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16. REMOVAL FROM HOMESTEAD-CUSTODY OF CHILDREN.] §16. Neither the husband nor wife can remove the other or their children from their homestead without the consent of the other, unless the owner of the property shall, in good faith, provide another homestead suitable to the condition in life of the family; and if he abandons her, she is entitled to the custody of their minor children, unless a court of competent jurisdiction, upon application for that purpose, shall otherwise direct.

17. INSANITY-CONVEYANCES-PETITIONS.] § 17. When the husband or wife is insane, and shall have been insane continuously for a period of not less than one year, and therefore incapable of executing a deed or mortgage, and relinquishing or conveying his or her right to curtesy, dower or homestead in the real property of the other, the same person may present his or her petition to any court having general chancery jurisdiction in the county where such petitioner resides, or where the real estate to be affected is situated, setting forth the facts, and particularly describing the real estate sought to be conveyed or mortgaged, and praying for an order authorizing the applicant, or some other person, to execute a deed of conveyance or mortgage for such insane person, and thereby relinquish his or her right of curtesy, dower or homestead in said real estate.

18. OATH-NOTICE-PROCEEDINGS.] § 18. The petition shall be verified by the oath of the petitioner, and shall be filed in the office of the clerk of the proper court. Notice of the filing of such petition shall be given to such insane person as is required to be given to defendants in chancery, by service of summons or by publication. The court shall appoint some discreet person or attorney guardian for the person alleged to be insane, who shall ascertain as to the propriety, good faith and necessity of the petition, and shall have power to resist such ap plication, and subpena witnesses and take depositions to disprove any of the matters in the petition, or show the impropriety of granting the same.

19. DECREE.] § 19. If the court is satisfied upon the hearing that the petition was made in good faith, and the prayer thereof ought to be granted, then the court shall enter a decree granting such prayer, and authorizing some discreet and proper person to make, execute, acknowledge and deliver jointly with said petitioner all such conveyances or mortgages, and of such parcels of land as shall in said decree be specified.

20. INSANE PERSONS' RIGHTS SECURED.] § 20. The court shall require of the petitioner, at the time, and as one of the conditions of granting said decree, such security for the protection of the interests, and for the proper support of such insane person, as the court shall deem satisfactory, and may from time to time renew or change the same, or require additional security. Such security shall be deposited with the clerk of the court, and suits may be maintained thereon for the benefit of such insane person in any court of competent jurisdiction; or the court shall order such portion of the money received from the sale of such property as the court shall deem equitable and just, to be set apart in such manner as the court shall direct, for the use and benefit of such insane person; and such sum, so set apart, shall be and remain subject to the control and order of the

court.

21. EFFECT OF CONVEYANCES.] § 21. All deeds of conveyance or mortgages authorized by and executed under the order of any court, made as herein before provided, shall be valid in law and equity, and shall convey all the curtesy, dower or homestead interest of such insane person in and to the real estate so conveyed or mortgaged, as fully as if such person had been sane, and executed and acknowledged the same in due form of law.

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AN ACT to revise the law in relation to injunction. [Approved March 25, 1874. In force July 1, 1874.] 1. WHO MAY GRANT.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the superior court of Cook county, and and the circuit courts in term time, and any judge thereof in vacation, shall have power to grant writs of injunction. [See "Courts," ch. 37, § 45. R. S. 1845, p. 382, § 8.

2. WHEN MASTER MAY GRANT.] § 2. When no judge authorized to grant writs of injunction is present in the county, or being present, is unable or incapacitated to act, a master in chancery in such county may order the issuing of such writ. [R. S. 1845, p. 99, § 50.

3. NOTICE OF APPLICATION.] § 3. No court, judge or master shall grant an injunction without previous notice of the time and place of the application having been given to the defendants to be affected thereby, or such of them as can conveniently be served, unless it shall appear, from the bill or affidavit accompa nying the same, that the rights of the complainant will be unduly prejudiced if the injunction is not issued immediately or without such notice.

4. TO STAY SUIT OR JUDGMENT.] § 4. When an injunction shall be granted to stay a suit or judgment at law, the proceeding shall be had in the county where the judgment was obtained, or the suit is pending; but the writ may be sent in the first instance into any county in this state where the defendant resides. [R. S. 1845, p. 382, § 10.

5. RELEASE OF ERRORS.] § 5. Every injunction, when granted, shall ope. rate as a release of all errors in the proceedings at law that are prayed to be enjoined. [R. S. 1845, p. 382, § 11.

6. JUSTICE' JUDGMENT.] § 6. No writ of injunction shall be granted to stay proceedings under a judgment obtained before a justice of the peace for a sum not exceeding $20, besides the costs. [R. S. 1845, p. 382, § 8.

7. WHAT PART OF JUDGMENT MAY BE ENJOINED.] § 7. Only so much of any judgment at law shall be enjoined as the complainant shall show himself equitably not bound to pay, and so much as shall be sufficient to cover costs. [R. S. 1845, p. 382, § 11.

8. BOND WHEN JUDGMENT ENJOINED-DAMAGES.] 8 8. Before an injunction shall issue to enjoin a judgment, the complainant shall give bond to the plaintiff

therein, in double the amount of such judgment, with sufficient surety approved by the court, judge or master, conditioned for the payment of all moneys and costs due to the plaintiff in the judgment, and such damages as may be awarded against the complainant in case the injunction is dissolved. If the injunction be dissolved in the whole or in part, the complainant shall pay, exclusive of legal interest and costs, such damages as the court shall award, not exceeding ten per centum, on such part as may be released from the injunction. [R. S. 1845, p. 382, § 11.

9. BOND IN OTHER CASES.] $ 9. In all other cases, before an injunction shall issue, the complainant shall give bond in such penalty, and upon such condition and with such security as may be required by the court, judge or master granting or ordering the injunction: Provided, bond need not be required when, for good cause shown, the court, judge or master is of opinion that the injunction ought to be granted without bond.

10. WHO MAY TAKE BOND.] § 10. The bond in any case may be entered into before the clerk of the court from which the writ is to be issued-the court, judge or master granting or ordering the injunction having first approved the se curity -or it may be entered into before such court, judge or master. [R. S. 1845, p. 382, § 11.

11. BOND TO BE FILED.] § 11. All bonds required by this act shall be filed with the clerk of the court to which the writ is returnable, before such writ shall issue.

12. ASSESSING DAMAGES—SUIT ON BOND.] § 12. In all cases where an injunction is dissolved by any court of chancery in this state, the court, after dissolving such injunction, and before finally disposing of the suit, upon the party claiming damages by reason of such injunction suggesting, in writing, the nature and amount thereof, shall hear evidence and assess such damages as the nature of the case may require, and to equity appertain, to the party damnified by such injunction, and may award execution to collect the same: Provided, a failure so to assess damages shall not operate as a bar to an action upon the injunction bond. [L. 1861, p. 133, § 1.

13. VIOLATING INJUNCTION.] § 13. Upon satisfactory proof being made in vacation that an injunction has been violated, the judge granting the same, or the judge of the court from which the writ was issued, may issue au attachment and cause the party violating the injunction to be brought before him. Upon his be ing brought before the said judge, unless he shall disprove or purge the said contempt, the said judge may, in his discretion, commit him to jail until the sitting of the court in which the said injunction is pending, or take bail for his appearance in the said court at the next term thereof, to answer for the said contempt, and to abide the order of the court thereon. [R. S. 1845, p. 383, § 12.

14. MOTION TO DISSOLVE OR MODIFY IN VACATION.] § 14. A defendant may move to dissolve or modify an injunction in vacation, either for want of equity in the bill or upon the coming in of the answer, and the judge of the court from which the injunction was issued may hear and determine the motion upon five days' notice of the hearing having been given to the complainant or his solicitor. [See "Courts," ch. 37, § 49.

15. MOTION TO DISSOLVE AT ANY TIME.] § 15. A motion to dissolve an injunction may be made at any time upon answer, or for want of equity on the face of the bill.

16. MOTION TO DISSOLVE EVIDENCE.] § 16. Upon a motion to dissolve an injunction after answer, the court shall not be bound to take the answer as absolutely true, but shall decide the motion upon the weight of the testimony. [R. S. 1845, p. 383, § 13.

17. AFFIDAVITS.] § 17. The complainant may support his bill and the defendant may support his answer by affidavits filed with the same, which may be read in evidence on the hearing of the motion to dissolve the injunction. [R. S. 1815, p. 383, § 13.

18. CONTINUANCE FOR TESTIMONY TO SUPPORT BILL.] § 18. If, after a motion is made to dissolve an injunction, the complainant in the bill will satisfy the court, by his own affidavit or that of any disinterested person, that the answer or any material part thereof (to be specified in such affidavit) is untrue, and that he has testimony which will disprove the answer, or such material part thereof, which he can produce at the next term of the court or at an earlier day, and that he has had no opportunity to procure such testimony since the coming in of the answer, the court may grant a continuance of such motion until the next term, or until such testimony can be procured. [R. S. 1845, p. 383, § 13.

19. TESTIMONY TO BE BY DEPOSITION.] § 19. The testimony of witnesses to be used upon such motion, except such as may be contained in the affidavits filed with the bill or answer, shall be depositions in writing, which shall be taken in the same manner as other testimony in cases in chancery. [R. S. 1845, p. 383, § 13. 20. DEPOSITIONS READ IN FINAL HEARING.] § 20. Depositions taken upon a motion to dissolve an injunction may be read in the final hearing of the cause. [R. S. 1845, p. 383, § 13.

21. EFFECT OF APPEAL IN INJUNCTION.] § 21. No appeal from a decree dissolving an injunction shall have the effect to continue in force the injunction unless the appeal is prayed at the entering of such decree, and the court allowing the same shall so order, or unless the party praying the appeal shall, within ten days after the appeal is allowed, procure from the supreme court, if in ses sion, or a judge thereof if in vacation, an order directing that the appeal shall have the effect to continue such injunction in force; and no such order shall be granted except for good cause appearing in the record, nor when the bill is dismissed by the complainant. The supreme court, or a judge thereof, may for good cause extend the time for procuring such order.

22. FURTHER BOND.] § 22. The court or judge granting the order for the continuance in force of any such injunction may require, as a condition of granting the same, such further bond and security, to be filed with the clerk of the supreme court, as may be deemed equitable.

23. INJUNCTIONS ON SUNDAY.] § 23. When an application shall be made on a Sunday for a writ of injunction, and there shall be filed with the bill an affidavit of the complainant, or his, her or their agent or attorney, stating that the benefits of an injunction will be lost or endangered, or irremediable damage occasioned unless such writ be immediately issued, and giving the reasons for such statement, then it shall be lawful for any officer who is authorized by the law of this state to grant writs of injunction, if it appears to him from such affidavit that the benefits of an injunction will be lost or endangered, or irremediable damage occasioned unless such writ be immediately issued, and if the complainant otherwise be entitled to such writ under the law, to grant a writ of injunc tion on a Sunday; and it shall be lawful for the clerk to issue, and for the sheriff or coroner to serve such writ of injunction on a Sunday as on any other day, and all affidavits and bonds made and proceedings had in such case shall have the same force and effect as if made or had on any other day.

SECTION

1. Killing-action survives.

CHAPTER 70.

INJURIES.

2. Action, by whom brought, etc.-limit of damages. 3. Duty of owner of threshing machines, etc.

SECTION

4. Penalty.

5. Act in force when.

AN ACT requiring compensation for causing death by wrongful act, neglect or default. [Approved Feb. 12, 1853. In force Feb. 12, 1853. L. 1853, p. 97.J

1. KILLING-ACTION SURVIVES.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who or company or corporation which would have been liable if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony. [See "Administration of Estates," ch. 3, § 122; "Miners," ch. 93, § 14.

2. ACTION-BY WHOM BROUGHT, ETC.-LIMIT OF DAMAGES.] § 2. Every such action shall be brought by and in the names of the personal representatives of such deceased person, and the amount recovered in every such action shall be for the exclusive benefit of the widow and next of kin of such deceased person, and shall be distributed to such widow and next of kin, in the proportion provi ded by law in relation to the distribution of personal property left by persons dying intestate; and in every such action the jury may give such damages as they shall deem a fair and just compensation, with reference to the pecuniary injuries resulting from such death to the wife and next of kin of such deceased person, not exceeding the sum of $5.000: Provided, that every such action shall be commenced within two years after the death of such person.

AN ACT to require owners of threshing and other machines to guard against accidents. [Approved March 31, 1869. In force April 1, 1869. L. 1869, p. 254.]

3. DUTY OF OWNER OF MACHINE.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all persons in this state who are or may hereafter own or run any threshing machine, corn sheller, or any other machine which is connected to a horse power by means of tumbling rods or line of shafting, shall cause each and every length or section of such tumbling rod (except the one next the horse power), together with the knuckles or joints and jacks thereof, to be safely boxed or secured while running.

4. PENALTY.] § 2. Any person owning or running any machine, as mentioned in section 1 of this act, without complying with the requirements of the aforesaid section, shall be held liable to the person damaged for any damage which may be sustained by such person by reason of such neglect, and no action shall be maintained nor shall any legal liability exist for services rendered by or with any such machine, when it shall be made to appear that the first section of this act has not been complied with.

5. WHEN ACT IN FORCE.] § 3. This act shall be in force from and after the first day of April next.

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