court. And if any such person or clerk shall presume to open any such deposition when taken and returned as aforesaid, without such consent or permission, as aforesaid, he shall be considered guilty of a contempt of court, and may be punished accordingly: Provided, that it shall not be considered an offense for the clerk to break open any such deposition, as aforesaid, where it is doubtful, from the indorsements made thereon. whether the same be a deposi. tion or not; but in such case, it shall not be proper for such clerk to permit any person to examine any deposition which may be thus opened by mistake, until permission shall have been first given by the court as aforesaid, or by consent indorsed aforesaid.

ties not to dic

§ 33. The party, his attorney, or any person who shall Interested parin anywise be interested in the event of the suit, shall not tate depositions be permitted to dictate, write or draw up any deposition which may at any time be taken under this act, or be present during the taking of any deposition by written interrogatories; and every deposition so dictated, written or drawn up, or during the taking of which any such party, his attorney, or any person so interested is present when the same is taken upon written interrogatories as aforesaid, shall be rejected by the court as informal and insufficient.

evidence.

34. Every examination and deposition which shall be Depositions as. taken and returned according to the provisions of this act, may be read as good and competent evidence in the cause in which it shall be taken, as if such witness had been present and examined by parol in open court, on the hearing or trial thereof.

When full anare not

given.

35. If it shall appear to the satisfaction of the court that any witness has not given full or proper answers to the swers interrogatories or cross-interrogatories accompanying the commission to take his testimony, or that a further examination ought to be allowed to either party for the ends of justice, may allow another commission to issue to the same or other commissioner, to further examine the witness in such manner and upon such conditions and notice as the court shall direct.

§ 36. Each and every commissioner, judge, justice of Subpenas, the peace, or clerk of court, master in chancery, notary public or other officer who may at any time be required to take depositions in any cause pending in any of the courts of law or equity in this state, or by virtue of any commission issued out of any court of record in any other state or territory, shall have power and authority to issue subpenas, if necessary, to compel the attendance of all such witnesses as shall be named in the commission, or by the parties litigant, where no commission is necessary, in the same manner and under the same penalties as is prescribed in other cases, where witnesses are directed to be subpenaed.

Compensation of witnesses.

Oral testimony.

Perpetuating

tition.

$37. Every witness attending before any commissioner, judge, justice of the peace, clerk or other person authorized to take depositions, as aforesaid, to be examined as aforesaid, shall be entitled to a compensation for his time and attendance and traveling expenses, at the same rate, for the time being, as is or shall be allowed by law to witnesses attending courts of record in this state; and the party requiring such examination shall pay the expenses thereof, but may, if successful in the suit, be allowed for the same in the taxation of costs.

§ 38. On the trial of every suit in chancery, oral testimony shall be taken when desired by either party.

PERPETUATING TESTIMONY.

§ 39. In all cases hereafter, where any person shall detestimony-pe- sire to perpetuate the remembrance of any fact, matter or thing, which may relate to the boundaries or improvements of land; name or former name of water courses; the name or former name of any portion or district of country; regarding the ancient customs, laws or usages of the inhabitants of any part of this country, as far as the same may relate to the future settlement of the land claims; or touching the marriage or pedigree of any person or persons, or any other matter or thing necessary to the security of any estate, real, personal or mixed, or any private right whatever, it shall be lawful for such person, upon filing a petition supported by affidavit, in the circuit court of the proper county, setting forth, briefly and substantially, his interest, claim or title in or to the subject concerning which he desires to perpetuate evidence, the fact intended to be established and the names of all other persons interested or sup posed to be interested therein, and whether there are any persons interested therein whose names are unknown to the petitioner, and the name of the witness proposed to be examined, to sue out from such court a dedimus potestatem or commission, directed to any competent and disinterested person as commissioner, or to any judge, commissioner of deeds, master in chancery, notary public, clerk of a court or justice of the peace in the county in which such witness resides or in which the testimony is to be taken, authorizing him or them to take the deposition of such witness.

$40. Such petition shall be docketed by the clerk, as other cases in equity; the petitioner being designated as plaintiff and the persons stated to be interested, as aforesaid, as defendants-the parties whose names are unknown being designated as "unknown owners."

41. Several commissions may be issued, upon the same petition, to different commissioners or officers, either within or without this state, to take the testimony of different witnesses, or witnesses residing in different places, or

the same commissioners or officers may proceed from place to place to take the same.

given.

42. Before taking the testimony of a witness, the per- Notice to be son suing cut such commission shall give to each and every person known to be interested in the subject matter of such testimony, or his attorney, or, if a minor, his guardian, or, if he has no guardian or if his guardian is interested, to such guardian ad litem as shall be appointed by the court, or to his or her conservator if he or she has one, two weeks, notice, in writing, of the time and place when and where the testimony will be taken, which notice shall state when and where the petition was filed, the names of the parties and witnesses mentioned in the petition, and a short statement of the subject matter concerning which the testimony is to be taken.

Non-resident

843. Notice to non-resident parties, or such as cannot be found so as to be personally served, and to unknown parties. owners, may be given in the same manner as is provided for notifying non-resident parties in suing out a commission to take testimony in a case pending.

844. When, in the opinion of the court, no sufficient Court may orprovision is made by law for giving notice to parties ad- der notice. versely interested, the court may order such reasonable notice to be given as it shall deem proper.

sons may attend

$45. Every person who may think himself interested Interested perin the subject of a deposition about to be taken, may attend, by himself or his attorney, at the time and place of taking such testimony, and may examine and cross-examine such deponent; and all such questions as may be proposed, together with the answers thereto by the witness, shall be reduced to writing in the English language, as near as possible in the exact works of such deponent, which said questions and answers, when reduced to writing as aforesaid, shall be distinctly read over to the witness; and if found to be correct, shall be signed by him in the presence of the commissioner or officer before whom the same is taken, who shall thereupon administer an oath or affimation to such witness, as to the truth of the deposition so taken as aforesaid, and shall annex at the foot thereof a certificate, subscribed by such commissioner or officer, stating that it was sworn to and signed by the deponent, and the time and place when and where the same was taken; and all such depositions, when thus taken, shall be carefully sealed up, and transmitted to the clerk of the circuit court of the county from which such dedimus shall have been issued, within thirty days from the time of taking the same; who shall thereupon enter the same at large upon the records in his office, and shall certify on the back of such deposition that the same has been duly recorded, and return it to the person for whose benefit it shall have been taken.

Depositions or certiñed copies.

Interpreters.

Commissioners of land.

§ 46. All depositions taken under the provisions of the seven preceding sections, or a certified copy of the record thereof, may be used as evidence in any case to which the same may relate, in the same manner and subject to the same conditions and objections as if it had been originally taken in the suit or proceeding in which it is sought to be used; and parties notified as "unknown owners," in the manner herein before provided, shall be bound to the same extent as other parties.

§ 47. Interpreters may be sworn truly to interpret, when necessary in taking depositions.

§ 48. All testimony that has been or may hereafter be taken by commissions of surveyors for the establishing of original corners of land, shall be filed with their report to court, and may be read as evidence in all suits in reference to said corners hereafter.

APPROVED March 29, 1872.

In force July 1, 1872.

FARMERS AND FRUIT GROWERS.

AN ACT for the protection of farmers, fruit growers, vine growers and gardeners.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That every farmer, fruit and vine grower, and gardener, shall have an undisputed right to sell the produce of his farm, orchard, vineyard and garden in any place or market where such ar ticles are usually sold, and in any quantity he may think proper, without paying any state, county or city tax, or license, for doing so, any law, city or town ordinance to the contrary notwithstanding: Provided, that the corporate authorities of any such city, town or village may prohibit the obstruction of its streets, alleys and public places for any such purpose: And, provided, further, that nothing in this act shall be so construed as to authorize the sale of spirituous, vinous or malt liquors, contrary to laws which now are or hereafter may be in force prohibiting the sale thereof. APPROVED January 13, 1872.

FEEBLE-MINDED CHILDREN.

AN ACT incorporating the Illinois Institution for the Education of Feeble- In force July 1, minded Children.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That for the care, support, education and training of idiotic and imbecile children and youth, a corporation is hereby created, to be known by the name of "The Illinois Institution for the Education of Feeble-minded Children," and to have perpetual succession, with power to contract and to be contracted with, to sue and be sued, to plead and be impleaded, to receive by any legal mode of transfer or conveyance, and have, hold and use, property of every description, and to sell and convey the same; also to have and use a common seal, with power to change the same; also to adopt by-laws, rules and regulations for the government of its members, officers, agents, employès and inmates: Provided, that such by-laws shall not be contrary to the constitution of the state of Illinois or of the United States.

1871.

Corporation created-style.

§ 2. The object of said corporation shall be to promote, object. by all proper and feasible means, the intellectual, moral and physical culture of that unfortunate portion of the community who have been born, or by disease have become idiotic, imbecile or feeble-minded, and by a judicious and well adapted course of instruction and training, and management, to ameliorate their condition, and to develop as much as possible their intellectual faculties-to reclaim them from their hopeless condition, and fit them, as far as possible, for tnture usefulness in society.

trustees.

§ 3. The number of trustees shall not exceed three, and Number not more than one member shall be appointed from any one county. Said trustees shall be appointed by the governor, with the advice and consent of the senate; shall serve without compensation; their term of service shall be six years, respectively, except in the case of the first board, one of whom shall be appointed for two years, one for four years, and one for six years from the passage of this act, and until their successors are appointed and qualified; and at the expiration of their respective terms of office, the vacancies shall be filled for the full term. Should any vacancy occur by death, resignation or otherwise, such vacancy shall be filled by the governor by an appointment for the unexpired term of the trustee whose place was thus vacated.

trustees.

of

4. The said trustees shall each be paid his traveling Expenses of and personal expenses while in the service of the institution. The said expenses shall be paid out of funds appro