Seals not to be broken. Depositions when read in evidence. Perpetuating of testimony. Notice to be informal and insufficient: Provided, such seal shall have been broken previous to its reception by the clerk, to whom it shall be directed. SEC. 8. It shall not be lawful for any party litigant or the clerk of the court into which any deposition may be returned as aforesaid, to break the seal of the same, either in term time, or in vacation, unless by permission of the court. And if any such person or clerk shall presume to open any such deposition when taken and returned as aforesaid, without such 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 offence for the clerk to break open any such deposition as aforesaid, where it is doubtful from the endorsements made thereon, whether the same be a deposition 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. SEC. 9. All depositions taken in pursuance of this act, when returned into court, may be read by either party, on the trial of the causes to which they relate. SEC. 10. In all cases hereafter, where any person or persons shall desire 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 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 in relation to the title to slaves or servants, or any other matter or thing, necessary to the security of any estate, real or personal, or mixed, or any private right whatever, it shall be lawful for such person or persons, upon filing a petition supported by affidavit, in the circuit court of the proper county, setting forth particularly the fact or facts, intended to be established, to sue out from such court a dedimus potestatem, or commission, directed to any two justices of the peace, or to any clerk of the circuit or county commissioners' court of the county wherein such testimony is to be taken, and may, thereupon, proceed to take such deposition or depositions as shall be prayed for in said petition. SEC. 11. It shall be the duty of the person or persons given in such suing out such dedimus as aforesaid, before proceeding to take such deposition as aforesaid, to give at least four weeks previous notice of the time and place when and where the cases. same is to be taken, together with a copy of the petition annexed thereto, to each and every person who may be known to be interested in the subject matter of such deposition, or to his, her, or their attorney, or in case the person be a feme covert, to her husband; or if a minor or minors to his, her, or their guardian or guardians; or if such guardian or guardians should be interested, to such guardian or guardians as shall be appointed by the court, to defend the interests of such infant or infants; or in lieu of such written notice as aforesaid, such petitioner or petitioners shall cause a notice in form as aforesaid, with a copy of the petition thereto annexed as aforesaid, addressed to such persons as may be known to be interested as aforesaid, as well as to all others whom it may concern, to be published for four weeks successively in some public newspaper printed in this state, at least eight weeks previous to the day of taking such deposition or depositions. cross examine. SEC. 12. The said justices of the peace or clerk as Opposite party aforesaid, shall attend at the time and place appointed, may attend and where each and every person who may think himself or herself interested in the deposition about to be taken, may attend by themselves or attorneys, and may examine and cross examine such deponent or deponents; 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, or in the language of the witness: (Provided, he or she shall not understand English,) as near as possible, in the exact words 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 or her, in the presence of the said justice, (or clerk as the case may be,) who shall thereupon administer an oath or affirmation 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 himself or themselves, 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 or persons for whose benefit it shall have been taken. SEC. 13. All depositions taken in manner and form as may be read in case of the death Such testimony is provided in the two foregoing sections, or a duly certified copy of the record of any such deposition, may, in case or legal disabil- of the death of any such deponent, or in case of inability ity of deponent. to give testimony, in consequence of his, her, or their in Acts repealed. sanity or imbecility of mind or body, or where such witness SEC. 14. The act entitled "an act regulating the manner of taking depositions," approved February 19th, 1819, the act entitled "an act regulating the mode of taking depositions," approved January 31st, 1821, the act entitled "an act to amend an act regulating the mode of taking depositions, approved January 31st, 1821," approved February 10th, 1823, and also the act entitled "an act directing the mode of perpetuating testimony," approved February 25th, 1819, and particularly sections 17, 18, 19, 20, 21, 22, 23, 24 and 25, of the act entitled "an act to prescribe the mode of proceeding in chancery," approved January 26th, 1827, as well as all other acts and parts of acts which shall come within the perview of, or be repugnant to, this act, be, and the same are hereby repealed: Provided, that nothing in this act contained, shall be so construed as to effect any deposition heretofore taken in conformity with the existing laws; or to effect any deposition which may be hereafter taken, upon interrogatories now filed, or which may be filed before this act takes effect, or where notices have been, or may hereafter be given for such purpose so long as the existing laws upon that subject shall remain in force. This act to take effect from and after the first day of June next. 1 APPROVED, Feb. 9, 1827. DETINUE. AN ACT concerning the action of Detinue. In force Jan. 6, 1827. nue can issue. SEC. 1. Be it enacted by the people of the state of Illinois, Affidavit to be represented in the General Assembly, That in all actions of made before a detinue, where the plaintiff shall file in the office of the capias in deti. clerk of the court in which such action is to be commenced, an affidavit on the oath or affirmation of the plaintiff or some other credible person, stating that the property, D...172 to recover which such action is about to be commenced, is the property of the plaintiff, stating the value thereof, and that the defendant unlawfully detains the same, the clerk shall issue a writ of capias in detinue, and endorse the amount so sworn to, and direct the sheriff to take bail in double that sum. SEC. 2. It shall be the duty of any sheriff to whom a Sheriff to take writ of capias in detinue shall be directed, to take the body the body of deof the defendant and commit him to the common jail of he give bond. the county, unless he shall enter into a bond to the plaintiff, conditioned that if judgment shall be rendered in such action against him, he will deliver to the plaintiff the property which shall be thereby recovered, and pay all damages which shall be assessed for the detention thereof, and costs of suit; the sheriff shall return such bond with the writ, as in other cases. return. SEC. 3. If any sheriff shall return any such writ execut- Sheriff's liabilied, and shall not have the body of the defendant according ty for improper to the command of the writ, or return a bond, as is provided in the preceding section, or the bond returned shall be adjudged insufficient by the court, & the defendant shall fail to perfect his bail if ruled thereto, the sheriff shall be made a co-defendant and may defend the suit upon the pleas of the defendant, and shall be subject to the same judgment and recovery as the defendant, and be joined therein. All questions concerning the sufficiency of such Bond when forbond shall be determined during the return term. feited, remedy SEC. 4. When any bond as aforesaid shall be forfeited, thereon. the plantiff shall have the same remedy against the bail, and the bail shall have the same remedy against the principal, and the sheriff, when made a co-defendant, shall have the same remedy against the principal and bail as is or may be provided by law in cases of bail in other civil causes, and the same proceedings shall be had thereon. Bail, court may SEC. 5 Any court out of which any writ as aforesaid reduce the ashall issue, or any judge thereof in vacation may reduce mount the sum for which bail is demanded, and the court may except the surrender of the defendant and cancel such bond in the same manner, for the like 'causes, and Proceedings in with the like effect as in other cases of bail in civil acdetinue. tions. SEC. 6. All actions commenced in manner aforesaid, shall be conducted and proceeded on in all things according to the principles and usages of law in actions of detinue. If any verdict for the plaintiff shall omit the price, or value or damages for detention, the court may, at any time, award an enquiry to ascertain the same. APPROVED, Jan. 6, 1827. In force Jan. 12, 1827. Fraudulent red void. DIVORCES. AN ACT amending the law concerning Divorces. SEC. 1. Be it enacted by the people of the state of Illinois, marriage decla- represented in the General Assembly, That all marriages, where either of the parties had a former husband or wife living at the time of solemnizing the last marriage, shall be void; and any woman or maiden, who shall be duped or deceived into such subsequent marriage, shall be restored to all the rights she would have had, if such marriage had not taken place, and may sue for and recover damages for such fraud, as in cases of breach of marriage Females to be tain cases. contract. SEC. 2. When any divorce shall hereafter be granted divorced with- for any cause, the court, before which the same shall be out costs in cer- tried, if the person applying being a female, shall be poor and unable to pay costs, shall direct that no costs shall be taxed against such person, or charged for printing the notice: Provided, such person shall publish her notice in the paper published by the public printer. APPROVED, Jan. 12, 1827. In force June 1, 1827. Divorces may be granted, AN ACT concerning Divorces. SEC. 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That whenever a marriage has been, or hereafter may be contracted and solemnized between any two persons, and it shall be ad |