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by process of law or otherwise, the wife may, by deed, duly executed and acknowledged, release and convey to the purchaser or purchasers, his or their grantee or grantees, all her interest in such tract or parcel of land, whether in possession or expectancy, in the same manner and with the like effect as though she were sole and unmarried; and any deed by her so executed and acknowledged, shall be a valid and sufficient bar, in law and equity, to any right or choice of dower or other interest which she may thereafter assert in such premises.

[R. S. 1845, p. 107, § 21; Welch v Dutton, 79 Ill. 465; Warner v. Crosby, 89 III. 320; Harrar v. Wallner, 8o Ill. 197; Lane v. Souland, 15 Ill. 123; Terry v. frustees, etc.. 70 Ill. 236; Higgins v Crosby, 40 ill. 260; Kerr v. Russell, 69 Ill. 666; Rogers v. Higgins, 48 fil. 214; Stiles v. Probst, 69 Ill. 382; Osborne v. Horine, 19 Ill. 124; Morrison v. Brown, 83 Ill. 562; Cole v. Van Riper, 44 Ill. 58: Scovil v. Kelsey, 46 Ill. 346; Dean v. O'Meara, 47 Ill. 121; Scovil v. Connell, 47 Ill. 277; Bailey v. West, 41 Ill. 290; Blain v. Harrison, Ill. 386; Summers v. Babb, 13 Ill. 484; Morton v. Noble, 57 Ill. 176; Chicago Dock Co. v. Kinzie, 49 Ill. 294; Spurck v. Crook, 19 Ill. 427

18. Conveyances by married woman. 18. Any married woman, being above the age of eighteen years, joining with her husband in the execution of any deed, mortgage, conveyance, power of attorney, or other writing of or relating to the sale, conveyance or other disposition of her lands or real estate, or any interest therein, shall be bound and concluded by the same, in respect to her right, title, claim or interest in such estate, as if she were sole.

[*276] ·

[See "Husband and Wife," ch. 68. § 9: L. 1869. p. 359, §1: R. S. 1845, P. 106, § 17; Harrer v. Wallner, 80 Ill. 197; Hoyt v. Swar, 53 Ill. 140; Morrison v. Brown, 83 11. 562: Avers v. Hawks, 1 Brad, 600; Hogan v. Hogan, 89 Ill. 431 Barnes v. Ehrman, 74 Ill. 402; Herdman v. Pace, 85 Ill. 345: Elder v. Jones, 85 Ill. 384; Wilhelm v. Schmidt, 84 Ill. 183; Lewis v. Graves, 84 lil. 205.

19. Acknowledgment by married woman. $ 19. The acknowledgment or proof of any deed, mortgage, conveyance, release of dower, power of attorney, or other writing of or relating to the sale, conveyance, or other disposition of lands or real estate, or any interest therein, by a married woman, may be made and certified the same as if she were a feme sole, and shall have the same effect.

[L. 1869. p. 359, § 1; R. S. 1845, p. 106. § 17: Stiles v. Probst, 69 Ill. 382; Spurgin v. Traub, 65 Ill. 170; Murphy v. Williamson, 85 Ill. 150; Ayers v. Hawks, Bradw. 600; Warner v. Crosby, 89 Ill. 320; Hogan v. Hogan, 89 Ill. 431; Blackman v. Hawks, 89 Ill. 512; Barnes v. Ehrman, 74 Ill 402.

20. Acknowledgment of deeds, etc. 20. Deeds, mortgages, conveyances, releases, powers of attorney, or other writings of or relating to the sale, conveyance or other disposition of real estate, or any interest therein, whereby the rights of any person may be affected in law or in equity, may be acknowledged or proved before some one of the following courts or officers, namely:

First-When acknowledged or proved within this State, before a master in chancery, notary public, United States commissioner, circuit or county clerk, justice of the peace, or any court of record having a seal, or any judge, justice or clerk of any such court. When taken before a notary public or United States commissioner, the same shall be attested by his official seal; when taken before a court or the clerk thereof, the same shall be attested by the seal of such court; and when taken before a justice of the peace, there shall be added the certificate of the county clerk, under his seal of office, that the person taking such acknowledg

ment or proof was a justice of the peace in said county at the time of taking the same. If the justice of the peace reside in the county where the lands mentioned in the instrument are situated, no such certificate shall be required.

Second-When acknowledged or proved without this State, and within the United States or their territories, or the District of Columbia, before a justice of the peace, a notary public, United States commission er, commissioner to take acknowledgments of deeds, mayor of a city, clerk of a county, or before any judge, justice, or clerk of the supreme or any circuit or district court of the United States, or any judge, justice or clerk of the supreme, circuit, superior, district, county or common pleas court of any of the United States or their territories. When such acknowledgment or proof is made before a notary public, United States commissioner, commissioner of deeds, mayor of a city, or clerk, it shall be certified by such officer, under his seal of office. If before a mayor of the city, it shall be certified under the seal of the city. If before a justice of the peace, there shall be added a certificate of the proper clerk, under the seal of his office, setting forth that the person before whom such proof or acknowledgment was made was a justice of the peace at the time of making the same. An acknowledgment or proof may be made in conformity with the laws of the State, territory or district where it is made: Provided, that if any clerk of a court of record, within such State, territory or district, shall, under his hand and the seal of such court, certify that such deed or instrument is executed and acknowledged or proved in conformity with the laws of such State, territory or district, or it shall so appear by the laws of such State, territory or district, duly proved and certified copies of the record of such deed, mortgages or other instruments relating to real estate, heretofore or hereafter made and recorded in the proper county, may be read in evidence as in other cases of such certified copies, upon such a certificate of conformity to the laws of the State, territory or district where such deeds, mortgages or other instruments were made and acknowledged, being exhibited therewith or annexed thereto.

Third-When acknowledged or proved without the United States, then before any court of any republic, State, kingdom or empire having a seal, or any mayor, or chief officer of any city or town having a seal, or before any minister or secretary of legation, or consul of the United States in any foreign country, attested by his official seal, or before any officer authorized by the laws of such foreign country to take acknowledgments of conveyances of real estate, if he have a seal, such deed to be attested by the official seal of such court or officer. And in case such acknowledgment or proof is taken other than before a court of record, or mayor, or chief officer of a town having a seal, proof that the officer [*277] taking such acknowledgment was duly authorized by the laws of his country so to do, shall accompany the certificate of such acknowl edgment.

[As amended by act approved March 27, 1874 In force July 1, 1874. R. S. 1845, P105, § 16 p. 106, 18; L. 1847, P. 37. $8 1, 3: L. 1849, p. 131, § 1; Hartshorn v. Dawson, 79 Ill. 108; Darst v. Gale: 83 lil. 136, West & Krebaum, 88 Ill. 263: McPherson v. Sanborn, 88 Ill, 150; City Ins. Co. v Com. Bank. 68 Ill. 349; Dawson v. Hayden, 67 ill. 52; Sisk v Woodruff, 15 Ill. 17; Mason v Brock, 12 Ïll, 273; Moore

v. Titman, 33 Ill. 358; Holbrook v. Nichol, 36 I. 162; Hague v. Porter, 45 Ill. 318; Woodruff v. McHarrey, 56 Ill. 218; Adams v. Bishop, 19 Ill. 395; Hurt v McCartney, 18 l. 131 Hardin v. Kirk, 49 III. 157; Secrist v. Green, 3 Wall. (U S.) 744; McCormick v. Evans, 33 Ill. 328; Lyon v. Kain, 36 Ill. 372; Livingston v. Kettelle, Gilm. 119; Graham v. Anderson, 42 Ill. 515; Skinner v. Fulton, 39 Ill. 484; Shephard v. Carreil, 19 Ill. 319; Morrison v. Hinton, 4 Scam. 457; Ross v. Hole, 27 Il 104; Vance v. Schuyler, 1 Gilm. 164; Harding y. Curtis, 45 Ill. 253; Dunlap v. Daugherty, 20 Ill. 397; Lynch v. Livingston, 6 N. Y. Rep. 422; Bowman v. Wettig, 39 I 425; Dennis v. Hopper, 18 Ill. 82; Hammers v. Dole, 61 Ill, 307: Darst v Gale, 83 Ill. 136; Schroder v. Keller, 84 Ill. 46; Tunison v. Chamblin, 88 Ill. 379; Blackman v. Hawks, 89 Ill. 512.

21. Acknowledgments before justices of another county. 21 All deeds, mortgages and other instruments in writing, relating to or affecting any lands, tenements or hereditaments, situated within this State, which have been or may hereafter be executed and acknowledged or proved before any justice of the peace of any county in this State, other than the one in which such lands, tenements or hereditaments lie, and which have been or may be recorded in the county where such lands, tenements or hereditaments do actually lie, shall be adjudged and treated by all courts as legally executed and recorded, notwithstanding there is no certificate attached to said mortgage or other instruments, by the proper officer, that the justice of the peace before whom said deed, mortgage or other instrument was acknowledged or proved, was, at the time of said acknowledgment or proof, an acting justice of the peace of the county in which said deed, mortgage or other instrument purports to have been acknowledged or proved, Provided, that the record or a certified transcript of such record shall not be read in evidence, unless the certificate of the proper county clerk, under his official seal, is produced, or other competent evidence introduced, showing that the person purporting to take such acknowledgment was a justice of the peace at the date such acknowledgment was taken, and for this purpose the certificate of the proper county clerk shall be prima facie evidence.

[L. 1851. p. 122, 881, 3, Calumet & Chicago Canal & Dock Co. v Russell, 68 Ill. 426; Hartshorn v. Dawson, 79 Ill. 109; Merritt v. Yates, 71 III. 636.

22. Foreign acknowledgment-certificate of conformity. 22. Where any deed, conveyance or power of attorney has been or may be acknowledged or proved in any foreign State, kingdom, empire or country, the certificate of any consul or minister of the United States in said country, under his official seal, that the said deed, conveyance, or power of attorney is executed in conformity with such foreign law, shall be deemed and taken as prima facie evidence thereof, Provided, that any other legal mode of proving that the same is executed in conformity with such foreign law may be resorted to in any court in which the question of such execution or acknowledgment may arise. [L. 1849, P. 132, 3.

23. Foreign acknowledgment - effect. § 23. All deeds, conveyances and powers of attorney, for the conveyance of lands lying in this State, which have been or may be acknowledged or proved and authenticated as aforesaid, or in conformity with the laws of any foreign State, kingdom, empire or country, shall be deemed as good and valid in

law as though acknowledged or proved in conformity with the existing laws of this State.

[L. 1849, P. 131, § 2; Russell v. Rumsey, 35 Ill. 372; Rose v. Sanderson, 38 Ill 250; Denriger v. McConnel, 41 Ill. 233; I. G. F. R. R. Co. v. Cook, 29 ill 241.

24. Duty of officer taking acknowledgment. § 24. No judge or other officer shall take the acknowledgment of any person to any deed or instrument of writing, as aforesaid, unless the person offering to make such acknowledgment shall be personally known to him to be the real person who and in whose name such acknowledgment is proposed to be made, or shall be proved to be such by a credible witness, and the judge or officer taking such acknowledgment shall, in his certificate thereof, state that such person was personally known to him to be the person whose name is subscribed to such deed or writing, as having executed the same, or that he was proved to be such by a credible witness (naming him), and on taking proof of any deed or instrument of writing, by the testimony of any subscribing witnesses, the judge or officer shall ascertain that the person who offers to prove the same is a subscribing witness, either from his own knowledge, or from the testimony of a credible witness; and if it shall appear from the testimony of such subscribing witness that the person, whose name appears subscribed to such deed or writing, is the real person who executed the same, and that the witness subscribed his name as such, in his presence and at his request, the judge or officer shall grant a certificate, stating that the person testifying as subscribing witness was personally known to him to be the person whose name appears subscribed to such deed, as a witness of the execution thereof, or that he was proved to be such by a credible witness (naming him), and stating the proof made by him; and where any grantor or person executing such deed or writing, and the subscribing wit[*278] nesses, are deceased or cannot be had, the judge or officer, as aforesaid, may take proof of the handwriting of such deceased party and subscribing witness or witnesses (if any); and the examination of a competent and credible witness, who shall state on oath or affirmation that he personally knew the person whose handwriting he is called to prove, and well knew his signature (stating his means of knowledge), and that he believes the name of such person subscribed to such deed or writing, as party or witness (as the case may be), was thereto subscribed by such person; and when the handwriting of the grantor or person executing such deed or writing, and of one subscribing witness (if any there be), shall have been proved, as aforesaid, or by proof of signature of grantor where there is no subscribing witness, the judge or officer shall grant a certificate thereof stating the proof aforesaid.

[R. S 1845, p. 107. § 20; Lowell v Wren, 8o Ill. 238; Short v. Conlee, 28 III. 227; Choteau v Jones, 11 Ill 321; Job v. Tebbetts, 4 Gilm. 143; Reece v. Allen, 5 Gilm. 238; Shephard v. Carriel, 19 III. 319, Delaunay v. Burnett, 4 Gilm. 454.

25. Proof of execution. 25. If any grantor shall not have duly acknowledged the execution of any deed or instrument entitled to be recorded, and the subscribing witness or witnesses be dead, or not to be had, it may be proved by evidence of the handwriting of the grantor, and of at least one of the subscribing witnesses, which evidence shall

consist of the testimony of two or more disinterested persons swearing to each signature.

[R. S. 1845, p. 110, $41; Doe v. Miles, 2 Scam. 315; McConnel v. Read, 2 Scam. 374: Sisk v. Woodruff, 15 Ill. 15; Dundy v. Chambers, 23 Ill. 372; Ross v. Hole, 27 1. 106; Stephenson v. Thompson, 13 Ill. 186; Winstanley v. Meacham, 58 Ill 99; Hurt v. McCartney, 18 Ill. 129; Prettyman v. Goodrich, 23 Ill. 330; Ayres v. McConnel, 2 Scam. 307; Higgins v. Crosby, 40 Ill. 260; Mariner v. Saunders, 5 Gilm 113: Hughes v. Lane, 11 lil, 123; Mason v. Brock, 12 Ill. 276; Russell v. Rumsey, 35 III 363: Lindley v. Smith, 46 III. 526; Graham v. Anderson, 42 Ill. 514; Hardin v. Kirk, 49 Ill. 157; Chiniquy v. Catholic Bishop, 41 Ill. 148; Gove v. Cather, 23 III. 634; Tully v. Davis, 30 Ill. 103; Becker v. Quigg, 54 Ill. 396; Ennor v. Thompson, 46 Ill. 217; Swift v. Castle, 23 Ill. 209, 242; Eyster v. Hatheway, 50 Ill. 522; Hill v. Bacon, 43 1 478; Spurck v Crook, 1, Ill. 427; Moulton v. Hurd, 20 Ill. 142; Martin v. Hargardine, 46 Ill. 322; Rogers v. Higgins, 48 Ill. 212; Hoyt v.Swar, 53 III. 139; Lane v. Soulard, 15 I. 123; Rose v. Sanderson, 38 Ill. 247; McDaniel v. Correll, 19 Ill. 226; Johnson v. Montgomery, 51 Ill. 185; Chase v. Palmer, 29 Ill. 306; People v. Organ, 27 Ill: 27; Drury v. Foster, 2 Wall. (U. S.) 33; Lyon v. Káin, 36 III. 370; Short v. Conlee, 28 Ill. 227; Owen v. Robbins, 19 Ill. 554; Becker v. Quigg, 54 III. 396; Chester v. Rumsey, 26 Ill. 97; Stuart v. Dutton, 39 Ill. 95; Tourville v. Pierson, 39 Ill. 447; Strawn v. Strawn, 50 Ill. 34.

$ 26. A certificate

of

26. Form of acknowledgment. acknowledgment, substantially in the following form, shall be sufficient : State of (name of State),

County of (name of county),

I (here give name of officer and his official title) do hereby certify that (name of grantor, and if acknowledged by wife, her name, and add "his wife") personally known to me to be the same person whose name is (or are) subscribed to the toregoing instrument, appeared before me this day in person, and acknowledged that he (she or they) signed, sealed and delivered the said instrument as his (her or their) free and voluntary act, for the uses and purposes therein set forth

Given under my hand and (private or official, as the case may be) seal, this (day of the month) day of (month), A. D. (year),

(Signature of officer.)

[Seal.]

27. Release of homestead. § 27. No deed or other instrument shall be construed as releasing or waiving the right of homestead, unless the same shall contain a clause expressly releasing or waiving such right. And in such case the certificate of acknowledgment shall contain a clause substantially as follows: "including the release and waiver of the right of homestead," or other words which shall expressly show that the parties executing the deed or other instrument intended to release such right. And no release or waiver of the right of homestead by the husband shall bind the wife unless she join in such release or waiver.

[See "Exemption," ch. 52, § 4; L. 1851, p. 25, § 1; Best v. Gholson, 89 Ill. 465; Warner v. Crosby, 89 l. 320; Hutchings v. Huggins, 59 Ill. 29; Patterson v. Kreig, 29 Ill. 518; Pard v. Lindley, 31 Ill. 174; Marshall v. Barr, 35 I. 108; Brown v. Coon, 36 I. 243: Fishback v. Lane, 36 Ill. 437; McDonald v. Crandall, 43 Ill. 237; Coe v. Smith, 47 Ill. 225; Hewit v. Templeton, 48 Ill. 367; Black v. Curran, 14 Wall. (U. S.) 463; More v. Dunning, 29 Ill. 130; White v. Clark, 36 Ill. 288; Mix v. King. 55 434 Vanzant v. Vanzant, 23 Ill. 536; Boyd v. Cudderback, 31 I 113; Redfern v. Redfern, 38 Ill. 509: Wright v. Dunning, 46 Ill. 271; Buck v. Cologue, 49 Ill. 391; Stiles v. Probst, 69 Ill. 382.

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28. Deeds, etc., to be recorded. § 28. Deeds, mortgages, powers of attorney, and other instruments relating to or affecting the title to real estate in this State, shall be recorded in the county in which such real estate is situated; but if such county is not organized, then in

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