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AN ACT to revise the law in relation to weights and measures. [Approved February 27, 1874. In force

July 1, 1874.]

1. STANDARD.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the weights and measures received from the the United States, and now in charge of the secretary of state, to wit: one yard measure, one half bushel, one wine gallon, one wine quart, one wine pint, one wine half pint, one set of avoirdupoise weights, consisting of fifty, twenty-five, twenty, ten, five, four, three, two and one pounds, and from eight ounces down to one drachm; one set of troy weights, from five thousand pennyweights down to half a grain, and from one pound down to the ten-thousandth part of an ounce, together with the three sets of balances, when received from the United States, shall be and remain, and be used as the sole authorized public standard of weights and measures. [R. S. 1845, p. 532, § 1.

2. TO BE KEPT BY STATE SEALER.] § 2. Such weights, measures and balances as may be procured, from time to time, to replace those before mentioned, shall be preserved in the same form, and of the same dimensions, the denominations of the weights and measures being marked thereon, respectively; and they shall be sealed with the seal which is kept for that purpose by the state sealer. 3. HEAPED MEASURE.] § 3. All commodities sold by heaped measure, shall be duly heaped up in the form of a cone, the outside of the measure by which the same shall be measured to be the limit of the base of such cone, and such cone to be as high as the article to be measured will admit. [R. S. 1845, p. 532, § 2.

4. MEASURES NOT HEAPED.] § 4. The measures used for measuring dry commodities, not heaped, shall be stricken with a straight stick or roller, and of the same diameter from end to end. [R. S. 1845, p. 532, § 3.

5. HUNDRED WEIGHT-TON.] § 5. The hundred weight shall consist of one hundred pounds, and twenty such hundred weights shall constitute a ton. [R. S. 1845, p. 532, § 5.

6.

CONTRACTS MUST BE ACCORDING TO STANDARD.] 6. Contracts hereafter to be executed, made within this state, for any work to be done, or for any thing to be sold, delivered, done or agreed for, by weight or measure, shall be taken and construed to be made according to the standard weight and measure thus ascertained. [R. S. 1845, p. 532, § 4.

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7. WEIGHT PER BUSHEL.] § 7. Whenever any of the following articles shall be contracted for, or sold or delivered, and no special contract or agreement shall be made to the contrary, the weight per bushel shall be as follows, to-wit:

Stone coal...

Corn in the ear.

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8. PENALTY. § 8. Whoever, in buying any of the articles of property mentioned in the preceding section, shall take any greater number of pounds thereof to the bushel, or, in selling any of said articles, shall give any less number of pounds thereof to the bushel than is allowed by said section, with intent to gain an advantage thereby, except where expressly authorized so to do by special contract or agreement to that effect, shall be liable to the party injured in double the amount of the property so wrongfully taken or not given, and $10 in addition thereto, to be recovered in any form of action, in any court of competent jurisdiction.

9. STATE SEALER-HIS DUTIES.] § 9. The secretary of state shall be, exofficio, state sealer of weights and measures, and shall have the care and custody of the authorized public standards of weights and measures. He shall try and prove, by such standards, all weights and measures, scales and beams which may belong to any county, and be sent or brought to him for that purpose by the county sealer, and shall seal such, when found to be accurate, by stamping on them the letter "I," with a seal which he shall have and keep for that purpose. [R. S. 1845, p. 533, § 9, 14.

10. COUNTY SEALER-STANDARDS PROCURED.] § 10. The county clerk of each county shall be the sealer of weights and measures for the county, and shall have the care and custody of the county standards. He shall procure, at the expense of the county, when authorized by the county board, and not already provided, a full set of weights and measures, scales and beams, which he shall cause to be tried, proved and sealed by the state standards, under the direction of the secretary of state. [R. S. 1845, p. 532, § 8; p. 533, § 14.

11. DUTY OF COUNTY SEALER.] § 11. The several county sealers shall try and prove all weights and measures, scales and beams, when requested so to do; and when the same are found or made to conform to the legal standards, they shall seal and mark such weights and measures, with a seal to be kept by them for that purpose. [R. S. 1845, p. 533, § 10.

12. FEES.] § 12. The secretary of state and each county sealer shall be entitled to receive for his services, at and after the following rates: For sealing and marking every beam, ten cents; for sealing and marking measures of extension, at the rate of ten cents per yard, not to exceed fifty cents for any one measure; for sealing and marking every weight, two cents; for sealing and marking liquid and dry measures, if the same be of the capacity of a gallon or more, ten cents, or less than a gallon five cents. They shall also be entitled to a reasonable compensation for making such weights and measures conform to the standard established by this act. [R. S. 1845, p. 533, § 12.

13. PENALTY FOR NEGLECT OF COUNTY SEALER.] § 13. Every county clerk who neglects to have the standards under his charge compared and sealed as required by this act, or neglects to keep the same in good order and repair, or who suffers any of them, through his neglect, to be lost, damaged or destroyed, shall forfeit to the county not less than 50 nor more than $200, to be recovered before any justice of the peace of the county. [R. S. 1845, p. 533, § 11.

14. PENALTY FOR USING WEIGHTS, ETC., THAT DO NOT CONFORM.] § 14. Whoever sells by any other weights, measures, scales, beams or balances than such as conform to such standards, shall forfeit a sum not exceeding $20 for each offense, and when by the custom of trade they are provided by the buyer, if he purchases by any other weights, measures, scales, beams or balances, he shall be subject to a like penalty, to be recovered before a justice of the peace in the name and for the use of the person complaining. [See "Crim. Code," ch. 38, § 101. R. S. 1845, p. 533, § 13.

SECTION

1.

Who may devise property.

CHAPTER 148.

WILLS.

SECTION

11. Place of probate.

2. Will to be in writing and signed-witness-probate. 12. Custodian of will to deliver-penalty.

3. Witness to appear for probate-penalty.

4. Non-resident witness-dedimus potestatem.

13. Evidence in case of appeals.
14. Appeals-trial de novo.

15. Nuncupative will.

17. Manner of revoking will.

5. County judge-witness.

6.

7.

Proof of handwriting of deceased witness.
Will contested.

16.

Citation and notice to heirs, etc.

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8. Devise, etc., to witness void.

10. Foreign wills admitted to probate

1.

AN ACT in regard to wills. [Approved March 20, 1872. In force July 1, 1872. L. 1871-2, p. 775.]

WHO MAY DEVISE PROPERTY.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That every male person of the age of twenty-one years, and every female of the age of eighteen years, being of sound mind and memory, shall have power to devise all the estate, right, title and interest, in possession, reversion or remainder, which he or she hath, or at the time of his or her death shall have, of, in and to any lands, tenements, hereditaments, annuities or rents, charged upon or issuing out of them, or goods and chattels, and personal estate of every description whatsoever, by will or testament. [R. S. 1845, p. 536, § 1.

2. WILL TO BE IN WRITING AND SIGNED-WITNESS-PROBATE.] § 2. All wills, testaments and codicils, by which any lands, tenements, hereditaments, annuities, rents or goods and chattels are devised, shall be reduced to writing, and signed by the testator or testatrix, or by some person in his or her presence, and by his or her direction, and attested in the presence of the testator or testatrix, by two or more credible witnesses, two of whom, declaring on oath or affirmation, before the county court of the proper county, that they were present and saw the testator or testatrix sign said will, testament or codicil, in their presence, or acknowledged the same to be his or her act and deed, and that they believed the testator or testatrix to be of sound mind and memory at the time of signing or acknowledging the same, shall be sufficient proof of the execution of said will, testament or codicil, to admit the same to record: Provided, that no proof of fraud, compulsion or other improper conduct be exhibited, which, in the opinion of said county court, shall be deemed sufficient to invalidate or destroy the same; and every will, testament or codicil, when thus proven to the satisfaction of the court, shall, together with the probate thereof, be recorded by the clerk of said court, in a book to be provided by him for that purpose, and shall be good and available in law for the granting, conveying and assuring the lands, tenements and hereditaments, annuities, rents, goods and chattels therein and thereby devised, granted and bequeathed. [R. S. 1845, p. 536, § 2.

3. WITNESS TO APPEAR FOR PROBATE-PENALTY.] §3. It shall be the duty of each and every witness to any will, testament or codicil, made and executed in this state, as aforesaid, to be and appear before the county court on the regular day for the probate of such will, testament or codicil, to testify of and concerning the execution and validity of the same; and the said court shall have

power and authority to attach and punish, by fine and imprisonment, or either, any witness who shall, without a reasonable excuse, fail to appear when duly summoned for the purpose aforesaid: Provided, the said punishment by impris onment shall in no case exceed the space of twenty days; nor shall a greater fine be assessed, for any such default, than the sum of $50. [R. S. 1845, p. 537, § 3.

4. NON-RESIDENT WITNESS-DEDIMUS POTESTATEM.] § 4. When any will, testament or codicil shall be produced to the county court for probate of the same, and any witness attesting such will, testament or codicil shall reside without the limits of this state, or the county in which such will, testament or codicil is produced for probate, or shall be unable to attend said court, it shall be lawful for the county court to issue a dedimus potestatem, or commission, annexed to such will, testament or codicil, directed to some judge, justice of the peace, mayor or other chief magistrate of the city, town, corporation or county where such witness may be found, authorizing the taking and certifying of his or her attestation in due form of law. And if the person to whom any such commission shall be directed, shall certify, in the manner that such acts are usually authenticated, that the witness personally appeared before him, and made oath or affirmation that the testator or testatrix signed and published the writing annexed to such commission, or acknowledge the execution thereof as his or her last will and tes tament, or that some other person signed the testator's name by his or her direc tion, that he or she was of sound mind and memory, and that said witness subscribed his or her name as a witness thereto, in the presence of the testator or testatrix, and at his or her request, such oath or affirmation shall have the same operation, and the will shall be admitted to probate in like manner, as if such oath or affirmation had been made in the court from whence such commission issued. [R. S. 1845, p. 537, § 4; L. 1859, p. 214, § 1.

5. COUNTY JUDGE WITNESS.] § 5. In all cases where a county judge, or such other person as may be authorized by law to grant probate of wills and testa ments, may and shall have become a witness to any will or testament which is required by law to be proved before him as such county judge or person author. ized to grant probate, as aforesaid, and the testimony of such witness is necessary to the proof of the same, then, and in such case, it shall be his duty to go before the circuit court of the county in which such will is to be admitted to record, and make proof of the execution of the same, in the same manner that probate of wills is required to be made in other cases. And it shall be the duty of the clerk of the circuit court aforesaid, forthwith to certify such will, proven as aforesaid, to the county court of the county; and said will shall, thereupon, have the same force and effect that it would have had if it had been proven by one credible witness before the county court; and if there are other witnesses to said will, the county court shall take their evidence in support of said will, as in other cases. [R. S. 1845, p. 537, § 5.

6. PROOF OF HANDWRITING OF DECEASED WITNESS.] § 6. In all cases where any one or more of the witnesses to any will, testament or codicil, as aforesaid, shall die or remove to parts unknown to the parties concerned, so that his or her testimony cannot be procured, it shall be lawful for the county court, or other court having jurisdiction of the subject matter, to admit proof of the handwri ting of any such deceased or absent witness, as aforesaid, and such other secon dary evidence as is admissible in courts of justice to establish written contracts generally, in similar cases; and may thereupon proceed to record the same, as though such will, testament or codicil had been proved by such subscribing witness or witnesses, in his, her or their proper persons. [R. S. 1845, p. 538, § 7.

7. WILL CONTESTED.] § 7. When any will, testament or codicil shall be exhibited in the county court for probate thereof, as aforesaid, it shall be the duty of the court to receive probate of the same without delay, and to grant letters testamentary thereon to the person or persons entitled; and to do all other needful acts to enable the parties concerned to make settlement of the estate at as early a day as shall be consistent with the rights of the respective persons inter

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