Dated this

day

of A. D. 19.

A. B. [L. S.]

This is a good conveyance in fee of all existing legal or equitable rights of grantor. [Statutory Form of Mortgage. Hurd, 465.]

The mortgagor (here insert name or names) mortgages and warrants to (here insert name or names of mortgagee or mortgagees), to secure the payment of (here recite the nature and amount of indebtedness, showing when due and the rate of interest, and whether secured by note or otherwise), the following described real estate (here insert description thereof), situated in the county of in the State of Illinois.

A. B. [L. S.]

This is a good mortgage in fee, and is as effective as if it contained full covenants of seizin, good right to convey, against incumbrances, of quiet enjoyment and general warranty. (98 Ill. 228; 146 Ill. 283.)

No deed or other instrument releases the right of homestead unless it contains a clause substantially as follows: "hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State of Illinois." In which case the certificate of acknowledgment should contain the clause, "including the release and waiver of the right of homestead." To release dower the husband, or wife (who in that respect stands on an equality), must join in the conveyance, except in case of a mortgage for purchase-money; otherwise husband and wife may convey as if unmarried. Deeds and other instruments affecting title to real estate should be recorded in the county in which the real estate is situated. Where the land lies in different counties a certified copy may be filed in counties where the original has not been filed. All such deeds and instruments are void as to creditors and subsequent purchasers without notice until filed for record.

An act concerning land titles, based upon the so-called Torrens land-title system, was passed by the legislature in May, 1897. It does not apply to lands in any county until adopted by a vote of the people of that county. It was adopted and went into effect in Cook County in June, 1897. This act was passed to remedy the defects of the act of 1895, which was declared unconstitutional. (165 II. 526.) For the provisions of the present law see Hurd, 472. It has been declared constitutional (176 Ill. 165), and is now in operation in Cook County. Depositions. (Hurd, 1038.) The testimony of a witness within the State in a chaneery case can be taken on oral interrogatories on ten days' notice, and one day in addition for every fifty miles of travel from the court to the place of taking, or, where the party and his attorney reside in the county where the deposition is to be taken, on five days' notice. They may be taken before issue joined. (15 I. 576; 182 II. 590.)

In suits at law, upon satisfactory affidavit being filed, depositions may be taken in like manner upon like notice, where the witness resides in a different county, is about to depart from the State, is in custody on legal process, or unable to attend court on account of advanced age, sickness, or other bodily infirmity.

The testimony of a witness residing within the State, more than one hundred miles from the place of holding court, not residing in the State, or engaged in the naval or military service of the United States and out of the State, may be taken upon written interrogatories under a commission issued upon ten days' notice, before any competent and disinterested person, as commissioner, or before any judge, master in chancery, notary public, or justice of the peace of the county or city where the witness resides; or, where the witness is engaged in military service, before any commissioned officer in the military or naval service of this State or the United States.

A commission may issue, on ten days' notice, to take the deposition of a non-resident witness upon oral interrogatories before the same officers, one day's notice for each one hundred miles in addition to the ten days being given of the time and place of taking the deposition; and where notice has been served to take a deposition on written interrogatories the adverse party may insist upon the testimony being taken on oral interrogotories, by giving three days' notice of his election so to do, and a like notice of the time and place of taking the same.

Each witness is entitled to a fee of one dollar each day for attendance, and five cents per mile each way for necessary travel. The signature of the witness may be waived by consent of parties. Objections to questions as to matters of form should be specific. It is not essential that the name of the commissioner should appear in the notice or commission (20 Ill. App. 525); nor need all the witnesses be named therein. (60 Ill. App. 390.) The deposition may be taken by the commissioner in shorthand and afterwards transcribed by him, or, by consent, may be taken in shorthand by a third party. No party, his attorney, or person interested in the event of the suit, can dictate, write, or draw up, or be present during the time of taking, any deposition upon written interrogatories. There is probably no method to compel the attendance of a witness before a notary public or commissioner in this State, under a commission issued from a court of record of another State. (131 Ill. 199.)

[Instructions for Taking, Certifying, and Returning Depositions.] The deposition of of the county of and State (or Territory) of of lawful age, produced, sworn, and examined under oath, on the year of our Lord one thousand nine hundred and at the office (or house) of

day of

a witness in the

in

the town (or city) of

in the county of

and State (or Territory) aforesaid, by me a commissioner (or "by us," if more than one commissioner, inserting all the names

of the commissioners) duly appointed by dedimus potestatem or commission issued out of the clerk's office of the county, in the State of Illinois, bearing teste in court, with the seal of said court affixed thereto,

the name of

court, of

clerk of the said

now pending and undetermined in the said
is defendant, in behalf of the said
as on the interrogatories of the

and to me (or "us," if more than one) directed as such commissioner (or commissioners) for the examination of the said a witness in a certain suit and matter in controversy court, wherein is plaintiff and as well upon the cross-interrogatories of the which were attached to, or inclosed with, the said commission, and upon none others. (If deposition is taken orally, change this according to circumstances.) The said

being first duly sworn by me (or "by

one of said commissioners,"

if more than one) as a witness to the said cause, previous to the commencement of his examination, to testify the truth as well on the part of the plaintiff as the defendant, in relation to the matters in controversy between the said plaintiff and defendant so far as The should be interrogated, testified and deposed as follows:

"Interrogatory first" (here insert the first interrogatory).

"Answer to first interrogatory" (here insert the answer); and so on successively in the order in which the interrogatories may be propounded and answered. Then follow: "Crossinterrogatories and answers thereto by the witness on the part of the defendant" (or plaintiff, as the case may be). (Here again write down the interrogatories and answers, successively, in the order aforesaid.) After the deposition is taken, the interrogatories and answers should be read over to the witness, and, if he assents to the truth of the answers as written down, the witness then will sign his name at the bottom of the deposition, and swear to the truth of it before the commissioner (or before one of the commissioners, if more than one). This oath is in addition to the preliminary oath, which is administered previous to the commencement of the examination. The commissioner should then certify to the time, place, and manner of taking such deposition, as follows:I of the county of and State (or Territory) of a commissioner duly appointed to take the deposition of the said a witness whose name is subscribed to the foregoing deposition, do hereby certify, that previous to the commencement of the examination of the said as a witness in the suit between the said plaintiff and the said defendant, he was duly sworn by me as such commissioner (or "by of the commissioners," if more than one) to testify the truth in relation to the matters in controversy between the said plaintiff, and the said should be interrogated concerning the same; that the said office (or "at the house of ") in the city (or town) of on the day of

one

defendant, so far as he deposition was taken at my in the county of and and that after said depo

A. D. 19

State (or Territory) of sition was taken by me (or "us") as aforesaid, the interrogatories and answers thereto as written down were read over to the said witness, and that thereupon the same was signed and sworn to by the said deponent before me (or "us"), (the oath being administered one of said commissioners, where there are more than one), as such commissioner, at the place and on the day and year last aforesaid.

by

(The foregoing certificate of the commissioner should be at the foot or bottom of the deposition, immediately following the signature of the witness.)

The commissioner should then fold up the deposition as thus taken and certified, together with the commission and interrogatories, and all exhibits (if any) produced on the examination, properly marked or lettered as "Exhibit A," "Exhibit B," etc., and inclose the whole in a suitable wrapper or envelope, and then seal up the same securely with three seals, writing his name transversely across the middle seal; or, if two commissioners, they will each write their names, one on each of the outside seals; or, if three commissioners, then each one will write his name across one of the seals in the manner aforesaid. The commissioner (or commissioners) will also indorse the names of the parties to the suit transversely across one end of the package thus sealed up, according to the proper title of the suit, and direct the same to the proper address of the clerk, who may issue the commission, and transmit the same by mail to the proper post-office. It is important to the validity of the deposition that these requirements and instructions should be strictly attended to.

One caption will answer for the depositions of several witnesses, where they are all taken at the same time and place, to be read as evidence in the same suit, by so modifying the form here given as to make it applicable to the number of witnesses to be examined, as, for instance, at the commencement say: "The depositions of A. B., C. D., and E. F., of the county of and State of witnesses of lawful age, produced, sworn, and examined on their respective oaths," etc., and then in the latter part of the caption say: "The said A. B., C. D., and E. F., being first duly sworn by me as witnesses in the said cause," etc. Then, at the commencement of each deposition, say: "Interrogatories propounded to the said A. B., a witness produced and sworn as aforesaid, on the part of the said and his answers thereto, as follows:

Interrogatory 1st. (Here insert the first interrogatory.)

Answer to first interrogatory. (Here insert the answer.)

And so on successively with all the interrogatories to be propounded to that witness.

Then insert the cross-interrogatories as before directed. The deposition should then be read to the witness, and signed and sworn to by him, before the next witness is examined. Then proceed with the second and third witnesses in like manner to the end.

One certificate as to the time, place, and manner of taking such depositions, and that each one was signed and sworn to by such witnesses respectively, will be sufficient, provided due care be taken to have the names of all the witnesses, and the certificate in other respects be in conformity with their names as in the first instance.

Great care should always be taken to attach such depositions firmly together by means of tape or ribbon, using wax or wafers when necessary.

Descent and Distribution. (Hurd, 763.) Property in this State (143 Ill. 25), real and personal, of residents or non-residents dying intestate, descends and is distributed as follows: 1. to the children and their descendants equally, the descendants of a deceased child or grandchild taking the share of their parents in equal parts; 2, when there is no child, nor descendant of a child, and no widow or surviving husband, then to the parents, brothers, and sisters and their descendants equally, allowing each of the parents, if living, a child's part, or the survivor a double portion; and if there is no parent living, then to the brothers and sisters and their descendants; 3, when there is a widow or surviving husband, and no child or descendant of a child, one half of the real estate and the whole of the personal estate goes to the widow or surviving husband absolutely, and the other half of the real estate descends as in other cases where there are no children or descendants of children; 4, when there is a widow or surviving husband, and also a child or descendants of a child, the widow or surviving husband receives one third of the personal estate absolutely (see Dower and Curtesy); 5. if there is no child or descendant of a child, and no parent, brother, or sister, or descendant of parent, brother, or sister, and no widow or surviving husband, the estate descends in equal parts to the next of kin in equal degree (computing by the civil law), there being no representation among collaterals, except with descendants of brothers and sisters, and no distinction being made between kindred of the whole and the half blood; 6, in case of a widow or surviving husband, and no kindred, the whole estate goes to the widow or surviving husband (177 Ill. 49); 7, if no widow, surviving husband, or kindred, the estate escheats to the county where the property, or the greater portion thereof, is situated.

An illegitimate child is the heir of the mother, or any maternal ancestor, or person from whom the mother might inherit. The lawful issue of an illegitimate takes by descent any estate the parent would have taken if living. The estate of an illegitimate descends to widow or surviving husband and children as in other cases. In case of no surviving children, or descendants, the whole estate goes to widow or surviving husband. Where there is no widow or surviving husband, and no descendants, the mother takes one half, and her children and their descendants, by representation, the other half. In case of no heir as provided above, the estate goes to next of kin to mother, according to the rule of the civil law. Where there are no heirs or kindred the estate escheats to the State. An illegitimate child whose parents have intermarried, and whose father has acknowledged the child, is legitimatized. A legally adopted child takes from the parents by adoption as though born to them in wedlock, except as to property expressly limited to the body or bodies of the parents by adoption and property from the lineal or collateral kindred of such parents by right of representation. (Hurd, 128.) The parents by adoption and their descendants take by descent from an adopted child and his descendants only as to such property as the adopted child took from or through his adopted parents. See Taxes.

Divorce. (Hurd, 765.) Divorce is granted for the following causes: 1, impotence (88 II. 438; 93 Ill. 376); 2, that he or she had a wife or husband living at time of marriage: 3, adultery (70 III. 618; 86 Ill. 340); 4, desertion for two years without any reasonable cause (53 Ill. 394; 62 Ill. 439; 87 Ill. 250; 135 Ill. 445; 138 Ill. 436; 141 Ill. 550); 5, habitual drunkenness for the space of two years (130 Ill. 230); 6, attempt upon life of the other by poison or other means showing malice; 7, extreme and repeated cruelty (73 Ill. 497; 88 Ill. 248; 116 Ill. 509; 146 Ill. 328; 157 Ill. 321); 8, conviction of felony or other infamous crime. The complainant must have resided in this State one year next before filing the bill, unless the offense or injury complained of was committed in this State, or while one or both parties resided here. (129 Ill. 386; 141 Ill. 550.)

The legitimacy of children is not affected by divorce, unless on ground of prior marriage. The proceeding is according to chancery practice; but where the charge is denied, either party may demand a jury trial. The bill must be filed in the county where complainant resides, but process may issue to any county in the State. In case of default the cause must be heard by examination of witnesses in open court; and in no such case can a divorce be granted unless the judge is satisfied that proper means have been taken to notify the defendant and the case has been fully proved by reliable witnesses. The judge may require such additional notice as seems just. The court may, during the pendency of the suit, require payments to the wife to enable her to maintain or defend the suit, and as alimony; also may make such orders concerning the custody and care of minor children as may Beem expedient. Upon granting a woman a divorce she may be allowed to assume her maiden name. Upon granting a divorce the court may make such order regarding the alimony and maintenance of the wife, the care, custody, and support of the children, as the circumstances of the parties and the nature of the case may require, and may thereafter make such alterations in the decree in those respects as shall appear just. Neither party

can marry again within one year from date of decree; and the person decreed guilty of adultery cannot marry for two years. A marriage within these periods is void. See Service. Dower and Curtesy. (Hurd, 768.) The estate of curtesy is abolished. A surviving husband has dower (i. e. life interest in a third part of all lands whereof deceased was seized of an estate of inheritance during marriage) the same as a widow. Equitable estates, and land contracted for before death, are subject to dower. Dower may be barred by jointure assented to; by devise, unless widow or surviving husband renounces benefit of devise within one year from date of letters of administration; by force as against the party in fault; and by abandonment coupled with adultery. There is no dower in land as against a purchase-money lien. The husband or wife may renounce any devise under the will of the other and take, if there be children, dower and one third of personal estate, or, if no children, one half of both real and personal estate absolutely. See Aliens.

Evidence.

-

See Testimony.

Executions. See Judgments and Executions.
Executors and Administrators.

See Claims against Estates.

Exemptions. Homestead. (Hurd 1043.) The farin or lot of land and buildings thereon of every householder having a family, occupied as a residence, to the extent in value of one thousand dollars is exempt. The exemption continues after the death of the householder to the surviving husband or wife so long as he or she occupies the homestead, and to the children until the youngest becomes twenty-one years of age. But such property is subject to taxes and debts incurred for its purchase or improvement. In case the premises are worth more than one thousand dollars, and can be divided without injury, a portion thereof, including the dwelling-house, of the value of one thousand dollars, is set off, and the remainder is subject to execution and sale. If the premises cannot be divided, the property is valued by appraisers, and the debtor may pay the surplus over one thousand dollars; otherwise the property may be sold, and the officer having the execution pays one thousand dollars to the debtor and the remainder is applied in satisfaction of the creditor's claim, Substantially the same thing can be done by a court of chancery in a proceeding to foreclose a lien. Insurance money, in case of fire, is exempt to the same extent as the property insured. Upon a conveyance of the homestead the exemption continues to the grantee to the same extent. The proceeds from such sale, not over one thousand dollars, are exempt for one year, and may be invested in another homestead. The homestead right of exemption may be extinguished by a conveyance by both husband and wife, properly acknowledged (see Deeds), by abandonment, or, in case of right in childreu, by order of court of competent jurisdiction.

Personal Property. The following personal property is exempt: 1. the necessary wearing apparel, bibles, school-books, and family pictures; 2, one hundred dollars' worth of other property to be selected by the debtor, and in addition, when the debtor is the head of a family and resides with the same, three hundred dollars' worth of other property to be selected by the debtor, provided the exemption shall not be allowed from any money, salary, or wages due the debtor. When the head of a family dies, deserts, or does not live with the same, the exemption continues to the family. No personal property is exempt from process under a judgment for a debt for the wages of a laborer or servant. Exemptions cannot be claimed out of partnership property. (37 Ill. App. 489; 38 Ill. App. 269.) When a debtor desires to claim exemptions he must, within ten days after service of process and notice, schedule under oath all his personal property of every kind, including money in hand and debts due or owing him. Property not so scheduled is subject to process. Appraisers are then appointed by the officer having the writ, who place a fair value on each article. The debtor may select articles so appraised of a total value not exceeding the amount of the exemption allowed, the remainder being sold by the officer in satisfaction of the debt. Money or benefits received from life or accident insurance companies, organized under the act of July 1, 1893, are exempt. (Hurd, 1119.) The wages of a wage earner, being the head of a family, and residing with the same, are exempt from garnishment to the amount of fifteen dollars per week. (Hurd, 1119.) It is made a misdemeanor to send a claim to another State for collection out of the earnings of the debtor by garnishment or other proceedings when the debtor is a resident and the creditor, debtor, and garnishee are all within the jurisdiction of the courts of Illinois, with intent to deprive the debtor of his rights under the exemption laws of this State; or to transfer for such purpose a claim against a citizen of Illinois. The penalty is not less than ten dollars nor more than fifty dollars. A non-resident, as to wages earned and payable outside of this State, is allowed here the same exemption he would be entitled to in the State of his residence. (Hurd, 1122.) Wages earned and payable outside of this State are exempt from attachment or garnishment, where the cause of action arose out of the State, unless the defendant in the attachment or garnishment suit is personally served with process. If the defendant be not served personally, the court or justice of the peace issuing the writ must dismiss the suit at the cost of the plaintiff. (Hurd, 1122.) The law of exemptions applies to cases of distress for rent, except as to crops growing on the premises. (Hurd, 1299.)

Frauds, Statute of. — (Hurd, 1102.) The following contracts should be in writing: 1, a promise of an executor or administrator to answer any debt or damages out of his own estate; 2, a promise to answer for the debt, default, or miscarriage of another; 3, an agreemeat made in consideration of marriage; 4, an agreement not to be performed within one

year; 5, any contract for the sale of lands, or any interest therein for a longer term than one year; 6, express trusts relating to real estate. Garnishment. (Hurd, 1116.) Upon the return of an execution "no property found," if the plaintiff or his agent file an affidavit that the defendant has no property within the knowledge of affiant liable to execution, and affiant has just reason to believe that any person is indebted to, or has in his possession, custody, or charge effects or estate of the defendant, such person may be summoned as garnishee. No bond is required. In justice court the garnishee, except in case of a corporation, which may answer in writing, answers personally. In a court of record a written answer is filed, which may be traversed and a trial had. The garnishee cannot be held liable except where the defendant could recover against him in a direct suit. (75 Ill. 544.) An adverse claimant may appear and assert his claim to the debt or property. An assignment of the debt or property, prior to the service of process on the garnishee, is good against plaintiff, if notice be given to garnishee at any time before answer filed. (161 Ill. 85.) The garnishee may assert a set-off against the defendant. A person cannot be held as garnishee on his unmatured negotiable paper in the possession of defendant. In other cases, it seems, garnishment will lie before the debt is due. (62 Ill. App. 236.) Garnishees may also be summoned in attachment cases. See Attachments; Exemptions.

Holidays, Legal. (Hurd, 1410, 895.) January 1st, February 12th, February 22d, May 30th, July 4th. December 25th. first Monday in September (Labor Day), Thanksgiving Day, and election days; also every Saturday from twelve o'clock noon to twelve o'clock midnight. Where holidays fall on Sunday, the day following. See Notes and Bills. Inheritance Tax. See Taxes.

Insolvent Laws. The national bankruptcy act of 1898 has suspended the operation of the Illinois assignment act. (184 Ill. 110.)

Interest. (Hurd, 1248.) Extreme contract rate seven per cent., legal rate five per cent. Interest is allowed at the legal rate on moneys after they become due on any bond, bill, promissory note, or other instrument in writing; on money loaned or advanced for the use of another; on money due on the settlement of an account, from the date of ascertaining the balance; on money received to the use of another, and retained without the owner's knowledge; and on money withheld by an unreasonable and vexatious delay of payment. Judgments or decrees draw interest at five per cent. Penalty for contracting for more than seven per cent. is the loss of the entire interest, and only the principal sum can be recovered. A written contract, wherever payable, made in this State between citizens of this State and of a foreign State (or secured by a mortgage on lands in this State) is controlled by the law of this State as to the rate of interest, and the penalty for usury. Usury must be specially pleaded. A corporation cannot defend on the ground of usury. In all computations of time, and of interest and discounts, a month is considered to mean a calendar month, and a year twelve calendar months, and a day the thirtieth part of a month. A foreign corporation is subject to the same penalties for usury as a citizen of this State. (Hurd, 511.) A pawnbroker may receive three per cent. a month, but he can receive nothing in excess thereof for storage, insurance, or other charges.

Judgments and Executions. (Hurd, 1253.) A judgment is a lien on real estate situated in the county where the judgment is rendered, for seven years from its date. If an execution is not issued on a judgment within one year the judgment ceases to be a lien, but execution may issue at any time within seven years, and it becomes a lien from the time it is delivered to the officer to be executed. There is no priority of lien on real estate in respect to judgments entered at the same term, or on the same day in vacation. A transcript of a judgment in another county may be filed and thereupon becomes a lien upon real estate of the defendant in the county where filed, and execution may issue thereunder. Time during which the collection of the judgment is restrained by an injunction, appeal, order of court, or is delayed by death of the defendant, is not counted. Real estate levied upon within seven years may be sold thereafter within one year. The term real estate includes lands, tenements, hereditaments, and all legal and equitable rights and interests therein, including estates for life. for years, and leasehold estates when the unexpired term exceeds five years. An execution under a judgment may issue to any county in the State, but does not take effect, as against creditors and bona fide purchasers without notice, until the officer files a certificate of the levy in the office of the recorder of the county where the land is situated. Executions are made returnable ninety days after date, but may be returned before. An execution becomes a lien on personal property from the time it is delivered to the officer to be executed. The defendant may elect what property, not exempt from execution, to have the execution levied upon, provided personal property shall be last taken. Both real and personal property. where practicable, must be sold in separate tracts, lots, or articles, and only so much sold as is necessary to satisfy the execution and costs. Before real estate can be sold under an execution, a notice for three successive weeks, once in each week, must be published in some newspaper of the county where the sale is made, and written or printed notices thereof posted in three of the most public places in the county. Upon the sale the purchaser receives from the officer selling a certificate showing the amount paid, or, in case the purchaser is the plaintiff in the execution, the amount bid, describing the premises and giving the time when the purchaser will be entitled to a deed, unless the premises be redeemed. The officer files for record a duplicate of the certificate. The certificate is assignable by indorsement. The assignee thereof has the same rights as the orignal purchaser. The debtor