. Where service has been ren

to each clerk or other person a certified statement of the same, under the seal of said court; and it shall be the duty of the county commissioners' court of the county where said clerk or other person shall be appointed, on the production of said certified statement, to pay to said. clerk or other person the amount which appears to be due him out of the county treasury.

SEC. 2. In all cases where services have been rendered by clerks or other persons, at the last general elecdered and not tions, and for which compensation has not already been allowed, it shall be the duty of the respective courts to make the allowance herein provided for by the first sec tion of this act.

allowed.

APPROVED, Feb. 25, 1833.

In force Feb. AN ACT requiring Clerks of courts to renew their official

26, 1833.

bonds periodically.

SEC. 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That at the SeptemClerks of the ber term of the county commissioners' courts, in the year sioners' courts eighteen hundred and thirty-three, the clerks of the serequired to re- veral county commissioners' courts of this state, shall new their bonds renew their official bonds, with security, to be approved

county commis

Clerks of the supreme & circuit courts shall renew their bonds.

Said bonds to

office of the

by the courts of which they are clerks, in the penalty and conditioned, as required by law; which bond, when approved, shall be spread upon the records; and such clerks shall be required every four years thereafter, to give a new bond, to be approved and spread upon the record in like manner.

SEC. 2. The clerks of the circuit and supreme courts of this state are hereby required, on or before the fall or winter term, in the year eighteen hundred and thirtythree, to renew their official bonds, with security, to be approved of by the courts of which they are clerks, in the penalty and conditioned, as required by law; which bond shall be spread upon the records of the courts of which they are clerks respectively; and every four years thereafter, such clerks shall renew their official bonds, with security, penalty and condition as aforesaid; and to be spread upon the records in like manner.

SEC. 3. When any such bonds shall be given, it shall be filed in the be the duty of the clerk immediately to transmit the same to the office of secretary of state, who shall file preserve the same in his office; and if any clerk shall

secretary of state,

and

2

fail to give, or renew his official bond, as required by this act, it shall be the duty of the court of which he is clerk, thereupon, to remove him from office.

APPROVED, Feb. 26, 1833.

CONVEYANCES.

AN ACT concerning conveyances of Real Property.

Sec. 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That livery of seizin shall in no case be necessary for the conveyance of real property; but every deed, mortgage, or other conveyance in writing, signed and sealed by the party making the same, the maker or makers being of full age, sound mind, discovert, at large, and not in duress shall be sufficient, without livery of seizin, for the giving, granting, selling, mortgaging, leasing or otherwise conveying or transferring any lands, tenements, or hereditaments in this state; so as to all intents and purposes, absolutely and fully to vest in every donee, grantee, bargainee, mortgagee, lessee, or purchaser, all such estate or estates as shall be specified in any such deed, mortgage, lease, or other conveyance: Nothing herein contained shall be so construed as to divest or defeat the older or better estate or right of any person or persons, not party to any such deed, mortgage, lease, or other conveyance.

Effects of con

veyances.

SEC. 2. Every estate, feoffment, gift, grant, deed, mortgage, lease, release, or confirmation of lands, tenements, rents, services, or hereditaments made or had, or hereafter to be made or had, by any person or persons being of/7p. full age, sound mind, discovert, at large, and not in duress to any person or persons; and all recoveries, judgments, and executions had or made, or to be had or made, shall be good and effectual to him, her, or them to whom it is, or shall be so made, had, or given, and to all others; to his, her, or their use, against the judgment debtor, seller, feoffor, donor, grantor, mortgagor, lessor, releasor, or confirmor, and against his, her, or their heirs, or heirs claiming the same, only as heir or heirs, and every of them; and against all others having or claiming any title or interest in the same, only to the use of the same judgment debtor, sellor, foeffor, donor, grantor, mortgagor, lessor, releasor, or confirmor, or his, her, or their said heirs, at the time of the judgment, execution, bargain, sale, mortgage, covenant, lease, release, gift, or grant made.

14

Operation of

use, &c.

8.10.

27 Hen.8

2 73lock Porn 33

2 T. R. 248 2731 Com $75/52

SEC. 3. Where any person or persons stand or be seizconveyance to ed, or at any time hereafter shall stand or be seized of, and in any messuages, lands, tenements, rents, services, reversions, remainders, or other hereditaments, to the use, confidence, or trust of any other person or persons, or of any body politic, by reason of any bargain, sale, feoffment, fine, recovery, covenant, contract, agreement, will, or otherwise, by any manner of means whatsoever; in every such case, all and every such person or persons, and bodies politic, that have, or hereafter shall have any such use, confidence, or trust in fee simple, for term of life or for years, or otherwise, or any use, confidence or trust in remainder or reversion, shall from thenceforth stand and be. seized, deemed and adjudged, in lawful seizin, estate and possession of, and in the same messuages, lands, tenaments, rents, services, reversions, remainders, and hereditaments, with their appurtenances, to all intents, constructions, and purposes in law, of, and in such like estates, as they had or shall have in use, confidence or trust, of, or in the same; and that the estate, right, title, and possession, that was or shall be in such person or persons that were, or hereafter shall be seized of any lands, tenaments, or hereditaments, to the use, confidence, or trust of any such person or persons, or of any body politic, be from henceforth clearly deemed and adjudged to be in him, her, or them, that have, or hereafter shall have such use, confidence, or trust, after such quality, manner, form, and condition, as they had before in, or to the use, confidence, or trust that was or shall be in them.

SEC. 4. Any person claiming right or title to lands, Conveyances tenements, or hereditaments, although he, she, or they valid, notwithstanding ad- may be out of possession, and notwithstanding there may verse possession be an adverse possession thereof, may sell, convey, and transfer his or her interest in and to the same, in as full and complete a manner as if he or she were in the actual possession of the lands and premises intended to be conveyed; and the grantee or grantees shall have the same right of action for the recovery thereof; and shall in all respects derive the same benefit and advantage therefrom, as if the grantor or grantors had been in the actual possession at the time of executing the conveyance.

SEC. 5. No estate in joint tenancy, in any lands, teneWho may be ments or hereditaments, shall be held or claimed under joint tenants & any grant, devise, or conveyance, whatsoever, heretofore how created. or hereafter made, other than to executors and trustees, unless the premises therein mentioned, shall expressly be thereby declared to pass, not in tenancy in common, but in joint tenancy; and every such estate, other than to

executors or trustees, (unless otherwise expressly declared as aforesaid,) shall be deemed to be in tenancy in common. SEC. 6. In cases where by the common law any person or persons might hereafter become seized in fee tail of Entails not alany lands, tenements, or hereditaments, by virtue of any lowed. devise, gift, grant, or other conveyance, hereafter to be made, or by any other means whatsoever, such person or persons, instead of being or becoming seized thereof in fee tail, shall be deemed and adjudged to be, and become seized thereof, for his or her natural life only, and the remainder shall pass in fee simple absolute, to the person or persons to whom the estate tail would, on the death of the first grantee, devisee, or donee in tail, first pass, according to the course of the common law, by virtue of such devise, gift, grant, or conveyance.

SEC. 7. If any person shall sell and convey to another, Title perfected by deed or conveyance, purporting to convey an estate in after conveyfee simple absolute, in any tract of land or real estate, ance inures to lying and being in this state, not then being possessed of grantee, the legal estate or interest therein at the time of the sale and conveyance, but after such sale and conveyance, the vendor shall become possessed of, and confirmed in the legal estate, to the land or real estate so sold and conveyed, it shall be taken and held to be in trust, and for the use of the grantee or vendee; and the conveyance aforesaid shall be held and taken, and shall be as valid as if the grantor or vendor had the legal estate or interest, at the time of said sale or conveyance.

days.

SEC. 8. Every deed conveying real estate, which by Deeds of defeaany other instrument in writing, shall appear to have sance to be rebeen intended only as a security in the nature of a mort- corded in thirty gage, though it be an absolute conveyance in terms, shall be considered as a mortgage; but the person or persons for whose benefit any such defeasance, or other writing, intended to operate as a defeasance is made, shall not have the benefit thereof, unless the defeasance or other writing intended to operate as such, shall be recorded in the office in which the absolute deed is required to be recorded, within thirty days after such absolute deed is recorded.

SEC. 9. Every deed, grant, bargain, conveyance, mort- All deeds or gage, defeasance, bond, covenant, or other writing of, and other writings concerning any lands, tenements, hereditaments, or real concerning estate, within this state, whereby the same may be affect-land, to be acknowledged or ed in law or equity, (may, in order to entitle any of the proved before before enumerated writings to be recorded,) be acknowl-recorded. edged by the party or parties executing the same in proper person, or by his, her, or their lawful attorney, authoriz

p.138

ed by power in writing for that purpose specially, or prov ed by one or more of the subscribing witnesses thereto, before one of the judges of the supreme or circuit court of this state, or before one of the clerks of the circuit court, and certified by such clerk, under the seal of the

1841 p.66 said court, or before one of the justices of the peace of

the county where the land intended to be affected or conveyed shall lie; but where the party or parties executing such writing live or be out of this state, the same may be acknowledged before one of the judges of the supreme or district court of the United States or of the superior vey land in this Courts in any of the United States or territories, or before any clerk of any court of record, in any of the United States or their territories, and certified by such clerk under the seal of the court.

How non-resi-
dents may con-

state.

thenticated.

SEC. 10. All acknowledgments and proofs of any deeds, And how au- conveyances or writings made as aforesaid, by persons, being or residing out of the United States at the time of the execution thereof, for the conveyance of any lands in this state, taken or made before the mayor or chief officer of any city in the kingdom or government, where the party or parties executing the same may reside or be, and duly certified under the seal of office of the said mayor or principal officer, shall be of like force and validity; and entitle the same to be recorded, as if the same were acknowledged in the manner prescribed in the preceding section of this act.

Duty of the

ment or proof
of deeds.

SEC. 11. No judge or other officer shall take the acjudge or other knowledgment of any person to any deed or instrument of officer, taking writing as aforesaid, unless the person offering to make the acknowledg 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 shall 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 instrument 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 so such deed or writing, is the real person who executed the same, and that the witness subscribed his