may order a by-stander to arrest the offender and detain him until he can make out a commitment.

Form of record of conviction.

State of Illinois,

La Salle county, S ss. Be it remembered, that on this day of instant, during the trial of a cause between A. B., plaintiff, and C. D., defendant, before me, Jabez Fitch, Esquire, one of the justices of the peace in and for the county of La Salle, at my office in Ottawa, in said county, Isaac Rattler did, wilfully and contemptuously, accuse me of gross partiality and abuse of power in the office of justice of the peace, in the presence of a number of by-standers, (or "interrupted me while engaged in the trial of the said cause, by making a great noise and disturbance, and being ordered by me to cease, refused so to do, and said that he did not regard me nor my authority," or if for any other cause, set it forth particularly;) and whereas the said Isaac Rattler was forthwith called upon by me and required to answer for the said contempt, and show cause why he should not be convicted thereof, but did not make any defence nor show any cause why he should not be convicted, nor make any apology for his said conduct:

Therefore, I, the said justice, do hereby convict the said Isaac Rattler of the said contempt, and adjudge and determine that he pay a fine of five dollars, and that he be committed to the common jail of said county, until he pay the said fine, or until he shall be discharged by due course of law. In witness whereof I have hereunto set my hand and seal, this day of Jabez Fitch. [L. S.]

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Form of commitment for a fine.

State of Illinois,

La Salle county, § ss. The people of the state of Illinois to any constable of the said county, and to the keeper of the common jail of the said county:

Whereas, on this

day of

18

while Jabez Fitch, Esquire, one of the justices of the peace of the said County, was engaged in the trial of a cause between A. B., plaintiff and C. D., defendant, at his office in Ottawa, in the said county, Isaac Rattler did, wilfully and contemptuously, [interrupt the proceedings in said cause by making a great disturbance, and being ordered by said justice to cease, refused so to do, and said that he did not regard him, nor his authority.] And whereas, the said Isaac Rattler was forthwith called upon by the said justice, and required to answer for the said contempt, and show cause why he should not be convicted

thereof, but did not make any defence, nor show any cause why he should not be convicted, nor make any apology for his said conduct; and whereas, the said justice did, thereupon, convict the said Isaac Rattler of the said contempt, and adjudge and determine that he pay a fine of five dollars, and that he be committed to the common jail of the said county, until he pay the said fine, or until he be discharged by due course of law:

We, therefore, command you, the said constable, to take the said Isaac Rattler, and deliver him to the keeper of the common jail of the said county, together with this warrant; and you, the said keeper, are hereby required to receive him into your custody in the said jail, and him there safely keep until he pay the said fine, or until he shall be discharged by due course of law. Hereof fail not at your peril.

Given under the hand and seal of the said justice, this day of Jabez Fitch, [L. S.]

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CHAPTER VII.

OF THE ACKNOWLEDGMENT AND PROOFS OF DEEDS AND OTHER INSTRUMENTS.

By section 9 of "An act concerning conveyance of real property," it is provided that "Every deed, grant, bargain, conveyance, mortgage, defeasance, bond, covenant, or other writing of, and concerning any lands, tenements, hereditaments, or real estate, within this state, whereby the same may be affected in law or equity, (may, in order to entitle any of the before enumerated writings to be recorded,) be acknowledged by the party or parties executing the same in proper person, or by his, her, or their lawful attorney, authorized by power in writing for that purpose specially, or proved by one or more of the subscribing witnesses thereto, before one of the judges of the supreme or circuit court of this state, or before one of the clerks of the circuit court, and certified by such clerk, under the seal of the said court, or before one of the justices of the peace of the county where the land intended to be affected or conveyed shall lie; but where the party or parties executing such writing live or be out of this state, the same may be acknowledged before one of the judges of the supreme or district court of the United States or of the

superior courts in any of the United States or territories, or before any clerk of any court of record, in any of the United States or their territories, and certified by such clerk under the seal of the court.

"SEC. 10. All acknowledgments and proofs of any deeds, conveyances or writings made as aforesaid, by persons, being or residing out of the United States at the time of the execu tion thereof, for the conveyance of any lands in this state taken or made before the mayor or chief officer of any city in the kingdom or government, where the party or parties executing the same may reside or be, and duly certified under the seal of office of the said mayor or principal officer, shall be of like force and validity; and entitle the same to be recorded, as if the same were acknowledged in the manner prescribed in the preceding section of this act." Gale's Stat., 150.

By sec. 1 of "An act to amend" the act aforesaid, passed the 22d of January, 1829, it is provided "That all deeds and conveyances of lands lying within this state, may be acknowledged or proved before either of the following named officers, to wit: any judge or justice of the supreme or district court of the United States; any commissioner to take acknowledgments of deeds; any judge or justice of the supreme, superior, or circuit court, of any of the United States, or their territories; any clerk of a court of record; mayor of a city; or notary public; but when such proof or acknowledgment is made before a clerk, mayor, or notary public, it shall be certified by such officer, under his seal of oflice. Such proofs and acknowledgments may also be made before any justice of the peace; but if such justice of the peace reside out of this state, there shall be added to the deed a certificate of the proper clerk, 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. If such justice of the peace reside within this state, the certificate of the clerk of the county commissioners' court, of the proper county, under his seal of office, that the person taking such proof, or acknowledgment, was a justice of the peace at the time of taking the same, shall be deemed sufficient evidence of that fact. If such justice reside within the county, where the lands conveyed are situate, no such certificate shall be required. All deeds and conveyances which have been, or may be, acknowledged or proved in the manner prescribed in this section, shall be deemed as good and valid in law, as if the same had been acknowledged or proved in the manner prescribed in the ninth section of the act to which this is an amendment." Gale's Stat., 155.

By "An act relating to the recording or registering of conveyances or other instruments in writing, executed out of this state, and within the United States," it is provided “That all deeds, mortgages, conveyances, powers of attorney, or other

instruments in writing, of, or concerning any lands, or real estate within this state, which have or may hereafter be made and executed without this state, and within the United States, and which may hereafter be acknowledged or proved in conformity with the laws and usage of the state, territory or district, in which any of such conveyances or instruments have been, or shall hereafter be made and executed, shall be recorded or registered in the respective counties in this state, in which the lands, tenements or hereditaments, affected by any such conveyances or instruments, may be situate; and all conveyances or instruments thus acknowledged or proved, are hereby declared effectual and valid in law, to all intents and purposes, as though the same acknowledgments had been taken or proof of execution made, within this state, and in pursuance of the laws thereof; Provided, That the clerk of any court of record within such state, territory or district, shall, under his hand and the seal of such court, certify that such instrument is acknowledged or proved in conformity with the laws of the state, territory or district in which it is so acknowledged or proved, and all deeds, mortgages, conveyances, powers of attorney or other instruments in writing, of, or concerning any lands or real estate within this state, which have been heretofore recorded in the respective counties in which the lands or real estate, described in, or affected by such deeds, mortgages, conveyances, powers of attorney, or other instruments in writing, is situate, are hereby enacted and declared to be good and effectual, as notices to subsequent purchasers or mortgagees." Sess. Laws of 1841, 66.

By sec. 11 of "An act concerning conveyances of real property," it is further provided that "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 witnesses are deceased, or cannot be had, the judge or officer, as aforesaid, may take proof of the hand writing 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 hand writing 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 hand writing 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, the judge or officer shall grant a certificate thereof, stating the proof aforesaid.

"SEC. 12. It shall and may be lawful for any married woman to release her right of dower, of, in, and to any lands and tenements, whereof her husband may be possessed or seized, by any legal or equitable title during coverture, by joining such husband in the deed or conveyance, for the conveying of such lands and tenements, and appearing and acknowledg ing the same before any judge or other officer authorized to take acknowledgments by this act; and it shall be the duty of such judge or other officer, if such woman be not personally known to him, to be the person who subscribed such deed or conveyance, to ascertain the same by the testimony, of at least one competent and credible witness; and upon being satisfied of that fact, shall acquaint such woman with the contents of the deed or conveyance, and shall examine her separate and apart from her husband, whether she executed the same, and relinquished her dower to the lands and tenements therein mentioned, voluntarily, freely, and without compulsion of her said husband; and if she acknowledge that she executed the same, and relinquishes her dower in the lands and tenements therein mentioned voluntarily and freely and without the compulsion of her husband, such judge or other officer shall grant a certificate, to be endorsed on, or annexed to such deed, stating that such woman was personally known to him, or was proved by a witness, (naming him,) to be the person who subscribed such deed or writing; and that she was made acquainted with the contents thereof, and was examined, and acknowledged such deed as aforesaid; which, being recorded, together with the deed, duly executed and acknowledged by the husband according to law, shall be sufficient to discharge