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28. ORAL EXAMINATION.] §28. When a party shall desire to take the evidence of a non-resident witness, to be used in any cause pending in this state, the party desiring the same, or where notice shall have been given that a commission to take the testimony of a non-resident witness will be applied for, the opposite party, upon giving the other three days' notice in writing of his election so to do, may have a commission directed in the same manner as provided in section 26 of this act, to take such evidence, upon interrogatories to be propounded to the witness orally; upon the taking of which each party may appear before the commission, in person or by attorney, and interrogate the witness. The party desiring such testimony shall give to the other the following notice of the time and place of taking the same, to-wit: ten days, and one day in addition thereto (Sundays included) for every one hundred miles' travel from the place of holding the court to the place where such deposition is to be taken.

29. ORAL EXAMINATION-COSTS.] $29. When a party to a suit shall give the opposite party notice to take a deposition upon oral interrogatories, and shall fail to take the same accordingly, unless such failure be on account of the nonattendance of the witness, not occasioned by the fault of the party giving the notice, or some other unavoidable cause, the party notified, if he shall attend himself or by attorney, agreeably to the notice, shall be entitled to $2 per day for each day he may attend under such notice, and to six cents per mile for every mile that he shall necessarily travelin going to and returning from the place designated to take the deposition, to be allowed by the court where the suit is pending, and for which execution may issue.

30. HOW DEPOSITIONS TAKEN AND CERTIFIED.] 30. Previous to the examination of any witness whose deposition is about to be taken as aforesaid, he or she shall be sworn (or affirmed) by the person or persons authorized to take the same, to testify the truth in relation the matter in controversy, so far as he or she may be interrogated; whereupon the said commissioner, judge, master in chancery, notary public, justice of the peace, clerk, or other person authorized to take depositions (as the case may be), shall proceed to examine such wituess upon all such interrogatories as may be inclosed with or attached to any such commission as aforesaid, and which are directed to be put to such witness, or where the testimony is taken upon oral interrogatories, upon all such interrogatories as may be directed to be put by either party litigant; and shall cause such interrogatories, together with the answers of the witness thereto, to be reduced to writing in the order in which they shall be proposed and answered, and signed by such witness; after which, it shall be the duty of the person taking such deposition to annex at the foot thereof a certificate, subscribed by himself, stating that it was sworn to and signed by the deponent, and the time and place when and where the same was taken. And every such deposition, when thus taken and subscribed, and all exhibits produced to the said commissioner, judge, master in chancery, notary public, justice of the peace, or clerk, or other person authorized to take depositions, as aforesaid, or which shall be proved or referred to by any witness, together with the commission and interrogatories, if any, shall be inclosed, sealed up, and directed to the clerk of the court in which the action shall be pending, with the names of the parties litigant indorsed thereon: Provided, that when any deposition shall be taken as aforesaid, by any judge, master in chancery, notary public or justice of the peace out of this state, or other officer, such return shall be accompanied by a certificate of his official character, under the great seal of the state, or under the seal of the proper court of record of the county or city wherein such deposition shall be taken. [R. S. 1845, p. 234, § 12. 31. DEPOSITION-UNSEALED, ETC.-INFORMAL.] $31. Every deposition that shall be returned to the court unsealed, or the seal of which shall be broken previous to its reception by the clerk to whom it is directed, shall, if objection be made thereto in proper time, be regarded by the court as informal and insufficient. [R. S. 1845, p. 235, § 16.

32. OPENING DEPOSITION-PENALTY.] § 32. It shall not be lawful for any party litigant, or the clerk of the court into which any deposition may be re

turned as aforesaid, to break the seal of the same, either in term time or in vacation, unless by consent of parties or their attorneys, indorsed thereon 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 consent or 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 offense for the clerk to break open any such deposition, as aforesaid, where it is doubtful, from the indorsements 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, or by consent indorsed as aforesaid. [R. S. 1845, p. 235, § 17.

33. DICTATING, ETC., EFFECT OF.] § 33. The party, his attorney, or any person who shall in anywise be interested in the event of the suit, shall not be permitted to dictate, write or draw up any deposition which may at any time be taken under this act, or be present during the taking of any deposition by writ ten interrogatories; and every deposition so dictated, written or drawn up, or during the taking of which any such party, his attorney, or any person so interested is present when the same is taken upon written interrogatories as aforesaid, shall be rejected by the court as informal and insufficient. [R. S. 1845, p. 235, § 16.

34. EFFECT OF DEPOSITION.] § 34. Every examination and deposition which shall be taken and returned according to the provisions of this act, may be read as good and competent evidence in the cause in which it shall be taken, as if such witness had been present and examined by parol in open court, on the hearing or trial thereof. [R. S. 1845, p. 235, § 13.

35. FURTHER EXAMINATION OF WITNESS.] § 35. If it shall appear to the satisfaction of the court that any witness has not given full or proper answers to the interrogatories or cross-interrogatories accompanying the commission to take his testimony, or that a further examination ought to be allowed to either party for the ends of justice, may allow another commission to issue to the same or other commissioner, to further examine the witness in such manner and upon such conditions and notice as the court shall direct.

36. ATTENDANCE OF WITNESSES BEFORE COMMISSIONER, ETC.] § 36. Each and every commissioner, judge, justice of the peace, or clerk of court, master in chancery, notary public or other officer who may at any time be required to take depositions in any cause pending in any of the courts of law or equity in this state, or by virtue of any commission issued out of any court of record in any other state or territory, shall have power and authority to issue subpenas, if necessary, to compel the attendance of all such witnesses as shall be named in the commission, or by the parties litigant, where no commission is necessary, in the same manner and under the same penalties as is prescribed in other cases, where witnesses are directed to be subpenaed. [R. S. 1845, p. 235, § 14.

37. FEES OF WITNESSES BEFORE COMMISSIONER.] $37. Every witness attending before any commissioner, judge, justice of the peace, clerk or other person. authorized to take depositions, as aforesaid, to be examined as aforesaid, shall be entitled to a compensation for his time and attendance and traveling expenses, at the same rate, for the time being, as is or shall be allowed by law to witnesses attending courts of record in this state; and the party requiring such examination shall pay the expenses thereof, but may, if successful in the suit, be allowed for the same in the taxation of costs. [R. S. 1845, p. 235, § 15.

38. ORAL TESTIMONY IN CHANCERY.] § 38. On the trial of every suit in chancery, oral testimony shall be taken when desired by either party. [L. 1849, p. 133, § 1.

PERPETUATING TESTIMONY.

39. WHEN AND HOW TESTIMONY PERPETUATED.] § 39. In all cases hereafter, where any person shall desire to perpetuate the remembrance of any fact,

matter or thing, which may relate to the boundaries or improvements of landname 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 any part 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 any other matter or thing necessary to the security of any estate, real, personal or mixed, or any private right whatever, it shall be lawful for such person, upon filing a petition supported by affidavit, in the circuit court of the proper county, setting forth, briefly and substantially, his interest, claim or title in or to the subject concerning which he desires to perpetuate evidence, the fact intended to be established, and the names of all other persons interested or supposed to be interested therein, and whether there are any persons interested therein whose names are unknown to the petitioner, and the name of the witness proposed to be examined, to sue out from such court a dedimus potestatem or commission, directed to any competent and disinterested person as commissioner, or to any judge, commissioner of deeds, master in chancery, notary public, clerk of a court, or justice of the peace in the county in which such witness resides, or in which the testimony is to be taken, authorizing him or them to take the deposition of such witness. [R. S. 1845, p. 235, § 19.

40. How DOCKETED.] § 40. Such petition shall be docketed by the clerk, as other cases in equity: the petitioner being designated as plaintiff, and the persons stated to be interested, as aforesaid, as defendants-the parties whose uames are unknowu being designated as "unknown owners."

41. SEVERAL COMMISSIONS MAY ISSUE.] § 41. Several commissions may be issued, upon the same petition, to different commissioners or officers, either within or without this state, to take the testimony of different witnesses, or witnesses residing in different places, or the 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 guard ian 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 com

missioner or officer, 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 herein before 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 necessary. [As amended by act approved March 27, 1874; inforce July 1, 1874. R. S. 1845, p. 417, § 31.

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.] § 1. 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.

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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.]

HOMESTEAD.

1. HOMESTEAD.] § 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, 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.

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.

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.

4. HOW ESTATE EXTINGUISHED.] § 4. No release, waiver or conveyance of the estate so exempted shall 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 convey. ance; or, if the exemption is continued to a child or children, without the order of the court directing a release thereof. [See "Conveyances," ch. 30, § 27. L. 1851, p. 25, § 1; L. 1871–2, p. 478, § 4.

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