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

42. Notice. $42. Before taking the testimony of a witness, the person suing out 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. [R. S. 1845, p. 236, § 20.

43. Notice to non-residents, etc. § 43. Notice to non-resident parties, or such as cannot be found so as to be personally served, and to unknown 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.

44. When court may order notice. § 44. When, in the opinion of the court, no sufficient provision is made by law for giving notice to parties adversely interested, the court may order such reasonable notice to be given as it shall deem proper.

45. How testimony taken, certified, returned and recorded. § 45. Every person who may think himself interested in 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 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 in the presence of the commissioner or officer before whom the same is taken, 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 such commissioner or officer, [*496] 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. [R. S. 1845, p. 236, 21.

46. When deposition used as evidence. § 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 hereinbefore provided, shall be bound to the same extent as other parties. [R. S. 1845, p. 236, § 22.

INTERPRETERS.

47. 47. Interpreters may be sworn truly to interpret, when neces[As amended by act approved March 27, 1874. In force July 1, 1874. R. S. 1845, p. 417, § 31.

sary.

SURVEYS.

48. 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.

TITLE TO ILLINOIS CENTRAL RAILROAD LANDS. AN ACT in relation to the mode of proving title to the lands granted to the Illinois Central Railroad Company. [Approved March 7, 1872. In force July 1, 1872. L. 1871-2, p. 550.]

49. Commissioners' tract list, map, etc., evidence. SEC. I. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever it shall become necessary, in any legal proceeding, to prove the title of the Illinois Central Railroad Company, or of the trustees of said railroad company, or of any person claiming title through or under said company or trustees, to any of the lands granted by the State to said railroad company under the provisions of the act incorporating said company, the record in the proper county (or a transcript of such record, duly certified by the custodian thereof,) of the list purporting to contain the tracts of land selected by said railroad company in such county, and purporting to be certified by the commissioner of the general land office as being a true abstract from the original list of selections by said company, shall be sufficient prima facie evidence of title in the said railroad company or the trustees thereof, as the case may be, to the lands embraced in such list; and the record in the proper county (or a duly certified copy thereof by the custodian of such record) of the map or profile of said railroad or branches, shall be sufficient prima facie evidence of the line of location of said railroad or its branches in such county.

50. Appointment, etc., of trustees. § 2. A copy of the commission issued by the governor or by the president of said railroad company to any successor of any of the original trustees (or any of their successors) named in said act of incorporation, certified by the secretary of State, under the great seal of the State, or by the commissioner of the land department of said railroad company or its president, under the common seal of said company, as the case may be, shall be sufficient prima facie evidence of the regular appointment and due authority of the person named as trustee in such commission.

AN ACT to amend an act entitled "An act concerning Conveyances," approved March 29, 1872. [Approved May 29, 1879. In force July 1, 1879 L. 1879, p. 81.]

*51. Copy U. S. patent or record, evidence. SEC. I. Be it enacted by the People of the State of Illinois, represented in the General Assembly, 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 by affidavit to be filed in said cause, testify and state under oath that the required United States patent conveying or concerning the title to the lands, tenements and hereditaments in question in such suit is lost, or not in the power of the party wishing to use it on such trial of any such cause, and that to the best of his knowledge said patent was not intentionally destroyed, or lost, or in any manner disposed of for the purpose of introducing a copy thereof in place of the original, and if the original patent has been recorded in the recorder's office of the county wherein such lands are situated, then the record thereof, or a copy duly 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 patent was produced and read in evidence.

AN ACT to amend an act entitled "An act to exempt the homestead from forced sale, and to provide for setting off the same, and to exempt certain personal property from attachment and sale on execution, and from distress for rent. [Approved April 30, 1873. In force July 1, 1873. Const. 1870, art. 4, § 32.]

HOMESTEAD.

1. Homestead. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That every householder having a family, shall be entitled to an estate of homestead, to the extent in value of $1,000, in the farm or lot of land and buildings thereon, owned or rightly possessed, by lease or otherwise, and occupied by him or her as a residence; and such homestead, and all right and title therein,

16a.

To protect employes, etc., in claims for wages.

17.

18.

shall be exempt from attachment, judgment, levy or execution, sale for the payment of his debts, or other purposes, and from the laws of conveyance, descent and devise, except as hereinafter provided.

[L. 1851, p. 25. § 1; L. 1871-2, p. 478. § 1; Stevens v. Hollingsworth, 74 Ill. 202; Fight v. Holt, 80 Ill. 84; Roberts v. Beckwith, 79 Ill. 246; Potts v. Davenport, 79 Ill. 455; Hay v. Baugh, 77 Ill. 500; Sontag v. Schmisseur, 76 Ill. 541; Aldrich v. Thurston, 71 Ill. 324; Fisher v. Cornell, 70 Ill. 216; Turner v. Bennett, 70 Ill. 263; Howard v Logan, 81 Ill. 385; Muller v. Inderreiden, 79 Ill 382; Young v. Morgan, 89 Ill. 199; Schaper v. Schaper, 84 Ill 603; Kitchell v. Burgwin, 21 Ill. 45; Finley v. McConnell, 60 I 263; Reinbach v. Walter, 27 Ill. 393; Hubbell v. Canady, 58 III. 425; Boyd v. Cudderback, 31 Ill. 113; Deere v. Chapman, 25 Ill. 610; Conklin v. Foster, 57 Ill. 104; Brown v. Keller, 32 III. 152; Bliss v. Clark, 39 Ill. 590; Loomis v. Gerson, 62 Ill. 13: Loe v. McMahon, 89 Ill. 487; (obb v. Smith, 88 Ill. 199: McDonald v. Crandall, 43 II 232; Walters v. People, 18 I 194; Walters v. People, 21 Ill. 178; Newman v. Willitts, 78 II 397; McClurken v. McClurken, 46 l. 327; Tourville v. Pierson, 39 Ill. 447; Blue v. Blue, 38 Ill. 18; Allen v. Hawley, 66 Ill. 169; Eggleston v. Eggleston, 72 Ill. 24; Conroy v. Sullivan, 44 Ill 451.

2. To continue after death of householder. § 2. Such exemption shall continue after the death of such householder, for the benefit of the husband or wife surviving, so long as he or she continues to occupy such homestead, and of the children until the youngest child becomes twenty-one years of age; and in case the husband or wife shall desert his or her family, the exemption shall continue in favor of the one occupying the premises as a resident.

[L. 1851, p. 25. §1; L. 1871-2, p. 478. § 2; Eggleston v. Eggleston, 72 111. 24; Loeb v. McMahon, 89 Ill. 487; Walters v. People, 18 Ill. 194; Brinkerhoff v. Everett. 38 111. 265; Shepard v. Brewer, 65 III 383; Fisher v. Cornell, 70 Ill. 216; Cahill v. Wilson, 62 Ill. 137; Cabeen v. Mulligan, 37 Ill. 235; Tittman v. Moore, 43 Ill. 169; Clubb v. Wise, 64 Ill. 160; Walsh v. Reis, 50 Ill. 477

3. Subject to taxes, assessments, purchase money, etc. § 3. But no property shall, by virtue of this act, be exempt from sale for non-payment of taxes or assessments, or for a debt or liability incurred for the purchase or improvement thereof.

[L. 1851, p. 26, § 2; L. 1871–2, p. 478, § 3; Wells v. Lilly, 86 Ill., 317; McCormick v. Wilcox, 25 Ill. 274; Weider v. Clark, 27 Ill. 251; Austin v. Underwood, 37 Ill. 438; Cassell v. Ross, 33 Ill. 245; White v. Clark, 36 Ill. 285; Magee v. Magee, 51 Ill. 500 Tourville v. Pierson, 39 Ill. 447; Bush v. Scott, 76 III. 524; Stevenson v. Marony, 29 Ill. 534; Howard v. Lakin, 88 Ill 37.

4. How estate extinguished. $4. No release, waiver or convevance of the estate so exempted shail be valid, unless the same is in writing, subscribed by said householder and his or her wife or husband, if he or she have one, and acknowledged in the same manner as conveyances of real estate are required to be acknowledged, or possession is abandoned or given pursuant to the conveyance; or, if the exemption is continued to a child or children, without the order of the court directing a release thereof: Provided, tha in all cases when such release, waiver or conveyance shall be taken by way of mortgage or security, the same shall only be operative as to such specific release, waiver or conveyance; and when the same includes different pieces of land, or the homestead is of greater value than one thousand dollars, said other lands shall first be sold before resorting to the homestead, and in case of the sale of such homestead, if any balance shall remain after the payment of the debt and costs, such balance shall, to the extent of one thousand dollars ($1,000) be exempt, and be applied upon such homestead exemption in the manner provided by law. [As amended June 17, 1887. In force July 1, 1887. L. 1887, p. 178.

[See Conveyances," ch. 30, § 27; L. 1851, p. 25, § 1; L. 1371-2, p. 478, § 4: Best v. Gholson, 89 Ill. 467; Warner v. Crosby, 89 Ill. 320; Cobb v. Smith, 88 Ill. 199; Vanzant v Vanzant, 23 Ill. 541; Patterson v. Kreig, 29 Ill. 518; Pardee v. Lindley, 31 Ill. 186; Marshall v. Barr, 35 Ill. 108; McDonald v. Crandall, 43 Ill. 232; Black v. Lusk, 69 Ill. 70; Allen v. Hawley, 66 Ill. 164; Walters v. People, 21 Ill. 178; Cabcen v. Mulligan, 37 Ill. 230; Maher v. McConaga, 47 Ill. 394; Ives v. Mills, 37 Ill. 73; Wright v. Dunning, 46 Ill. 271; Miller v. Markcle, 27 Ill 405; Potts v. Davenport, 79 Ill. 455; Fisher v. Cornell, 70 Ill. 216; Blue v. Blue, 38 Ill. 19; McDonald v. Crandall, 43 Ill. 232; West v. Krebaum, 88 Ill. 263; Moore v. Dunning, 29 Ill. 130; Boyd

v. Cudderback, 31 Ill. 113: Thornton v. Boyden, 31 Ill. 200; Redfern v. Redfern, 38 III. 50g; Hutchings v. Huggins, 59 III. 29; Brockschmidt v. Hagebusch, 72 Ill. 562; Kitchell v. Burgwin, 21 Ill. 45; Brown v. Coon, 36 Ill. 243; Titman v. Moore, 43 ill. 170; White v. Clark, 36 III. 285; Cipperly v. Rhodes, 53 III. 347; Buck v. Conlogue, 49 Ill. 391; Booker v. Anderson, 35 Ill. 67; Burson v. Dow, 65 Ill. 146; Price v. Blackmoore, 65 ill. 386; Fishback y. Lane, 36 Ill. 438.

5. In case of divorce. § 5. In case of a divorce, the court granting the divorce may dispose of the homestead estate ac[* 498] cording to the equities of the case.

[L. 1871-2, p. 478, § 5; Vanzant v. Vanzant, 23 Ill. 542; Bonnell v. Smith, 53 III. 376; Redfern v. Redfern, 38 Ill. 509.

6. Proceeds exempt. § 6. When a homestead is conveyed by the owner thereof, such conveyance shall not subject the premises to any lien or incumbrance to which it would not have been subject in the hands of such owner; and the proceeds thereof, to the extent of the amount of $1,000, shall be exempt from execution or other process, for one year after the receipt thereof, by the person entitled to the exemption, and if reinvested in a homestead the same shall be entitled to the same exemption as the original homestead.

[L. 1871-2, p. 479. § 6; Green v. Marks, 25 Ill. 221; Bliss v. Clark, 39 m. 590: Conklin v. Foster, 57 Ill. 104; Haworth v. Travis, 67 Il 301; Mix v. King. 55 Ill 436; Boyd v. udderback, 31 Ill. 113; McDonald v. Crandall, 43 Ill. 236; Reinback v. Walter, 27 Ill. 393; White v. Clark, 36 Ill. 285; Wiggins v. Chance, 54 III. 175; Hubbell v. Canady, 58 Ill 425; Walsh v. Horine, 36 Ill. 238; Brown v. Coon, 36 III. 243; Smith v. Miller, 31 Ill. 161; Coe v. Smith, 47 Ill. 225.

7. Insurance money exempt. § 7. Whenever a building, exempted as a homestead, is insured in favor of the person entitled to the exemption, and a loss occurs, entitling such person to the insurance, such insurance money shall be exempt to the same extent as the building would have been had it not been destroyed. [L. 1861, p. 122, § 1 ; L. 1871-2, p. 479, § 7.

8. Court of equity may set off homestead, etc. § 8. In the enforcement of a lien in a court of equity upon premises, including the homestead, if such right is not waived or released, as provided in this act, the court may set off the homestead and decree the sale of the balance of the premises; or, if the value of the premises exceeds the exemption, and the premises cannot be divided, may order the sale of the whole and the payment of the amount of the exemption to the person entitled thereto.

[L. 1871-2, p. 479, 88; Cummings v. Burleson, 78 Ill. 281; Young v. Graff, 28 Ill. 20: Smith v. Miller, 31 Ill. 157; Moore v. Tittman, 33 Ill. 360: Blue v. Blue, 38 11. 11; Wright y. Dunning, 46 Ill. 271; Allen v. Hawley, 66 II. 169; Richards v. Greene, 73 Ill. 54; Booker v. Anderson, 35 Ill. 67; Boyd v. Cudderback, 31 Ill. 113; Kitchell v. Burgwin, 21 40; Wing v. Croppen, 35 Ill. 257: Mooers v. Dixon, 35 Ill. 208; Mix v. King, 66, 148; Loomis v. Gerson, 62 Ill. 11; Mullen v. Inderreiden, 79 Ill. 382; Brown v. Cozard, 68 I. 178.

9. When not more than $1,000 bid. § 9. No sale shall be made of the premises on such decree or execution unless a greater sum than $1,000 is bid therefor. If a greater sum is not so bid, the decree may be set aside or modified, or the execution released, as for want of property. [L. 1851, p. 26, § 5; L. 1871-2, p. 479, § 9.

10. Proceedings on execution. § 10. If. in the opinion of