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In justices' courts. the bond without further proceedings. If the property be returned, it shall be first sold on the execution.

39. SALE.] § 39. The officer may sell any of the furniture, tackle or appendages of the boat, if by so doing he can satisfy the demand and costs. If he sell the boat, he must sell it to the bidder who will advance the amount required to satisfy the execution for the lowest fractional share of the boat. If a fractional share of the boat be thus sold, the purchaser shall hold such share jointly with the other owner.

40. SAVING.] § 40. Nothing herein contained shall affect the right of the plaintiff to sue in the same manner as though the provisions of this act had not been enacted.

41. CONTRACT WITH BOAT.] § 41. In action before a justice of the peace, it shall be sufficient to allege the contract to have been made with the boat.

42. RAFTS.] § 42. Any raft found in the waters of this state shall be liable to attachment for all debts contracted by the owner, agent, clerk or pilot thereof, on account of work done, services rendered, or supplies furnished for such raft; and the action may be brought directly against the raft, and the same rules shall govern, and the same process shall be had in such action as are in this act prescribed for actions against boats before justices of the peace.

43. APPEARANCE.] § 43. The execution by or for the owner of such boat or raft, of a bond, whereby the same is released to him, shall be an appearance of such owner as a defendant to the action.

44. AMENDMENTS.] § 44. Affidavits, bonds and writs, in cases before justices of the peace in this act mentioned, may be amended, as provided in cases of original attachments, and appeals allowed to a court of record as in other civil actions before justices of the peace.

45. JUSTICE'S JURISDICTION.] § 45. In all cases of attachment before a jus tice of the peace under this act, the justice shall have jurisdiction in any sum not exceeding $200.

46. LIEN BEFORE JUSTICES-PRACTICE.] § 46. No lien shall be allowed under this act in proceedings before justices until the levy of the writ of attachment, and then only as against owners, subsequent purchasers and creditors; and, except as herein provided, the practice and proceedings shall be the same as in other civil actions in justices' courts.

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AN ACT to revise the law in relation to attorneys and counselors. [Approved March 28, 1874. In force July 1, 1874.Į 1. NOT TO PRACTICE IN COURTS OF RECORD WITHOUT LICENSE.] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That no person shall be permitted to practice as an attorney or counselor at law, or to commence, conduct or defend any action, suit or plaint, in which he is not a party concerned, in any court of record within this state, either by using or subscribing his own name, or the name of any other person, without having previously obtained a license for that purpose from some two of the justices of the supreme court, which license shall constitute the person receiving the same an attorney and counselor at law, and shall authorize him to appear in all the courts within this state, and there to practice as an attorney and counselor at law, according to the laws and customs thereof, for and during his good behavior in said practice, and to demand and receive fees for any services which he may render as an attorney and counselor at law in this state. No person shall be refused a license under this act on account of sex. [R. S. 1845, p. 73, § 1.

2. CERTIFICATE OF MORAL CHARACTER. § 2. No person shall be entitled to receive a license as aforesaid until he shall have obtained a certificate of his good moral character from a court of record of some county. [R. S. 1845, p. 73, § 2. 3. LICENSE OF ANOTHER STATE AND CERTIFICATE OF MORAL CHARACTER SUFFICIENT. § 3. Any person producing a license or other satisfactory voucher proving that he hath been regularly admitted an attorney at law, in any court of record within the United States, and obtaining a certificate of good moral character, as required in the preceding section, may be licensed and permitted to practice as a counselor and attorney at law, in any court in this state, without examination. [R. S. 1845, p. 74, § 10.

4. OATH.] $ 4. Every person admitted to practice as an attorney and counselor at law shall, before his name is entered upon the roll to be kept as hereinafter provided, take and subscribe an oath, substantially in the following form: I do solemnly swear (or affirm, as the case may be,) that I will support the constitution of the United States and the constitution of the state of Illinois, and that I will faithfully discharge the duties of the office of attorney and counselor at law to the best of my ability.

[R. S. 1845, p. 74, § 9.

5. ROLL.] 5. It shall be the duty of the clerk of the supreme court, in each grand division, to make and keep a roll or record, stating at the head thereof that the persons whose names are therein written have been regularly licensed and admitted to practice as attorneys and counselors at law within this

state, and that they have duly taken the oath of office as prescribed by law, which shall be certified and indorsed on the said license. [R. S. 1845, p. 73, § 3.

6. NAME ENROLLED STRIKING FROM ROLL-SUSPENSION.] § 6. No person, whose name is not on the said roll, with the day and year when the same was written thereon, shall be suffered or admitted to practice as an attorney or counselor at law in any court of record within this state, and the justices of the su preme court, in open court, shall have power at their discretion to strike the name of any attorney or counselor at law from the roll for mal-conduct in his office; and any judge of a circuit court, or of the superior court of Cook county, shall, for like cause, have power to suspend any attorney or counselor at law from practice in the court over which he presides, during such time as he may deem proper, subject to the right to have such order set aside by the supreme court upon appeal. R. S. 1845, p. 73, § 4.

7. REFUSAL TO PAY OVER MONEY COLLECTED STRIKING FROM ROLL.] § 7. In all cases when an attorney of any court in this state, or solicitor in chancery, shall have received, or may hereafter receive, in his said office of attorney or solicitor, in the course of collection or settlement of any claim left with him for collection or settlement, any money or other property belonging to any client, and shall, upon demand made, and a tender of his reasonable fees and expenses, refuse or neglect to pay over or deliver the same to the said client, or to any person duly authorized to receive the same, it shall be lawful for any person interested, to apply to the supreme court of this state for a rule upon the said attorney or solicitor, to show cause, at a time to be fixed by the said court, why the name of the said attorney or solicitor should not be stricken from the roll, a copy of which rule shall be duly served upon said attorney or solicitor at least two days previous to the day upon which said rule shall be made returnable; and if, upou the return of said rule, it shall be made to appear to the said court that such attorney or solicitor has improperly refused or neglected to pay over or deliver said money or property so demanded as aforesaid, it shall be the duty of the said court to direct that the name of the said attorney or solicitor be stricken from the roll of attorneys in said court. [R. S. 1845, p. 73, § 5.

8. NOTICE OF COMPLAINT-DEFENSE-EFFECT OF STRIKING FROM ROLL.] § 8. Every attorney, before his name is stricken off the roll, shall receive a written notice from the clerk of the supreme court, stating distinctly the grounds of complaint, or the charges exhibited against him, and he shall, after such notice, be heard in his defense, and allowed reasonable time to collect and prepare testimony for his justification. And every attorney whose name shall, at any time, be stricken from the roll by order of the court in manner aforesaid, shall be considered as though his name had never been written thereon, until such time as the said justices, in open court, shall authorize him to sign or subscribe the same. [R. S. 1845, p. 73, § 6.

9. WHEN LIABLE TO ARREST WHEN PRIVILEGED FROM.] § 9. All attor neys and counselors at law, judges, clerks and sheriffs, and all other officers of the several courts within this state, shall be liable to be arrested and held to bail, and shall be subject to the same legal process, and may in all respects be prosecuted and proceeded against in the same courts and in the same manner as other persons are, any law, usage or custom to the contrary notwithstanding : Provided, nevertheless, said judges, counselors or attorneys, clerks, sheriffs and other officers of said courts, shall be privileged from arrest while attending courts, and whilst going to and returning from court. [R. S. 1845, p. 74, § 7.

10. WHO NOT TO PRACTICE AS ATTORNEY.] § 10. No person who holds a commission as a justice of the supreme court, or as judge of any court of record, shall be permitted to practice as an attorney or counselor at law in the court in which he presides; nor shall any coroner, sheriff, deputy sheriff, jailer or constable be permitted to practice as aforesaid in the county in which he is commissioned or appointed; nor shall any clerk or deputy clerk of [a court of] record be permitted to practice as an attorney or counselor at law in the court of which he is clerk or deputy clerk; and no person shall be permitted or suffered to enter his

name on the roll or record, to be kept as aforesaid, by the clerk of the supreme court, or do any official act appertaining to the office of an attorney or counselor at law, until he hath taken the oath hereinbefore required; and the person administering such oath shall certify the same on the license; which certificate shall be a sufficient voucher to the clerk of the supreme court to enter or insert, or permit to be entered or inserted, on the roll of attorneys and counselors at law, the name of the person of whom such certificate is made. [R. S. 1845, p. 74, § 8.

11. PARTIES MAY PROSECUTE OR DEFEND-RIGHTS SAVED.] § 11. Plaintiffs shall have the liberty of prosecuting, and defendants of defending in their proper persons, and nothing herein contained shall be so construed as to affect any person or persons heretofore admitted to the degree of an attorney or counselor at law, by the laws of this state, so as to subject him to further examination, or make it necessary for him to renew his license. [R. S. 1845, p. 75, § 12. 12. ATTORNEYS RESIDING IN OTHER STATES.] § 12. When any counselor or attorney at law, residing in any other state or territory, may desire to prac tice law in this state, such counselor or attorney shall be allowed to practice in the several courts of law and equity in this state upon the same terms and in the same manner that counselors and attorneys at law residing in this state now are or hereafter may be admitted to practice law in such other state or territory. [R. S. 1845, p. 75, § 13.

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AN ACT in regard to attorneys general and state's attorneys. Approved March 26, 1874. In force July 1, 1874.]

1. OATH-BOND.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That before entering upon the respective duties of their office, the attorney general and state's attorneys shall each be commissioned by the governor, and shall take the following oath or affirmation:

I do solemnly swear (or affirm, as the case may be,) that I will support the constitution of the United States and the constitution of the state of Illinois, and that I will faithfully discharge the duties of the office of attorney general (or state's attorney, as the case may be,) according to the best of my ability.

And shall also execute a bond, to the People of the State of Illinois, with good and sufficient securities-that of the attorney general in the penal sum of $10,000, to be approved by the governor, and then filed in the office of the secretary of state; and that of each state's attorney in the penal sum of $5,000, to be approved by the county court of his respective county, which approval shall be indorsed upon said bond. And said bond, with the approval thereof indorsed, shall be entered of record in said county court, and then forwarded by the county clerk to the secretary of state, to be filed in his office. Each and every of said bonds shall be conditioned upon the faithful discharge of the duties of said office, and the paying over all moneys as provided by law, which bond shall run to and be for the benefit of the state, county, corporation or person injured by a breach of any of the conditions thereof. [L. 1871-2, p. 189, § 1; R. S. 1845, p. 75, § 2; L. 1867, p. 47, §3.

2. ADDITIONAL BOND.] § 2. Whenever the governor shall deem any bond filed by the attorney general, or the county court shall deem the bond filed by any state's attorney insufficient, the governor or county court, as the case may be, may require additional bond, in any penalty not exceeding that specified in section one of this act. [L. 1871-2, p. 189, § 1; R. S. 1845, p. 75, § 2.

3. FAILURE TO GIVE BOND OR TAKE OATH.] § 3. If any person elected to the office of attorney general or state's attorney shall fail to give bond, or take the oath required of him, within twenty days after he is declared elected, the of fice shall be deemed vacant, and if, being required to give additional bond, as provided in section two hereof, he fails to do so within twenty days after notice of such requirement, his office may, in the discretion of the governor, be declared vacant and filled as provided by law. [L. 1871–2, p. 189, § 1; R. S. 1845, p. 75, § 2. 4. DUTIES OF ATTORNEY GENERAL.] § 4. The duties of the attorney gene

ral shall be—

First-To appear for and represent the people of the state before the supreme court in each of the grand divisions, in all cases in which the state or the people of the state are interested.

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