its execution. A blank column shall be kept, in which may be entered a note of the satisfaction or other disposition of the judgment or decree, and when satisfied by execution, or otherwise, or set aside or enjoined, the clerk shall enter a minute thereof in such column, showing how disposed of, the date, and the book and page where the evidence thereof is to be found. Such dockets may be searched by persons, at all reasonable times, without fee.

Fifth-A fee book, in which shall be distinctly set down, in items, under the proper title of the cause, and heads, the costs of each suit, including clerk's, sheriff's and witness' fees, stating the name of each witness having claimed his attendance during the term, with the number of days he attended at each term. It shall not be necessary to insert the costs in the judgment or decree; but whenever a suit is determined, and final judgment entered, the costs of each party litigant shall be made up and entered in such fee book, which shall be considered a part of the record and judgment, subject, however, at all times, to be corrected by the court; and the prevailing party shall be considered as having recovered judgment for the amount of the costs so taxed in his favor, and the same shall be included in the execution issued upon such judgment or decree, and a bill thereof accompanying each execution. If any clerk shall issue a fee bill or a bill of costs with the execution, without first entering the same in his fee book, or if any such bill of costs or fee bill shall be so issued which shall not be in substance a copy of the recorded bill, the same shall be void. And any person having paid such bill of costs or fee bill, may recover from the clerk the amount thereof, with costs of suit, in any court of competent jurisdiction. [See "Costs," ch. 33, § 25-28.

Sixth-The clerk's, judge's and bar docket, as provided by section fourteen of the act in relation to practice in courts of record, with alphabetical indices thereto, by the name of each plaintiff and defendant.

Seventh-Such other books of record and entry as are provided by law, or may be required in the proper performance of their duties. All records, dockets and books required by law to be kept by such clerks, shall be deemed public records, and shall at all times he open to inspection without fee or reward. [L. 1865, p. 79, § 1; R. S. 1845, p. 419, § 43; p. 418, § 40, 41; p. 249, § 28; p. 419, § 45; p. 414, § 9.

17. FAILURE TO KEEP BOOKS, ETC.] § 17. If any such clerk shall fail to keep any such docket, or record book, or any book required by law to be kept by him, or to make the proper entries therein at the time required by law, or, when no time is fixed, within a reasonable time, he shall be fined by the court not exceeding $100, and for a subsequent offense he may be fined in a like amount, or proceeded against as for a misdemeanor in office, and removed from his office. [L. 1865, p. 80, § 2.

18. BOOKS, STATIONERY, ETC., OF CLERKS OF SUPREME COURT.] § 18. The several clerks of the supreme court shall, from time to time, procure the books and stationery necessary for their respective offices, and proper presses (when the same or sufficient vaults are not already provided) for the safe keeping of the archives of their offices, and the accounts therefor shall be certified by the court to the auditor of public accounts, who shall draw his warrants on the state treasury for the amount of the same, to be paid out of the appropriations that shall be made therefor. [R. S. 1845, p. 250, § 32.

19. BOOKS, STATIONERY, ETC., FOR CLERKS OF CIRCUIT, COUNTY, SUPERIOR AND CRIMINAL COURT.] 8 19. The several clerks of the circuit and county courts of the respective counties, and the clerks of the superior court of Cook county, and the criminal court of Cook county, shall, from time to time, as may be necessary, procure the proper books and stationery for their respective offices, unless the same are provided by the county board, as provided by law. [See "Counties," ch. 34, § 26. R. S. 1845, p. 250, § 32.

20. ROOMS, OFFICE FURNITURE, ETC.] § 20. The necessary rooms and office furniture, the proper vaults or other means for the safe keeping of the archives of their respective offices, shall be provided for the several clerks mentioned in the preceding section by the county boards of their respective counties, and the

cost thereof paid out of the county treasury. [See "Counties," ch. 34, § 26; R. S. 1845, p. 250, § 33.

21. CLERK GOING OUT OF OFFICE-DELIVERY TO SUCCESSOR.] § 21. Whenever a clerk of any court shall go out of office, it shall be his duty to deliver over to his successor, and of his successor to demand and receive from him, all the books, papers, records and other things appertaining to his office, or in the pos session of such outgoing clerk, by virtue of his office. And should any person herein required to give up the books, papers, records and other things, as aforesaid, refuse so to do on such application and demand, the court shall have power to use such compulsory process, and take such measures as may be necessary to coerce the delivery as aforesaid, according to the true intent and meaning hereof. [See "Criminal Code," ch. 38, § 216-219; R. S. 1845, p. 147, § 38.

22. JUDGES TO EXAMINE OFFICES, ETC., OF CLERKS.] § 22. The judges of the several courts shall, as often as once in each year, make an examination of the offices of the clerks of their respective courts, and may give such directions and make such orders in regard to the keeping of the same, and the records and papers thereof, not contrary to law, as they shall deem best. [R. S. 1845, p. 147, 8 39.

DUTIES PECULIAR TO CLERKS OF COUNTY COURTS.

23. CITATIONS, ETC.] § 23. The clerks of the several county courts of this state are authorized, upon filing petition and giving proper boud, to grant letters testamentary or of administration, and citations in vacation, subject to the ap proval or disapproval of the court, at its next regular term. [L. 1851, p. 193, § 3.

24. MANNER OF KEEPING RECORDS.] § 24. They shall keep a docket, in which they shall enter all the unsettled estates in their office, the name of the administrator, the date of the letters of administration, the amount of the bond, and the names of the securities thereto, the names of the heirs and widow, when known, the time of filing inventory and sale bill, and amount of sale bill-leav ing a sufficient margin for remarks. Said book to be prepared, substantially, in the following form:

Name of deceased Date of and administrator. letters.

A mount of bond, and names of securities.

Widow and heirs.

When inventory and sale bill filed, and am nt) of sale bill.

Remarks.

The dockets shall have an alphabetical index, in which shall be entered each estate, and the page upon which it is docketed. [L. 1859, p. 92, § 2.

25. CLAIM DOCKET.] § 25. Such clerks shall also keep a docket, in which shall be entered a minute of all claims filed against estates, in the order in which they are filed, setting forth the name of the claimant and of the estate against which the same is filed, the nature and amount of the claim, if summons was issued thereon, when and where returnable, with sufficient margin opposite each claim for the judgment of the court; which book shall be prepared and kept substantially in the following form:

Names of claimant and Nature and amount of claim.

estate.

Memorandum as to sum.
mous and notice.

Judgment of court.

[L. 1859, p. 93, § 4.

26. JUDGMENT DOCKET.] § 26. The judgment docket shall have an alphabetical index kept by the clerk, both direct and indirect-the direct memorandum in the index to show the name of the claimant, the name of the estate, and the page upon which the claim will be found; the indirect memorandum in the index shall merely be the name of the estate, opposite which shall be set down the various pages upon which judgments are entered, either against or for the estate. [L. 1859, p. 94, § 5.

27. BOND, ETC., RECORD. § 27. Such clerks shall also provide well bound books, in which to record bonds and letters of administrators, executors and guardians, inventories, appraisement bills and sale bills of estates, widows' relinquishments and selection, inventories of property of minors' wills, and the probate thereof, annual and final reports of administrators, executors and guardians, and such other exhibits or writings as are required by law to be recorded; and, also, a book to be called a ledger, in which shall be kept the accounts of all executors, administrators and guardians; the debit side to be made up of all items with which the executor, administrator or guardian is charged, with a memorandum opposite each item of charge of the book and page in which the orig inal entry is made; the credit side shall be made up of all sums properly paid by the executor, administrator or guardian, under the laws of this state, which have been allowed by the court; opposite each item of credit a like memorandum shall be made, showing the book and page where the original entry is to be found. Each of the books required to be kept by this section shall have an alphabetical index, with proper entries, so that the contents may be readily found. The clerks shall, as heretofore, keep a journal of the proceedings of the court. A full summary of all settlements made by executors, administrators or guardians, shall be entered in the journal. The journal shall have a copious alphabetical index of all entries made therein. [L. 1859, p. 94, § 6.

AN ACT in relation to the issuing of fee bills. [Approved and in force Feb. 24, 1859. L. 1859, p. 112.]

28. WITHIN WHAT TIME FEE BILL MAY BE ISSUED.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That hereafter, any clerk of any court of record in this state may, upon proper precipe filed in his office therefor, issue fee bills for costs, at any time, within eleven years after the rendition of the judgment or accruing of the right to issue the same; which fee bills shall have the same force and effect as if issued within the year next succeeding the judgment.

AN ACT to authorize the governor of this state to appoint commissioners to take the acknowledgment or proof of the executions of deeds and other instruments, and to take depositions, etc., in other states, territories, etc. [Ap proved and in force February 19, 1869. L. 1869, p. 92.]

1. APPOINTMENT-TERM OF OFFICE-POWERS.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the gov ernor of this state may appoint and commission in any other state, in the District of Columbia, in each of the territories of the United States, and in any foreign country, as many commissioners as he may deem expedient: Provided, that the number of such commissioners shall at no time exceed five in any one city or county; who shall continue in office for four years, and shall have authority to take relinquishments of dower of married women, the acknowledgment or proof of the execution of any deed or other conveyance, or lease of any land lying in this state, or any contract, assignment, transfer, letter of attorney, satisfaction of a judgment, or of a mortgage, or of any other instrument or writing, under seal or not, to be used or recorded in this state. And any such commissioners, appointed for any foreign country, shall also have authority to certify to the official character, signature or seal of any other officer within their district who is authorized to take acknowledgments or declarations under oath.

2. OATH-SEAL.] § 2. Every such commissioner, before performing any duty or exercising any power in or by virtue of his appointment, shall take and subscribe an oath or affirmation, before a judge or clerk of one of the courts of record of the district, state or territory or country in which said commissioner shall reside, well and faithfuly to execute and perform all the duties of such commis sioner, under and by virtue of the laws of the state of Illinois. And every such commissioner shall, before he enters upon the duties of his office, cause to be prepared an official seal, in which shall be designated his name, and the words, "a commissioner for the state of Illinois," together with the name of the state, territory or country, and also the city or county within which he shall reside or have an office, and for which he shall have been appointed; and shall, within six months after his appointment, transmit to, and cause to be filed in the office of the secretary of state of this state, said oath or affirmation, and also a distinct impression of such seal, taken upon wax or some other substance capable of receiving and retaining a clear impression, together with his signature in his own proper writing.

3. EFFECT OF HIS ACTS.] § 3. Such acknowledgment or proof, so taken according to the laws of this state, and certified to by any such commissioner, under his seal of office, annexed to, impressed or indorsed on any of the instru ments in writing provided for or mentioned in section one (1) of this act. shall

have the same force and effect, and be as good and effectual to all intents and purposes in law, as if the same had been made or taken before any officer authorized to take such proof or acknowledgment, residing in this state; and any instrument so authenticated shall be entitled to be recorded in any county in this

state.

4. OATHS-DEPOSITIONS.] § 4. Every commissioner shall have power to administer any oath which may be lawfully required in this state, to any person willing to take it, and to take and certify depositions to be used in any of the courts of this state, in conformity to the laws thereof, either on interrogatories proposed under commission from a court of this state, or by consent of parties, or on legal notice given to the opposite party; and all such acts shall be as good and valid in law as if done and certified according to law by any officer authorized to administer oaths or take depositions within or without this state.

5. ADDITIONAL COMMISSIONERS.] § 5. That the governor of this state is hereby authorized to name, appoint and commission, in addition to the number authorized by the first section of this act, one commissioner for every 10,000 inhabitants in the cities of other states and territories, but no commission shall issue to any applicant unless he shall present to the governor a certificate, under seal of the mayor of the city, or the judge of a court of record of the city in which such applicant resides or desires to open an office, of the number of inhabitants of said city, and that said applicant is a proper person to receive such appointment.

6. REPEAL OF FORMER LAWS.] § 6. That all laws heretofore passed authorizing the appointment of commissioners to take the proof and acknowledgment of deeds and other instruments, and to administer oaths in other states and territories, and prescribing the duty and authority of such commissioners, are hereby repealed: Provided, such repeal shall not affect appointments heretofore made under such laws hereby repealed.

7. FORMS AND INSTRUCTIONS.] § 7. It shall be the duty of the secretary of state of this state to prepare instructions and a set of forms, in conformity with the laws of this state in reference to the taking of acknowledgments of deeds and other instruments in writing, and in reference to taking depositions under the laws of this state, and when any person appointed a commissioner under this act shall have filed the oath, impression of seal and signature herein before provided, in the office of such secretary, the said secretary of state shall forthwith forward to such person a certificate stating that such person has complied with the law, and shall also forward to such person a copy of such instructions and set of forms, to be prepared as aforesaid, together with a copy of this act, for which said secretary shall be entitled to demand and receive the sum of $5 of said party.

APPOINTMENT FORFEITED.] § 8. Any person appointed commissioner under this act, who shall not within six months after his appointment comply with the requirements hereof, and become a resident of or open an office in the city, county, state, territory or country for which he may be appointed, shall forfeit all rights conferred by such appointment, and the power and authority of such commissioner conferred by this act shall cease.

9. WHEN ACT TAKES EFFECT.] § 9. This act shall take effect and be in force from and after its passage.