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individuals described in and who executed the within deed, by the oath of E. F., of Dayton, in the said county, a competent and credible witness, for that purpose by me duly sworn; and C. D., wife of the said A. B., personally known to me to be one of the individuals described in and who executed the within deed; that the said A. B. acknowledged to me that he had executed the said deed; and that the said C. D., wife of the said A. B., after I had made her acquainted with and explained to her the contents of the said deed, on an examination separate and apart from her said husband, acknowledged the said deed to be her act and deed, and that she executed the same voluntarily and freely, and without the compulsion of her said husband; and that she does not wish to retract.

John Stadden.

By three persons, two known to the justice and one iden

tified.

Be it remembered, that on this

State of Illinois, La Salle county, ss. day of 18 before me, the subscriber, one of the justices of the peace in and for the said county, appeared A. B. and C. D., to me personally known to be two of the individuls described in and who executed the within deed; and E. F., to me satisfactorily proved to be one of the individuals described in and who executed the within deed, by the oath of G. H., of Dayton, in said county, a competent and credible witness, for that purpose by me duly sworn; and the said A. B., C. D., and E. F. severally acknowledged to me that they had executed the same. John Stadden.

By an attorney known to the justice.

State of Illinois,

La Salle county, ss. Be it remembered, that, on the day of 18 before me, the subscriber, one of the justices of the peace in and for the said county, appeared C. D., to me personally known to be the individual described in and who executed the within deed, as the act and deed of A. B., therein described as grantor by virtue of a power of attorney duly executed to him by the said A. B., bearing date the 18 and recorded in the recorder's office of La Salle county, and acknowledged to me that he had executed the said deed as the act and deed of the said A. B.

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Jnoh Stadden.

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justices of the peace in and for the said county, personally appeared C. D., to me satisfactorily proved to be the individual described in and who executed the within deed, as the act and deed of A. B., therein described as grantor by virtue of a power of attorney duly executed to him by the said A. B., bearing date the day of and recorded in the recorder's office of La Salle county, by the oath of G. H., of Dayton, in the said county, a competent and credible witness for that purpose by me duly sworn; and acknowledged that he had executed the said deed as the act and deed of the said A. B. John Stadden.

18

FORMS OF PROOF OF DEEDS, &C.

Proof by a subscribing witness known to the justice. State of Illinois,

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La Salle county, ss. Be it remembered, that, on the day of 18 before me, the subscriber, one of the justices of the peace in and for the said county, appeared E. F., of Dayton, in the said county, personally known to me to be the person whose name is subscribed to the within deed, as a subscribing witness of the execution thereof; and being duly sworn, deposed and said, that he is personally acquainted with A. B., whose name appears subscribed to said deed as grantor, and knows him to be the real person who executed the same; and that he subscribed his name as a witness thereto, in the presence and at the request of the said A. B., which to me is satisfactory proof of the due execution of the said deed. John Stadden.

Proof of deed of the husband's estate, by a subscribing witness as to the husband and acknowledgment by the wife, the wife and witness both known to the justice.

State of Illinois,

18

La Salle county, ss. Be it remembered, that, on the day of before me, the subscriber, one of the justices of the peace in and for the said county, appeared E. F., of Dayton, in said county, personally known to me to be the person whose name is subscribed to the within deed as a subscribing witness of the execution thereof, and being duly sworn, deposed and said, that he is personally acquainted with A. B., whose name appears subscribed to the said deed as grantor, and knows him to be the real person who executed the same, and that he subscribed his name as a witness thereto in the presence and at the request of the said A. B., which to me is satisfactory proof of the due execution thereof by the said A. B.; that, at the same time, appeared before me C. D.,

the wife of the said A. B., to me personally known to be one of the persons described in and who executed the within deed; and the said C. D., after having been by me made acquainted with the contents of the said deed, on an examination separate and apart from her said husband, acknowledged that she had executed the same, and relinquished her dower in the lands and tenements therein described voluntarily and freely, and without compulsion of her said husband. John Stadden.

Proof by a subscribing witness, identified by another witness.

State of Illinois,

La Salle county, S ss. Be it remembered, that, on the day of 18 before me, the subscriber, one of the justices of the peace in and for the said county, appeared E. F., of Dayton, in the said county, satisfactorily proved to me to be the individual whose name is subscribed to the within deed as a subscribing witness of the execution thereof, by the path of G. H., of Dayton, in the said county, a competent and credible witness, for that purpose by me duly sworn; that the said E. F., after being duly sworn, deposed and said, that he is personally acquainted with A. B., whose name appears subscribed to the said deed as grantor, and knows him to be the real person who executed the same, and that he subscribed his name as a witness thereto in the presence and at the request of the said A. B., which to me is satisfactory proof of the due execution of the said deed. John Sladden.

Proof of deed of husband's estate by a subscribing witness, as to husband and acknowledgment by the wife, the witness and wife both identified by another witness.

State of Illinois,

La Salle county, ss. Be it remembered, that, on the day of 18 before me, the subscriber, one of the justices of the peace of the said county, personally appeared E. F., of Dayton, in the said county, and C. D., the wife of A. B., the grantor described in the within deed; and it is satisfactorily proved to me that E. F. is the individual whose name is subscribed to the within deed as a subscribing witness of the execution thereof; and that C. D., the wife of the said A. B., is one of the individuals described in and who executed the within deed, by the oath of G. H., of Dayton, in said county, a competent and credible witness, for that purpose by me duly sworn; that the said E. F., after being duly sworn, deposed and said that he is personally acquainted with A. B., whose name appears subscribed to said deed as grantor, and knows him to be the real person who executed the same, and that he subscribed his name as a witnesss thereto, in the

presence and at the request of the said A. B., which to me is satisfactory proof of the due execution thereof by the said A. B.; and that the said C. D., wife of the said A. B., after having been by me made acquainted with the contents of the said deed, on an examination separate and apart from her said husband, acknowledged that she had executed the same, and relinquished her dower in the lands and tenements therein mentioned voluntarily and freely, and without compulsion of her said husband. John Stadden.

Proof where grantor is dead, there being no subscribing witness. State of Illinois,

La Salle county, ss. Be it remembered, that, on the

day of 18 before me, the subscriber, one of the justices of the peace in and for the said county, personally appeared E. F. of Dayton, in the said county, a competent and credible witness, who, being duly sworn and the within deed being shown to him, deposed and said, that he personally knew A. B., the grantor described in the within deed, and that he is now deceased; that he had frequently seen the said A. B. write, and well knew his signature, and that he believes the name of A. B. subscribed to the said deed as a party, was thereto subscribed by the said A. B., which to me is satisfactory proof of the due execution thereof.

John Stadden.

Proof where grantor and subscribing witnesses are all dead,

State of Illinois,

La Salle county, ss. Be it remembered, that, on the day of 18 before me, the subscriber, one of the justices of the peace in and for the said county, personally appeared E. F. of Dayton, in the said county, a competent and credible witness, who, being duly sworn and the within deed shown to him, deposed and said, that he personally knew A. B., the grantor described in the within deed, and that he is now deceased; that he had frequently seen the said A. B. write, and well knew his signature, and that he believes the name of A. B. subscribed to the said deed as a party, was thereto subscribed by the said A. B. And the said E. F. further deposed and said, that he personally knew G. H., whose name is (or "one of the persons whose names are") subscribed to the within deed, as a subscribing witness, and that he is now dead, that he has frequently seen him write and well knew his signature, and that he believes the name of G. H., subscribed to the said deed as a subscribing witness, was thereto subscribed by the said G. H.

(If there is more than one subscribing witness, then state

what follows in brackets, or otherwise, according to the facts.)

[And the said E. F. further deposes and says, that at the time of the date of the said deed he was, and for several years had been, acquainted with one L. M., a miller, who then resided in Dayton, in said county; that the said L. M. died about four years ago, and since the date of the said deed; that he is not acquainted with the signature of the said L. M., and that he knew of no other person of the name of L. M. in Dayton at that time.] All which is satisfactory proof to me of the due execution of the said deed by the said A. B.

Form of certificate by county clerk.

State of Illinois,

John Stadden.

La Salle county, S ss. I, Maurice Murphy, clerk of the county commissioners' court of the said county, do hereby certify that John Stadden, whose name appears signed to the above (or "within") certificate of acknowledgment, (or "proof,") was 18 when the same was taken,

on the

day of

a justice of the peace in and for the said county.

In witness whereof, I have hereunto set my [L. S.] hand and affixed the seal of the said court, this day of

18

Maurice Murphy.

CHAPTER VIII.

OF DISTRESS.

A DISTRESS is the taking of a personal chattel out of the possession of the wrong-doer into the custody of the party injured, to procure satisfaction for the wrong committed. The only cases in which a distress is allowed by law are, 1. For arrears of rent. 2. For beasts trespassing on the lands of another, or, as it is generally expressed, damage feasant. 3. For fines and amercements. I Burn's Justice, 470. 3 Bl. Com., 6.

Distress for rent will here only be considered.

Rent signifies a compensation or return, it being in the nature of an acknowledgment given for the possession of some

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