the wife was examined separate and apart, etc. It made no provision for non-resident married women. Repealed by law of 1827. Law op 1827, July 1. For release of dower — examination before ofiicers, authorized to take acknowledgments, separate and apart from husband, "personaly known or proved by credible witness, acquaint her with contents, executed volun- tarily, freely and without compulsion of her said hus- band." Certificate must state substance of above in full, and if proved by a witness by "naming him". For con- veyance of separate property — same as for release of dower except for , phrase "acquaint her with contents," uses "make her acquainted with and explain contents," and adds "does not wish to retract", ahd also J'y; ACKNOWLEDGMENTS BY MARRIED , WOMEN. 17 provides that conveyance shall act only as a quit claim. The law, in a separate action, also providss that a non- resident wife may release her dower or convey her repa- rate property as if she were sole. In all cases under this law, wife must join with her husband. Repealed by law of 1845. Law op 1845, September 10. Repeals law of 1827, but re-enacts all except the part relating to non-residents. Between the date of this law of 1845 and that of 1847, deeds by non-resident married women of their separate property were null and void . Whether they riiight not execute and acknowledge deeds releasing dOwer.in accordancte with the law of the place where made has not been decided. Amended by laws of 1847, 1853, and 1869. Repealed by law of 1872. Law op 1847, February 22. Re-enacts that part of the law of 1827 concerning non- resident married women. Amended and in effect repealed by law of 1853, and amended by law of 1869. Repealed by law of 1872. Law of 1858, February 11. -Cures informalities in acknowledgments by husband and wife. In effect repeals the law of 1847. Seems to allow acknowledgment if taken in manner provided for resident married women. Does not not apply to an acknowledgment taken in another State, if taken in accordance with law of that State. See 36 111., 362. Amended by law of 1869. Repealed by law of 1872. Law op 1869, March 27. If wife joins with husband, shall be concluded as a feme sole. No acknowledgement is essential, but must join with husband. Repealed by law of 1872. 18 acknowledgments by married women. Law op 1872, July 1. Same as the law of 1869. Amended by law of 1874. Law of 1874, July 1. Provision that wife need not join with her husband in a conveyance of her separate property. MANNER OP ACKNOWL:fcDGMENT OE PROOF AND CONTENTS OP CERTIPICATE. Laws Prior to 1827. None of the laws prior to 1827 prescribed any manner in which acknowledgments or proofs should be taken, except acknowledgments of inarried women which are considered elsewhere. Law op 1827, July 1. This law is the same as §24 of Law of 1872 below, omitting words between stars. Repealed by law of 1845. Law op 1845, September 10. This law is the same as §24 and §25 of law of 1872 below, omitting words between stars. Repealed by law of 1872. Law op 1872, July 1. §24. "No judge or other officer shall take the acknowl- edgment of any person to any deed or instrument of writing, as aforesaid, unless the person offering to make such acknowledgment shall be personally known to him to be the real person who and in whose name such acknowledgment is proposed to be made, or sh all be proved to' be such by a credible witness, and the judge or officer taking such acknowledgment shall, in his certificate thereof, state that such person was personally known to him to be the person whose name is subscribed to such deed or writing, as having executed_the same, or that he was proved to be such by a credible witness (naming him), and on taking proof of any deed or instru- 20 MANNER OF ACKNOWLEDGMENT, ETC. ment of writing, by the testimony of any subscribing' "witnesses, the judge or officer shall ascertain that the person who offers to prove the same is a subscribing "witness, either from his own knowledge, or from the testimony of a credible witness; and if it shall appear from the testimony of such subscribing witness, that the person whose name appears subscribed to such deed or writing is the real person who executed the same, and that the witness subscribed his name as such, in his presence and at his request, the judge or officer shall grant a certificate, stating that the person testifying as subscribing witness was personally known to him to be the person whose name appears to be subscribed to such deed, as a witness of the execution thereof, or that he was proved to be such by a credible witness (naming him), and stating the proof made by him; and where any grantor or person executing such deed or writing and the subscribing witnesses are deceased or cannot be had, the judge or officer, as aforesaid, may take proof of the hand writing of such deceased party and subscribing witness or witnesses (if any); and the exami- nation of a competent and credible witness, who shall state on oath or affirmation that he personally knew the person whose handwriting he is called to prove, and well knew his signature (stating his means of knowledge) and that he believes the name of such person subscribed to such deed or writing as party or witness (as the case may be) , was thereto subscribed by such person ; and when the handwriting of the grantor or person executing such deed or writing, and of one subscribing witness (if any there be), shall have been proved, as aforesaid, * or by proof of signature of grantor where there is no sub- scribing witness, "" the judge or officer shall grant a cer- tificate thereof stating the proof aforesaid." MANNER OF ACK^NOWLEDGMENT, ETC. 21 §25. "If any grantor shall not have duly acknowl- edged the execution of any deed or instrument entitled to be recorded, and the subscribing * witness or * wit- nesses be dead, or not to be had, it may be proved by evidence of the - handwriting of the grantor and of at least one of the subscribing witnesses, which evidence shall consist of the testimony of two or more disinter- ested persons swearing to each signature." CURATIVE LAWS. Law of 1802, January 20. All deeds, conveyances, etc. , which have been or majr be executed or acknowledged or proved according to the law of another territory, state or country declared as valid as if executed, acknowledged or proved in compliance with law of this territory, provided such conveyances, etc., if not recorded, shall be recorded within two years, from passage of this act. Repealed by law of 1807. Law of 1822, December 30. All deeds, etc. , which have been or may be executed in confromiy with laws of state or territory where made may be admitted to record; and all deeds etc., which have been executed and acknowledged in conformity with laws of state or territory where made and which, have been reduced to record in the recorder's office, declared valid. Repealed by law of 1827. Law of 1829, January 22. "All deeds and conveyances which have been or may be acknowled or proved" in manner prescribed "in this section" shall be deemed as valid as if in manner pre- scribed by law of 1827. Relates to all officers empow- ered to take acknowledgments under law of 1829, except State Auditor. (Question if the law applies to deeds and conveyances made without the United States). Repealed by law of 1845. Law of 1836, January 16. All deeds heretofore executed by any sheriff or other CURATIVE LAWS. , 23 officer for real estate sold on execution, when acknowl- edged or proved before any clerk of a court of record under seal of court, shall be admitted to record; and deeds heretofore executed by officers for real estate sold on execution, certified according to law concerning acknowledgment of deeds, shall be considered duly executed. Repealed by law of 1845. Law of 1841, February 26. All deeds, etc., which have been executed without the State but within the United States and which ' have been or may be hereafter acknowledged or proved in Conformity with the laws of the State, Territory or District where made, declared valid, provided a certifi- cate of conformity be added by a clerk of any court of record, under hand and seal. Repealed by law of 1845. Law of 1843, February 1. All acknowledgments and proofs hitherto taken by probate justices of the peace shall be valid. Repealed by law of 1845. Law of 1847, February 22. Is the same in language as law of 1829, noted above,, except amends law of 1845 instead of law of 1827. And in addition contains section "That all deeds, mortgages, conveyances, power of attorney or other writings ofiOr concerning lands or real_ estate," "which may have- been or may hereafter be executed without this State and within the United States and which have been or may hereafter be acknowledged or proved", in conformity with the laws of the "State, Territory or District" where exe- cuted, shall be admitted to record in county where lands. are situated, and may be used as evidence with but further proof of the execution thereof. Repealed by law of 1872. 24 curative laws. Law of 1847, February 24. Acknowledgment and proof of execution of any deeds, •etc. , which have been made in manner directed by act of 1845 for appointment of commissioners in other states, and certified by any one of commissioners appointed under said act, shall be as valid as if taken by any officer authorized ta take acknowledgments or proofs in this State. Repealed by Law of 1851. Law op 1849, February 8. Deeds, conveyances and powers of attorney which . have been or may be acknowledged or proved in confor- mity with laws of any ' 'foreign state, kingdom, empire or country", shall be deemed valid. Provides for any legal mode for proving execution in conformity with for- eign law. Repealed by Law of 1872. Law op 1851, February 15. All deeds, etc. , heretofore executed and acknowledged before a justice of peace of County where lands do not lie, and which are recorded Where lands lie, and to which no certificate of magistracy is attached, shall be considered legally executed, and further provides that certified copy of deeds, etc., may be admitted in evidence if a certifi- cate of magistracy is exhibited therewith. Also makes a similar provision for similar deeds, etc., executed out- side of State. Law op 1852, June 22. Declares valid the acts of David Rowland, Esq. , a com- missioner to take acknowledgment of deeds, etc., in City of Washington, performed between August 9, 1851, ■ and May 12, 1852. so far as they relate to acknowledg- ment of deeds. curative laws. 25- Law of 1852, August 22. All deeds, etc., heretofore executed by the board of trustees of the Illinois and Michig'an Canal, under seal of said board, shall be admitted in evidence without (further proof or acknowlfedgment. Repealed by law of 1874. Law of 1853, February 11. Relates to writings heretofore or hereafter executed by husband and -W^if e in good faith. Cures any informality or omission in setting- forth the particulars in the certifi- cate of acknowledgment, provided it appear in substance that they are executed freely and voluntarily, and in case of married women, that they knew contents of writing, and were examined separately and apart, etc. Does not apply to deeds acknowledged according to law of another State. Repealed by law of 1872. Law of 1869, April 19. All certificates of acknowledgments heretofore made by notaries public, taken within the State shall be as valid as if name of city, town or county for which said, notary is commissioned were stated in venue provided place in and for which notary is commissioned otherwise appears in the certificate. Repealed by law of 1872. Law of 1872, July 1. ^ Section 21 is the same as law of 1851 noted above, ex- cept part relating to deeds executed outside of State. Section 24 is same as law of 1849 noted above. Law of 1873, July 1. All acts of notaries public in this State which have been authenticated by a seal, upon which shall be en- graved words descriptive of the office and the name of the place or county where the notary resides, shall be 26 CURATIVE LAWS. held as valid as if made under this act. Law op 1874, July 1. Substantially re-enacts law of 1852, August 22, noted above. LiAW- of 1895, July 1. All 'deeds, etc., which have been acknowledged or proved before any commissioner for this State in any of the states, territories or District of Columbia, and which have been or may be recorded in county where lands lie, shall be held legally executed, acknowledged and record ed, notwithstanding no city or town where taken is men- tioned in the certificate and no certificate_ of magistracy by Secretary of State is affixed. REPEALING ACTS. Act of 1819. An Act to repeal certain laws in. force March 30, 1819, repealed all laws and parts of laws passed by any terri- torial government theretofore existing except certain laws which this volume does 'not embrace. (Gale's Statutes, page 440). Act of 1845. The statutes found in this volume which were repealed by, the Revised Statutes of 1845, in force September 10, , 1845, ' are those of July 1, 1827— January 22, 1829— Feb- ruary 27, 1833— January 16, 1836— January 16, 1837— July- 21, 1837— February 27, 1839— February 26, 1841— Febru- ary 1, 1843 — and all acts and parts of acts passed previously which were revised or reenacted by or repug- nant to said Revised Statutes of^l845. (Revised'Statutes of 1845, pages 455-470.) Act of 1874. The statutes embraced by this volume repealed by the IRevised Statutes of 1874, in force July 1, 1874, are all of the Rievised Statutes of 1845, and those of February 22, 1847— February 16, 1847— February 8, 1849— July 4, 1851— February 15, 1851— February 11, 1853— February 17, 1857 February 21, 1861 concerning married woman — Febru- -ary 21, 1861 to amend act on conveyances — June 13,' 1863 —March 9, 1869— March 27, 1869— and April 9, 1869--all of which were repealed by various laws in force July 1, 1872, except those of September 10, 1845 on cities and 28 REPEALING ACTS. towns — February 16, 1847 — February 21, 1861 concerning- married women— June 13, 1863— and March 9, 1869. The same act of 1874 provides further that ' 'all deeds or other instruments of writing affecting real estate which have been proved or acknowledged according to any law in force at the time such proof or acknowle'dgment was made, may be recorded, and the same or a certified copy of the record thereof be read in evidence notwithstanding the repeal of such laws by this or any other act of this or the twenty-seventh General Assembly" (Kurd's Revised Statutes of 1893, pages 1367-1418). A SYLLABUS OF THE LAWS CONCERNING THE POWERS VESTED IN THE VARIOUS OFFICERS AND COURTS TO TAKE THE ACKNOWLEDG- MENT OP DEEDS, CONVEYANCES, ETC., IN ILLINOIS. WJien Taken Within This Htate. AUDITOR, Law of 1829- Law of 1845. CLERKS, Law op 1827. Law OF 1829. Auditor of Public Accounts "may" take acknowledgments of any con- veyances or assignments of certifi- cates of purchase of land sold by him for taxes. Repealed by la!w of 1845. Same as the law of 1829. ed by law of 1872. Repeal- Clerk of Circuit Court, under seal of court. Amended by law of 1829. Repealed by law of 1845. Any Clerk of a court of record, under seal of office. Repealed by law of 1845. 30 SYLLABUS — ACKNOWLEDGMENTS IN STATE. Law of 1845. Clerks of Courts of record in this state having a seal. Amended by law of 1847. Eepealed by law of 1872. Law op 1847! Same as law of 1829. Repealed by law of 1872. Law op 1872. Circuit or County ClerK, or any clerk of a court of record having a seal, under seal of the court. COMMISSIONER, COUNTY, Law op 1819. County Commissioner of county where deed executed and lands lie, and, within his own county for lands in other counties if certified by County Clerk. Repealed by law of 1827; COMMISSIONER OF DEEDS, , Law of 1829. "Any commissioner to take ac- knowledgments". Repealed by law of 1845. « Law op 1845. "Commissioners authorized to take acknowledgments," and having seal. Amended by law of 1847. Repealed by law of 1872. Law of 1847. Reenacts law of 1829. Repealed by law of 1872. COMMISSIONER, UNITED STATES, SYLLABUS — ACKNOWLEDGMENTS IN STATE. 31 tiAW OF 1874. Commissioner of the United States, attested by "official seal". COURTS, . Law op 1845. Any court having a seal, under seal of court. Repealed by law of 1872. Law of 1872. Any court of record, having- a seal, under seal of court. JUDGES AND JUSTICES, Law of 1795. Judges of the general court, and justices of court of common pleas of the county where lands lie. Amended by law of 1798. Law of 1798. Judges of the Territory and justi- ces of the common pleas. Re- pealed by law of 1807. Law of 1802. Justices of common pleas of any county. Repealed by law of 1807. Law of 1807. Judges of the general court, and judges of the court of common pleas. Another section of the law limits judge of court of common pleas to his own county, unless a certificate of magistracy be added by clerk, under county seal. Re- pealed by law of 1819. Law op 1819. Justice of Supreme Court of this State. Repealed by law of 1827. 32 SYLLABUS — ACKNOWLEDGMENTS IN STATE. Law of 1826. Judge of Circuit Court of this State. Reiaealed by law of 1827. Law of 1827. Judges of the Supreme and Cir- cuit Courts of this Statfe. Repeal- ed by law of 1845. Law of 1829. Judges of the Supreme and Dis- trict Courts of- the United States arid of the Supreme, Superior or Circuits Courts of any of the Uni- ted States or their Territories. Repealed by law of 1845. Law op 1845. Any judge or justice of the State Supreme or Circuits Courts; and any judge or justice of any court of record in the State, having a seal. Amended by the law of 1847. Repealed by law of 1872. Same as the law of 1829. Repeal- ed by law of 1872. Any judge or justice of a court of record having a seal. Law of 1847. Law op 1872. JUSTICE OF PEACE Law op 1793. Any justice of peace. Amended by law of 1802. Repealed by law of 1807. Law of 1802. A justice of peace of any coun- ty. Repealed by law of 1807. Law of 1'^07. A justice of peace of the coun- ty where the lands lie, and in his ■SYLLABUS — ACKNOWLEDGMENTS IN STATE. 33 Law of 1819. Law of 1827. Law of 1829. Law of 1845. Law of 1847. Law of 1872. Note: own county for lands in other counties if certified by county clerk under county seal. Repealed by law of 1819. A justice of peace of the coun- ty where deed executed, and with- in his own county for lands in^ other counties if certified by county clerk under seal of county. Re- pealed by law of 1827. A justice of peace only in county where lands lie. Amended by law of 1829. Repealed by law of 1845. A justice of peace in county where lands lie, and for other counties if a certificate of magistracy be add- ed by Clerk of County Commis- sioner's Court of proper county under seal of office. Repealed by law of 1845. Same as law of by law of 1872. 1829. Repealed Same as law of 1829. Repealed by law of 1872. A justice of peace in county where lands lie, and for other counties if a certificate of magistracy be add- ed by County Clerk of proper county, under seal of office. A justice of the peace has had power in county where lands 34 SYLLABUS — ACKNOWLEDGMENTS IN STATE. ' lie since 1795, to take acknowl- edgments with no certificate by clerk attached. MASTEK IN CHANCERY Law op 1863 Law of 1872. Any Master in Chancery. Does not provide for any seal. Repeal- ed by law of 1874. Same as law of 1863. MAYOR OF CITY, Law of 1829. Law of 1845. Law of 1847. A mayor of a city, under seal of office. Repealed by law of 1845. Any mayor of a city, having a seal. Repealed by law of 1872. Same as law of 1829. Repealed by law of 1872. Law of 1872. Repeals all former laws. NOTARY PUBLIC, Law of 1829. Law of 1845. Law op 1847. Law of 1872. A notary public under seal of office. Repealed by law of 1845. A notary public having a seal. Repealed by law of 1872. Same as the law of 1829. Repeal- ed by law of 1872. A notary public attested by his official seal. SYLLABUS — ACKNOWLEDGMENTS OUTSIDE STATE. 35 OFFICERS, ETC., Law op 1845. Any court or officer having a seal. Repealed by law of 1872. PROBATE JUSTICE OF PEACE, Law of 1843. Probate justices of the peace given same power to take acknoWedg- ments as justices of the peace. Repealed by law of 1845. When Taken Without This State, j^ut Within the United States. CLERKS, Law of 1819. Law of 1827. Law of 1829. Law of 1847. The Clerk of county or other court of county where conveyance is ex- ecuted, under common or public seal of county. Repealed by law of 1827. Any clerk of any court of record in any of the United States or their Territories, under seal of court. Repealed by law of 1845. Any clerk of a court of record under seal of office. Repealed by law of ,1845. Same as law of 1829. by law of 1872. Repealed 36 SYLLABUS — ACKNOWLEDGMENTS OUTSIDE STATE. Law op 1872. Clerk of a county, or any clerk of the Supreme or any District or Circuit Court of the United States, or any clerk of the Supreme, Cir- cuit, Superior, District, County or Common Pleas Court of any of the United States or their territories; all to be under seal of office. COMMISSONER OF DEEDS, Law op 1829. Any Commissioner to take ac- knowledgment of deeds. Repeal- ed by law of 1845. Law of 1845. Commissioners given power to take proofs or acknowledgments. Amended by law of 1847. Repeal- ed by law of 1851. Law of 1847. Same as- law of 1829. Repealed by law of 1872. Law op 1851. Commissioners authorized by act, ' under hand and official seal, and also provides that there be attach- ed a certificate by the Secretary of State of Illinois stating that Commissioner is authorized, and that his signature is genuine. Repealed by law of 1869. Law op 1869. Commissioners authorized by act under seal of office. Repeals all former laws relating to appoint- ment of commissioners. Amended by law of 1895:, SYLLABUS — ACKNOWLEDGMENTS OUTSIDE STATE. 37 Law op 1872. Commissioners to take acknowl- edgments, certified under seal of office. •COMMISSIONER, UNITED STATES, Law op 1874. A United States Commissioner, certified under seal of office. JUDGES AND JUSTICES, Law op 1819. Judge of a superior court of the state where deed executed. Re- pealed by law of 1827. Law op 1827. Judges of Supreme or District Court of United States or Judges of the Superior Courts in any of the United States or Territories. Repealed by law of 1845. Law op 1829. Any Judge or Justice of the Su- preme or District Court of United States, or any Judge or Justice of the Supreme, Superior or Circuit Court of any of the United States or their territories. Repealed by law of 1845. Law op 1847. Same as the law of 1829. Repeal- ed by law of 1872. 'Law op 1872. Any Judge or Justice of the Su- preme , District or Circuit Courts of the United States, and any Judge or Justice of the Supreme, Cir- cuit, Superior, County, District or 38 SYLLABUS — ACKNOWLEDGMENTS OUTSIDE STATE. Common Pleas Court of any of the United States or their Territories. JUSTICE OF PEACE, Law of 1829. Any justice of the peace, if a cer- tificate of magistracy is added, by the "proper clerk." Repealed by law of 1845. Law of 1847. Same as law of 1829. Repealed, by law of 1872. Law of 1872. A justice of the peace if a certifi- cate of magistracy is added by "proper clerk" under his seal of office. MAGISTRATE OP CITY, Law of 1795. Acknowledged before any chief magistrate of cities, towns or places where executed, under com- mon or public seal of such cities, towns or places. Relates only to- deeds and conveyances by fius- band and wife. ^ Repealed by law of 1807. Law of 1807. Same as the law of 1795, but re- lates to "any persons." Repealed by law of 1819. Law of 1819. Acknowledged or proved before "mayor or other chief magistrate of the city" where executed, under SYLLABUS — ACKNOWLEDGMENTS OUTSIDE STATE. 39 MAYOR OF CITY, Law of 1795. Law of 1807. Law of 1819. Law of 1829. Law of 1847. Law of 1872. NOTARY PUBLIC, Law of 1829. common or public seal of city. Re- pealed by law of 1827. Acknowledged before any mayor of cities, towns or places where executed, under common or public seal of such cities, towns or places. Relates only to deeds and convey- ances by husband and wife. Re- pealed by law of 1807. Same as the law of 1795, but re- lates to ' 'any persons. ' ' Repealed by law of 1819. Acknowledged or proved before ' 'mayor or other chief magistrate of the city" where executed, un- der common or public seal of city. Repealed by law of 1827. Mayor of a city under seal of ofSce. Repealed by law ot 1845. Same as law of 1829. Repealed by law of 1872. Mayor of a city, under "seal of office"; and another clause pro- vides for under "seal of such city". A notary public under seal of office. Repealed by law of 1845. 40 SYLLABUS — ACKNOWLEDGMENTS OUTSIDE STATE. Law of 1847. Law of 1872. Same as the law of 1829. pealed by law of 1872. Same as the law of 1847. Ee- ■OFPICBRS, ETC., Law op 1795. Law of 1807. PLACE, LAW OF, Law of 1802. Acknowledged before any chief officer of cities, towns or places where executed, under common or public seal of such cities, towns or places. Relates only to deeds and conveyances by husband and wife. Repealed by law of 1807. Same as the law of 1795i put re- lates to ' 'all persons. ' ' Repealed by law of 1819. "All deeds and conveyances" may be acknowledged or proved accord- ing to the law of "territory, state or country" where executed, pro- vided recorded in county where lands lie within two years; and in another section provides "shall not be admitted to record" unless a certificate of conformity is at- tached by a clerk or larothonatory of a court of record or a notary public of the county under seal of court or office. Repealed by law of 1819. SYLLABUS — ACKNOWLEDGMENTS OUTSIDE STATE. 41 Law of 1822. Executed according to state or territory where made, valid. No certificate of conformity required. Repealed by law of 1827. Law of 1H41. , Acknowledged or proved accord- ing to law of State, Territory or District where made, provided a certificate of conformity is added by a clerk of any court of record, under hand and seal of court. Re- pealed by law of 1845. Law of 1845. Same as the law of 1841. Amend- ed by laws of 1847 and 1849. Re- pealed by law of 1872. Law of 1847. Acknowledged or proved accord- ing to the law of the State, Terri- tory or District where made. No- certificate of conformity required. No further proof necessary. Amended by law of 1849. Re- pealed by law of 1872. Law of 1849. Acknowledged or proved accord- ing to the law of "any foreign state, kingdom, empire or coun- try" where made; and provides for any legal mode of proving con- formity. Repealed by law of 1872. Law of 1872. Acknowledged or proved accord- ing to law of State, Territory or District where made, provided 42 SY-LLABUS — ACKNOWLEDGMENTS OUTSIDE U. S. certificate of conformity by any clerk of a court of record be added under hand and seal of such court; and that certified copies of all deeds heretofore or hereafter made and recorded in proper county, may be read in evidence if certificate of conformity be exhib- ited therewith or attached there- to. Another section provides for any other legal mode of proving- conformity. When Taken Without the United States. CLERKS, Law of 1819. Law of 1829. .Law of 1847. The Clerk of County or other court of county where conveyance is executed, under common or public seal of county. Repealed . by law of 1827. Any clerk of a court of record, under seal of ofiice. (Question if law applies.) Repealed by law of 1845. Same as the law of 1829. (Ques- tion if law applies.) Repealed by law of 1872. SYLLABUS — ACKNOWLEDGMENTS OUTSIDE U. S. 43 COMMISSIONER OF DEEDS, Law op 1829. Any commissioner to take ac- knowledgment of deeds. (Ques- tion if law applies.) Repealed by law.of 1845.' Law op 1847. Same as law of 1829. (Question if law applies.). Repealed by law of 1872. Law op 1869. Commissioners authorized by act, , under seal of office. Amended by law of 1895. CONSULS, UNITED STATES, Law op 1849 Law op 1872. COURTS, Law op 1845. Any consul of, the United States, under consulaf seal. Repealed by law of 1872. Any consul of the United States, under his official seal. Any court of any republic, state, kingdom or empire, having a seal, under official seal. If not a court of record, to be accompanied by proof of authority to take ac- ' knowledgments by foreign law. Repealed by law of 1872. Law op 1872. Same as the law of 1845. JUDGES AND JUSTICES, 44 SYLLABUS— ACKNOWLEDGMENTS OUTSIDE U. S. Law op 1819. Judge of a superior court of the State where executed. Repealed by law of 1827. JUSTICE OF PEACE, Law op 1829. Any jus'tice of the peace if a cer- tificate of magistracy is added by "proper clerk". (Question if law applies.) Repealed by law of 1845. Law op 1847. Same as law of 1829. (Question if law applies.) Repealed by law of 1872. MAGISTRATE OP CITY, Law op 1795. < Acknowledged before any chief magistrate of cities, towns or places where executed, under com- mon or public seal of such cities., towns or places. Relates only to conveyances by husband and wife. Repealed by law of 1807. Law op 1807. Same as the law of 179.5,. but re- lates to "any persons". Repealed by law of 1819. Law op 1819. Acknowledged or proved before "mayor or other chief magistrate of the city" where executed, un- der common or public seal of city. Repealed by law of 1827." MAYOR OP CITY, SYLLABUS — ACKNOWLEDGMENTS OUTSIDE U. S. 45 Law of 1795. Law of 1807. -Law of 1819. Law op 1827. Law of 1829. Law of 1845. Law of 1847. Acknowledged before any mayor of cities, towns or places where executed, under common or public seal of such cities, towns or places. Relates only to conveyances by husband and wife. Repealed by law of 1807. Same as the law of 1795, but re- lates to "any persons. " Repealed by law of 1819. Acknowledged or proved before ' 'mayor or other chief magistrate of the city "where executed, under common or public seal of city. Re- pealed by law of 1827. Acknowledged or proved before mayor of any city where executed, under seal of office. Repealed by law of 1845. Mayor of a city, under seal of of- fice. (Question if law applies.) Repealed by law of 1845. Mayor or chief officer of any city or town, having a seal, under offi- cial seal. Repealed by law of 1872. Same as the law of tion if law applies.) law of 1872. 1829. (Ques- Repealed by Law of 1872. Same as the law of 1845. 46 SYLLABUS — ACKNOWLEDGMENTS OUTSIDE U. S. MINISTEE, Law op 1872, NOTARY PUBLIC, Law of 1829. Law op 1847. OFFICERS, ETC., Law op 1795. Law op 1807. Law of 1827. Law op 1845. "Any minister or secretary of le- gation", under official seal. A notary public, under seal of office. (Question if law applies.) Repealed by law of 1845. Same as the law of 1829. (Ques- tion if law applies.) Repealed by law of 1872. Acknowledged before any chief officer of cities, towns or places where deed executed, under com- mon or public seal of such cities, towns or places. Relates only to conveyances by husband and wife. Repealed by law of 1807. Same as the law of 1795, but re- lates to "any persons. " Repealed by law of 1819. Mayor or chief officer of any city where executed, under seal of of- fice. Repealed by law of 1845. ' 'Mayor or chief officer of any city or town, having a seal", under of- fficial seal. Also any foreign "of- fficer" authorized to take acknowl- SYLLABUS — ACKNOWLEDGMENTS OUTSIDE U. S. 47 edgments by law of such foreigri country, if he have a seal, under official seal, otherwise to be ac- companied by proof of authority to take acknowledgments by for- eign law. Repealed by law of . 1872. ' IjAW of 1872. Same as the law of 1845. PLACE, LAW OF, Law of 1802. Law of 1822. Law of. 1849. "All deeds and conveyances" may be acknowledged or proved ac- cording to the law of territory, state or country where executed, provided recorded in county where lands lie within two years; and in another section provides shall not be admitted to record unless a certificate of conformity is at- tached by a clerk or prothonatory of a court of record or a notary public of the county under seal of court or office. Repealed by law of 1807. Executed according to state or territory where made, valid. No certificate of conformity required. Repealed by law of 1827. Acknowledged or proved accord- ing to law of "any foreign state, kingdom, empire or country", if certificate of conformity be at- 48 SYLLABUS — ACKNOWLEDGMENTS OUTSIDE U. S. Law of 1872. tached by any consul of the United States in said country, un- der his official seal that deed or conveyance was executed accord- ing to foreign laws, which shall be taken as prima facie evidence thereof. Provides for all deeds which'have been or may be proved or acknowledged "in any foreign state", etc., and also provides for any other legal mode of proving execution according to foreign law. Repealed by law of 1872. Same as law of 1849, but extended so as to give power to Minister of the United States as to certificate of conformity. SECRETARY, Law op 1872. "Any minister or secretary of le- gation", under official seal. THE SOURCE OP OUR LAWS. Governmental Jurisdiction and Constitutional Authority. — The territory, now embraced by the boun- daries of the State of Illinois, was originally a part of the Colony of Virginia. That portion of the cquntry afterwards known as the ' 'territory of the United States northwest of the river Ohio" was ceded to the United States by the said Colony of Virginia, March 1, 1784 and was organized into the said "territory of the United States northwest of the river Ohio" by ordinance of Con- gress, sitting under the Articles of Confederation, July 13, 1787. The Indiana Territory (which included Illinois) was organized as a separate government by an Act of Congress May 7, 1800. The Territory of Illinois was separated from the Indiana Territory and organized as a territorial government by Act of Congress February 3, 1809. Congress passed an act, April 18, 1818, enabling the people of the Illinois Territory to form a constitu- tion and state government. The new constitution, authorized by said Act of Congress, was adopted August 26, 1818. The second constitution went into force April 1, 1848, and the third August 8, 1870. Adoption of the Common Law.— -Among the acts and ordinances of the Colony of Virginia, which exer- cised jurisdiction over the unorganized territory after- wards ceded to the United States, known as the ' 'terri- tory of the United States northwest of the river Ohio", is a law in force May 6, 1776, as follows: "That the common law of England, so far as the same is applica- 50 THE SOURCE OP OUR LAWS. ble and of a general nature, and all statutes or Acts of the British parliament made in aid of, and to supply the defects of the common law, prior to the fourth year of James the First, and which are of a general nature and not local to that kingdom, shall be the rule of decision, and shall be considered as of full force until repealed by legislative authority." This law remained in force until September 17th, 1807, when by an act of the Indiana Territory there was inserted after the words "James the First" the phrase "excepting the second section of the sixth chapter of 43d Elizabeth, the eighth chapter of the 13th Elizabeth, and ninth chapter of 37th Henry Eighth", in which form the law has b'een reenacted by various statutes and has remained in force up to the present time. The words which were inserted and the excep- tions therein named, by the act of 1807, and later stat- utes, do not relate to conveyances or acknowledgments or in any way to the subjects which this, volume embraces. ( LAWS OF ILLINOIS ON ACKNOWli-EDGMENTS. OKDINANCB OF 1787. Parised by Congress, sitting under the Articles of Confederation, "for the government of the territory of the United States north- west of the river Ohio", July 13, 1TS7. Superseded by law. of August 1, 1795. Territory, one District.] 1 . Beit Ordained by tJi e Uni- ted States, in Congress assembled, That the said territory, for the purpose of temporary government, be one district, subject, however, to be divided into two districts, as future circumstances may, in the opinion of ■ congress, make it expedient. Acknowledgment of Conveyances.] 2. Be it Or- dained by the authority aforesaid, That the estate, both of resident > and non-resident proprietors in the Said terri- tory dying intestate, shall descend to and be distributed- among their children and the descendants of a deceased child in equal parts — the descendants of a deceased child or grand-child to take the share of their deceased parent . in equal parts amiong them; and where there shall be no children or descendants, then in equal parts to the next , of kin, in equal degree; and among collaterals, the chil- dren of a deceased brother or sister of the intestate shall have, in equal parts among them, their deceased parent's share. And there shall, in no case, be a distinction between kindred of the whole and half blood, saving, in all cases, to the widow of the intestate her third part of the real estate for life, and one-third iDart of the personal estate; 52 LAWS OF ILLINOIS ON ACKNOWLEDGMENTS. and this law, relative to descent and dower, shall remain in full force until altered by the legislature of the dis- trict. And until the governor and judges shall adopt laws, as hereinafter mentioned, estates in the said terri- tory may be devised or bequeathed by wills in writing, signed and sealed by him or her in whom the estate may be (being of full age) and attested by three witnesses. And real estate may be conveyed by lease and release, or bargain and sale, signed, sealed and delivered by the person,being of full age,in whom the estate may be, and at- tested by two witnesses,providedsuch wills be duly prov- ed, and such conveyances be acknowledged, or the execu- tion thereof duly proved, and be recorded within one year after proper magistrates, courts and registers shall be appointed for that purpose. And personal property may be transferred by delivery, saving, however, to the French and Canadian inhabitants, and other settlers of the Kaskaskies, St. Vincents, and the neighboring villages, who have heretofore professed themselves citizens of Vir- ginia, their laws and customs now in force among them, relative to the descent and conveyance of property. The common law of England, of a general nature, and applicable to our condition, and all statutes in aid thereof to supply defects therein, with some exceptions prior to the year 1607, were in force in Illinois after the cession by Great Britian, such having been the law of Virginia prior to the cession by that state. Lavalle v. Stro- bel, 89 111., 370. The second section of the ordinance of 1787, preserving to the French and Canadian inhabitants of Vincennes and the Kaskas- kies and neighboring villages, etc., their laws arid customs then in force relative to. the descent and conveyance of property, did not compel them to devise and convey property in accordance with their laws and customs and wills and conveyances executed by them in accordance with the requirements of the act of 1787 and' the common law are unquestionably valid. Id. LAWS OF ILLINOIS ON ACKNOWLEDGMENTS. 53 LAW OF 1795. Published June 18, 1795, to take effect August 1, 1795. Maxwell's ■Code (1796) page 102. Amended May 1, 1798. Repealed in part and amended January 20, 1802. A LAW establishing the Recorder's Office, Adoptedfrom the Pennsylvania Code, and published at Cincinnati, the eigh- teenth day of, June, one thousand seven hundred and ninety- Jive; by AfthurSt. Glair governour and J ohnCleYesSyraTnes and George Turner, judges, in and over the said territory. Recorder's Office.] Section I. There shall be an office of record, in each and every county; * * * * Acknowledgments — Officers to take — Record in twelve months.] VIII. All deeds and conveyances, which shall be made and executed within this Territory, ■of or concerning any lands, tenements or hereditaments therein, or whereby the same may be in any way affected, in law or equity, shall be acknowledged by one of the grantors or bargainors, or proved by one or more of the subscribing witnesses to such deed, before one of the judges of the general court, or before one of the justices of the court of common pleas of the county where the lands conveyed do lie; and shall be recorded in the recorder's office of the county where such lands, or hered- itaments are lying and being, within twelve months after the execution of such deeds or conveyances, and every such deed and conveyance that shall, at any time after the .publication hereof, be made and executed, and which shall not be proved and recorded, as aforesaid, shall be LAW OF 1837. In force July 21, 1837. Gale's Statutes, page 157. Repealed September 10, 1845. ' AN A GT concerning the Recording of Conveyances. All Deeds Recorded, to be Notice.] Sec. 1. Be it enacted by the people of the State of Illinois, represented in the the General Assembly, That the recording of any deed, grant, bargain, salfe, lease, release, mortgage, defeasance, conveyance, bond, contract or agreement of and concern- ing any lands, tenements, or hereditaments, or whereby the same may be affected in law or equity, whether executed within or without the state, by the recorder of the county in which the lands, tenements or heredita- ments, intended to be effected and situated, shall be deemed and taken to be notice to subsequent purchasers, and , creditors from the date of such recording, whether the said writing shall have been acknowledged or proven in conformity with the laws of the State or not; Provided, That no such writing, not acknowledged or proven in conformity with the laws of the state, to entitle the same to be recorded, shall be admitted as evidence in any court, unless execution thereof be proven in the manner required by the rules of evidence applicable to such writing.3 ; and the provisions of this act shall apply as 94 LAWS OF ILLINOIS ON ACKNOWLEDGMENTS. well to writings heretofore, as those hereafter admitted to record. A deed defectively acknowledged is not admissible in evidence vsrithout due proof of its execution. Buckmaster v. Job, 15 111., 328. An act which declares that deeds not proved or acknowledged so as to entitle them to record, when spread on the record, shall be notice to subsequent purchasers, was only intended to apply to deeds thereafter made, but had it been intended to operate on deeds pre- viously made, the legislature have no powet to alter the rights of grantees or to transfer one man"s land to another. Deininger v. McConnel, 41 111:, 228. LAW OP 1837. In force January 16, 1837. Gale's Statutes, page 156. Repealed September 10, 1845. AN A CT in relation to the title of school and canal lands. School and Canal Lands — Certificates of Pur- chase, How Acknowledged or Proved. Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That purchasers of school or canal lands, or town lots, may by endorsement in writing on their certificates of purchase, transfer and assign all right and title to the lands or lots purchased, or transfer or assignments of such certificates may be made upon a separate paper, and transferees or assignees, may in like manner transfer and assign all such certificates, and in all cases where certificates have been or shall hereafter be transferred or assigned, patents shall issue in the name of the last transferee or assignee. Provided, That the transfers or assignments, shall be proven by certifi- cate of the school or acting canal commissioner; or proven in the manner required to prove the execution of deeds of conveyance, to entitle them to be admitted to LAWS OP ILLINOIS ON ACKNOWLEDGMENTS. 95 record. This act shall take effect' from its passage. LAW OF 1839. In force February 27, 1839. Laws of 1839, page 197. Repealed September 10, 1845. AN ACT to provide for the_release and extinction of mortgages. Mortgages — Releases of, How Witnessed and Acknowledged.] Sec. •!. Be it enacted hy the people of the State of Illinois represented in the General Assembly, That from and after the passage of this act, it shall be deemed a sufficient release and extinction of any mortgage granted upon any real estate, if the mortgagee, his or, her legal representatives or assigns, shall grant a full release of the same under his, her or their seal and sig- nature, in the presence of an attesting witness, and acknowledge the execution of such release in the same manner and under the same restrictions in which deeds are acknowledged by the existing laws of this state. LAW OE 1841. In force February 26, 1841. Session Laws 1841, page 66. Repealed September 10, 1845. 'AN ACT relating to the recording or registering of convey- ances, or other instruments in writing, executed out of this State and within the United States. Deeds Executed Out of State and In United States According to Law of Place — Prospective and Curative — Certificate of Conformity. Sec. 1. Be it enacted by the people of the State of Illinois, represented in General Assembly, That all deeds, mortgages, convey- 96 LAWS OF ILLINOIS ON ACKNOWLEDGMENTS. ances, powers of attorney, or other instruraents in writ- ing, of, or concerning any lands or real estate within this State, which have or may hereafter be made and executed without this State, and within the United States, and which may hereafter be acknowledged or proved in conformity with the laws and usages of the State, Territory or District, in which any of such con- veyances or instruments have been or shall hereafter be made and executed, shall be recorded or registered in the respective counties in this State, in which the lands, tenements or hereditaments, affected by any such con- veyances or instruments, may be situate; and all convey- ances or instruments thus acknowledged or proved, are hereby declared effectual and valid in law, to all intents and purposes, as though the same acknowledgments had been taken or proof of execution made, within this State, and in pursuance of the laws thereof; Provided, That the Clerk of any Court of record with insuch State, Territory or District, shall, under his hand and the seal of such court, certify that such instrument is acknowl- edged or proved in conformity with the laws of the State, Territory or District in which it is so acknowl- edged or proved, and all deeds, mortgages, conveyances, powers of attorney or otlier instruments in writing, of, or concerning any lands or real estate within this State, which have been heretofore recorded in the respective counties in which the lands or real estate, described in, or affected by such deeds, mortgages, conveyances, pow- ers of attorney, or other instruments in writing, is situate, are hereby enacted and declared to be good and effectual, as notices to subsequent purchasers or mortgagees. Approved, February 26, 1841. A deed with certificate of magistracy by governor of Missouri, LAWS OF ILLINOIS ON ACKNOWLEDGMENTS. 97 not under seal, not admissible under the law of 1841 to show a person was justice of the peace in said territory. Buckmaster v. Job, 15 111., 328. An abstract of title furnished by a vendor of land is not insuffi- cient because it fails to show that an acknowledgment taken in another state bore a notarial seal, where the law of such state in force at the time provides that such official seal shall not be nec- essary to the validity of the certificate, — especially where the deed has been recorded for forty years, and transactions of great importance have been based upon it, Bucklin v. Hasterlik, 155111., 423, 40 N. E. Rep., 561. LAW OF 1843. In force February 1, 1843. Session Laws of 1843, page 185. Re- pealed September 10, 1845. AN ACT relative to probate justices of the x>eace. Probate Justice of the Peace— How He May Resign.] Sec. 1. Be it enacted by the people of the State of Illinois, represented ill the General Assembly, That hereafter the probate justice of the peace of any county of this State may resign his ofSce by tendering a written resig- nation thereof to the clerk of the court of county com- missioners of the County. Probate Justice, Heretofore Elected.] Sec. 3. Any election of a probate justice of the peace which may have been held before this act shall take effect to fill any vacancy in the office, whether such vacancy shall have happened by resignation or otherwise, shall be as valid and effectual as if this act had been in force at the time of the occurring of such vacancy and election. Acts of Probate Justice, Made Valid.] Sec. 4. All decrees, 'judgments, and official acts which may have been made, rendered, or done by any probate justice, whose election is confirmed by the last preceding section 98 LAWS OF ILLINOIS ON ACKNOWLEDGMENTS. of this act, shall be as valid and effectual in law as if this act had been passed previous thereto. Probate Justices to Take Acknowledgments.], Sec. '5. Probate justices of the peace shall hereafter have the same power to take and certify acknowledg- ments and proofs of deeds and other instruments, and to take affidavits and administer oaths, that" ordinary justices of the peace have, and all acknowledgments and proofs of deeds and other instruments and certifi- cates thereof, and all affidavits and oaths which have hitherto been taken or made by or before any probate justice of the peace in this State, shall be as valid and effectual as if this act had passed previous to the taking: or making of the same. Time in Force.] Sec. 6. This act shall take effect from the day of its passage. LAW OF 1845. In force September 10, 1845. Revised Statutes of 1845, page 105. Amended February 22, 1847, February 8, 1849, and February 11, 1853. Repealed July 1, 1872. CONVEYANCES. Dower May Be Released.] Sec. 15. A married woman may relinquish her right of dower, in any of the real estate of her husband, by joining him in a deed of conveyance, and acknowledging the same in the manner hereinafter prescribed. Acknowledgments — Officers to Take.] Sec. 16. Deeds and instruments of writing for the conveyance of real estate in this State, or any interest therein, whereby the rights of any person may be affected in law or equity, before they shall be entitled to record, shall be sub- LAWS OF ILLINOIS ON ACKNOWLEDGMENTS. 99 scribed by the party or parties thereto, in proper person, and acknowledged or proved before one of the following officers, to- wit: First, when acknowledged or proved within this State, before any judge, justice or clerk of any court of record in this State, having a seal; any mayor of a city, notary public, or commissioner author- ized to take the acknowledgment of deeds, having a seal, or any justice of the peace: Second, when executed and acknowledged or proved without this State and within the United States or their territories, or the District of Columbia, in conformity with the laws of such State, territory or District : Provided, That any clerk of a court of record, within such State, territory, or District, shall, under his hand and seal of such court, certify that such deed or instrument is executed and acknowledged or proved in conformity with the laws of such State, terri- tory, or District: Third^ when acknowledged or proven without the United States, before any court of any republic, State, kingdom, or empire, having a seal, or any mayor or chief officer of any city or town, having a seal, or before any officer authorized by the laws of such foreign country, to take acknowledgments of conveyances of real estate, if he have a seal, such deed to be attested by the official seal of such court or officer; and in case such acknowledgment is taken other than before a court of record, or mayor, or chief officer of a town having a seal, proof that the officer taking such acknowledgment was duly authorized by the laws of his country to do so, shall accompany the certificate of such acknowledgment. A certificate of conformity outside of state by "clerk of the county" does not make a deed admissible of record. Shephard v. Carriell, 19 111., 313. If a notory public only affixes his private seal to a certificate of 100 LAWS OF ILLINOIS ON ACKNOWLEDGMENTS. acknowledgment, it is insufficient. In a certificate which, read "Given under my hand and seal'', if it appeared, when the in- strument was produced, that it was the notary's official seal, this is sufficient. In making a transcript of a record, as. a clerk is unable to transcribe a literal copy of the seal of an officer it must be pre- sumed that the representation (being [seal] ) is an official and not a private seal. Moore v. Titman, 33 111., 358. A certificate of conformity by a prothonotary, stating a deed is acknowledged in conformity with the laws of Pennsylvania, which was acknowledged in Pennsylvania before a commissioner appointed and acting under the laws of New York, is not in com- pliance whith the statute of Illinois. Lyon v. Kain, 36 111., 363. A certificate by a clerk of a court of record in New York that a deed, acknowledged in Pennsylvania before a commissioner appoint- ed and acting under the laws of New York,is in conformity with the laws of New York, is not in compliance with our law. Id. A certificate of conformity for a deed made in another state must be under the seal of the court. A scroll is not sufficient. Skinner V. Fulton, 39111., 485. The name of the county was omitted by a justice of the peace in the caption of a certificate of acknowledgment; AeW that as there was proof that the justice who took the acknowledgment was at the time a justice of the peace of the county where taken and as such took it, and that as the court in which the deed was offered in evidence was sitting in the county where the acknowledgment was taken, the acknowledgment was sufficient. Graham v. Ander- son, 42 111., 515. A certificate of conformity by clerk of Superior Court in Massa- chusetts, dated Feb. 4, 1867, to certificate of acknowledgment dated April 11, 1818, held to be in compliance with our statute. Proof of the official character of a notary using a notarial seal is not re- quired. Harding v. Curtis, 45 111., 252. A deed acknowledged before a person describing himself in the certificate, as a clerk p?'o tempore of the United States circuit court for southern district of Illinois, held sufficient. Woodruff v. McHarry, 56 111., 218. An officer of a corporation whose duty it is to countersign and L,A"V facts, the oflBcer will be liable upon his offlcial bond to the party who so loans his money on the faith of the transaction being gen- uine and true. People v. Bartels, 138 111., 322. 27 N. E. Rep., 1091. The taking of an acknowledgment of a deed or mortgage by an officer so authorized is purely a ministerial act, and if he gives a false certificate of acknowledgment he will be liable upon his of- ficial bond to the one injured thereby. Id. In the absence of any allegation or proof of any fraud on the part of the officer taking the acknowledgment of a deed, or of any fraudulent collusion between him any interested party, the certifi- cate as to the statements made in it must prevail over the unsup- ported evidence of the grantor of the deed. Oliphant v. Leveridge,. 142 111., 160, 30 N. E. Rep., 334. Where land is conveyed to Mitchell Allen, and a deed is given, by Mitchell Allain, the latter will pass the title that was in Mitchell Allen. The names "Allen" and "Allain", being idem sonans, it will be presumed that they are the names of the same persons. Guer- tin V. Mombleu, 144 111., 32, 33 N. E. Rep., 49. Persons dealing in property affected by instruments which re- quire acknowledgment, are protected against the consequences of false acknowledgments made by officers. Bartels v. People, 1.52 111., 557, 38 N. E. Rep., 898. The right of action of the assignee of a mortgage which an of- ficer falsely acknowledges, is not a right derived through the as- signor of the mortgage by the assignment, but is original, against the delinquent officer, and representations to the acknowledging officer of the identity of the person signing are not within the scope, or apparent scope, of authority of one entrusted with funds- and to loan, will not bar a recovery b'v the owner of the funds. Id. An acknowledgment which omits the word "known" is fatallj^ defective. Blain v. Rivard, 19 App., 477. The word "notarial" before the word "seal" in a certificate of acknowledgment by a justice of the peace, is surplusage and does, not invalidate the certificate. Foster v. Latham, 21 App., 165. LAWS OP ILLINOIS ON ACKNOWLEDGMENTS. 167 " A certificate of acknowledgment in proper forrh must prevail over the unsupported testimony of the grantor that the same is false and forged. Id. Proof— Where Subscribing Witnesses Cannot Be Had.j § 25. If any grantor shall not have duly- acknowledged the execution of any deed or instrument entitled to be recorded, and the subscribing witness or witnesses be dead, or not to be had, it may be proved by evidence of the handwriting of the grantor, and of at least one of the subscribing witnesses, which evidence shall consist of the testimony of two or more disinter- ested persons swearing to each signature. Acknowledgment — Form of Certificate.] § 26. A certificate of acknowledgment, substantially in the following form,, shall be sufficient: State of (name of state), County of (name of county). I (here give name of officer and his official title) do hereby certify that (name of grantor, and if acknowl- edged by wife, her name, and add "his wife"), personally known to me to be the same person whose name is (or are) subscribed tQ the foregoing instrument, appeared before me this day in person, and acknowledged that— ^he — (she or they) signed, sealed and delivered the said instru- ment as his (her or their) free and voluntary act, for the uses and purposes therein set forth. Given under my hand and (private or official, as the case may be) seal, this (day of the month) day of (month), A. D. (year). (Signature of officer), (SEAL). Homestead — Release and Acknowledgment.] § 27. No deed or other instrument shall be construed as releasing or waiving the right of homestead, unless the same shall contain a clause expressly releasing or waiv- 168 LAWS OP ILLINOIS ON ACKNOWLEDGMENTS. ing such right. And in such case the certificate of acknowledgment shall contain a clause substantially as follows: "including the release and waiver of the right of homestead", or other words which shall expressly show that the parties executing the deed or other instru- ment intended to release such right. And no release or waiver of the right of homestead by the husband shall bind the wife unless she join in such release or waiver. Under the act of 1872, no deed shall be construed as releasing or waiving the right of homestead, unless it shall contain a clause to that effect, and the certificate of acknowledgment shall recite "including the release or waiver of the right of homestead", or contain other words expressly showing an intention to make such release or waivgr. Without such words in the certificate of ac- knowledgment as to both husband and wife, the homestead will not "be released. A release by the wife alone is not sufficient. Best v. Gholson, 89 111., 465. In a certificate of acknowledgment of a release of a homestead by a husband and wife, for the purpose of having a levy made thereon, held that the form as shown therein was good as to the wife, but insufficient to release the homestead right of the hus- TDand because no such intention was shown. Trustees of Schools v. Hovey, 94 111., 394. ' In the absence of evidence of fraud, conspiracy or overreaching of any kind, or anything casting a suspicion upon the integrity or honesty of the certifying officer, and when the certificate of ac- knowledgment of a deed is in conformity with .the statute, it can- not be impeached by merely negativing the facts therein stated. As between the former owner of land and an innocent purchaser under a deed of trust, before the title of the latter can be defeated by impeaching the truthfulness of the certificate of acknowledg- ment to the trust deed, the evidence must be clear and conclusive, excluding every reasonable doubt. Stranch v. Hathaway, 101 111., 11. The law in regard to acknowledgments of deeds and mortgages is not unconstitutional, as impairing the obligation of contracts. LAWS OF ILLINOIS ON ACKNOWLEDGMENTS. 169 The legislature has the power to enact, as to future contracts, that the same shall not be binding or effective in any way without a seal, or without an acknowledgment of a specific kind. Such a a statute only prescribes what shall be essential to constitute a , valid contract. Parrott v. Kumpf, 102 111., 423. To make a valid release, waiver or conveyance of the homestead right as against the person entitled to the exemption or estate, the requirements of the statute, both as to the terms of the deed and the acknowledgment, must be complied with. Gage v. Wheel- er, 129 111., 197, 21 N. E. Rep., 1075. Where a mortgage by which the homestead estate is properly released by a husband and wife, is corrected by the parties or by a decree of court, for the purpose of curing a mistake in the descrip- tion of the premises, a second certificate of acknowledgment show- ing such a release by the wife is not necessary. Gassier v. Byers, 129 111., 657, 22 N. E. Rep., 507. ,To waive homestead right both husband and wife must release it in the body of the deed and in the acknowledgment and where wife does not join with the husband in the deed, the homfestead is not released as to either of them. Panton v. Manley, 4 App., 210. A court of equity has no power to correct a mortgage which con- tains a certificate of acknowledgment that failed to state that the homestead was released by the husband. Johnston v. Dunavan, 17 App., 59. Deeds Not Acknowledged— Notice.] § 31. Deeds, mortgages and other instruments of writing relating tO' real estate shall be deemed, from the time for being filed for record, notice to subsequent purchasers and creditors, though not acknowledged or proven according to law; but the -same shall not be read as evidence, unless their execution be proved in manner required by the rules of evidence applicable to such writings, so as to supply the defects of such acknowledgment or proof. A conveyance of land after delivery is valid and binding on the grantors without any acknowledgment. The purpose of a cer- tificate of acknowledgment is to prove the execution of a deed, 170 LAWS OF ILLINOIS ON ACKNOWLEDGMENTS and when its execution is otherwise proved, it is as binding as if properly acknowledged. Robinson v. Robinson, 116 111., 250, 5 N. E. Rep., 118. In this state, a deed or mortgage is valid, as between the par- ties, without being acknowledged; and its execution may be proved by the testimony of any one who saw the same executed, or by the admissions of the grantor, or Jjy any competent evidence. A deliv- ery of a deed before its acknowledgment will be good in this state, and its acknowledgment some time after its date will not prove that it had not been executed and delivered before that time. Roane v. Baker, 120 111., 308, 11 N. E. Rep., 246. Ackiiowledgineiits — By Officers.] § 32. All deeds which may be executed by any administrator, executor, guardian, conservator, commissioner, master in chancery, sheriff, or other officer, of any real estate sold in pur- suance of any decree or on execution, upon being acknowl- edged or proved before any officer authorized to take acknowledgment or proof of deeds, and certified as other deeds, shall be admitted to record in the county where the real estate sold is situated. Deeds Properly Acknowledged, Evidence — Re- cord or Transcript Thereof, Evidence.] § 35. Every deed, mortgage, power of attorney, conveyance, or other writing, of or concerning' any lands, tenements or hereditaments, which, by virtue of this act, shall be required or entitled to be recorded as aforesaid, being acknowledged or proved according to the provisions of this act, whether the same be recorded or not, may be read in evidence without any further proof of the execu- tion thereof; and if it shall appear to the satisfaction of the court that the original deed, so acknowledged or proved and recorded, is lost or not in the power of the party wishing to use it, the record, or a transcript thereof, certified by the recorder in whose office the same may be LAWS OF ILLINOIS ON ACKNOWLEDGMENTS. 171 recorded, - may be read in evidence, in any court of this state, without further proof, thereof. » Proof of Loss of Deed — Record or Transcript Thereof, Evidence.] § 36. Whenever, upon the trial of any cause in law or equity in this state, any party to said cause, or his agent or attorney in his behalf, shall, orally in court, or by affidavit to be filed in said cause, testify and state under oath that the original of any deed, conveyance or other writing, of or concerning lands, tenements and hereditaments, which shall have been or may hereafter be acknowledged or proved ac- cording to any of the laws of this state, and which, by virtue of any of the laws of this state, shall be required or be entitled to be recorded, is lost, or not in the power of the party wishing to use it on the trial of any such cause, and that to the best of his knowledge said original deed was not intentionally destroyed or in any manner dis- posed of for the purpose of introducing a copy thereof in place of the original, the record of such deed, convey- ance or other writing, or a transcript of the record there- of, certified by the recorder in whose office the same may have been or may hereafter be recorded, may be read in evidence in any court in this state, with like effect as though the original of such deed, conveyance or other ' writing was produced and read in evidence. Affidavits, Where and Before Wliom Made.] § 37. All affidavits required to be made and produced un- der the foregoing section, may be made in any county of this state, before any officer authorized by the laws of this state to administer oaths and affirmations, and may also be made, out of this state, before any judge of a court of record, justice of the peace, clerk of a court of record, notary public, or commissioner appointed under 172 LAWS OF ILLINOIS ON ACKNOWLEDGMENTS. the la-ws of the state of Illinois to take acknowledgments of deeds, and administer oaths and afflrmations, and cer- tified to by the said officer, under his seal of office, if such officer have an official seal; but if taken and certi- fied by any officer who does not require or use an official seal, the certificate of the proper clerk or other officer of the official character of the person certifying to such oath or affirmation shall also be produced with such affidavit and certificate. LAW OF 1872. In force July 1, 1872. Session Laws of 1872, page 478. Amended July 1, 1887. AN ACT to exempt the homestead from forced sale, and to provide for setting off the same, and to exempt certain personal property from attachment and sale on execution and from distress for rent. Homestead — How Estate Extinguislied.] § 4. No release, waiver or conveyance of the estate so ex- empted shall be valid unless the same is in writing, sub- scribed by said householder and his or her wife or hus- band, if he or she have one, and acknowledged in the' same manner as conveyances of real estate are required to be acknowledged; or possession is abandoned or given pursuant to the conveyance, or, if the exemption is con- tinued to a child or children, without the order of the court directing a release thereof.* A formal release of a homestead right in a deed of trust will not suffice under our statute without the acknowledgment of the deed. West V. Krebaum, 88 111., 263. The right of homestead can only be released by an acknowledg- ment, in the same manner as conveyances of real estate are re- *This section is identical with section 4 of law of July 1, 1873. LAWS OF ILLINOIS ON ACKNOWLEDGMENTS. 173 quired to be acknowledged. Gage v. Wheeler, 129 111., 197, 21 N. E. Rep., 1075. A mortgage or conveyance without acknowledgment may be valid to convey all other rights and interests of the grantors ex- cept the homestead right. Such right can be conveyed only by a contract acknowledged as required by the statute. Id. A conveyance of the homestead, not exceeding one thousand dol- lars in value, by a householder to his wife, she not joining therein and acknowledging the same, is void and passes no title. Kitter- lin V. M. M. M. Ins. Co., 13-t 111., 647, 25 N. E. Rep., 772. LAW OF 1872. In force July 1, 1872. Session Laws of 1872, page 562. AN ACT concerning masters in chancery. Masters in Chancery to Take Acknowledg- ments.] § 6. Masters in chancery, in their respective counties shall have authority to take depositjons, both in law and equity, to administer oaths, to compel the attendance of witnesses, take acknowledgments of deeds and other instruments in writing; and in the absence from the county of the judge, to order the issuing of writs of habeas corpus, ne exeat and injunction, and perform all of the duties which, according to the laws of this state and the practice of courts of chancery, ap- pertain to the office. LAW OF 1872. In force July 1, 1872. Session Laws of 1872, page 574. Amended July 1, 1873. AN ACT to provide for the appointment, qualification and duties of notaries public and certifying their official acts. Notary— Shall Have a Seal.] § 7. Each notary 174 LAWS OP ILLINOIS ON ACKNOWLEDGMENTS. public hereafter appointed shall, upon entering upon the duties of his office, provide himself with a proper official seal, with which he shall authenticate his official acts, upon which (shall) be engraved the words "Nota- rial seal," and the name of the county in which he re- sides. Notary — Authority Throughout State.] § 9. A notary public duly qualified, shall have authority, while he resides in the same county in which he was appoint- ed, to execute the duties of his office throughout the state. Venue— Curative of.] g 14. It shall not be an ob- jection to the validity of any act of a notary public, done before the taking effect of this act, that the cer- tificate thereof does not show the name of the city, town or county for which the notary was commissioned, if it shall appear from the certificate that the act was done within this state. LAW OF 1873. In force July 1, 1873. Session Laws of 1873, page 127. AN ACT to amend section seven, of an act entitled "An act to provide for the appointment, qualification and duties of notaries public, and certifying their official acts," approved April 5, 1872. Notaries to Have Seals.] Section 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly: That section seven of an act entitled "An act to provide for the appointment, qualification and duties of notaries public, and certifying their official acts," approved April 5, 1872, be amended so as to read as follows, to-wit: "Section 7. Each notary public LAWS OP ILLINOIS ON ACICNOWLEDGMENTS. 175 shall, upon entering upon the duties of his office, provide himself with a proper official seal, with which he shall authenticate his official acts, upon which shall be en- graved words descripitive of his office, and the name of the place or county in which he resides." Acts Heretofore Antlienticated Under Seal, Valid.] Section 2. All notarial acts of notaries pub- lic in this state which have been authenticated by a seal, as described in the first section of this act, prior to the time that this act shall take effect, shall be held good and valid if done and performed under this act. LAW OF 1873. In force July 1, 1873. Kurd's Revised Statutes oi 1893, page 1216. AN ACT for the assessment of property and for the levy abd collection of taxes. Tax Deed — No Acknowledgment Necessary.] § '221. The deed so made by the county clerk under the official seal of his office shall be recorded in the same manner as other tonveyances of real estate, and shall vest in the grantee, his heirs and assigns, the title of the property therein described without further acknowledg- ment or evidence of such conveyance, * * * LAW OP 1874. In force July 1, 1874. Session Laws of 1874, page 70. AN ACT concerning conveyances. Acknowledgments— Officers to Take.] § 20. Deeds, mortgages, conveyances, releases, powers of at- torney, or other writings of or relating to the sale, con- veyance or other disposition of real estate, or any inter €st therein, whereby the right of any person may be 176 LAWS OF ILLINOIS ON ACKNOWLEDGMENTS. affected in law or in equity, may be acknowledged or proved before some one of the following courts or offic- ers, namely: Within State.] First — When acknowledged or proved within this state, before a master in chancery, notary public, United States commissioner, circuit or county clerk, justice of the peace, or any court of record having a seal, or any judge, justice or clerk of any such court. "When taken, before a notary public or United States- commissioner, the same shall be attested by his official seal; when taken before a court or the clerk thereof, the same shall be attested by the seal or such court; and when taken before a justice of the peace, there shall be added the certificate of the county clerk, under hig seal of office, that the person taking such acknowledgment or proof was a justice of the peace in said county at the time of taking the same. If the justice of the peace re- side in the county where the lands mentioned in the in- strument are situated, no such certificate shall be re- quired. Without State and Within United States.] Sec- ond — When acknowledged or proved without this state, and within the United States or their territories, or the District of Columbia, before a justice of the peace, a no- tary public. United States commissioner, commissioner to take acknowledgments of deeds, mayor of a city, clerk of a county, or before any judge, justice, or clerk of the supreme or any circuit or district court of the United States, or any judge, justice or clerk of the supreme, circuit, superior, district, county or common pleas court of any of the United States or their territories. When such acknowledgment or proof is made before a notary public, United States commissioner, commissioner of LAWS OP ILLINOIS ON ACKNOWLEDGMENTS. 177 deeds, mayor of a city, or clerk, it shall be certified by such officer, under his seal of office. If before a mayor of a city, it shall be certified under the seal of the city. If before a justice of the peace, there shall be added a certificate of the proper clerk, under the seal of his of- fice, setting forth that the person before whohi such proof or acknowledgment was made was a justice of the peace at the time of making the same. An acknowledg- ment or proof may be made in conformity with the laws of the state, territory or district where it is made : Pro- vided, that if any clerk of a court of record, within such state, territory or district, shall, under his hand and the seal of such court, certify that such deed or instrument is executed and acknowledged or proved in conformity with the laws of such state, territory or district, or it shall so appear by the laws of such state, territory or district, duly proved and certified copies of the record of such deed, mortgages or other instruments relating to real estate, heretofore or hereafter made and recorded in the proper county, may be read in evidence as in other cases of such certified copies, upon such a certificate of conformity to the laws of the state, territory or district where such deeds, mortgages or other instruments were made and acknowledged, being exhibited therewith or annexed thereto. Without United States.] Third — When acknowl- edged or proved without the United States, then before any court of the republic, state, kingdom or empire hav- ing a seal, or any mayor, or chief officer of any city or town having a seal, or before any minister or secretary of legation, or consul of the United States in any foreign country, attested by his official seal, or before any officer authorized by the laws of such foreign country to take 178 LAWS OF ILLINOIS ON ACKNOWLEDGMENTS. acknowledgments of conveyances of real estate, if he have a seal, such deed to be attested by the official seal of, such court or officer. And in case such acknowledg- ment or proof is taken other than before a court of record, or mayor, or chief officer of a town having a seal, proof that the officer taking such acknowledgment was duly authorized by the laws of his country so to do, shall accompany the certificate of such acknowledgment. LAW OF 1874. In force July 1, 1874. Kurd's Revised Statutes of 1893, page 807. AN ACT to revise the law in relation to husband and wife. Married Woman May Own and Convey Property as if Sole.J § 9. A married woman may own, in her own right, real and personal property obtained by de- scent, gift or purchase, and manage, sell and convey the same to the same extent and in the same manner that the husband can property beloiiging to him: Provided that where husband and wife shall be living together, no transfer or conveyance of goods and chattels between such husband and wife shall be valid as against the rights and interests of any third person, unless such transfer or conveyance be in writing, and be acknowl- edged and recorded in the same manner as chattel mort- gages are required to be acknowledged and recorded by the laws of this state, in cases where the possession of the property is to remain with the mortgagor. It was not until the act of 1874 in relation to husband and wife went into effect, that a married woman could sell and convey her real property to the same extent and in the same manner as the husband could sell and convey property belong'ing' to hirh, or that she could have done had she been sole. Until that time the hus- LAWS OF ILLINOIS ON ACKNOWLEDGMENTS. 179 band must have joined with her, or her deed would have been in- operative and void, and her contract for the disposition of her real estate would have no binding effect. Hogan v. Hogan, 89 111., 427. /The act of 1874 confers upon a married woman the power to sell and convey her lands in' the same manner that her husband can sell and convey property belonging- to him. By this law a married woman is placed upon a perfect equality with her husband, so far as the conveyance or mortgaging of her lands is concerned. Ed- wards V. Schoeneman, 104 111., 278. Under existing laws married women are placed on a common footing with men and as /ernes sole in respect to property rights. A deed of a married woman may be reformed for mistake by a court of equity. Snell v. Snell, 123 111., 403, 14 N. E. Rep., 684. LAW OF 1874. In force July 1, 1874. Kurd's Revised Statutes of 1893, page 986. An Act to revise the law in relation to mortgages of real and personal property, . '" Mortgage, Release of— Acknowledgment.] § 9. A mortgage or trust deed of real or personal property may be released by an instrument' in writing executed by the mortgagee, trustee or his executor, administrator, heirs or assignee of record, and such instrument may be acknowledged or proved in the same manner as deeds for the conveyance of land. LAW OF 1874. In force July 1, 1874. Kurd's Revised Statutes of 1893, page 206. AN AOT to revise the law in relation to the Illinois and Michigan canal, and for the improvement of the Illinois and little Wabash rivers. Canal Deeds— No Acknowledgment Necessary.] § 10. All deeds, title papers, agreements and contracts 180 LAWS OF ILLINOIS ON ACKNOWLEDGMENTS. affecting the title to real estate in this state, heretofore executed by the board of trustees of the Illinois and Michigan canal, under the seal of said board, or which may have been heretofore or may hereafter be executed by the canal commissioners under their official seal, shall be admitted to record, and the same or a certified tran- script of the record shall be admitted in evidence in all courts without acknowledgment or further proof. LAW OP 1874. In force July 1, 1874. Kurd's Revised Statutes of 1893, page 1067. AN, ACT to revise the law in relation to plats. Plat to Be Acknowledged.] § 2. The plat having been completed, shall be certified by the surveyor and acknowledged by the owner of the land, or his attorney duly authorized, in the same manner as deeds of land are required to be acknowledged. The certificate of the surveyor and of acknowledgment, together with the plat, shall be recorded in the recorder's office of the county in which the land is situated, and such acknowledgment and record shall have like effect and certified copies thereof and of such plat or of any plat heretofore acknowl- edged and certified according to law, may be used in evi- dence to the same extent and with like effect, as in case of deeds. Plat Acknowledged, A Conveyance.] § 3. The acknowledgment and recording of such plat shall be held in law and equity to be a conveyance in fee simple of such portions of the premises platted as are marked or noted on such plat as donated or granted to the public, or any person, religious society, corporation or body politic, and as a general warranty against the donor, his LAWS OF ILLINOIS ON ACKNOWLEDGMENTS. 181 lieirs and representatives to such donee or grantee for iheir use or for the use and purposes therein named or intended and for no other use or purpose. And the premises intended for any street,' alley, way, common or other public use in any city, village or town, or addition thereto, shall be held in the corporate name thereof in trust to and for the uses and purposes set forth or intended. Vacation of Plat to Be Acknowledged.] § 6. Any such plat may be vacated by the owner of the premises at any time before the sale of any lot therein, by a written instrument declaring the same to be vacated, -executed, acknowledged or proved, and recorded in like manner as deeds of land; which declaration being duly recorded, shall operate to destroy the force and effect of the recording of the plat so vacated, and to divest all public rights in the streets, alleys and public grounds, ■and all dedications laid out or described in such plat -1 When lots have been sold, the plat may be vacated in "the manner herein provided by all the owners of lots in such plat joining in the execution of such writing. Vacation of Part of Plat.] § 7. Any part of a plat may be vacated in the manner provided in the preceding section, and subject to the conditions therein prescribed: Provided, sucli vacation shall not abridge or destroy any •of the rights or privileges of other proprietors in such plat: And, provided, further, that nothing contained in this section shall authorize the closing or obstructing of any public highway laid out according to law. Plat By Executors, Etc., to Be Acknowledged.] § 11. Be it enactedby the People of the State of Illinois, repre- sented in the General Asfembly, That in any proceeding in any court of record in this state, by executors or 182 LAWS OF ILLINOIS ON ACKNOWLEDGMENTS. administrators, for the sale of lands of deceased persons, or by guardians, for the sale of lands for their wards, or for partition of lands, when such lands are to be sold in parcels, or actual partition thereof shall be made, it shall be competent for the court to order such executor or administrator, guardian, master in chancery, special com- missioner, or other officer or person authorized to sell the lands in question in any such proceeding, or com- missioners authorized to make partition of such lands, to causesuch lands to be surveyed and subdivided, and a map or plat of the same to be made, showing the lots or parcels of such subdivision or partition designated by numbers or letters; which map or plat shall be acknowl- edged by the person or persons so causing the same to be made, in like manner as is now required by law in cases of plats or maps made by owners of lands, and shall, in like manner, be certified by the surveyor or engineer making the same; which certificate shall con- tain, among other things, an accurate and definite description of the lands so subdivided or partitioned;, and such map or plat shall be submitted to the court for his approval, and if approved by the court, shall be recorded in the recorder's office of the county or coun- ties in which the lands in question in any such proceed- ing, are situate. LAW OF 1877. In force July 1, 1877. Kurd's Revised Statutes of 1893, page 165. AN ACT concerning voluntary assignments, and con- ferring jurisdiction therein upon the county courts. Assignment to Be Acknowledged.] § 1. Be it enacted hy the People of the State of Illinois, represented in the LAWS OP ILLINOIS ON AC:KN0WLEDGMENTS. 183- General Assembly, That in all cases of voluntary assign- ments hereafter made for the .benefit ,of creditor or cred- itors, the debtor or debtors shall annex to such assign- ment an inventory under oath or affirmation, of his, her *or their real estate, real and personal, according to the best of his, her or their knowledge; and also a list of his, her or their creditors, their residence and place of busi- ness if known, and the amount of their respective demands; but such inventory shall not be conclusive as to the amount of the debtor's estate, but such assignment shall vest in the assignee or assignees the title to any other property, not exempt by law, belonging to the debtor or debtors at the time of making the assignment and comprehended within the general terms of the same. Every assignment shall be duly acknowledged and recorded in the county where ■ the person or persons making the same, reside, or where the business in respect of which the same is made has been carried on; and in case said assignment shall embrace landsj or any interest therein, then the same shall also be recorded in the county or counties in which said land may be situated. A certificate of acknowledgment of a deed by a debtor of his. lands, etc., for the benefit of creditors, which stated that the grantor was personally known to the officer, and that he appeared before such officer and made the acknowledgment of the deed, is substantially good, as showing that the grantor did appear in per- son before the officer, at least under the act relating to voluntary assignments. It is not necessary that the acknowledgment be taken in the county where the grantor resides. Zimmerman v. Willard, 114 111., 364, 2 N. E. Rep., 70. LAW OF 1883. In force July 1, 1883. Kurd's Revised Statutes of 1893, page 724. AN ACT in regard to proof of deeds and other instru- 184 LAWS OF ILLINOIS ON ACKNOWLEDGMENTS. merits in writing when attested by subscribing witnesses. Proof of Deeds, Subscribed By Witnesses, By ■Other Evidence.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever any deed, mortgage, conveyance, release, power of attorney or other writing of, or relating to the .sale, conveyance or other disposition of, real estate, or any interest therein, or any other instrument in writing not required by law to be attested, and it shall become necessary to prove the execution of any such deed or ■other writing otherwise than as now provided by law, it shall not be necessary to prove the execution of the same by a subscribing witness to the exclusion of other evi- dence, but the execution of such instrument may be proved by secondary evidence without producing or accounting for the absence of the subscribing witness or witnesses. LAW OF 1887. In force July 1, 1887. Session Laws of 1887, page 142. AN ACT to amend section four (4) of an act to amend an ■ act entitled "An act to exempt the homestead from forced sale, and to provide for setting off the same, and to exempt certain per- sonal property from attachment and sale on executioyi, and from distress for rent", approved April SO, 1873, in force July 1, 187 S, Amending Clause.] Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assem- bly: That section four (4) of an act entitled an act to amend an act entitled "An act to exempt the homestead from forced sale, and to provide for setting off the same, and to exempt certain personal property from attach- LAWS OP ILLINOIS ON ACKNOWLEDGMENTS. 185' ment and sale on execution, and from distress for rent",, approved April 30, 1873, in force July 1, 1873, be and hereby is amended so as to read as follows: Homestead — How Estate Extinguislied.] "§ 4. No release, waiver or conveyance of the estate so ex- empted, shall be valid, unless the same is in writing, subscribed by said householder and his or her wife or husband, if he or she have one, and acknowledged in the same manner as conveyances of real estate are required to be acknowledged, or possession is abandoned or given , pursuant to the conveyance, or if the exemption is con- tinued to a child, or children, without the order of a court of competent jurisdiction directing a release there- of: Provided, that in all cases when such release, waiver or conveyance shall be taken by way of mortgage or se- curity, the same shall only be operative as to such spe- cific release, waiver or conveyance; and when the same includes different pieces of land, or the homestead is of greater value than one thousand dollars, said other lands shall first be sold before resorting to the home- stead, and in case of the sale of such homestead, if any balance shall remain after the payment of the debts and costs, such balance shall, to the extent of one thousand dollars ($1,000.00) be. exempt, and be applied upon such homestead redemption in the manner provided by law."' A conveyance by husband to his wife of a homestead, worth less than one thousand dollars, there being no abandonment or trans- fer of possession, is invalid to pass the title the same as if the deed were to a stranger. If the homestead is of greater value than one thousand dollars such deed will be operative as to such excess- only. Barrows v. Barrows, 138 111., 649, 28 N. E. Rep., 983. All deeds or other instruments for the alienation of the home- stead, whatever may be their language, are invalid as affecting the homestead, unless it shall be released or waived in the manner 186 LAWS OF ILLINOIS ON ACKNOWLEDGMENTS prescribed by the statute . A contract for the sale or conveyance of land which is a homestead, must not only contain a special re- lease of the right of homestead right but it must also be in writing and subscribed by the person in whose favor the homestead exists, with his or her wife or husband, if he or she has one, acknowledged in the same manner as conveyances of real estate are required to be acknowledged. Stodolka v. Novotny, 144 111., 125, 33 N. E. Bep., 534. A court of equity has no power to reform a contract for the sale of a homestead by the insertion therin of a release of that right and an acknowledgment, and then to enforce specific performance. Such court cannot give life to an instrument which has no vitality itself. Id. Where the written contract of a husband and wife for the con- veyance of their homestead contains no release of the right of homestead, and is not acknowledged as required by law, a court of equity cannot specifically enforce the same by reforming the same in accordance with the verbal contract, although the omission of such release and acknowledgment may be the result of mistake or ignorance of the officer drafting the same. Id. The estate of homestead can be relinquished only in the mode pointed out in the statute, or by abandonment. To pass such es- tate the deed must contain a clause waiving the right of home- stead, and a similar clause must be contained in the acknowledg- ment of both husband and wife. Leonard v. Crane, 147 111., 52, 35 N. E. Rep., 474. In the absence of proof that the acknowledgment of a deed by a husband and wife, of their homestead, which deed is destroyed, containing a clause relinquishing the homestead right, a court of equity cannnt decree the title as vested in the grantee by reason ■of the execution of the deed shown in evidence. Id. LAW OP 1895. In force July 1, 1895. Session Laws of 1895, page 129. AN ACT to cure defects in the certificates of acJcnowledgments ■of deeds, mortgages and other instruuieuts of writing taken be- LAWS OP ILLINOIS ON ACKNOWLEDGMENTS. 187 /ore commissioners for this state in any of the other states or territories of the United States or District of Columbia, and to ■ legalize the record of such deeds, mortgages and other instru- ments in writing, and to provide the manner in which the orig- inal and certified copies from the records of the same may be used in evidence. Acknowledgments Before Commissioners — Cur- ative.] Section 1. Be it enacted by the People of the State ■of Illinois, represented in the General Assembly: That all deeds, mortgages and -other instruments in writing re- lating to or affecting any lands, tenements or heredita- ments situated within this State which have been ac- knowledged or proved before any commissioner for this State in any of the states or territories of the United States or in the District of Columbia, and which have been or maybe recorded in the county where such lands, tenements or hereditaments do actually lie, shall be ad- judged and treated by all courts as legally executed, ac- knowledged and recorded, notwithstanding no citj/ or town within which such acknowledgment was taken is specified or mentioned in the certificate of such commis- sioner, and notwithstanding no certificate under the hand and official seal of the Secretary of State of this State be subjoined or affixed to the certificate of such commis- sioner that such commissioner was, at the time of taking such proof or acknowledgment, duly authorized to take the same, and that the Secretary is acquainted with the handwriting of such commissioner or has compared the signature to such certificate with the signature of such commissioner deposited in his office, and that he verily believes the signature and the impression of the seal of the said certificate to be genuine. Certified Copy of Record, Evidence— Certificate 188 LAWS OF ILLINOIS ON ACKNOWLEDGMENTS. of Magistracy.] § 2. Certified copies from the records, properly authenticated, shall be received in all courts and places as evidence of the due execution and record- \ \ ing of every such deed, mortgage or other instrument in favor of the person or persons who claim or desire to- deduce title under any such deed, mortgage or other in- strument: Provided, however, that the person or persons offering in evidence any such deed, mortgage or other instrument or certified copy thereof shall exhibit with the original or with a certified copy of the same from the records thereof duly authenticated, a certificate of the ' Secretary of State of this State under his hand and of- ficial seal that the commissioner before whom the same purports to have been acknowledged was, on the day of the date of such acknowledgment, a commissioner for this State in the state or territory where such deed,, mortgage or other instrument was acknowledged. TABLE OF CASES. A Adams V. Bishop, 19 111., 395 page 88 Alvis V. Morrison, 63 111., 181 108 . Ayers v. Hawks, 1 App., 600 143 Ayres v. Arnett, 3 111., 307 69 B Baird v. Jackson, 98 HI., 78 109 Baker v. Baker, 159 111., 394, 42 N. E. Rep., 867 158 Banks v. Ogden, 69 U. S. (2 Wall.), 57 91 . Barrows v. Barrows, 138 111., 649, 28 N. E. Rep., 983 185 Bartels v. People, 152 111., 557, 38 N. E. Rep., 898 166 Becker v. Quigg, 54 111., 390 : 81 Berdel v. Egan, 125 111., 298, 17 N. E. llep., 709 139 Best V. Gholson, 89 111., 465 168 Black V. Lusk, 69 111., 70 142 Blackman v. Hawks, 89 111., 513 152 Blain v. Rivard, 19 App., 477 166 Board Trustees v. Davidson, 65 111., 124 104 Booker v. Anderson, 35 111., 66 127, 142 Booth V. Cook, 20 111., 129 88 Bowman v. Wettig, 39 111., 416 67, 70, 123, 130 Boyd V. Cudderback, 31 111., 113 141 Bradshaw v. Atkins, 110 111., 323 153 Bressler v. Kent, 61 111., 426 15, 143 Bucklin v. Hasterlik, 155 111., 423, 40 N. E. Rep., 561 97. 101 Buckmaster v. Job., 15 111., 328 ^5, 71, 94, 97 Bute V. Kneale, 109 111, 652 153 c Canal & Dock Co. v. Russell, 68 111., 426 79, 81 Carpenter v. Dexter, 75 U. S. (8 Wall.), 513'. 62, 123. 124 Cassler V. Byers, 129 111., 657, 22 N. E. Rep., 507 169 Chester v. Rumsey, 26 111., 97 136 190 TABLE OF CASES. Chiniquy v. Catholic Bishop, 41 111., 148 page 108 Choteau v. Jones, 11 111., 300 66 Clark V. Wilson, 127 111., 449, 19 N. E. Rep., 860 158 Club V. Wise, 64 111., 157 142 Coburn v. Herrington, 114 111., 104, 29 iST. E. Rep., 478 139 Cole V. Van Riper, 44 111., 58 143 Coleman v. Billings, 89 111., 183 69 Cooper V. Corbin, 105 111., 225 101 Crane v. Crane, 81 111., 165 128, 138 C. & A. R. R. Co. V. Keegan, 152 111., 413, 39 N. E. Rep., 33 115 C. & St. L. R. R. Co. V. Parrott, 92 111., 194 164 D Dale V. Metzmaker, 63 111., 38 117 Darst V. Gale, 83 111., 136 '. 115 Dawson v. Hayden, 67 111., 52 101, 108, 128, 137 Dean v. O'Meara, 47 111., 120 143 Dean v. Shreve, 155 111., 650, 40 N. E. Rep., 294 153 Deiniger v. McConnell, 41 111., 228 67, 94 Delaunay v. Burnett, 9 111., 454 79 Dennis v. Hopper, 18 111., 82 130 Dundy v. Chambers, 23 111., 369 121,^23 Dunlap V. Daugherty, 20 111., 397 67 E Eagan v. Connelly, 107 111., 458 162 Earn V. City Chicago, 136 111., 277, 26 N. E. Rep., 370 119 Edwards v. Schoeneman, 104 111., 278 152, 153, 155, 179 Elder v. Jones, 85 111., 384 138 Elwood V. Flanagan, 104 U. S., 562 89, 131 Ennor v. Thompson, 46 111., 214 137 Esker v. Heffernan, 159 III., 38, 41 N. E. Rep., 1113 102 F Pail & Nabb v. Goodtitle, 1 111., 201 66 Fell V. Young, 63 111., 106 79 Fitzgerald v. Fitzgerald, 100 III., 385 164 Foster v. Latham, 21 App., 165 166, 167 G Gage V. Wheeler, 129 111., 197, 21 N. E. Rep., 1075 165, 169, 173 Garrett v. Moss, 22 III., 363 83 TABLE OF CASES. ' 191 Garrick v. Chamberlin, 97 111., 620 page 138 Gilbreath v. Dilday, 152 111., '207, 38 N. E. Rep., 572 158 Gosselin v. City Chicago, 103 111., 623 90 Gould V. Howe, 131 111., 490, 23 N . E. Rep., 602 72, 118 Gove V. Cather, 23 111., 634 136 Graham v. Anderson, 42 111., 515 100 Griffin v. Griffin, 125 111., 430, 17 N. E. Rep., 782 110 Guertin v. Mombleu, 144 111., 32, 33 N. E. Rep., 49 149, 156, 166 H Hague V. Porter, 45 111., 318 121 Hardin v. Kirk, 49 111., 153 '. . . 79 Hardin v. Osborne, 60 111., 93 .' 79 Harding v. Curtis, 45 111., 252 .' 100 Hartshorn v. Dawson, 79 111., 108 '. 109 Hawes v. Mann, 8 Biss., 21, 11 Fed. Cases, 870 154 Heacock v. Lubuke, 107 111., 396 110 Heinrich v. Simpson, 66 111., 57 ' 137 Herdman v. Pace, 85 111., 345 138 Higgins V. Crosby, 40 111.', 262 103 Hill V. Bacon, 43 111., 477 108, 149 HobsoTi V. Ewan, 62 111., 146 114 Hogan V. Hogan, 89 111., 427 104, 151, 152, 179 Holbrook v. Nichol and Prettyman, 36 111., 161 88 Honore v. Wilshire, 109 111., 103 157 Hope V. Sawyer, 14 111., 254 67 - Hughes V. Lane, 11 111., 123 83 Hurt V. McCartney, 18 111., 129 ., 123 "Hutchings v. Huggins, 59 111., 29 142 I Irving V. Brownell, 11 111., 403 87 Ives V. Mills, 37 111., 73. 142 J ^ Jackson v. Miner, 101 111., 550 152 Job V. Tebbetts, 9 111., 143 78, 107, 113 ; Job V. Tebbetts, 10 111., 376 113 Johnston v. Dunavan, 17 App., 59. 169 Johnston v. Montgomery, 51 111., 185 Ill, 112 192 . TABLE OF CASES. K Kerr v. Russell, 69 111., 666 page 79. 83 Kitterlin v. M. M. Ins. Co., 134 111., 64'7, 25 N. E. Rep., 772 173 Knight V. Paxton, 124 U. S., 552, 8 Sup. Ct. Rep., 592 1.54 Knox V. Brady, 74 111., 476 1.51 L Lake V. Brown, 116 111., 83, 4 N. E. Rep., 773 158 Lane v. Dolick, 6 McLean, 200, 14 Fed. Cases, 1011 83 Lane v. Soulard, 15 111, 123 103, 122 Lavalle v. Strobel, 89 111., 370 .52 Leonard v. Crane, 147 111. , 52, 35 N. E. Rep. ,474 186 Lewis V. Graves, 84 111., 205 14* Lickmon v. Harding, 65 111., 505 *. 108 Lindley v. Smith, 46 111., 523 103 Lindley V. Smith, 58 111., 250 104 Livingston v. Kettelle, 6 111., 116 78 Lockwood V. Mills, 39 111., 602 108 Logan V. Williams, 78 111., 175 89 Lowell V. Wren, 80 111., 238 ' 151 Lyman v. Gedney , 114 111. , 388, 29 N. E. Rep. , 282 90 Lyon V. Kain, 36 111.,' 363 100, 136 L. E. & W. R. R. V. Whitman, 155 111., 514, 14 N. E. Rep., 1014. . 1.56, 158 M Mariner v. Saunders, 10 111. , 113 63 Marston v. Brittenham, 76 111., 611 151 Mason v. Brock, 12 111., 273 83, S7 McConnell v. Reed, 3 111., 371 78 McCormack v. Evans, 33 I1].,32S 88 McPherson v. Sanborn, 88 III,, 150 109 Merritt v. Yates, 71 111., 636 104, 108 Mettler V. Miller. 129 111., 630, 22 N. E. Rep., 529 139 Miller v. Shaw, 113 111., 277 ; 139 Monroe v. Poorman, 62 111. , 523 137 Montag v. Linn, 19 111., 399 107 Moore v. Nelson, 3 McLean, 383, 17 Fed. Cases, 694 71 Moore v. Titman, 33 111., 358 100, 136 Morrison v. Brown, 83 111., 562 1.51 TABLE OF CASES. 193 Murphy v. Williamson, 85 111., 149 page 104 Myers v. Parks, 95 111., 408 155 N Newsom v. Ltister, 13 111., 175 113 o Oliphant v. Leveridge, 142 111., 160, 30 N. E. Rep., 334 166 Oppenheimer & Co. v. G. & Co., 54. App., 39 158 Owen V. Bobbins, 19 111., 545 81 P Parrott v. Kiimpf, 102 111., 423 169 Panton v. Mauley, 4 App., 210 169 Patterson v. Kreig, 29 111., 514 141 Patterson v. Lawrence, 90 111., 174 138 Paxton V. Marshall, 18 F. Rep., 361 143 People V. Bartels, 138 111., 322, 27 N. E. Rep.. 1091 156, 158,' 166 Phillips V. People, 11 App., 340 160 Post V. First lirational Bank Springfield, 138 111., 559, £8 N". E. Rep., 978 .: 156 Powell V. Gilman, 38 App., 611 119 K Reece t. Allen, 10 111., 236 107 Eeed v. Kempf, 16 111., 445 113, 114 Eidgeway v. TXnderwood, 67 111., 419 104 Eiggs V. Boylan, 4 Hiss., 445 ■. 83 Eoane v. Baker, 120 111., 308, 11 N. E. Rep., 246 170 Roberts v. Jenks, 5 App. ,484 153 Robinson v. Robinson, 116 111., 260, 5 N. E. Rep., 118 170 Sogers V. Higgins, 48 111., 211 103 • Russell V. Baptist T. Union, 73 111., 337 80 Russell V. Rumsey, 35 111., 362 Ill, 136 Russell V. Whiteside, 5 m.,7. : 62 S Sawyer v. Cox, 63 111., 130 101 Schley V.Pullman Car Co., 120 U. S. 575, 7 Sup, Ct. Rep., 730 110, 122, 140 Scovil V. Connell, 47 111., 277 143 ScovU V. Kelsey, 46 111., 344 143 194 TABLE OF CASES. Seava: v. Spink, 65 111., 441 page 115 Secrist v. Green, 70 U. S. ( 3 Wall.), 744 123 Sample v. Miles, 3 111., 315 66, 69 Sharp V. Thompson, 100 111., 447 101 Sheldon v. Patterson, 55 111., 507 137 Shephard v. Carriel, 19 111., 313 99, 107 Short V. Conlee, 28 111.. 219 107 Sisk V. Woodruff, 15 111., 15 116 Sisters v. Catholic Bishop. 86 111., 171 109 Skinner v. Fulton, 39111., 485 100, 107, 108 Smith V. Marc, 26 111., 150 141 Smith V. Miller, 31 111., 157 141 Snell V. Snell, 123 111., 403,14 N. E. Rep., 684 179 Spurgin v. Traub, 65 111., 170 150 Stebins v. Duncan, 108, U. S. 32,2 Sup. Ct. Rep.,313 62 Stephenson v. Thompson.l3 111., 186 115 Stiles V. Probst, 69 111., 382 150 Stodolka V. Novotny, 144 111., 125, 33 N. E. Rep., 534 186 Stranch v. Hathaway, 101 111., 11 168 Stuart V. Button, 39 111., 94 , 83 T Terry v. Eureka College, 70 111., 236 151 Thomas v. Eckard, 88 111., 593 118 Thompson v. Schuyler, 7 111., 271 87, 89 Thornton v. Boyden, 31 111., 200 141 Tourville v. Pierspn, 39 111., 446 137 Town Lake View v. Le Bahn, 120 111., 92, 9 N. E. Rep., 269 118 Transportation Co. v. Gill,lll 111., 541 160, 165 Trustees Schools v. Hovey, 94 111., 394 168 Tully V. Davis, 30 111., 103 79 Tunison v. Chamblin, 88 111., 378 109 V Vance v. Schuyler, 6 111.. 160 65, 87 Vanzant v. Vanzant, 23 111., 536. .' 141 Village of Auburn v. Goodwin, 128 111., 57, 21 N. E. Rep., 212. .. . 119 W Warner v. Crosby, 89 111., 320 142 Warrick v. Hull, 102 111., 280 165 TABLE OF CASES. 195 Washburn v. Roesch, 13 App.,268 .page 153 Watson V. Watson, 118 111., 56, 7 N. E. Rep., 95 155, 1H5 West V. Krebaum, 88 111., 263 157, 172 Wettmore v. Laird, 5 Biss., 160 102 White V. Clark, 36 111., 285 142 Wiley V. Bean, 6 111., 302 78 , Wirt V. McEnery, 21 Fed. Rep., 233 119 Woodruff V. McHarry, 56 111., 218 ' 100 W. St. L. & P. Ry. Co. V. McDougal. 113 111., 603 101 z Zimmerman v. Willard, 114 111., 364, 2 N. E. Rep., 70 183 Zinc Co. V. City La Salle, 117 111., 411, 8 N. E. Rep., 81 91 INDEX. A ACKNOWLEDGMENTS , in general page 7 definition of 7 a creation of statutes 7 improvement on common law 8 relation between and record 11 when necessary 13 by married women, by common law 15 by other laws, (see married women). by ordinance of 1787 52 by whom taken, (see officers and courts), manner of, by law of 1827 19, 76 " " " 1845 19, 105 " " " 1872 19, 162 certificate of, ' definition of 7 who may grant, (see officers and courts), contents of, by law of 1827 19, 76 '• " " 1845 19, 105 " " " 1872 19, 162 form of 11 by law of 1872 167 distinction between and acknowledgment 7 ACTS of Illinois, (see laws as published herein according to date). repealing , 27 ASSIGNMENT, VOLUNTARY, acknowledgment of, by law of 1877 182 INDEX. 197 AUDITOR, to take acknowledgments, by law of 1829 .page 89 " " " 1845 105 c CANAL LANDS, certificates of purchase to, assignments of, how acknowledged, by law of 1837 94 " " " 1845 113 deeds to, by canal trustees, need not be acknowledged, by law of 1852 134 " " " 1874 ■ 179 CERTIFICATE, of acknowledgment, (see acknowledgment), of proof, (see proof), of conformity, (see conformity), of magistracy, (see magistracy). •CLERKS, to take acknowledgments, by law of 1819 65 " " "1827 75 " " "1829 86 " " "1845 98 " " "1847 120 " " "1872 1.57,159 COMMISSIONER, COUNTY, to take acknowledgments, by law of 1819 65 COMMISSIONER, OP DEEDS, to take acknowledgments, by law of 1829 86 " " "1845 98,117 " " "1847 120,124 " " " 1851 131 " " " 1869 147 " " "1872 159 198 INDEX. COMMISSIONER, UNITED STATES, to take acknowledgments, by law ot 18'74 page ITS COMMON LAW, adoption of 4* , power of married women by, to convey 15- CONFORMITY, certificate of, definition of 10 form of 11 to deeds, etc., executed out of State in United States, by law of 1802 5» " " " 1841 95 " " " 1845 98 " " " 1851 130 ' " " " 1872 15» to deeds, etc., executed out of United States, by law of 1802 59> " " " 1849 126 " " " 1872 162 CONSULS, UNITED STATES, to take acknowledgments, by law of 1849 126 " " " 1872 •. 160 COURTS, to take acknowledgments, by law of 1845 9S " " " 1872 157, 160 CURATIVE LAWS, concerning acknowledgments, etc., by law of 1802 22, 58 " " 1822 22, 70 " " 1829 22, 86 " " 1836.' 22,92 " " 1841 23,95 " " 1843 23, 9T " " 1847 23, 122 " " 1847 24,124 " " 1849 24,126 INDEX. IQ* by law of 1851 page 24, 128 " " " 1852 24,134 " " " 1852 25, 134 " " " 1853 25,135 " " " 1869 25,149 " " " 1872 25, 161, 162, 174 " " •' 1873 25,175 " " "1874 , ;. 26,179' " " " 1895 26,187 D DOWER, release of, acknowledgment of, (see married women). F FEME COVERT, conveyances and releases by, acknowledgment of, (see married women). H HOMESTEAD, release or waiver of ; acknowledgment of , by law of 1851 14, 127 " " " 1857 14,140' " " " 1872 14, 167 " " " 1872 14, 172. " " " 1887 185 HUSBAND AND WIFE, conveyances and releases by, acknowledgment of, (see married women). JUDGES AND JUSTICES, to take acknowlMgments, by law of 1795.. 53, 55- " " "1798". 57 " " "1802 60 " " " 1807 61 '< " "1819 65. 200 INDEX. by law of 182(.i page Y4 " " " 1S27 ^ W " " " 1829 86 " " '• 1H45 93 " '■ ■' 1847 120 " " "1872 157.159 JUSTICES, ' to take acknowledgments, (see .ludges and Justices). JUSTICE OF THE PEACE, to take acknowledgments. by law of 1798 o7 " " " 1802 tiO " " " 1807 01, (53 " " " 1819 ; . t).-., 69 " " " 1827 75 " " " 1829 80 " " " 1815 '. 98, 101 " " " 1847 120' " " " 1872 1.57.1.59 LAWS, of Illinois, (see laws published herein according to date). the/Common 49 the source of our 49 repealing, (see Acts). M ^MAGISTRACY, certificate of, definition of 10 form of 11 relating to judge of court of common pleas, by law of 1807 63 relating to justice of peace, by law of 1807 63 " " " 1819 .' 69 " " " 1824 86 " " " 1845 104 " " " 1847..-. 120 INDEX. 201 by law of 1851 page 120 " " " 1S72 161 relating to commissioner of deeds, by law of 1851. . .' 132 " " " 1895 187 relating to county commissioner, by law of 1819 m relating to officer, etc., by law of 1845 98 MAGISTRATE, OP CITY, to take acknowledgments, by law of 1795 .5(i " " " 1807 64 " " " 1819 m MARRIED WOMEN, no power to convey by common law 1.") separate property of, by law of 1861 143 acknowledgments by, by law of 1795 ; . . 15. 55 " " " 1802 Ki 5S " •' " 1807 1(1 (j2 " " " 1819 If), as " " " 1827 16.80,81 " " "1845 17,102,110 " " " 1847.. : 17,121 " " " 1853 17,135 " " " 1869.. 17,150 " " "1872 18,154.1.56 " " " 1874 18,178 MASTER IN •CHANCERY, to take acknowledgments, by law of 1863.. 145 " " " 1872. 157,173 MAYOR, OP CITY, ETC., to take acknowledgments, by law of 1795 53 " " " 1807.. 64 " " " 1819.. 66 202 INDEX. bylawof 1827 page 16 " " " 1829 86 " " " 1845 98 " " " 1847 •. [ 120 " " " 1872 159,160 MINISTER, UNITED STATES, to take acknowledgments, by law of 1872 160 MORTGAGES, releases of, acknowledgment of, bylawof 1839.. 95 " " " 1845 115 " " " 1869 , 147 " " " 1874 179 NON-RESIDENTS, in United States, acknowledgments by, by law of 1795 56 " " " 1802 58 " " " 1807 64 " '• " 1819 66 '• " " 1822 70i " " " 1827 75,84 " " " 1829 86 " " " 1841 95 " " " 1845 98 " " " 1847 120, 121, 122 " " " 1851....- 130 " " " 1869 148 " " " 1872 159 " " " 1874 176 out of United States, acknowledgments by, by law of 1795 56 " " "1802 58 i " " "1807 64 " " "1819 66 INDEX. 203 by law of 1822 page 70 "1827 75, 84 "1829 86 " 1845 98 "1847 120,121 " 1849 126 " 1869 148 "1872 160,162 NOTARY PUBLIC, to take acknowledgments, ,' , by laws of 1829 : . .K ■. 86 " " " 1845 98 " " " 1849 120 " " " 1869 :... 149 " " " 1872 : . 157, 1^9, 173 o OFFICERS, ETC., deeds by, acknowledgment of, by law of 1872 ^ 170 to take acknowledgments, > by law of 1795 ." 56 " " "1807 64 " " "1827 76 " " "1845 '. 98,105 " " "1872 160 PLACE, LAW OF, concerning acknowledgment, by law of 1802 58 " " "1822 70 " " "1841 95 '• '• "1845 ' 98 " " "1847 122 " " "1849.... 126 " " " 1872 159, 160, 162 PLATS, acknowledgment of, 204 INDEX. by law cf 1825 page 71 " ■■ ••1826 '-i: '• •■ "1833 89- ■' •' •1845 in " •• "1874 , , 180 vacation of. acknowledgment of, by law of 1847, 125 " " ''' 1874, 181 POWERS, OF ATTORNEY, to be acknowledged, by law of 1827, 8.5 " " "1845, 112 " •• "1872, 1.5T PROBATE JUSTICE OP PEACE, to take acknowledgments, by law of 1843, <)s- PROOFS, by subscribing witnesses, 9 by other witnesses, i> by whom taken, (see officers anl courts to take acknowledgments), manner of, by law of 1827, 76 " •• " 1845, 105 " " "1872, 162 certificate of, contents of, by law of 1827, 7(> " " " 1845, 105 " " " 1872, 162 R RECORD, relation between and acknowledgment, 11 certified copy of deeds, etc. , evidence, 12 by law of 1823 71 " " " 1827, 85 " " " 1845, 112 " " " 1851, 130 INDEX. ,205 by law of 1861, page 144 " " " 1872, no notice by, by law of 1837, 93 " " " 1845, 114 " " " 1851, 129 " " " 1872, 169 within what time deeds shall be recorded, by law of 1787, 52 " " " 1795....... 53 " " " 1802, 58 " " "1807, 61 " " " 1819, 65 " " " 1827, S4 REPEALING ACTS. repealing certain laws, 27 S ' SCHOOL LANDS, ■; • certificates of pijrchase, ', • ' Acknowledgment of, by law of 1837, 94 " '■ " 1845, 113 SECRETARY, OP LEGATION, ' to take acknowledgments, by law of 1872 : 160 SHERIFF, deeds by, acknowledgment of, by law of 1836, 92 " " " 1845, 115 " '■ " 1872, 170 SOURCE OF LAWS, adoption of common law, 49 governmental jurisdiction and constitutional authority . . 49 STATUTES, of Illinois, (see laws as published herein according to date) repealing, (see Acts). 206 INDEX. TAX DEEDS, need not be acknowledged, by law of 1873, .page 175 w WIFE, conveyances and releases by, acknowledgments of, (see married women). WITNESSES, attestation of deeds by, 9 to deeds by ordinance of 1787, 52 those subscribing deeds, etc., (see proof by wbom taken), other than those subscribing deeds, etc., by law of 1795, 54 62 67 116 167 184 1807, 1819, 1845, 1872, 1883, iSBBKIffilir Si. ■ '',t'fl <4^ ■! '!'i ' *lliii !• 'il L /■•■ -' "ii|'i| 4ii< r|l!l*l|ilih lllln'l W . " r'l ■' "•■ 1 1 WMilliiril 'l*llll fcl'f i