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5. IN CASE OF DIVORCE.] § 5. In case of a divorce, the court granting the divorce may dispose of the homestead estate according to the equities of the case. [L. 1871-2, p. 478, § 5.

6. PROCEEDS EXEMPT.] § 6. When a homestead is conveyed by the owner thereof, such conveyance shall not subject the premises to any lien or incum brance to which it would not have been subject in the hands of such owner; and the proceeds thereof, to the extent of the amount of $1,000, shall be exempt from execution or other process, for one year after the receipt thereof, by the person entitled to the exemption, and if reinvested in a homestead the same shall be entitled to the same exemption as the original homestead. [L. 1871-2, p. 479, § 6. 7. INSURANCE MONEY EXEMPT.] § 7. Whenever a building, exempted as a homestead, is insured in favor of the person entitled to the exemption, and a loss occurs, entitling such person to the insurance, such insurance money shall be exempt to the same extent as the building would have been had it not been destroyed. [L 1861, p. 122, § 1; L. 1871-2, p. 479, § 7.

8. COURT OF EQUITY MAY SET OFF HOUSEHOLD, ETC.] § 8. In the enforcement of a lien in a court of equity upon premises, including the homestead, if such right is not waived or released, as provided in this act, the court may set off the homestead and decree the sale of the balance of the premises; or, if the value of the premises exceeds the exemption, and the premises cannot be divided, may order the sale of the whole and the payment of the amount of the exemp tion to the person entitled thereto. [L. 1871-2, p. 479, § S.

9. WHEN NOT MORE THAN $1,000 BID.] § 9. No sale shall be made of the premises on such decree or execution unless a greater sum than $1,000 is bid therefor. If a greater sum is not so bid, the decree may be set aside or modified, or the execution released, as for want of property. [L. 1851, p. 26, § 5; L. 1871-2, p. 479, § 9.

10. PROCEEDINGS ON EXECUTION.] § 10. If, in the opinion of the creditors, or officer holding an execution against such householder, the premises claimed by him or her as exempt, are worth more than $1,000, such officer shall summon three householders as commissioners, who shall, upon oath, to be administered to them by the officer, appraise said premises; and if, in their opinion, the property may be divided without injury to the interest of the parties, they shall set off so much of said premises, including the dwelling house, as in their opinion shall be worth $1,000, and the residue of said premises may be advertised and sold by such officer. [L. 1851, p. 26, § 3; L. 1871-2, p. 479, § 10.

11. WHEN PREMISES CANNOT BE DIVIDED.] § 11. In case the value of the premises shall, in the opinion of said commissioners, be more than $1,000, and cannot be divided as is provided for in this act, they shall make and sign an ap praisal of the value thereof, and deliver the same to the officer, who shall deliver a copy thereof to the execution debtor, or to some one of the family of suitable age to understand the nature thereof, with a notice thereto attached that unless the execution debtor shall pay to said officer the surplus over and above $1,000 on the amount due on said execution, within sixty days thereafter, that such premises will be sold. [L. 1851, p. 26, § ́4; L. 1871-2, p. 479, § 11.

12. WHEN SURPLUS NOT PAID.] § 15. In case such surplus, or the amount due on said execution, shall not be paid within the sixty days, the officer may advertise and sell the said premises, and out of the proceeds of such sale pay to such execution debtor the said sum of $1,000, and apply the balance on said execution. [L. 1851, p. 26, § 5; L. 1871-2, p. 479, § 12.

PERSONAL PROPERTY.

13. PERSONAL PROPERTY EXEMPT.] § 13. The following articles of personal property, owned by the debtor, shall be exempt from execution, writ of attachment, and distress for rent, viz:

First-The necessary wearing apparel of every person.
Second-One sewing machine.

Third-The furniture, tools and implements of any person necessary to carry on his or her trade or business, not exceeding in value $100.

Fourth-Materials and stock designed and procured by him or her, and necessary for carrying on his or her trade and business, and intended to be used or wrought therein, not exceeding $100 in value.

Fifth-The implements or library of any professional person, not exceeding $100 in value.

And in addition to the above property, when the debtor is the head of a family and resides with the same, the following:

First-Necessary beds, bedsteads and bedding, two stoves and pipe.
Second-Necessary household furniture, not exceeding in value $100.
Third-One cow and calf and two swine.

Fourth-One yoke of oxen, or two horses in lieu thereof, used by the debtor in obtaining the support of his family, not exceeding in value $200, and the harness therefor, not exceeding in value $40.

Fifth-Necessary provisions and fuel for the use of the family for three months, and necessary food for the stock herein before exempted, for the same time. Sixth-The bibles, school books and family pictures.

Seventh-The family library.

Eighth Cemetery lots or rights of burial, and tombs for repositories for the dead.

Ninth One hundred dollars' worth of other property, suited to his or her condition in life, selected by the debtor. [R. S. 1845, p. 306, § 32, 33. L. 1845, p. 572, § 2; L. 1861, p. 121, § 1; L. 1871-2, p. 480, § 13.

14. EXEMPT WHILE REMOVING.] §14. Such personal property shall continue so exempt while the family of such person or any of them are removing from one place of residence to another in this state. [L. 1871–2, p. 480, § 15.

15. IN CASE OF DEATH.] § 15. When the head of a family shall die, desert or not reside with the same, the family shall be entitled to and receive all the benefits and privileges which are in this act conferred upon the head of a family residing with the same. [R. S. 1845, p. 306, § 34; L. 1871-2, p. 480, § 16.

16. WHEN PERSONAL PROPERTY NOT EXEMPT.] § 15. None of the personal property named in this act shall be exempted from levy of attachment or execution, when the debt or judgment is for the wages of any laborer or servant : Provided, the court rendering judgment shall find that the demand so sued for is for wages due such person as laborer or servant; which finding shall be expressed in the record of said judgment, and indorsed upon the execution when issued.

17. PENALTY FOR TAKING EXEMPT PROPERTY.] § 16. If any officer, by virtue of any execution or other process, or any other person by any right of distress, shall take or seize any of the articles of property hereinbefore exempted from levy and sale, such officer or person shall be liable, to the party injured, for double the value of the property so illegally taken or seized, to be recovered by action of trespass with costs of suit. [R. S. 1845, p. 306, § 35; L. 1871-2, p. 481, § 18.

18. REPEAL. § 17. The following acts and parts of acts are hereby repealed: "An act to exempt the homestead from forced sale, and to provide for setting off the same, and to exempt certain personal property from attachment and sale on execution, and from distress for rent," approved March 22, 1872; and all other acts and parts of acts inconsistent with the provisions of this act. But this section shall not be construed so as to affect any rights that may have accrued, or any suits or proceedings that may be pending when this act shall take effect.

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AN ACT concerning fees and salaries, and to classify the several counties of this state with reference thereto. [Approved March 29, 1872. In force July 1, 1872. L. 1871-2, p. 420. Title as amended by act approved March 28, 1874; in force July 1, 1874.]

1. SALARIES OF STATE OFFICERS.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That there shall be allowed and paid an annual salary, in lieu of all other salary, fees, perquisite, benefit or compensation, in any form whatsoever, to each of the officers herein named, the following sums respectively:

To the GOVERNOR the sum of $6,000, together with the use and occupation of the executive mansion.

To the LIEUTENANT-GOVERNOR the sum of $1,000: Provided, that if the powers and duties of the office of governor shall devolve upon the lieutenant-governor, the lieutenant-governor shall, during the continuance of such emergency, be entitled to the emoluments thereof as herein provided.

To the SECRETARY OF STATE, the sum of $3,500.

To the AUDITOR OF PUBLIC ACCOUNTS, the sum of $3,500.

To the TREASURER, the sum of $3,500.

To the SUPERINTENDENT OF PUBLIC INSTRUCTION, the sum of $3,500.

To the ATTORNEY-GENERAL, the sum of $3,500.

To the ADJUTANT-GENERAL, the sum of $1,500. [See Const., art. 5, § 23.

2. FEES PAID INTO STATE TREASURY-EXCEPT.] §2. That all fees that now are, or that may be hereafter provided by law to be paid to either of said officers. above named, shall be paid in advance into the state treasury, as revenue. The treasurer shall keep a separate account of the amount received from each office, and his receipt shall be retained by the officer rendering the services. In all cases where such officers shall be entitled to fees, they shall render, under oath, to the governor, a semi-annual report of the amount, and from what sources received: Provided, that this act shall not in any respect apply to the present incumbents in the offices of auditor and secretary of state, during their present respective terms of office, except in so far as it requires a semi-annual report of the fees by them received; but said last named officers shall receive the compensation now allowed by law during their present terms of office. [See Const., art. 5, § 23.

3. SALARIES OF CIRCUIT JUDGES-EXCEPTION.] § 3. That each judge of the circuit courts of this state, and each judge of the superior court of Cook county, shall receive and be paid out of the state treasury of this state an annual salary of $3,500, in lieu of all other compensation, perquisite or benefit, in any form whatsoever: Provided, that the provisions of this act shall not prevent the payment of such additional compensation to the judges of the circuit and superior courts of Cook county, out of the treasury of said county, as is or may be provided by law. [See § 61; Const., art. 6, § 16, 25.

4. SALARIES PAYABLE QUARTER-YEARLY.] § 4. That the salaries of the officers herein above named, provided to be paid out of the state treasury, shall be paid to the officers above named quarter-yearly, on the warrant of the auditor of public accounts, out of any money iu the state treasury not otherwise appropriated.

5. JUDGES OF CITY COURTS-COUNTY JUDGES.] $5. Judges of inferior courts of record in towns and cities shall be allowed and receive, in lieu of all other fees, perquisites or benefits whatsoever, in cities or towns having a population not exceeding five thousand inhabitants, $500, and in cities or towns having more than five thousand inhabitants, $1,500, to be paid out of the city or town treasury. County judges shall be allowed such salary as shall be fixed by their respective boards, to be paid out of the county treasury.

6. PROSECUTING ATTORNEYS OF CITY COURTS.] § 6. That each prosecuting attorney of such inferior court, other than the state's attorney, shall be allowed and receive in full compensation for all services rendered as prosecuting attorney of such court, an annual salary of $250, to be paid by the town or city.

7. STATE'S ATTORNEYS-COOK COUNTY.] 7. There shall be allowed to the several state's attorneys in this state, for services to be rendered by them, the following fees and salaries, to-wit:

To each state's attorney the sum of $400; which salary shall be paid to them, respectively, in quarter-yearly installments, on the warrant of the auditor, out of any money in the treasury not otherwise appropriated: Provided, that until the election of a state's attorney, in and for each county, in the year 1872, all state's attorneys shall receive the sum now provided by law: Provided, that the provisions of this act shall not prevent the payment of such additional compensation to the state's attorney of Cook county, out of the treasury of said county, as is or may be provided by law. [See Const., art 6, § 25.

8. FEES OF STATE'S ATTORNEYS.] § 8. The state's attorneys to be hereafter elected shall also be allowed the following fees:

On each conviction where the crime is punished by death or confinement in the penitentiary, fifteen dollars, and five dollars each on all other convictions.

Ten per cent. upon all moneys (except revenue) collected by them and paid over to the state or any county, which sum, together with the trial fees that can not be collected from the parties convicted, shall be paid out of any fines and forfeited recognizances collected by them.

In each case of forfeited recognizance, where the forfeiture is set aside at the instance of the defendants, except where such forfeiture has been erroneously or irregularly entered, in addition to the ordinary costs the sum of five dollars shall be collected as the state's attorney's fees.

In cases of indictment for false imprisonment or willful and malicious mischief, where the petit jury shall return with their verdict of "not guilty," that the prosecutor acted maliciously in the premises, the sum of three dollars, to be taxed and collected as other costs.

The sum of five dollars upon each examination in the circuit court of a party bound over to keep the peace, and the sum of ten dollars upon the trial of any person under the provisions of the laws concerning bastardy.

9. STATE'S ATTORNEY TO MAKE REPORT-PENALTY-COOK COUNTY EXCEPTED.] 9. It shall be the duty of each state's attorney of this state to make report in writing to the circuit court of their respective counties, on the first day of every term thereof, of all fees, fines and forfeitures by him collected-which report shall be verified by the affidavits of the party making it, and shall be filed by the clerk and recorded in a book by him to be kept for that purpose. Any state's attorney failing or refusing to make such report shall be suspended by the court until such report be made, and it shall be the duty of the court making such suspension to appoint some suitable person to fill the vacancy caused thereby. And any state's attorney failing to make such report for two successive terms, shall be removed from office by the court, and the vacancy caused thereby skall be filled as is now or may be hereafter provided by law: Provided, this section shall not be construed as to apply to counties of the third class. [See Coust., art. 11, § 13.

10. FEES OF SECRETARY OF STATE.] § 10. There shall be paid to the secretary of state the following fees:

For certificate, with seal, one dollar.

For each certificate, without seal, twenty-five cents.

For each commission to any officer or other person (except military commissions), with seal, one dollar.

For copies of exemplifications of records, with seal, for each one hundred words, fifteen cents.

For copies of bills or other papers, with certificates, under seal, for each one hundred words, fifteen cents.

For receiving and filing articles of association, corporations or consolidations, each one dollar.

For issuing each license, one dollar.

11. STATE OFFICERS-PAYMENT INTO TREASURY-SEMI-ANNUAL STATEMENT.] 11. All fees collected by the secretary of state, auditor of public ac counts, state treasurer, superintendent of public instruction, or attorney general, shall be paid into the state treasury; and each of such officers collecting fees shall, semi-annually, on or before the first days of April and October, file a statement, under oath, with the governor, showing by items the amount of fees collected by him, together with the receipt of the treasurer for the same. And upon failure to file such statement, or paying to the treasurer the fees so collected, he shall forfeit the sum of $50, and be liable for double the amount of fees collected and not paid to the treasurer: Provided, such officers shall not be required to make the payment or report required by this section until a salary for their compensation shall be provided by law. [See Const., art 5, § 23; art. 11, § 13.

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