of sale. sale is to be, specifying the time when and place where the same are to be sold. § 49. The officer may postpone such sale from time to Postponement time, not exceeding ten days at one time, whenever, for want of bidders or other good cause, he shall think it for the interest of the parties concerned. Notice of such postponement may be given at time and place fixed for the sale, or by posting notices as herein before provided, but if the postponement exceed one day, he shall post notices thereof. 50. The officer making such sale shall, in his return Description of of the execution, particularly describe the goods sold, and goods sold. the sum for which each article was sold; and if he is guilty of fraud in the sale or return, he shall be liable in any proper action at the suit of the party injured, for five times the amount of the actual damage sustained by reason of such fraud. by another cre § 51. If the goods or chattels sold on execution have When attached been attached by another creditor or seized on another exe- ditor. cution, either by the same or any other officer, or if before the payment of the residue, after the satisfaction of such execution to the debtor, another writ of attachment or execution against him is delivered to the officer who made the sale, the proceeds of the sale shall be applied to the discharge of the several judgments in the order in which the respective writs of attachments or executions become a lien or are entitled by law to share, and the residue, if any, shall be returned to the debtor or his assigns. § 52. The share or interest of a stockholder in any cor- Shares of stock. poration may be taken on execution and sold as hereinafter provided. tion to be left. 53. If the property has not been attached in the same Copy of execusuit the officer shall leave an attested copy of the execution with the clerk, treasurer or cashier of the company, if there is any such officer, otherwise with any officer or person having the custody [of] the books and papers of the corporation; and the property shall be considered as seized on execution when the copy is so left, and shall be sold in like manner as goods and chattels. 8 54. If the share is already attached in the same suit Seizure and sale the officer shall proceed in seizing and selling it on the execution, in the same manner as in selling goods and chattels. 55. The officer of the company who keeps a record or account of the shares or interest of the stockholders therein, shall, upon the exhibiting to him of the execution, be bound to give a certificate of the number of shares or amount of the interest held by the judgment debtor. If he refuses to do so, or if he willfully gives a false certificate thereof, he shall be liable for double the amount of all damages occasioned by such refusal or false certificate, to be recovered in any proper action, unless the judgment is satisfied by the original defendant. Certificate of the number of shares. Purchaser entitled to certifi cate. Dividends. Executions set-off. § 56. An attested copy of the execution and of the return thereon shall, within fifteen days after the sale, be left with the officer of the company whose duty it is to record transfers of shares; and the purchaser shall thereupon be entitled to a certificate or certificates of the shares bought by him upon paying the fees therefor and for recording the transfer. 8 57. If the shares or interest of the judgment debtor had been attached in the suit in which the execution issued, the purchaser shall be entitled to all the dividends which have accrued after the attachment. § 58. Executions between the same parties may be set off, one against another, if required by either party, as prescribed in the following section. Proceedings. § 59. When one of the executions is delivered to an officer to be executed, the debtor therein may deliver his execution to the same officer, whether the second execution is directed to the same or to any other officer; and the officer shall apply it, as far as it will extend, to the satisfaction of the first execution, and the balance due on the larger execution may be collected and paid in the same manner as if there had been no set-off. When set-off shall not be al lowed. Executions by Justices. Execution ag'st 60. Such set-off shall not be allowed in the following cases: First-When the creditor in one of the executions is not in the same capacity and trust as the debtor in the other. Second-When the sum due on the first execution was lawfully and in good faith assigned to another person, before the creditor in the second execution became entitled to the sum due thereon. Third-When there are several creditors in one execution, and the sum due on the other is due from a part of them only. Fourth-When there are several debtors in one execution, and the sum due on the other is due to a part of them only. Fifth-Nor shall it be allowed as to so much of the first execution as is due to the attorney in that suit for his fees and disbursements therein. $61. No execution, issued by any justice of the peace, shall be levied upon real estate, nor shall any redemption be made under any judgment rendered by a justice of the peace, except when the same shall be certified into a court of record, as provided by law. 862. If, upon the return of an execution unsatisfied, in body of debtor. whole or in part, the judgment creditor, or his agent or attorney, shall make an affidavit stating that demand has been made upon the debtor for the surrender of his estate, goods, chattels, land and tenements, for the satisfaction of such execution, and that he verily believes such debtor has estate, goods, chattels, lands or tenements, not exempt from execution, which he unjustly refuses to surrender, or that since the debt was contracted, or the cause of action accrued, the debtor has fraudulently conveyed, concealed, or otherwise disposed of some part of his estate, with a design to secure the same to his own use, or defraud his creditors; and also setting forth upon his knowledge, information and belief, in either case, the facts tending to show that such belief is well founded, and shall procure the order of the judge of the court from which the execution issued, or of any judge or master in chancery in the same county, certifying that probable cause is shown in such affidavit, to authorize the issuing of an execution against the body of the debtor, and ordering that such writ be issued; upon the filing of such affidavit and order with the clerk, he shall issue an execution against the body of such judgment debtor. estate may be demand $63. For the purpose of enabling the judgment creditor Any to make such affidavit, the officer having an execution ed. against the property of the defendant, may demand any estate of the defendant not exempt from execution, whether the same is of such a nature that it may be levied upon and sold on execution or not. § 64. If the debtor shall escape from arrest upon an Arrest of debto: execution against his body, he may be re-arrested upon the same or another warrant in the same case; and for the purpose of arrest or re-arrest, he may be pursued into any county in this state into which he may flee. $65. When a debtor shall be arrested, by virtue of an execution against his body, he shall be conveyed to the county jail of the county of the officer who made the arrest, and kept in safe custody until he shall satisfy the execution or be discharged according to law. Immediately upon the arrest of the defendant, the officer making the same shall give notice thereof to the plaintiff, his agent or attorney, if in the county. To be kept custody. § 66. The following acts and parts of acts are hereby Acts repealed, repealed: Chapter fifty-seven of the Revised Statutes of 1845, entitled "Judgments and Executions," except. sections thirty-two, thirty-three, thirty-four, thirty-eight and thirty nine; an act entitled "An act to provide for interest upon judgments," approved April 9, 1869; an act entitled "An act to amend section eleven of the Revised Statutes, entitled 'Judgments and Executions," " approved February 12, 1857; an act entitled "An act to amend the fifty seventh chapter of the Revised Statutes, entitled 'Judgments and Executions," " approved February 12, 1853; section four of an act entitled "An act regulating practice in courts in certain cases," approved February 18, 1857; an act entitled "An act to authorize the sale of interests in incorporated companies on execution," approved February 22, 1861; an act entitled "An act to secure the state a lien in certain cases," approved February 19, 1859; sections two, three and four of chapter seventy-seven, of the Revised Statutes JURORS. In force July 1, 1872. AN ACT concerning jurors. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the County board County board of each county shall, at or before the time of to make jury its meeting in September, one thousand eight hundred and seventy-two, and by the same time in each year thereafter, when necessary for the purposes of this act, make a list of a sufficient number, not less than one-tenth of the legal voters of each town or precinct in the county, to be known as the jury list. § 2. At the meeting of the county board in the respective counties in this state in September, in the year of our Lord one thousand eight hundred and seventy-two, and each year thereafter, such board shall select from such list a number of persons equal to two hundred, for each trial term of the circuit and county courts in each county, and in the county of Cook a like number for each term of the superior court of Cook county, and one hundred for each term of the criminal court of Cook county, which may be provided by law to be held during the succeeding year, to serve as jurors; and in making such selection shall choose a proportionate number from the residents of each town or precinct, and shall take the names of such only as are: First-Inhabitants of the town or precinct, not exempt from serving on juries. Second-Of the age of twenty-one years or upwards, and under sixty years old. Third-In the possession of their natural faculties, and not infirm or decrepit. Fourth-Free from all legal exceptions, of fair character, of approved integrity, of sound judgment, well informed, and who understand the English language. § 2. If, for any reason, such meeting of the board shall not be held at the time specified, or the selection shall not then be made, the same shall be made at a meeting to be held as soon thereafter as may be. § 4. The following persons shall be exempt from serving Persons exempt as jurors, to-wit: The governor, lieutenant-governor, secretary of state, auditor of public accounts, treasurer, superintendent of public instruction, attorney-general, members of the general assembly during their term of office, all judges of courts, all clerks of courts, sheriffs, coroners, postmasters, mail carriers, practicing attorneys, all officers of the United States, officiating ministers of the gospel, school teachers during the terms of school, practicing physicians, constant ferrymen, mayors of cities, policemen and members of the fire department. 5. At the time of making such selection, the name of Selection from the person selected shall be checked off from such list, and list. shall not be again selected as a juror till every person named upon such list qualified to serve as a juror has been selected; and all subsequent selections of jurors by such board shall be made from such list until all persons thereon, qualified to serve, have been selected, or until the expiration of two years from the time of the making of such list, when a new list shall be made: Provided, if any person who has been selected as a juror shall not have been drawn, or have served upon a jury during the year for which he was selected, he shall, if qualified, be selected for the next year. § 6. As often as one list shall have been exhausted another shall be furnished, as provided in section one of this chapter, and the jurors shall be selected therefrom in the manner provided in sections two and three. The clerks of the circuit courts and other courts of record in the county, shall, at the end of each term of court, furnish the county clerk a list of all persons who have served as jurors during the term. § 7. A list of jurors so selected shall be kept in the office of the county clerk, who shall write the name of each person selected upon a separate ticket, and put the whole into a box to be kept for that purpose. When list is exhausted. drawing. § 8. At least twenty days before the first day of any Manner trial term of any of said courts, the clerk of such court shall repair to the office of the county clerk, and in the presence of such county clerk, after the box containing said names has been well shaken by the county clerk, and without partiality, draw from said box the names of a sufficient number of said persons, then residents of said county, not less than twenty-four for each week that such court will probably be in session for the trial of common law cases, to constitute the petit jurors for that term. $ 9. If a grand jury shall be required by law, or by the Grand jury. order of the judge, for such term, the clerk shall also, in like manner, draw the names of twenty-three persons to constitute the grand jury for such term. of |