CHAPTER 27.

COMMON CARRIERS.

SEC. 1. Not to limit his common law liability in receipt.

AN ACT to fix the liability of common carriers receiving property for transportation. [Approved March 27, 1874. In force July 1, 1874.]

1. COMMON LAW LIABILITY.] §1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever any property is received by a common carrier, to be transported from one place to another, within or without this state, it shall not be lawful for such carrier to limit his common law liability safely to deliver such property at the place to which the same is to be transported, by any stipulation or limitation expressed in the receipt given for such property.

CHAPTER 28.

COMMON LAW.

AN ACT to revise the law in relation to the common law. [Approved March 5, 1874. In force July 1, 1874.] 1. RULE OF DECISION.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the common law of England, so far as the same is applicable and of a general nature, and all statutes or acts of the British parliament made in aid of, and to supply the defects of the common law, prior to the fourth year of James the First, excepting the second section of the sixth chapter of 43d Elizabeth, the eighth chapter of 13th Elizabeth, and ninth chapter of 37th Henry Eighth, and which are of a general nature and not local to that kingdom, shall be the rule of decision, and shall be considered as of full force until repealed by legislative authority. [R. S. 1845, p. 337, § 1.

AN ACT in regard to contracts under seal, and relating to sales of real estate and the enforcement thereof [Approved March 19, 1872. In force July 1, 1872. L. 1271-2, p. 279.]

1. SEAL.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That any instrument of writing, to which the maker shall affix a scrawl by way of seal, shall be of the same effect and obligation, to all intents, as if the same were sealed. [R. S. 1845, p. 421, § 56.

2. ENFORCEMENT OF CONTRACT IN CASE OF DEATH, ETC.] § 2. When any person, who has heretofore entered, or may hereafter enter into any contract, bond or memorandum in writing, to make a deed or title to land in this state, for a valuable consideration, and shall have died, or become lunatic or insane, without having executed and delivered said deed, it shall and may be lawful for any court, having chancery jurisdiction, in the county where the land, or some part thereof, may be situated, to make an order compelling the executors or administrators of such deceased person, or conservator of such lunatic or insane person, to execute and deliver such deed to the party having such equitable right, as aforesaid, to the same, or his heirs, according to the true intent and meaning of said contract, bond or memorandum; and all such deeds shall be good and valid in law. [As amended by act approved and in force April 24, 1873. R. S. 1845, p. 109, § 31.

3. PETITION-NOTICE-PERFORMANCE OF CONTRACT.] § 3. It shall not be lawful for any court to make such order, except upon the petition, in writing, of the person entitled to the benefit of the same, or his heirs, setting forth the said contract, bond or memorandum in writing, and fully describing the lands to be conveyed, nor until the person or persons so applying for such title shall have given reasonable notice of the time and place of such application to the executor, administrator and heirs of such person so deceased, or conservator of such lunatic or insane person, and shall have fully paid, discharged and fulfilled the consid eration of such contract, bond or memorandum in writing, as to the premises sought to be conveyed to the petitioner, or the petitioner shall be entitled in equity to a conveyance, according to the true intent, tenor and effect thereof. [R. S. 1845, p. 109, § 32.

4. PROCEEDING BY EXECUTOR, ETC.] § 4. The executor, administrator or heirs of any deceased person who shall have made such contract, bond or memorandum in writing, in his life time, for the conveyance of land, for a valuable consideration, or the conservator of any lunatic or insane person who shall have made such contract, bond or memorandum in writing before his lunacy or insanity, when such consideration has been paid and fulfilled as aforesaid, or a conveyance ought to be made, may, upon application in writing, obtain such order upon giv

ing notice to the party to whom such deed is intended to be made, and under the same condition as is provided in this chapter. [R. S. 1845, p. 109, § 34.

5. SERVICE ON MINOR HEIRS.] § 5. In all cases where any minor heirs shall be interested in such proceedings as aforesaid, reasonable notice of such application shall be given to the guardian of such minors; and if there shall be no guardian, then the said court shall appoint a guardian to litigate and act in such case. [R. S. 1845, p. 109, § 33.

6. CONTINUANCE-DECREE.] § 6. In all cases where application shall be made as aforesaid, the court shall have power to continue the same from term to term, to obtain such evidence as the nature of the case shall require; and no decree for the conveyance of land, upon application as aforesaid, shall be made, unless the said courts shall be satisfied that decree can be made without injustice to any heir or creditor of the deceased, or the estate of such lunatic or insane person, and that the same is just and equitable. [R. S. 1845, p. 110, § 35.

7. RECORD-COSTS.] § 7. A complete record of such petition and proceedings thereon shall be made, and the court shall order payment of costs as shall appear right and equitable. [R. S. 1845, p. 110, § 36.

8. GUARDIANS AND CONSERVATORS.] § 8. Guardians and conservators of habitual drunkards may sue and be sued under this act, in the same manner and with like effect as in case of idiots or lunatics.

[§ 9 repeal, omitted. See "Statutes," ch. 131, p. 5.]

SECTION

CHAPTER 30.

CONVEYANCES.

SECTION

1. Livery of seizin unnecessary-written conveyance 21. Deeds, etc., acknowledged by justice of another

sufficient.

25.

Proof of execution.

26. Form of acknowledgment.

7. After-acquired title, when to enure.

8.

"Graut," "bargain," "sell," effect of.

9. Warranty deed-form-effect.

10. Quit claim deed-form-effect.

11.

Mortgage-form-effect-homestead.

31. Record of deeds, etc., not acknowledged, notice.

12. Recitals in deeds by officers.

32.

Acknowledgment by officers,

Will may be recorded-notice-evidence.

14. Rights of posthumous child.

34.

Deeds of foreign executors.

15. School and canal land certificates assignable.

35.

Deeds, etc., evidence-record or copy, evidence.

16. Conveyances by county.

36.

Proof of loss, etc.-record or copy evidence.

17. Relinquishment of dower.

37.

Affidavits-proof of magistracy.

38. Construction of this act.

19. Acknowledgment by married woman.

39. Warranty-highway.

20. Acknowledgments of deeds, etc.

AN ACT concerning conveyances. [Approved March 29, 1872. In force July 1, 1872. L. 1871–2, p. 282.] 1. LIVERY OF SEIZIN UNNECESSARY-WRITTEN CONVEYANCE SUFFICIENT.] § 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, not procured by duress, and signed and sealed by the party making the same, the maker or makers being of full age, sound mind, and dis-covert, 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. [R. S. 1845, p. 102, § 1.

2. EFFECT OF CONVEYANCE.] § 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 full age, sound mind, dis-covert, and not procured by 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, sellor, feoffor, donor, grantor, mortgagor, lessor, releasor, or confirmor, and against his, her or their 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, feoffor, 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. [R. S. 1845, p. 103, § 2.