AN ACT in regard to marks and brands. [Approved March 29, 1872. In force July 1. 1872. L. 1871-2, p. 561.)

1. HOW CATTLE, ETC., MAY BE MARKED RECORD.] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That every person in this state, who hath cattle, horses, hogs, sheep or goats, may have an ear mark and brand, and but one of each, which shall be different from the ear mark and brand of his neighbors; which ear mark and brand may be recorded by the county clerk of the county where such cattle, horses, hogs, sheep or goats shall be. [R. S. 1845, p. 352, § 1.

2. BOOK-RECORD-FEE-EXAMINATION OF BOOK.] § 2. It shall be the duty of the county clerks, in the respective counties of this state, to keep a well bound book, in which they shall record the marks and brands of each individual who may apply to them for that purpose, for which they shall be entitled to demand and receive the sum of fifteen cents; and the book in which the same are recorded shall be open to the examination of every citizen of the county, at all reasonable office hours, free of charge. [R. S. 1845, p. 352, § 2.

3. BOOK PRIMA FACIE EVIDENCE.] § 3. If any dispute shall arise about any ear mark or brand, it shall be decided by reference to the book of marks and brands kept by the county clerk, but such book shall be prima facie evidence only. [R. S. 1845, p. 352, § 3.

4. PURCHASER RE-BRANDING-CERTIFICATE.] § 4. Any person purchasing or acquiring horses, cattle, hogs, sheep or goats, when he brands or marks the same in his brand or mark, after the acquisition of the same, may do it in the presence of one or more of his neighbors, who are authorized to certify to the fact of the marking or branding being done, when done, and in what brand or mark the same were, previously, and in what brand or mark they were re-branded or re-marked. Such certificate shall not be deemed evidence of property in the animal branded, but only prima facie evidence of the facts therein certified to. [R. S. 1845, p. 352, § 4.

[§ 5, repeal, omitted; see "Statutes," ch. 131, § 5.]

AN ACT to revise the law in relation to marriages. [Approved February 27, 1874. În force July 1, 1874.]

1. WHEN ILLEGAL.] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That marriages between parents and chil dren, including grand-parents and grand-children of every degree, between brothers and sisters of the half as well as of the whole blood, and between uncles and nieces, aunts and nephews, are declared to be incestuous and void. This section shall extend to illegitimate as well as legitimate children and relations. [See "Criminal Code," ch. 38, § 156, 157. R. S. 1845, p. 173, § 124.

2. WHO INCAPABLE.] § 2. No insane person or idiot shall be capable of contracting marriage.

3. AGE.] §3. Male persons over the age of seventeen years, and females over the age of fourteen years, may contract and be joined in marriage. [R. S. 1845, p. 353, § 1.

4. WHO MAY CELEBRATE.] § 4. Marriages may be celebrated either by a minister of the gospel in regular standing in the church or society to which he belongs, by a judge of any court of record, or a justice of the peace. [R. S. 1845, p. 353, § 4.

5. RELIGIOUS SOCIETIES, ETC.] 5. All persons belonging to any religious society, church or denomination, may celebrate their marriage according to the rules and principles of such religious society, church or denomination. [R. S. 1845, p. 353, § 3.

6. LICENSE-PUBLICATION.] § 6. Persons intending to be joined in marriage shall, before their marriage, obtain a license from the county clerk of the county where such marriage is to take place, or shall cause their intention to marry to be published, at least two weeks previous to the marriage, in the church or congregation to which the parties or one of them belongs. [R. S. 1845, p. 354, § 9, 10.

7. FORM OF LICENSE.] § 7. The license shall be substantially in the following form:

and state of

ད

Marriage may be celebrated between A B, of in the county of of the age of years, and C D, of ......, in the county of and state of of the age of years, (if the man is under the age of twenty-one years, or the woman under eighteen years of age,) add the following: the father, (or mother, or

......

guardian, as the case may be,) of the said A B and C D), (or A B or C D, as the case may require,) having given his (or her) assent to said marriage. Witness, county clerk, and the seal of said county.

8. EXAMINATION OF PARTIES, ETC.] § 8. For the purpose of ascertaining the ages of the parties, the county clerk may examine either of them, or any other witness, under oath. [R. S. 1845, p. 354, § 10.

9. CERTIFICATE OF MARRIAGE.] § 9. The minister, judge or justice of the peace, or if the marriage is celebrated according to the rules and principles of a religious society, church or denomination, and there be no minister, then the clerk or secretary of such society, church or denomination, shall, within thirty days after such marriage is solemnized, make a certificate thereof, and return the same together with the license, if one has been issued, to the clerk of the county in which the marriage took place, or to his successor in office. [R. S. 1845, p. 354, § 5.

10. FORM OF CERTIFICATE.] § 10. The certificate may be substantially in the following form:

I, EF, a justice of the peace (or as the case may be,) hereby certify that A B and C D were united in marriage by me, at in the county of and state of ......, on the day of A. D.....

11. REGISTRY OF CERTIFICATE.] § 11. The county clerk, upon receiving such certificate, shall make a registry thereof in a book to be kept in his office for that purpose only, which registry shall contain the christian and surnames of the parties, the time of their marriage, and the name of the person certifying the same; he shall also at the same time indorse on such certificate the time when the same is registered, and shall number and carefully preserve the same. [R. S. 1845, p. 354, § 6.

12. EVIDENCE.] § 12. Such certificate or a copy of the same, or of the entry in such registry, certified by the county clerk, under the seal of the county, shall be received as evidence of the marriage of the parties as therein stated. [R. S. 1845, p. 354, § 6.

13. PENALTY FOR ISSUING LICENSE ILLEGALLY.] § 13. If any county clerk shall issue a license for the marriage of a man under the age of twenty-one years, or of a woman under the age of eighteen years, without the consent of his or her father, (or if he is dead or incapable, or not residing with his family, of his or her mother or guardian, if he or she have one,) first had thereto, he shall forfeit and pay the sum of $300 for each offense, to be recovered by such father, mother or guardian, in an action of debt, in any court of competent jurisdiction. [R. S. 1845, p. 354, § 10.

14. NEGLECT TO REGISTER, ETC., CERTIFICATE.] § 14. If any county clerk shall refuse or neglect to register and file any marriage certificate according to law, for more than thirty days after the same is returned to him for that purpose (his fees therefor being paid) he shall forfeit and pay $100, to be recovered by the party injured, in an action of debt, in any court of competent jurisdiction. [R. S. 1845, p. 354, § 7.

15. CELEBRATING MARRIAGE WITHOUT LICENSE.] § 15. If any minister, judge or justice of the peace, or any other officer or person or persons, shall celebrate a marriage without a license having been first obtained therefor as provided by law, he or they shall for every such offense forfeit and pay $100, to be recovered in the name of the People of the State, in an action of debt, in any court of competent jurisdiction: Provided, this section shall not apply where the intention of the parties to marry has been published, as required in section 6 of this act. [R. S. 1845, p. 354, § 8.

16. NEGLECT TO RETURN CERTIFICATE.] § 16. If any minister, judge or justice of the peace having celebrated a marriage, or any clerk or secretary of any society, church or denomination among whom a marriage is celebrated, and whose duty it shall be to make and return a certificate of such marriage, shall fail to make and return to the county clerk such certificate in the time and manner

provided by law, he shall forfeit and pay $100, to be recovered in the name of the People of the State of Illinois, in an action of debt, in any court of competent jurisdiction. [R. S. 1845, p. 354, § 8.

17. STATE'S ATTORNEY TO PROSECUTE.] § 17. It shall be the duty of the state's attorney of the proper county to prosecute all offenses under the two preceding sections.

[§ 18, repeal, omitted. See "Statutes," ch. 131, § 5.|

AN ACT concerning masters in chancery. [Approved April 4, 1872. In force July 1, 1872. L. 1871-2, p. 562.]

1. WHO MAY APPOINT-RESIDENCE.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the several circuit courts may appoint in the respective counties in their circuits a master in chancery; the circuit court of Cook county, and the superior court of Cook county, may appoint for their respective courts as many masters in chancery as there are judges thereof. Masters in chancery shall be resident of the county for which they are appointed. [R. S. 1845, p. 99, § 48.

2. TERM OF OFFICE-REMOVAL.] §2. The tenure of office of masters in chancery shall be two years, but they may be removed from office by the court for which they are appointed, for good cause shown. [L. 1845, p. 571, § 1.

3. VACANCY.] § 3. When a vacancy occurs in the office of master in chancery, the court shall fill the vacancy by appointment as soon thereafter as conveniently may be. [L. 1845, p. 571, § 2.

4. BOND-OATH.] § 4. Every master in chancery, before entering on the duties of his appointment, shall give bond, with security to be approved by the court, and take and subscribe an oath of office; which bond and oath shall be filed with the clerk of the court making the appointment, and spread upon the records thereof. [R. S. 1845, p. 99, § 49.

5. MASTER INTERESTED-SPECIAL MASTER.] § 5. Whenever it shall happen that there is no master in chancery in any county, or when such master shall be of counsel or of kin to either party interested, or otherwise disqualified or unable to act in any suit or matter, the court may appoint a special master to perform the duties of the office in all things concerning such suit or matter. [R. S. 1845, p. 99, § 51.

6. POWERS OF MASTERS.] § 6. Masters in chancery, in their respective counties, shall have authority to take depositions, both in law and equity, to administer oaths, to compel the attendance of witnesses, take acknowledgments of deeds and other instruments in writing, and, in the absence from the county of the judge, to order the issuing of the writs of habeas corpus, ne exeat and injunc tion, and perform all other duties which, according to the laws of this state and the practice of courts of chancery, appertain to the office. [R. S. 1845, p. 99, § 50. 7. MAY GRANT WRITS OF CERTIORARI.] § 7. Hereafter masters in chancery in their respective counties, upon application in manner as now is provided by