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February 25, 1874, in force July 1, 1874," approved June 26, 1917, in force July 1, 1917.

§ 2. Except as to executors and trustees, and except also where by will or other instrument in writing expressing an intention to create a joint tenancy in personal property with the right of survivorship, the right or incident of survivorship as between joint tenants or owners of personal property is hereby abolished, and all such joint tenancies or ownerships shall, to all intents and purposes, be deemed tenancies in common; provided, that when a deposit in any bank or trust company transacting business in this State has been made or shall hereafter be made in the names of two or more persons payable to them when the account is opened or thereafter, such deposit or any part thereof or any interest or dividend thereon may be paid to any one of said persons whether the other or others be living or not, and when an agreement permitting such payment is signed by all said persons at the time the account is opened or thereafter the receipt or acquittance of the person so paid shall be valid and sufficient discharge from all parties to the bank for any payments so made.

§ 3. Except as otherwise provided in this Act, all joint obligations and covenants shall be taken and held to be joint and several obligations and covenants.

§ 4. If any person shall assume and exercise exclusive ownership over, or take away, destroy, lessen in value, or otherwise injure or abuse any property held in joint tenancy or tenancy in common, the party aggrieved shall have his action of trespass or trover for the injury in the same manner as he would have if such joint tenancy or tenancy in common did not exist.

§ 5. Section 5 of an Act entitled: "An Act concerning conveyances," approved March 29, 1872, in force July 1, 1872, as amended, is repealed.

§ 6. An Act entitled: "An Act to revise the law in relation to joint rights and obligations," approved February 25, 1874, in force July 1, 1874, as amended, is repealed.

APPROVED June 30, 1919.

JUSTICES OF THE PEACE AND CONSTABLES.

JUSTICES OF THE PEACE AND CONSTABLES.

§ 1.

Amends section 1, Article X, Act
of 1895.

§ 1. Appeals-fee to be paid within twenty days from rendition of judgment-form of bond.

(SENATE BILL No. 166. APPROVED JUNE 12, 1919.)

AN ACT to amend section 1 of Article X of an Act entitled, "An Act to revise the law in relation to justices of the peace and constables", approved June 26, 1895, in force July 1, 1895, as amended.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Section 1 of Article X of an Act entitled, "An Act to revise the law in relation to justices of the

JUSTICES OF THE PEACE AND CONSTABLES.

635

peace and constables", approved June 26, 1895, in force July 1, 1895, as amended, is amended to read as follows:

ARTICLE X.

§ 1. Appeals from judgments of justices of the peace and police magistrates to the Circuit or County Court, and in the City Court in cities in which there is a City Court, shall be granted in all cases except on judgments confessed, and in the county of Cook appeals may also be granted to the Superior Court of said county. The party praying for an appeal shall, within twenty days from the rendition of the judgment, pay the fee provided by law for the filing of such appeal, and enter into bond with security to be approved and conditioned as hereinafter provided, in substance as follows:

Know all Men by these Presents, That we, A B and C D, are held and firmly bound unto E F in the penal sum of (here insert double the amount of judgment and costs), lawful money of the United States, for the payment of which well and truly to be made, we bind ourselves, our heirs and administrators jointly, severally and firmly by these presents. Witness our hand and seal, this... ....day of..

19.....

The condition of the above obligation is such that whereas the said E. F. did, on the........day of... .A D, 19...., before

a justice of the peace (or police magistrate) for ..county, (city or village), recover a judgment against the ....dollars (or for costs, as the case may be), from which judgment the said A B... has taken an appeal to the........Court in the county of... Now, if the said A B shall prosecute his appeal with effect, and pay whatever judgment shall be rendered against him by said court upon the trial of said appeal, or by consent, or in case the appeal is dismissed, or in case the matter in controversy is settled between the parties to the action without a trial by the court appealed to, will pay the judgment rendered against him by the said justice (or police magistrate) and all costs occasioned by said appeal (or if the judgment appealed from is in favor of the appellant, omit the words, judgment rendered against him by said justice or police magistrate)-then the above obligation to be void; otherwise to remain in full force and effect.

above bounden A B for the sum of....

Approved by me, this......day of....

A. B. (SEAL)

C. D. (SEAL)

A. D. 19....

The bond shall be approved by and filed with either the justice of the peace rendering said judgment or the clerk of the court to which the appeal is taken. When the bond is filed with the justice and payment of the fee for the appeal made to him, he shall suspend all proceedings in the case, and if execution shall have been issued he shall recall the same and shall, within twenty days after receiving the appeal. fee and receiving and approving the bond, file the bond in the office of the clerk of the court to which the appeal is taken, and pay to him the fee for the appeal. If the bond is filed with the clerk of the court to

which the appeal is taken, it shall be approved by him, and upon the approval of the bond, the clerk shall issue a supersedeas enjoining the justice and constable from proceeding any further in said suit, and suspending all proceedings in relation thereto, and he shall issue a summons to the appellee to appear at the term of the court to which the appeal is returnable, which summons and supersedeas shall be served and returned as summons in other cases. As soon as the supersedeas, issued as aforesaid, shall be served on the justice who gave the judgment and the constable in whose hands an execution or other process may be in relation thereto, they shall suspend all further proceedings thereon. The justice shall, within twenty days after the filing of the bond with him and the payment of the appeal fee, or the service upon him of the supersedeas, deliver to the clerk of the court to which the appeal is taken, all the papers in the case and a transcript of his docket in the case with a certificate under his hand that said transcript and papers contain a full and perfect statement of all the proceedings before him.

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AN ACT to amend section 96 of an Act entitled, "An Act concerning land titles," approved and in forcé May 1, 1897.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section 96 of an Act entitled, "An Act concerning land titles," approved and in force May 1, 1897, be and the same is hereby amended so as to read as follows:

$96. The court may in any case contemplated in sections 93 and 94 in addition to the costs, award such damages as it shall deem just in the premises. The damages and costs so awarded shall be payable out of the indemnity fund created by sections 99 and 100 of this Act in the manner provided by section 102 of this Act.

APPROVED June 28, 1919.

CONVEYANCES-REGISTRATION OF TITLES.

§ 1. Amends sections 5 and 6, Act of

1897.

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§ 6. Liability of registrar for acts of deputy.

APPROVED JUNE 28, 1919.)

AN ACT to amend sections 5 and 6 of an Act entitled, “An Act concerning land titles," approved and in force May 1, 1897.

SECTION 1. Be it enacted by the People of the State of Illinois. represented in the General Assembly: That sections 5 and 6 of an Act

entitled, "An Act concerning land titles," approved and in force May 1, 1897, be and the same are hereby amended so as to read as follows:

§ 5. The Registrar may appoint in his county two or more competent attorneys to be examiners of titles and legal advisers of the registrar. Their compensation shall be fixed in the same manner as that of deputy registrars.

Every examiner of titles shall, before entering upon the duties of his office, take and subscribe the oath prescribed by the Constitution, and shall also give a bond in such amount with such security as shall be approved by the judge of the County Court payable in like manner and with like conditions as required of the registrar. A copy of the bond shall be entered upon the records of said court and the original shall be deposited with the registrar.

The registrar shall designate one of the examiners of title so appointed as chief examiner of titles. Said chief examiner of titles shall have general charge and supervision of the work of all examiners of title in the county for which he is appointed, and it shall be his duty to secure, insofar as possible, uniformity in the work of all examiners of title in said county.

§ 6. The registrar shall be liable for any neglect or omission of the duties of his office, when occasioned by a deputy, in the same manner as for his own personal neglect or omission.

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AN ACT to amend section 60 of an Act entitled, "An Act concerning land titles," approved and in force May 1, 1897.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section 60 of an Act entitled, "An Act concerning land titles," approved and in force May 1, 1897, be and the same is hereby amended so as to read as follows:

$60. On the filing of the instrument intended to create the charge in the registrar's office, and the production of the duplicate certificate of title, and it appearing to the registrar that the person intending to create the charge has the title and right to create such charge, and that the person in whose favor the same is sought to be created is entitled by the terms of this Act to have the same registered, he shall enter upon the proper folium of the register, and also upon the owner's certificate, a memorial of the purport thereof, and the date of filing the instrument with a reference thereto by its file number, which memorial shall be signed by the registrar. The registrar shall also note upon the instrument on file the volume and folium of the register where the memorial is entered. It shall not be essential to the lien of a mortgage or trust deed in the nature of a mortgage, that the owner's duplicate certificate

of title be delivered to and retained by the mortgagee or trustee named in such mortgage or trust deed, or be delivered to or retained by the owner of the note or notes secured by such mortgage or trust deed; but the registrar of titles on the filing of such mortgage or trust deed and the entry of a memorial of the same on the register of titles, shall issue to the mortgagee or trustee therein named, or to the owner of the note or notes secured thereby, a certificate to be known as mortgagee's duplicate certificate, which mortgagee's duplicate certificate shall bear in large plain letters the words "Mortgagee's Duplicate Certificate." Said mortgagee's duplicate certificate of title shall be printed on a paper differing in color than that of the owner's duplicate certificate of title. The registrar of titles shall be entitled to receive as a fee or charge for issuing a mortgagee's duplicate certificate of title, the sum of $1.00. Upon the issuance of said mortgagee's duplicate certificate of title, the registrar of titles shall enter as a memorial on the proper folium of the register of titles the fact of the issuance of said mortgagee's duplicate certificate of title. Upon the release of the mortgage or trust deed for which said mortgagee's duplicate certificate of title was issued, said mortgagee's duplicate certificate of title shall be surrendered to the registrar, or proof made that said mortgagee's duplicate certificate of title has been lost or destroyed. The fee for the filing of all instruments required for the making of proof that a mortgagee's duplicate certificate of title has been lost or destroyed shall be $1.00.

In case of the transfer of the land, or of any estate or interest therein, or in case of any other action of the registrar of titles affecting the ownership of the same, or title thereto, and requiring a new certificate of title to be issued, it shall not be necessary to take up and cancel such outstanding mortgagee's duplicate certificate of title, and the fact of the issuance of said mortgagee's duplicate certificate of title shall be carried forward on said new certificate of title as a memorial; but in any such case such mortgagee, trustee or owner of notes, holding a mortgagee's duplicate certificate, may surrender the same and receive in place thereof a mortgagee's duplicate of the new certificate of title made on such transfer or change of title, without the payment of any fee or charge to the registrar of titles. And thereupon the fact of the issuance of said new mortgagee's duplicate certificate of title shall be entered by the registrar of titles upon the proper folium of the register, and also upon the owner's duplicate certificate of title. If on such transfer or change of title the mortgagee, trustee or owner of notes is unable to produce the outstanding mortgagee's duplicate certificate of title, by reason of its loss or destruction, he shall make proof of such loss or destruction to the registrar of titles and the registrar of titles upon receiving proper proof of such loss or destruction may issue a mortgagee's duplicate of the new certificate of title. The registrar of titles shall be entitled to receive as a fee or charge for filing all instruments by which proof of the loss or destruction of said mortgagee's duplicate certificate of title is made the sum of $1.00.

Whenever any person or corporation, by reason of the foreclosure of any mortgage or trust deed upon registered land and of such subse

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