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.

Duties of before entering

2. Every such commissioner, before performing any duty or exercising any power in or by virtue of his appoint- upon office. ment, 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.

ment, effect of.

3. Such acknowledgment or proof, so taken according Acknowledg 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 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.

Powers of

Their number.

laws repealed.

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.

§ 5. That the governor of 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 ten thousand 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 appointment.

Conflicting § 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.

Instructions.

Forfeiture.

§ 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 herein before 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 five dollars of said party.

§ 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. This act shall take effect and be in force from and

after its passage.

APPROVED February 19, 1869.

ADJUTANT GENERAL.

10, 1869.

AN ACT to repeal certain acts therein named, and to provide for the ap- In force March pointment and prescribe the duties of the adjutant general of the state of Illinois.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That an act entitled "An act to provide for the appointment and desig- Repeal. nate the rank, fix the pay and prescribe the duties of the adjutant general of Illinois," approved February 2d, 1865, and an act entitled "An act to provide for the appointment, fix the pay and prescribe the duties of the chief of ordnance of the state of Illinois," approved February 16th, 1865, be and the same are hereby repealed.

ral-appointment, pay.

$ 2. The governor of this state shall appoint an Adjutant geneadjutant general, with the rank of colonel, who shall keep his office at the capital of the state, and who shall receive for his services a salary of fifteen hundred dollars ($1,500) per annum, and no more.

§ 3. The adjutant general shall perform all the duties Dutles and prlrequired to be performed by the officers mentioned in the vileges.

acts specified in the first section hereof, and he shall also have all the rights, powers and privileges which pertain to said offices mentioned in said acts.

§ 4. Said adjutant general is authorized to appoint a Assistant. man to take charge of the state arsenal and grounds and ordnance; to assist the adjutant general in taking care of the other military property in the adjutant general's charge, who shall receive for his services a sum not exceeding eight hundred dollars per annum, which appointment shall be confirmed by the governor.

§ 5. This act to take effect and be in force from and after its passage.

APPROVED March 10, 1869.

In force April AN ACT to provide for repairs on the state arsenal, and for other purposes therein named.

19, 1869.

for repairs.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the sum Appropriation of twelve hundred and fifty ($1,250) dollars, or so much thereof as may be necessary, is hereby appropriated, to be paid out of any funds in the treasury not otherwise appropriated, for the purpose of repairing roof, cornice, waterpipes, and fitting up of the state arsenal and powder magazine.

Adjutant gene

ral to dispose of unserviceable

arms.

82. That the adjutant general be and is hereby authorized to dispose of all the unserviceable arms, ordnance and ordnance stores, surplus office furniture, worthless books and papers, by public sale, and the amount of sale be turned over to the auditor of public accounts.

3.

This act shall take effect and be in force from and after its passage. APPROVED April 19, 1869.

In force March 29, 1869.

phies not to be loaned.

AN ACT to prevent the loaning of flags and trophies of war.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That no Flags and tro- colors, flags, guidons, guides or trophies of war belonging to the state, shall be loaned or taken from the office of the adjutant general, or other place of deposit designated by law; and it shall be the duty of the adjutant general, or the officer lawfully in charge of the same, to cause such colors, flags, guidons, guides and trophies, now loaned out, to be immediately returned to their place of deposit in the city of Springfield: Provided, that said trophies may be moved from place to place, to secure a more convenient and safe keeping of the same.

2. This act shall take effect and be in force from and after its passage.

APPROVED March 29, 1869.

In force March AN ACT to provide for the distribution of the reports of the adjutant 81, 1869.

general.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the Reports how chairman of the committee on military affairs in the senate

distributed.

and the chairman of the committee on militia in the house of representatives be and they are hereby authorized to procure the packing, boxing and transportation of the reports of the adjutant general, as contemplated by joint resolution adopted February 18th, 1869; and the chairman of said committees shall audit all bills incurred in carrying out the provisions of this act, and shall certify the same to the anditor of public accounts, who shall thereupon draw his Auditor warrant on the treasurer of [the] state for the amount so audited as aforesaid, which warrant shall be paid by the treasurer out of funds not otherwise appropriated.

2. This act shall take effect and be in force from and

after its passage.

APPROVED March 31, 1869.

draw warrant.

ADMINISTRATORS AND EXECUTORS.

to

AN ACT to provide for the disposal of unclaimed moneys in the hands of In force March administrators and executors.

29, 1869.

to deposit un

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That hereafter, when any administrator or executor shall have made Administrator final settlement with the county court, it shall be lawful for claimed moneys the court to order said administrator or executor to deposit with the county treasurer such moneys as he may have, belonging to any non-resident, or unknown heir or claimant, taking his receipt therefor.

moneys.

§ 2. When money shall be deposited as aforesaid, the Disposal person or persons entitled to the same may, at any time, apply to the court making said order and obtain the same, upon making satisfactory proof to the court of his, her or their right thereto.

3. This act shall be in force from and after its passage.

APPROVED March 29, 1869.

of

AN ACT to enable foreign administrators, with the will annexed, to sue in In force March

this state.

29, 1869.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That foreign May bring suit. administrators, with the will annexed, shall have the same.