AN ACT to authorize the governor of this State to appoint commissioners to take the acknowledgment or proof of the executions of deeds and other instruments, and to take depositions, etc., in other states, territories, etc. [Approved and in force February 19, 1869. L. 1869, p. 92.]

1. Appointment-term of office-powers. SEC. I. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the governor of this State may appoint and commission in any other State, in the District of Columbia, in each of the territories of the United States, and in any foreign country, as many commissioners as he may deem expedient: Provided, that the number of such commissioners shall at no time exceed five in any one city or county; who shall continue in office for four years, and shall have authority to take relinquishments of dower of married women, the acknowledgment or proof of the execution of any deed or other conveyance, or lease of any land lying in this State, or any contract, assignment, transfer, letter of attorney, satisfaction of a judgment, or of a mortgage, or of any other instrument or writing, under seal or not, to be used or recorded in this State. And any such commissioners, appointed for any foreign country, shall also have authority to certify to the official character, signature or seal of any other officer within their district who is authorized to take acknowledgments or declarations under oath.

2. Oath-seal. §2. Every such commissioner, before performing any duty or exercising any power in or by virtue of his appointment, shall take and subscribe an oath or affirmation, before a judge or clerk of one of the courts of record of the district, State or territory or country in which said commissioner shall reside, well and faithfully to execute and perform all the duties of such commissioner, under and by virtue of the laws of the State of Illinois. And every such commissioner shall, before he enters upon the duties of his office, cause to be prepared an official seal, in which shall be designated his name, and the words, "a commissioner for the State of Illinois," together with the name of the State, territory or country, and also the city or county within which he shall reside or have an office, and for which he shall have been appointed; and shall, within six months after his appointment, transmit to, and cause to be filed in the office of the secretary of State of this State, said oath or affirmation, and also a distinct impression of such seal, taken upon wax or some other substance capable of receiving and retaining a clear impression, together with his signature in his own proper writing.

3. Effect of his acts. 3. Such acknowledgment or proof, so taken according to the laws of this State, and certified to by any such commissioner, under his seal of office, annexed to, impressed or indorsed on any of the instruments in writing provided for or mentioned [*267] in section one (1) of this act, shall have the same force and effect, and be as good and effectual to all intents and purposes in law, as if the same had been made or taken before any officer authorized to take such proof or acknowledgment, residing in this State; and any instrument so authenticated shall be entitled to be recorded in any county in this State. 4. Oaths- depositions. 4. Every commissioner shall have power to administer any oath which may be lawfully required in this State, to any person willing to take it, and to take and certify depositions to be used in any of the courts of this State, in conformity to the laws thereof, either on interrogatories proposed under commission from a court of this State, or by consent of parties, or on legal notice given to the opposite party; and all such acts shall be as good and valid in law as if done and certified according to law by any officer authorized to administer oaths or take depositions within or without this State.

[Kassing v. Griffith, 86 Ill. 267.

5. That the governor of

5. Additional commissioners. this State is hereby authorized to name, appoint and commission, in addition to the number authorized by the first section of this act, one commissioner for every 10,000 inhabitants in the cities of other States and territories, but no commission shall issue to any applicant unless he shall present to the governor a certificate, under seal of the mayor of the city, or the judge of a court of record of the city in which such applicant resides or desires to open an office, of the number of inhabitants of said city, and that said applicant is a proper person to receive such appoint

ment.

6. Repeal of former laws. § 6. That all laws heretofore passed authorizing the appointment of commissioners to take the proof and acknowledgment of deeds and other instruments, and to administer oaths in other States and territories, and prescribing the duty and authority of such commissioners, are hereby repealed: Provided, such repeal shall not affect appointments heretofore made under such laws hereby repealed.

7. Forms and instructions. 7. It shall be the duty of the secretary of State of this State to prepare instructions and a set of forms, in conformity with, the laws of this State in reference to the taking of acknowledgments of deeds and other instruments in writing, and in reference to taking depositions under the laws of this State, and when any person appointed a commissioner under this act shall have filed the oath, impression of seal and signature hereinbefore provided, in the office of such secretary, the said secretary of State shall forthwith forward to such person a certificate stating that such person has complied with the law, and shall also forward to such person a copy of such instructions and set of forms, to be prepared as aforesaid, together with a copy of this act, for which said secretary shall be entitled to demand and receive the sum of $5 of said party.

[Kassing v. Griffith, 86 III, 267.

8. Appointment forfeited. §8. Any person appointed commissioner under this act, who shall not within six months after his appointment comply with the requirements hereof, and become a resident of or open an office in the city, county, State, territory or country for which he may be appointed, shall forfeit all rights conferred by such appointment, and the power and authority of such commissioner conferred by this act shall cease.

9. When act takes effect. § 9. This act shall take effect and be in force from and after its passage.

AN ACT to create a commission of claims, and to prescribe its powers and duties. [Approved May 29, 1877. In force July 1, 1877. Laws 1877, p. 64.]

*1. Commission of claims created.

64

SEC. I. Be it enacted

Said

by the People of the State of Illinois, represented in the General Assembly, That there shall be, and hereby is created and constituted a commission to be called the Commission of Claims," which shall be composed of one of the judges of the supreme court, who shall be president of said commission, and two judges of the circuit courts of this State. judges shall be specially assigned to duty on said commission by the chief justice of the supreme court. Said commission shall hold a session at the capital of this State on the second Monday of August, A. D. 1878, and every two years thereafter, and shall continue their session until the business before them shall be disposed of.

*2. Duty of commission- claims-award. § 2. It shall be the duty of said commission to hear and determine all unadjusted claims of all persons against the State of Illinois, and said commission shall hear and determine such claims according to the principles of equity and justice, except as otherwise provided in the laws of this State, and in case said commission shall allow any such claim, they shall make an award in favor of the claimant, finding the amount due to such claimant, and naming the claimant, which said award shall be filed and recorded in the office of the auditor of public accounts, in a book to be kept by him for that purpose.

*3. Auditor ex-officio clerk. § 3. The auditor of public accounts shall be ex-officio clerk of said commission and shall be custodian of all records, books, files and papers belonging or appertaining to said commission.

*4. Claims-filing statement - hearing. § 4. All persons having any such claims against this State shall file the same with the auditor of public accounts, at least three months before the day fixed by this act for the sessions of said commission, and shall file with such claim a statement in writing, under oath, of the facts upon which such claim is based, setting forth the time when and the place where the same accrued, and if such claim accrued by virtue of a contract, a copy of such contract, and the name and present residence, if known, of the officer or agent with whom such contract was made, and in all cases, the amount of such claim, and all other facts necessary to a full understand-. ing of such claim; and upon the filing of the same as aforesaid, it shall

be the duty of the auditor to immediately notify the attorney-general thereof, and it shall be his duty to represent the State in all such claims. All evidence in support of, or against such claims shall be taken in writ ing in the same manner in which depositions in cases in chancery are usually taken, and, together with all documentary or other evidence, shall be filed with the auditor of public accounts, prior to the day fixed for the sitting of said commission, and no other evidence shall be received by said commission on the hearing of any such claim.

5. Report to governor, etc. § 5. The auditor shall, in his biennial report to the governor, include a detailed statement of all such awards, and said statement shall be laid before the two houses of the general assembly at its session held next after the filing of said awards. *6. Compensation. § 6. Neither the auditor or any of said judges shall receive any additional pay or compensation by the reason of any service rendered under the provisions of this act.

*7. Effect of rejecting claims. § 7. In case said commission shall reject any claim, so filed as aforesaid, upon the hearing thereof, such rejection shall conclude all parties thereto, unless said commission shall, in their award thereon, otherwise direct.

*8. Jurisdiction. §8. The jurisdiction conferred upon said commission by this act shall be, and is hereby declared to be, exclusive. AN ACT in regard to the jurisdiction of the Commission of Claims. [Approved May 30, 1881. In force July 1, 1881. L. 1881, p. 60.

*9. Jurisdiction. SEC. I. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the Commission of Claims is hereby given jurisdiction in all cases of claims against the State for the taking or damaging of private property by the State for public purposes, in the construction or for the use of any State institution, river, canal or other public improvements. Nothing in this act shall be so construed as to remove or repeal the bar of any statute of limitations against any such claim, nor shall the same be so construed as to give the commission jurisdiction of any claim growing out of the construction of the dam across the Illinois river at Henry, Illinois, or the dam across the Little Wabash river at New Haven, Illinois, nor to any claim heretofore passed upon by said commission or the General Assembly.

*10. May go on premises-compensation. § 2. Said commission may go upon the premises alleged to have been taken or damaged, or may appoint a competent surveyor to go upon such land, and report such notes and profiles to said commission as the commission may direct. Said commission may award such survevor a reasonable compensation for such services.