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the defendant is not yet due, execution shall not issue against him until twenty days after the same shall become due, unless the party asking the same, or his agent, shall make oath that he believes the debt will be lost unless execution issue forthwith, in which case execution shall issue as soon as said debt to defendant is due; but no sale of property, under such execution, shall take place until after the expiration of twenty days from date of judgment. [R. S. 1845, p. 67, $17.

20. GOODS, ETC., SURRENDERED IN EXECUTION 20. When any garnishee has any goods, chattels, choses in action, or effects other than money, belonging to the defendant, or which he is bound to deliver to him, he shall deliver the same, or so much thereof as may be necessary, to the officer who shall hold the execution in favor of the plaintiff, in the attachment suit or judgment, which shall be sold by the officer, and the proceeds applied and accounted for in the same manner as other goods and chattels taken on excention.

21. WHEN PROPERTY IS PLEDGED, ETC.] § 21. When it shall appear that such goods, chattels, choses in action, or effects in the hands of a garnishee are mortgaged, or pledged, or in any way liable for the payment of a debt to him, the plaintiff may be allowed, under an order of the court or justice of the pace, for that purpose, to pay or tender the amount due to the garnishee; and he shall thereupon deliver the goods, chattels, choses in action and effects, in the manner before provided, to the officer who holds the execution.

22. WHEN PLAINTIFF MAY PERFORM CONDITIONS.] 22. If the goods, chattels, choses in action or effects are held for any purpose, other than to secure the payment of money, and if the contract, condition or other thing to be performed, is such as can be performed by the plaintiff without damage to the other parties, the court or justice of the peace may make an order for the performance thereof by him. Upon such performance or a tender, the garnishee shall deliver the goods, chattels and effects in the manner before provided, to the officer who holds the execution.

23. SALE-APPLICATION OF PROCEEDS.] § 23. All goods, chattels, choses in action and effects, received by the officer under either of the two preceding sections, shall be sold and disposed of in the same manner as if they had been taken on an execution in any other manner, except that from the proceeds of the sale the officer shall repay the plaintiff the amount paid by hisa to the garnishee for the redemption of the same, with interest thereon, or shall indemnify the plaintiff for any other act or thing by him done or performed pursuant to the order of the court or justice of the peace for the redemption of the same.

24. EQUITABLE POWERS OF COURT. § 24. When it shall appear that any garnishee has in his hands, or under his control, any goods, chattels, choses in action or effects, belonging to or which he is bound to deliver to the defendant, with or without condition, the court or justice of the peace may make any and all proper orders in regard to the delivery thereof to the proper officer, and the sale or disposition of the same, and the discharging of any lien thereon, and may au thorize the garnishee to sell any such property, or collect any choses in action, and account for the proceeds thereof; or, if the proceeding be in a court of record, the court may appoint a receiver to take possession and sell, collect or otherwise dispose of the same, and make all orders in regard thereto which may be neces sary or equitable between the parties.

25. WHEN GARNISHEE REFUSES TO DELIVER PROPERTY.] § 25. If any garnishee refuses or neglects to deliver any goods, chattels, choses in action or effects in his hands when thereto lawfully required by the court or justice of the peace or officer having an execution upon which the same may be received, he shall, if the proceeding be in a court of record, be liable to be attached and punished as for a contempt, or the court may enter up judgment for the amount of the plaintiff's judgment, and award execution thereon against the garnishee; or, if the proceeding be before a justice of the peace, be liable to the plaintiff for the full amount of his judgment against the defendant, and judgment may be entered against him therefor.

26. RIGHTS OF GARNISHEE.] § 26. Nothing contained in this chapter shall prevent the garnishee from receiving any goods, chattels, choses in action or effects in his hands for the payment of any demand for which they are mortgaged, pledged, or otherwise liable at any time before the amount due to him is paid or tendered, if such sale would be authorized as between him and the defendant.

27. COSTS-FEES TO GARNISHEE.] § 27. The court or justice of the peace may order the costs of the proceedings in any garnishment to be paid by the plaintiff, or out of the effects or credits garnisheed, or by the garnishee, or may apportion the same as shall appear to be just and equitable. The garnishee shall be entitled to fees the same as witnesses before the same courts in civil

cases.

28. APPEALS.] § 28. An appeal may be taken from the judgment or any final order of the court or justice of the peace, by any party to such proceeding, in like manner as appeals are taken in other cases. [R. S. 1849, p. 69, § 28.

[$ 29, repeal, omitted; see "Statutes," ch. 131, § 5.

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AN ACT to revise the law in relation to the general assembly. [Approved and in force February 25, 1874.] 1. SESSIONS TO BE AT SEAT OF GOVERNMENT.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the sessions of the general assembly shall be held at the seat of government: Provided, that the governor may convene the general assembly at some other place when it is necessary, in case of pestilence or public danger. [See "Seat of Government," ch. 123, § 1; Const., art. 4, § 9, 10.

2. OFFICERS OF OATH.] § 2. Every officer of each house of the general assembly shall, before entering upon the duties of his office, take and subscribe the following oath, which shall be filed with the secretary of state:

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 ...... according to the best of my ability.

3. BOOKS, PAPERS, ETC., DEPOSITED WITH SECRETARY OF STATE-JOURNALS BOUND. § 3. The secretary of the senate and clerk of the house of representatives, at the close of each session of the general assembly, shall deliver to the secretary of state all books, bills, documents and papers in the possession of either branch of the general assembly, correctly labeled, folded and classified, according to the subject matter of such documents respectively; and the secretary of state shall preserve the same in his office. The secretary of state shall cause the journals of the senate and house of representatives to be securely bound in volumes of convenient size, to be kept in his office. [See "Secretary of State," ch. 124, § 4.

4. OATHS.] § 4. The presiding officer of each house, and the chairman, or any member of any committee appointed by either house, or of a joint committee appointed by the two houses of the general assembly, may administer oaths and affirmations to witnesses called before such house or committee for the purpose of giving evidence touching any matter or thing which may be under the consideration or investigation of such house or committee.

5. TRIALS OF IMPEACHMENT.] § 5. In all cases of trials of impeachment, or other trials before the senate, the president, secretary, or any member of the senate, shall have power to administer oaths or affirmations to the members, witnesses, or any other person required to be sworn.

6. APPEARANCE OF WITNESSES COMPELLED-WHEN TESTIMONY NOT USED AGAINST.] 6. Any person may be compelled, by subpena, to appear and give testimony as a witness, and produce papers and documents before either house

or a committee thereof, or a joint committee of both houses. The subpena shall be signed by the presiding officer of the house or the chairman of the committee before whom the witness is to appear, and may be served in the same manner as subpenas from courts of record. But the testimony of a witness examined and testifying before either house of the general assembly, any committee of either house, or any joint committee of the two houses, shall not be used as evidence in any criminal proceedings against such witness in any court of justice: Provided, that no official paper or record produced by such witness on such examination shall be held or taken to be included within the privilege of said evidence so [as] to protect such witness from any criminal proceeding as aforesaid, and no wit ness shall hereafter be allowed to refuse to testify to any fact, or to produce any paper touching which he shall be examined by either house, or by any of the said committees, for the reason that his testimony touching such fact, or the production of such paper, may tend to disgrace him or render him infamous: Provided, furtner, that nothing in this act shall be construed to exempt any witness from prosecution and punishment for perjury committed by him in testifying as aforesaid.

7. ARREST OF WITNESS.] § 7. Any witness neglecting or refusing to appear when duly subpenacd, or to testify, or to produce papers and documents before a committee of either Lonse, or a joint committee of both houses, may be arrested, by warrant under the hand of the presiding officer of the house appointing the committee, or in case of a joint committee, under the hand of the presiding officer of either house, and taken before the house, and there compelled to give testimony or produce such papers and documents.

8. PENALTY FOR NEGLECT TO APPEAR, ETC.] § 8. Whoever, being served with a subpena to appear as a witness, or to produce any paper or document before either house of the general assembly, or any committee thereof, or a joint committee of both houses, shall neglect or refuse to so appear, or to produce any such paper or docament, or having appeared, either with or without subpena, shall neglect or refuse to be sworn er to testify, or to produce any papers or documents when lawfully required so to do, shall be guilty of a misdemeanor, and fined not less than $3 nor more than $200. This section shall not be construed to affect the right of either house of the general assembly to compel the attendance of any person as a witness, or to punish for disorderly or contemp tuous behavior in its presence.

9. WARRANT OF COMMITMENT-JAILER TO RECEIVE, ETC., PRISONER.] $9. The manner of effecting imprisonment of any person by either house for disor derly or contemptuous behavior in its presence, shall be by a warrant, under the hand of the presiding officer for the time being of the house ordering the imprisonment, countersigned by the acting secretary or clerk, running in the name of the People of the State of Illinois, and may be directed to the sergeant-at-arms or doorkeeper of the house, or to the sheriff or any constable of the county in which the general assembly is convened, commanding him to commit the pri soner to the county jail, and deliver him to the keeper thereof, and the jailer to receive him into his custody and safely keep him for the time for which he is committed, or until he is duly discharged.

10. FOR WHAT TIME WITNESS COMMITTED.] § 10. If the person is committed for a refusal to answer any question put to him as a witness, or to obey an order of the house, the warrant may direct that the person be returned to the house at a time stated therein, not exceeding twenty-four hours from the time of commitment, or it may direct that he be imprisoned until he shall signify his willingness to obey the requirements of the house, at which time he shall be returned to the house by the person having him in custody: Provided, that no person shall be so held beyond the time of the adjournment of the general assembly. [See Const., art. 4, § 9.

11. PUNISHMENT BY EITHER HOUSE NO BAR, ETC.] § 11. The punishment of any person, by either house, for disorderly or contemptuous behavior in its presence, shall not be a bar to any other proceeding, civil or criminal, for the same offense.

12. DISORDERLY CONDUCT.] § 12. Whoever, by any noisy, disorderly or unseemly conduct, either in or about the state house or place where either house of the general assembly is convened, disturbs the deliberations of either house, shall be fined not less than $5 nor more than $100, and in default of payment shall stand committed to the county jail until the fine and costs are paid, or he is discharged according to law.

13. AUTHORITY OF SERGEANT-AT-ARMS, DOORKEEPER, ETC.] § 13. The sergeant-at-arms of the senate and his assistants, and the doorkeeper of the house of representatives and his assistants, shall serve such process and execute such orders as may be enjoined upon them by their respective houses, shall maintain order among spectators admitted into the rooms in which the respective houses hold their sessions, and take proper measures to prevent interruption of either house, and may arrest, with or without warrant, any person committing any offense created by this act, or by any law for the protection of the state house or any of its grounds or appurtenances, or guilty of any breach of the peace in or about the state house or public grounds connected therewith, and convey any such offender before a proper magistrate for trial; and for such purpose they shall have the same authority as is granted to sheriffs.

14. EMERGENCY.] § 14. Whereas an emergency exists, therefore this act shall take effect and be in force from and after its passage.

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