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CHAP. 68.

HUSBAND And Wife.

12. Such contracts, sales, etc., good. § 12. All contracts, sales or incumbrances made by either the husband or wife, by virtue of the power contemplated in the preceding section, shall be binding on both, and during such absence or confinement, the person acting under such power may sue and be sued thereon; and for all acts done the property of both shall be liable, and execution may be levied or attachment issued accordingly. No suit or proceeding shall abate, or be in anywise affected, by the return or release of the person absent or confined, but he or she shall be permitted to prosecute or defend jointly with the other.

[Hockett v. Bailey, 86 Ill. 74.

13. When order may be set aside. 13. The husband or wife affected by the proceedings contemplated in the two preceding sections may have the order or decree of the court set aside or annulled, by filing a petition therefor and serving a notice on the person in whose favor the same was granted, as in ordinary actions. But the setting aside of such decree or order shall in nowise affect any act done thereunder.

14. Attorney in fact. § 14. A husband or wife may constitute the other his or her attorney in fact, to control and dispose of his or her property for their mutual benefit or otherwise, and may revoke the same to the same extent and in the same manner as other persons.

[Patten v. Patten, 75 Ill. 446; Card v. Robinson, 2 Brad. 19: Brownell v. Dixon, 37 Ill. 198; Dean v. Bailey, 50 ll. 484; Pike v. Baker, 53 11. 167; McLaurie v. Partlon, 53 Ill. 341; Elder v. Cordray, 54 Ill. 244; Wortman v. Price, 47 Ill. 24 ; Dyer v. Keefer, 51 Ill. 525; Wilson v. Loomis, 55 Ill. 356; Haines v. Haines, 54 Ill. 74: Woodworth v. Sweet, 51 N. Y. 8; Walker v. Carrington, 74 III. 447.

15. Expenses of family. 15. The expenses of the family and of the education of the children shall be chargeable upon the property of both husband and wife, or of either of them, in favor of creditors therefor, and in relation thereto they may be sued jointly or separately. [Partridge v. Arnold, 73 Ill. 600; Bauman v. Street, 76 Ill. 527; McMillen v. Lee, 78 Ill. 443 Mowbry v. Mowbry, 64 Ill. 383.

[*578] 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 pray.

ing 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 application, 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 hereinbefore 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.

SEPARATE MAINTENANCE.

AN ACT in relation to married women. [Approved May 17, 1877. In force July 1, 1877. L. 1877, p. 115.]

*22. Support maintenance costs. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That married women, who, without their fault, now live or hereafter may live, separate and apart from their husbands, may have their remedy in equity in their own names, respectively, against their said husbands, for

CHAP. 69.

INJUNCTIONS.

a reasonable support and maintenance, while they so live, or have so lived separate and apart; and in determining the amount to be allowed, the court shall have reference to the condition of the parties in life, and the circumstances of the respective cases; and the court may grant allow. ance to enable the wife to prosecute her suit, as in cases of divorce.

[Trotter v. Trotter, 77 111. 510; Ross v. Ross, 69 Ill. 569; Deenis v. Deenis, 65 III. 167; Babbitt v. Babbitt, 69 III. 277; Gotts v. Clark, 78 Ill. 229; Foss v. Foss, 2 Brad.

412.

*23. Where suit brought-security. § 2. Proceedings under this act may be instituted in the county where either the husband or wife resides, and the wife shall not be required to give security for costs in any such proceeding.

[Babbitt v. Babbitt, 69 Ill. 277.

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13.

What part of judgment may be en- 18.
joined.

Bond

when judgment enjoined-19.

Bonds to be filed.

Assessing damages-suit on bond.

20.

21.

22.

23.

[*579]

Motion to dissolve or modify in va
cation.

Motion to dissolve at any time.
Motion to dissolve-evidence.
Affidavits.

Continuance for testimony to support
bill.

Testimony to be by deposition.
Depositions read on final hearing.
Effect of appeal on injunction.
Further bond.

Injunctions on Sunday.

AN ACT to revise the law in relation to injunction. [Approved March 25, 1874. In

force July 1, 1874.]

1. Who may grant. SEC. 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 the circuit courts in term time, and any judge thereof in vacation, shall have power to grant writs of injunction.

[See "Courts," ch. 37, § 63; R. S. 1845, p. 382, § 8; Menard v. Hood, 68 Ill. 121 ; Du Page Co. v. Jenks, 65 Ill 275; Leith v. Wentworth, 71 Ill. 146; Ramsey v. Hoeger, v. St. L. R. R. Co., 76 Ill. 561; National Bank of 76 Ill. 432; Porter v. R. R. I. Shawneetown v. Cook, 77 Ill. 623 Lebanon v. O. & M Ry. Co., 77 Ill. 542; Allen v. Watt, 79 Ill. 284; Alsop v. Eccles, 81 Ill. 424: Chestnutwood v. Hood, 68 Ill. 132; Chase v. Stephenson, 71 Ill. 385; Wahle v. Reinbolt, 76 Ill. 322; Babcock v. McCamant, 53 Ill 214; Horn v. Keenan, 28 Ill. 445: O'Connor v. Wilson, 57 Ill. 234; People v. Williams, 51 Ill. 68; James v. Bushnell, 28 Ill. 160; Bennett v. McFadden, 61 111. 334; Darling v. Gunn, 50 Ill. 425; McBride v. Chicago, 22 Ill. 575: Harward Ballard, 55 Ill. 419; Russell v. Minteer, 83 v. St. Clair, etc., 51 Ill. 130; Bradley v Ill. 150; Swinney v. Beard, 71 Ill. 27; McConkey v. Smith, 73 Ill. 313; Denning v.

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Jones, 72 Ill. 78; Weaver v. Poyer, 70 Ill. 568; Graves y. Webber, 72 Ill. 606; Ottawa Glass Co. v. McCaleb, 81 Ill. 556; Chicago v. Barbian, 80 Ill. 482; Jackson Co. v. Brush, 77 Ill. 59 Jackson v. Norris, 72 Ill. 364; Cobb v. Ill. & St. L. R. R. Co., 68 Ill. 233: How v. Mortell, 28 Ill. 478; Hickey v. Stone, 60 Ill. 458; Owens v. Ranstead, 22 Ill. 161; Craig v. People, 47 Ill. 496; Cook v. South Park, etc., 61 Ill. 120; Brush v. Fowler, 36 Ill. 54; Wangelin v. Goe, 50 Ill. 466; Drake v. Phillips, 40 Ill. 388; Marshall v. Silliman, 61 Ill. 218; Dunning v. Aurora, 40 ill. 481; Baxter v. Board, etc., 83 Ill. 146; City of Springfield v. Edwards, 84 Ill. 626: Fisher v. Chicago Board of Trade, 80 111. 85; Hanford v. Blessing, 80 Ill. 188; Oglesby Coal Co. v. Pasco, 79 Ill. 164; Village of Nunda v. Village of Chrystal Lake, 79 Ill. 311; Yates v. Village of Batavia, 79 Ill. 500; Brown v. Luehrs, 79 Ill. 575; Brush v. City of Carbondale, 78 Ill. 745 Sheridan v. Colvin, 78 Ill. 237; Dickey v. Reed, 78 Ill. 261; Gleason v. Village of Jefferson, 78 Ill. 399; Dunham v. Miller, 75 Ill. 379; Patterson v. C. D. & V. R. R. Co., 75 Ill. 588; C. B. & Q. R. R. Co. v. Cole, 75 Ill. 591; Andrews v. Rumsey, 75 Ill. 598; C. B. & Q. R. R. Co. v. Paddock, 75 Ill. 616; Vail v. Mix, 74 Ill. 128.

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 accompanying the same, that the rights of the complainant will be unduly prejudiced if the injunction is not issued immediately or without such notice.

[Brown v. Luehrs, 79 Ill. 575; Phelps v. Foster, 18 Ill. 309.

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, 810; Joslyn v. Dickerson, 71 Ill. 25; Lester v. Stephens, 29 Ill. 155; C. D. & V. R. R. Co. v. Field, 86 Ill. 270; Catholic Bishop v. Chiniquy, 74 III. 317; Harris v. Pullman, 84 Ill. 21.

5. Release of errors. shall operate as a release of all prayed to be enjoined.

5. Every injunction, when granted, errors in the proceedings at law that are

[R. S. 1845, p. 382, § 11; St. L. A. & T. H. R. Co. v. Todd, 40 Ill. 89; McConnell v. Ayers, 3 Scam. 210.

6. Justice's 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; York v. Kyle, 67 Ill. 233; Breckenridge v. McCormick, 43 Ill. 491; Ballentine v. Beall, 3 Scam. 206.

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.

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8. Bond when judgment enjoined damages. § 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; Weaver v. Poyer, 79 Ill. 417; Joslyn v. Dickerson, 71 Ill. 25; Gorton v. Brown, 27 Ill. 489; Boynton v. Robb, 22 Ill. 525; Boynton v. Phelps, 52 Ill. 210; Shafer v. Sutton, 49 Ill. 506; Roberts v. Fahs, 36 Ill. 268; Smith v. Powell, 50 lll. 22; Harding v. Com'l Loan Co., 84 Ill. 250.

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.

[Ovington v. Smith, 78 Ill. 250; Drake v. Phillips, 43 Ill. 388; Beaucamp v. Kankakee, 45 III. 274; Farin v. Tesson, 51 Ill. 393; Boston v. Nichols, 47 Ill. 354; Billings v. Sprague, 49 in. 509.

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 security or it may be entered into before such court, judge or master. [R. S. 1845, p. 382, § 11.

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11. Bond to be filed. II. 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; Wing v. Dodge, 80 Ill. 564: Spring v. Collector of City of Olney, 78 I 101; Mason v. City of Shawneetown 77 Ill. 533: Marsh v. Morton, 75 Il. 621; Mix v. Vail, 86 III. 40; Camp v. Bryan, 84 Ill. 250; Alexander v. Colcord, 85 Ill. 323; Alwood v. Mansfield, 81 l. 314; Albright v. Smith, 68 Ill. 181; Ovington v. Smith, 78 Ill. 250; Lewis v. City Bank of Cairo, 72 Ill. 543; Weaver v. Payer, 73 Ill. 489; Weaver v. Payer, 79 Ill 417; McWilliams v. Morgan, 70 Ill. 551; Delahanty v. Warner, 75 Ill. 185; Steele v. Boone, 75 Ill. 458; Palmer v. Gardiner, 77 Ill. 144; Elder v. Sabin, 66 Ill 131; Cummings v. Burleson, 78 Ill. 283; Winkler v. Winkler, 40 I 180: Forth v. Xenia, 54 Ill. 210; Russeli v. Rogers, 50 II. 176; Brownfield v. Brownfield, 58 Ill. 152; Hibbard v. McKindley, 28 III. 256; Ryan v. Anderson, 25 Ill,

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