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subscribing witnesses, are deceased or cannot be had, the judge or officer, as afore said, may take proof of the handwriting of such deceased party and subscribing witness or witnesses (if any); and the examination 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 subscribing witness, the judge or officer shall grant a certificate thereof stating the proof aforesaid. [R. S. 1845, p. 107, § 20.

25. PROOF OF EXECUTION.] § 25. If any grantor shall not have duly ackowledged 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 disinterested persons swearing to each signature. [R. S. 1845, p. 110, § 41.

26. FORM OF ACKNOWLEDGMENT.] § 26. A certificate of acknowledgment, substantially in the following form, shall be sufficient:

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I (here give name of officer and his official title) do hereby certify that (name of grantor, and if acknowledged by wife, her name, and add "his wife") personally known to me to be the same person whose name is (or are) subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that -he- (she or they) signed, sealed and delivered the said instrument as his (her or their) free and voluntary act, for the uses and purposes there

in 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.)

27. RELEASE OF HOMESTEAD.] § 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 waiving 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 instrument 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. [See "Exemption," ch. 52, § 4. L. 1851, p. 25, § 1.

28. DEEDS, ETC., TO BE RECORDED.] § 28. Deeds, mortgages, powers of at torney, and other instruments relating to or affecting the title to real estate in this state, shall be recorded in the county in which such real estate is situated; but if such county is not organized, then in the county to which such unorganized county is attached for judicial purposes. [As amended by act approved April 3, 1873; in force July 1, 1874. R. S. 1845, p. 108, § 22.

29. CERTIFIED COPIES RECORDED EVIDENCE.] § 29. Where an original deed, mortgage or other instrument relating to or affecting the title to real estate, having tracts of land therein described lying in different counties, has been or may hereafter be recorded in any of such counties, it shall be lawful to record a certi fied copy of such deed or other instrument in counties where the original has not been recorded; and the recording of such certified copy heretofore or hereafter shall be notice in the same manner that the filing and recording of the original would be, and copies from such records shall be prima facie evidence to the same extent as if the original had been so recorded. L. 1857, p. 40, § 3.

30. EFFECT OF RECORDING AS TO CREDITORS, ETC.] § 30. All deeds, mortgages and other instruments of writing which are authorized to be recorded, shall take effect and be in force from and after the time of filing the same for record, and not before, as to all creditors and subsequent purchasers, without notice; and all such deeds and title papers shall be adjudged void as to all such creditors and subsequent purchasers, without notice, until the same shall be filed for record. [R. S. 1845, p. 108, § 23.

31. RECORD OF DEEDS, ETC., NOT ACKNOWLEDGED-NOTICE.] § 31. Deeds, mortgages and other instruments of writing relating to real estate shall be deemed, from the time of being filed for record, notice to subsequent purchasers and cred itors, though not acknowledged or proven according to law; but the same shall not be read as evidence, unless their execution be proved iu manner required by the rules of evidence applicable to such writings, so as to supply the defects of such acknowledgment or proof. [R. S. 1845, p. 109, § 28.

32. ACKNOWLEDGMENTS BY OFFICERS.] § 32. All deeds which may be exeented by any administrator, executor, guardian, conservator, commissioner, master in chancery, sheriff, or other officer, of any real estate sold in pursuance of any decree or on execution, upon being acknowledged 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 situ ated. [R. S. 1845, p. 109, § 29.

33. WILLS RECORDED-NOTICE EVIDENCE.] § 33. All original wills duly proved, or copies thereof duly certified, according to law, and exemplifications of the record of foreign wills made in pursuance of the law of congress in relation to records in foreign states, may be recorded in the same office where deeds and other instruments concerning real estate may be required to be recorded; and the same shall be notice from the date of filing the same for record as in other cases, and certified copies of the record thereof shall be evidence to the same extent as the certified copies of the record of deeds. [L. 1857, p. 39, § 2.

34. DEEDS OF FOREIGN EXECUTORS.] § 34. Where deeds conveying lands in this state have heretofore been or may hereafter be executed by executors, duly qualified in pursuance of due power vested in them by will, executed and proved out of this state, the same shall be evidence of title in the vendee or grantee, to the same extent as was vested in the testator at the time of his death, whether such will has been proved in this state or not, unless, at the time of executing such deed, letters testamentary or of administration upon the estate of the deceased shall have been granted within this state, and remain unrevoked. [See "Administration of Estates," ch. 3, § 42; L. 1857, p. 39, § 1.

35. DEEDS, ETC., EVIDENCE-RECORD OR COPY 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 execution 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 recorded, may be read in evidence, in any court of this state, without further proof thereof. [R. S. 1845, p. 108, § 25.

36. PROOF OF LOSS, ETC.-RECORD OR COPY 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 according 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 disposed of for the purpose of introducing a copy thereof in place of the original, the record of such deed, conveyance or other writing, or a transcript of the record thereof, 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. [L. 1861, p. 174, § 1.

37. AFFIDAVIT-PROOF OF MAGISTRACY.] § 37. All affidavits required to be made and produced under the foregoing section, may be made in any county in 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 the laws of the state of Illinois to take acknowledgments of deeds and administer oaths and affirmations, and certified to by the said officer, under his seal of office, if such officer have an official seal; but if taken and certified 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. [L. 1861, p. 174, §2.

38. CONSTRUCTION.] $38. The term "real estate," as used in this act, shall be construed as co-extensive in meaning with "lands, tenements and hereditaments," and as embracing all chattels real. This act shall not be construed so as to embrace last wills and testaments, except as herein expressly provided. [R. S. 1845, p. 110, § 39, 40.

[§ 39, repeal, omitted. See "Statutes," ch. 131, § 5.]

AN ACT concerning covenants of warranty. [Approved March 27, 1874. In force July 1, 1874.] 39. WARRANTY-HIGHWAY.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That no covenant of warranty shall be considered as broken by the existence of a highway upon the land conveyed, unless otherwise particularly specified in the deed.

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1. COMMISSION.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That every coroner shall be commissioned by the governor, but no commission shall issue except upon the certificate of the county clerk of the proper county of the due election or appointment of such coroner, and that he has filed his bond and taken the oath of office as hereinafter provided. [R. S. 1845, p. 514, § 1.

2. BOND.] §2. Before entering upon the duties of his office, he shall give bond, with two or more sufficient sureties, to be approved by the judge of the county court of his county, in the penal sum of $5,000, (except that the bond of the coroner of Cook county shall be in the penal sum of $15,000) payable to the People of the State of Illinois, conditioned that he will faithfully discharge all the duties required or to be required of him by law as such coroner or as sheriff of the county, in case he shall act as such; which bond shall be entered at large upon the records of the county court and filed in the office of the county clerk of his county. [See "Official Bonds," ch. 103, § 4. R. S. 1845, p. 514, § 2, 3.

3. OATH.] § 3. He shall also, before entering upon the duties of his office, take and subscribe the oath or affirmation prescribed by section 25, article 5 of the constitution, which shall be filed in the office of the county clerk of his county. [R. S. 1845, p. 514, § 2, 3.

4. FAILING TO GIVE BOND OR TAKE OATH.] § 4. If any person elected or appointed to the office of coroner of any county shall fail to give bond, or take the oath required of him, within twenty days after he is appointed or declared elected, the office shall be deemed vacant. [R. S. 1845, p. 514, § 4.

5. COPIES OF BOND EVIDENCE.] § 5. Copies of such bond, certified by the county clerk, or of the said record thereof certified by the clerk of the county court, shall be received as evidence. [R. S. 1845, p.514, § 3.

6. CONSERVATOR OF THE PEACE.] § 6. Each coroner shall be conservator of the peace in his county, and, in the performance of his duties as such, shall have the same powers as the sheriff. [R. S. 1845, p. 515, § 6.

7. WHEN CORONER TO ACT AS SHERIFF.] § 7. When it appears from the papers in a case that the sheriff or his deputy is a party thereto, or from affidavit

filed that he is interested therein, or is of kin, or partial to or prejudiced against either party, the summons, execution or other process may be directed to the coroner, who shall perform all the duties in relation thereto, and attend to the suit in like manner as if he were sheriff; and the interests, consanguinity, partiality or prejudice of the sheriff shall not be cause for a change of venue. [See “ Practice," ch. 110, § 1. R. S. 1845, p. 517, § 18.

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S. WHEN CONSTABLE TO ACT FOR CORONER.] $8. If there is no coroner, or it shall appear in like manner that he is also a party to or interested in the suit, or of kin, or partial to or prejudiced against either party, process may in like manner issue to any constable in the county, who shall perform like duties as required of the coroner. [R. S. 1845, p. 517, § 18.

9. SHERIFF'S OFFICE VACANT-CORONER TO ACT.] $ 9. Where the office of the sheriff is vacant, the coroner of the county shall perform all the duties re quired by law to be performed by the sheriff, and have the same powers, and be liable to the same penalties and proceedings as if he were sheriff, until another sheriff is elected or appointed and qualified. [R. S. 1845, p. 517, § 18.

INQUESTS.

10. TO TAKE CHARGE OF BODY-JURY.] § 10. Every coroner, whenever and as soon as he knows or is informed that the dead body of any person is found or lying within his county, supposed to have come to his death by violence, casu alty or any undue means, he shall repair to the place where the dead body is and take charge of the same, and forthwith summon a jury of twelve good and lawful men of the neighborhood where the body is found or lying, to assemble at the place where the body is, at such time as he shall direct, and upon a view of the body, to inquire into the cause and manner of the death. R. S. 1845, p. 517, $19.

11.

BYSTANDERS.] § 11. If a sufficient number of jurors so summoned do not attend, the coroner shall summon others from among the bystanders to make up the jury. [R. S. 1845, p. 517, § 19.

12. PENALTIES AGAINST JURORS.] § 12. Whoever, being so summoned as a juror, fails or refuses, without good cause, to attend at the time and place required, or appearing, refuses to act as such juror, or misbehaves while acting as such juror, shall, on complaint of the coroner before any justice of the peace in the county, be fined not less than three nor more than twenty dollars. [R. S. 1845, p. 517, § 19.

13. OATH OF JURORS.] § 13. When the jury are assembled, the coroner shall appoint one of the number as foreman, and, in view of the body, administer to him an oath or affirination, in the following form, to-wit:

You, as foreman to this inquest, do solemnly swear (or affirm, as the case may require,) that you will diligently inquire, and true presentment make, how, in what manner, and by whom or what, the body which here lies dead, came to its death; and that you will deliver to me, the coroner of this county, a true inquest thereof, according to such evidence as shall be given you, and according to the best of your knowledge and belief; so help you God.

And to the other jurors, one as follows, to wit:

The same oath which A B, your foreman, has just now taken on his part, you and each of you do solemnly swear (or affirm, as the case may require,) to keep on your respective parts; so help you God.

[R. S. 1845, p. 517, § 20.

14. DUTY OF JURORS.] § 14. It shall be the duty of the jurors, as sworn as aforesaid, to inquire how, in what manner, and by whom or what, the said dead body came to its death, and of all other facts of and concerning the same, to gether with all material circumstances in anywise related to or connected with the said death, and make up and sign a verdict, and deliver the same to the coroner. [R. S. 1845, p. 518, § 20.

15. SUMMONING AND COMPELLING ATTENDANCE OF WITNESSES

OATH.

§ 15. The coroner shall have power to summon, or cause to be ummoned, and Compel the attendance of all such witnesses whose testimony ...y probably be requisite to the proving of any fact or circumstance relating to the object of such his inquest, and to administer to such witnesses the proper oath. p. 518, § 21.

[R. S. 1845,

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