The general assembly may require that two jus tices, to be chosen by the qualified electors of each county, shall sit with the county judge in all eases. A oleik of the county court is elected quadrennially in each county, who is ex-officio recorder. The general assembly may, by law, make the clerk of the circuit court ex-officio recorder is lieu of the county clerk.
Justices of the peace are to be elected in sufficient number is such districts as the general assembly may direct, by the qualified electors thereof, for the term of four years, and until their successors shall have been elected and qualified.
Jurisprudence.
7. In 1807 the Indiana territory passed an act adopting the commua law of England, all statutes or acts of the British parliament made in aid of the common law prior to the fourth year of the reign of King James the First, excepting stet. 43 Eliz. c. 6, see. 2,13 Eliz. c. 8, and 37 Hen. VIII. c. 9, and which are of a general nature and not local to that king dom. This statute was adopted by the Illinois ter ritory, and remains in full force in the state, and the common law and general statutes of England as adopted are still in force, except so far as modified or repealed since; and all the judicial decisions in the state are to be understood as made under this system of jurisprudence. 13 Ill. 609.
Taxation is to be made on a property basis, ex cept in certain specified eases, including merchants, brokers, auctioneers. See 4 Ill. 130; 5 id. 304; 12 id. 140; 13 id. 557. No person can be imprisoned for debt, unless in case of fraud, or refusal to deliver up property for the benefit of creditors. 12 Ill. 61 ; 13 id. 664; 14 id. 415; 15 id. 361; 16 id. 347; 20 id. 291. The property of absconding, con cealed, or non-resident debtors may be taken under a process provided for that purpose, as may effects and credits in the hands of third persons due such debtors. 11 Ill. 448; 12 id. 487 ; 13 id. 398; 14 id. 414 ; 19 id. 608; 20 id. 155; 21 id. 104 ; 22 id. 253. Property of a decedent is liable for his debts, except a small allowance to the widow. 12 Ill. 142; 17 id. 135; 18 id. 116; 19 id. 113. Conveyances of land in adverse possession are good. Scrolls answer for seals. After acquired, estates pass by grantor's deed.
Conveyances. The words "grant," "bargain," "sell," constitute a covenant that the grantor was seized of an indefeasible estate in fee-simple, free from incumbrances done or suffered from the grantor except the rents and services that may be reserved ; also for quiet enjoyment against the grantor, his heirs and assigns, unless limited by express words.
A fee-simple shall be intended if a less estate be not limited by express words, or do not appear to have been granted, conveyed, or devised by construction or operation of law. 3 Ill. 316, 373; 5 id. 117, 252, 465; 11 id. 486; 14 id. 304; 15 id. 135.
S. The real estate of the wife may be conveyed by her joining in the deed, and her acknowledgment before a proper officer, to whom she is known, or proved by a credible witness to be the same, who shall make her acqnainted with, and explain to her the contents of, such deed, and examine her sepa rately and apart from her husband, as to whether she executed the same voluntarily, freely, and with out compulsion of the said husband, and if she so acknowledge its execution, and that she does not wish to retract, the officer shall grant a certificate to that effect upon the deed. 3 III. 307, 316, 334, 372, 553; 5 id. 11; 11 id. 321, 344, 402, 416: 12 id. 276; 14 id. 256; 15 id. 123, 329 ; 19 id. 395, 399, The same acts are necessary to bar her of her right of dower, both as to joining in the deed and the substance and form of acknowledgment. Deeds may be acknowledged or proved before any judge or justice of the supreme or district court of the United States ; any commissioner to take acknow ledgment of deeds; any judge or juetice.of ,the su preme 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 made before a clerk, mayor, or notary public. it shall be certified by such officer under his seal of office. The officer taking such acknowledgment must certify that the person offering to make such acknowledg ment is personally known to him to be the real person whose name is subscribed to the deed as having executed the same, or that he was proved to be such by credible witness.
Wills must be in writing, signed by the testator, or by some one in his presence and by hie direc tion, and attested by two credible witnesses. In terest is to be at six per cent.; but any other rate up to ten may be specified for: The creditor can re cover only the principal if a greater rate is specified for. Coe tracts made in Illinois, payable in another state, are governed by Illinois rules as to interest. 9 III. 521 ; 17 id. 321.
A homestead is exempted from forced sale to the amount of one thousand dollars in value. See 21 III. 40, 178.