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In force March

19, 1872.

in other states.

AN ACT relating to deposits to be made by foreign insurance companies. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That when Deposits made any fire, or fire and marine insurance company organized under the laws of any foreign government, shall file with the auditor of public accounts a certificate of the superintendent of the insurance department of any other state, stating that a deposit of two hundred thousand dollars, or the equivalent of that amount, for the protection of the policyholders in the United States, has been made by said company, in that state, in accordance with the existing laws thereof, said company shall not be required to make such deposit in this state, so long as said deposit shall remain intact with the superintendent of the insurance department or treasurer of said state, a certificate of which from the superintendent of the insurance department of that state shall be annually filed with the auditor of public accounts of this state.

stocks of for

§ 2. All fire, or fire and marine insurance companies Bonds and organized under the laws of any foreign country establish- sign countries. ing, or having heretofore established an agency or agencies in this state, shall be and are hereby allowed to make the deposit required by the laws of this state, in such bonds, stocks or other securities of such foreign country: Provided, the same shall not be received for more than their par value, nor shall they in any case be valued at more than their current market value.

§ 3. The recent conflagration in Chicago having de- Emergency. prived the people of the state of Illinois of the means of ample insurance on their buildings and goods, an emergency exists requiring this act to be of immediate force and effect: therefore, this act shall take effect and be in force from and after its passage.

APPROVED March 19, 1872.

AN ACT to repeal an act entitled "An act to amend an act to incorporate the In force July 1, St. Clair Savings and Insurance Company," approved March 29, 1869.

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SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the act entitled "An act to amend an act entitled an act to incorporate the St. Clair Savings and Insurance Company,' and which was approved on the twenty-ninth of March, one thousand eight hundred and sixty-nine, be and the same is hereby repealed.

APPROVED April 9, 1872.

1872.

JAILS.

In force July 1, AN ACT to prohibit the use of common jails, by the authorities of cities and towns, as a calaboose or lock-up.

1872.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That it shall not be lawful for the authorities of any city or town in this state to use the common jails of any county in this state as a calaboose or lock-up for persons charged with violations of the ordinances of such city or town, unless authorized by the county board, and the usual jail fees and expenses of subsistence of prisoners be paid by such city or town. § 2. All laws in conflict with this act are hereby repealed. APPROVED April 5, 1872.

JUDGES.

In force July 1,

cation.

1872.

AN ACT to extend the powers of judges of circuit courts in vacation.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the Powers in va- judges of the several circuit courts, within their respective circuits, shall each have power at any time in vacation to hear and determine motions to dissolve injunctions. to permit amendments to pleadings in actions at law as well as in suits in equity, to make any and all necessary orders to carry into effect any decree which may have been previously entered in such courts, and to order the issuance of all neces sary writs therefor, and to order the issuance of writs of certiorari in all cases; and such orders may be made during the terms of court held by such judge in other counties than that in which the suit is pending or about to be commenced.

Notice of application.

§ 2. Any party applying for any such order shall give the opposite party, or his attorney of record, at least seven days' notice of such intended application. Any order so made in vacation, shall be signed by the judge making the same, and filed and entered of record by the clerk of the

court in which the proceedings shall be had; and, from the
date of such filing, shall have like force and effect as if such
order was made at a regular term of such court.
APPROVED March 7, 1872.

JUDGMENTS AND DECREES.

1872.

AN ACT in regard to judgments and decrees, and the manner of enforcing the In force July 1, same by execution, and to provide for the redemption of real estate sold under execution or decree.

Judgment to

estate.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That a judgment of a court of record shall be a lien on the real be lien on real estate of the person against whom it is obtained, situated within the county for which the court is held, from the time the same is rendered or revived for the period of seven years, and no longer: Provided, that there shall be no priority of the lien of one judgment over that of another rendered at the same term of court, or on the same day in vacation. When execution is not issued on a judgment within one year from the time the same becomes a lien, it shall thereafter cease to be a lien; but execution may issue on such judgment at any time within said seven years, and shall become a lien on such real estate from the time it shall be delivered to the sheriff, or other proper officer, to be executed.

When execu

§ 2. When the party in whose favor a judgment is ren- tion is restraindered is restrained, by injunction out of chancery, or by ap. ed. peal, or by the order of a judge or court, or is delayed, on account of the death of the defendant, either from issuing execution or selling thereon, the time he is so restrained or delayed shall not be considered as any part of the time mentioned in section one or six of this act.

83. The term "real estate," when used in this act, shall "Real estate.” include lands, tenements, hereditaments, and all legal and equitable rights and interests therein and thereto, including estates for the life of the debtor or of another person, and estates for years, and leasehold estates, when the unexpired term exceeds five years.

judgment.

84. The person in whose favor any judgment, as afore-Execution on said, may be obtained, may have execution thereon in the usual form, directed to the proper officer of any county in this state, against the lands and tenements, goods and chattels of the person against whom the same is obtained, or against his body, when the same is authorized by law.

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Execution § 5. No execution shall issue against the body of the af defendant defendant, except when the judgment shall have been obagainst body tained for a tort committed by such defendant, or unless the defendant shall have been held to bail upon a writ of capias ad satisfaciendum as provided by law, or he shall refuse to deliver up his estate for the benefit of his creditors.

Limitation.

Interest.

Return of writs.

Delivery sheriff.

Liability property.

to

6. No execution shall issue upon any judgment after the expiration of seven years from the time the same becomes a lien, except upon the revival of the same by scire facias; but real estate levied upon within said seven years may be sold upon a venditio rei exponas, at any time within one year after the expiration of said seven years.

§ 7. Every execution issued upon a judgment shall direct the collection of interest thereon, from the date of the recovery of the judgment until the same is paid, at the rate of six per centum per annum.

8 8. Executions and writs of venditio rei exponas shall be made returnable ninety days after the date thereof.

9. No execution shall bind the goods and chattels of the person against whom it is issued, until it is delivered to the sheriff or other proper officer to be executed; and for the better manifestation of the time, the sheriff or other officer shall, on receipt of such writ, indorse upon the back thereof the day of the month and year and hour when he received the same.

of 10. All and singular the lands, tenements, real estate, goods and chattels (except such as is by law declared to be exempt) of every person against whom any judgment has been or shall be hereafter obtained in any court of record, for any debt, damages, costs, or other sum of money, shall be liable to be sold upon execution, to be issued upon such judgment.

On what property levied.

To be sold separately.

11. The person in whose favor execution is issued, may elect on what property not exempt from execution he will have the same levied, provided personal property shall

be last taken.

§ 12. When real or personal property is taken in execution, if the same is susceptible of division it shall be sold in separate tracts, lots or articles, and only so much shall be sold as is necessary to satisfy the execution and costs. Concurrent 13. When the lien of several judgments is concurrent,

judgments.

by reason of the same having been rendered at the same term of court or on the same day in vacation, and execution issued upon any one of such judgments is levied upon property subject to such lien, the property so levied upon shall be sold for the benefit of all executions issued upon such judgments, and delivered to the same officer or any of his deputies before sale; and the proceeds of such sale shall be divided upon the several executions, pro rata, according to their several amounts.

$ 14. No real estate shall be sold by virtue of any exe- Public sale and cution aforesaid, except at public vendue, between the hours advertisement. of nine in the morning and the setting of the sun of the same day, nor unless the time and place of holding such sale shall have been previously advertised for the space of twenty days, by putting up written or printed notices thereof in at least three of the most public places in the county where the real estate is situated, specifying the name of the plaintiff and defendant in the execution-in all which notices the real estate to be sold shall be described with reasonable certainty.

§ 15. If any sheriff or other officer shall sell any real Duties of the estate by virtue of any such execution, otherwise than in sheriff. the manner aforesaid, or without such previous notice, the officer so offending shall, for every such offense, forfeit and pay the sum of fifty dollars, to be recovered with costs of suit, by the person whose property is sold: Provided, however, that no such offense, nor shall any irregularity on the part of the sheriff, or other officer having the execution, be deemed to affect the validity of any sale made under it, unless it shall be made to appear that the purchaser had notice thereof.

§ 16. When any real estate is sold by virtue of an execution, judgment, or decree of foreclosure of mortgage, or enforcement of mechanic's lien, or vendor's lien, or for the payment of money, it shall be the duty of the sheriff, master in chancery, or other officer, instead of executing a deed for the premises sold, to give to the purchaser a certificate describing the premises purchased by him, showing the amount paid therefor, or if purchased, by the person in whose favor the execution or decree is, the amount of his bid, the time when the purchaser will be entitled to a deed, unless the premises shall be redeemed, as provided in this act.

Certificate of

sale.

§ 17. The sheriff, master in chancery, or other officer To be filed with making the sale, shall, within ten days from such sale, file recorder. in the office of the recorder of the county in which the property is situated, a duplicate of such certificate, which shall be recorded by such recorder; and such certificate, or duplicate, or record, and certified copy of the record thereof, shall be evidence of the facts therein stated.

18. The defendant, his heirs, administrators, assigns, Redemption of or any person interested in the premises, through or under real estate. the defendant, may redeem the real estate so sold by paying to the purchaser thereof, his executors, administrators or assigns, or to the sheriff or master in chancery, or other officer who sold the same, or his successor in office, for the benefit of such purchaser, the sum of money for which the premises were sold or bid off, with interest thereon at the rate of ten per centum per annum from the time of such sale, whereupon such sale and certificate shall be null and

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