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their concerns: Provided, that this section shall not be construed to relieve any such company from its liabilities to the assured or any of its creditors.

87. CONTINUED AS TO CREDITORS, ETC.] § 4. Insurance companies whose charters expire by their own limitation, or become forfeited by non-user, or are dissolved by decree of court, or otherwise, shall, nevertheless, be continued bodies corporate for the term of two years after such expiration, forfeiture or dissolution, for the purpose of prosecuting and defending suits by or against them, and of enabling them gradually to settle and close their concerns, to dispose of and convey their property, and divide their capital stock and assets, but not for the purpose of continuing the business for which they were organized.

88. APPOINTMENT OF RECEIVER-HIS POWERS.] § 5. When the charter of any such insurance company expires, is forfeited, or annulled, or the corporation is restrained from further prosecution of its business, or is dissolved, as hereinbefore provided, the court, on application of the auditor, or of a member, stockbolder or creditor, may, at any time before the expiration of said two years, appoint one or more persons to be receivers, to take charge of the estate and effects of the company, including such securities as may be deposited with the auditor or treasurer of state, and to collect the debts due, and property belonging to it, with power to prosecute and defend suits in the name of the corporation, or in their own names, to appoint agents under them, and do all other acts necessary for the collection, marshaling and distributing of the assets of the company, and the closing of its concerns; and when necessary for the final settlement of its unfinished business, the powers of such receivers may be continued as long as the court deems necessary therefor.

89. DUTIES OF RECEIVER.] § 6. The receiver shall pay all debts due from the company, if the funds in his hands are sufficient therefor, and if not, he shall distribute the same ratably among the creditors who prove their debts, in such manner as the court may direct, and receivers may be authorized by the court to sell, convey and dispose of, and convert into money, any of the securities or assets of the company, for the purpose of paying such debts, and distributing such funds. If there is a balance remaining after the payment of the debts, the receiver shall distribute the same among those who are justly entitled thereto, as members, stockholders, or otherwise, or their legal representatives.

90. RECEIVERS TO REPORT TO AUDITOR.] § 7. Receivers of insurance companies, appointed as aforesaid, shall report to the auditor of state, annually, in such manner as he shall prescribe, on or before the first day of January, and as much oftener as he may direct, and such reports, or abstracts therefrom, may be incorporated into his annual report on insurance.

91. COMPENSATION AND EXPENSES.] § 8. The compensation of receivers, and their expenses, shall be determined by decree of court, but shall not exceed the costs of court, and five per cent. of the amount collected of any of the assets of the company.

92. PRACTICE.] § 9. The mode of summoning parties into court, the rules of practice, course of procedure, and powers of courts, in cases arising under this act, shall be the same as in ordinary proceedings in equity in this state, except as herein otherwise provided.

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AN ACT to revise the law in relation to the rate of interest. [Approved March 25, 1874. In force July 1, 1874.]

1. ON LOAN OR FORBEARANCE OF MONEY, ETC.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the rate of interest upon the loan or forbearance of any money, goods, or thing in action, shall continue to be $6 upon $100 for one year, and after that rate for a greater or less sum, or for a longer or a shorter time, except as herein provided. [R. S. 1845, p. 294, § 1.

2. ON MONEY AFTER DUE, ETC.] § 2. Creditors shall be allowed to receive at the rate of six per centum per annum, for all moneys after they become due on any bond, bill, promissory note, or other instrument of writing; on money lent or advanced for the use of another; on money due on the settlement of account from the day of liquidating accounts between the parties and ascertaining the balance; on money received to the use of another, and retained without the owner's knowledge, and on money withheld by an unreasonable and vexatious delay of payment. [R. S. 1845, p. 294, § 2.

3. ON JUDGMENT, AWARD, REPORT, VERDICT.] § 3. Judgment recovered before any court or magistrate shall draw interest at the rate of six per centum per annum from the date of the same until satisfied. When judgment is entered upon any award, report or verdict, interest shall be computed at the rate aforesaid, from the time when made or rendered to the time of rendering judgment upon the same, and made a part of the judgment. [R. S. 1845, p. 294, § 2.

4. TEN PER CENT. MAY BE CONTRACTED FOR.] § 4. In all written contracts it shall be lawful for the parties to stipulate or agree that ten per cent. per annum, or any less sum of interest, shall be taken and paid upon every $100 of money loaned or in any manner due and owing from any person or corporation to any other person or corporation in this state. [L. 1847, p. 98, § 1. L. 1857, p. 45, § 1. 5. NO GREATER RATE SHALL BE CONTRACTED FOR.] § 5. No person or corperation shall, directly or indirectly, accept or receive, in money, goods, discounts, or thing in action, or in any other way, any greater sum or greater value, for the loan, forbearance or discount of any money, goods or thing in action, than as above prescribed. [R. S. 1845, p. 295, § 3.

6. PENALTY FOR CONTRACTING FOR MORE THAN TEN PER CENT.] § 6. If any person or corporation in this state shall contract to receive a greater rate of interest or discount than ten per cent. upon any contract, verbal or written, such person or corporation shall forfeit the whole of said interest so contracted to be received, and shall be entitled only to recover the principal sum due to such person or corporation. [L. 1857, p. 46, § 3.

7. USURY MUST BE PLEADED.] § 7. The defense of usury shall not be allowed in any suit, unless the person relying upon such defense shall set up the same by plea, or file in the cause a notice in writing, stating that he intends to defend against the contract sued upon or set off, on the ground that the contract is usurious.

8. WHEN CONTRACTS PAYABLE OUT OF THE STATE GOVERNED BY LAWS OF THIS STATE.] § 8. When any bond, bill, draft, acceptance, mortgage, or other contract, shall have been or shall be made in this state, or between citizens of this state, or a citizen of this state and any other state, territory or country, bearing interest at a rate lawful by the laws of this state, may be made payable in any other state, territory or country, such contracts shall be governed by the laws of this state. [L. 1857, p. 38, § 1.

9. CONSTRUCTION.] $9. Whenever, in any statute, act, deed, written or verbal contract, or in any public or private instrument whatever, any certain rate of interest is, or shall be mentioned, and no period of time is stated for which such rate is to be calculated, interest shall be calculated at the rate mentioned, by the year, in the same manner as if " per annum" or "by the year" had been added to the rate.

10. COMPUTATION OF TIME.] § 10. In all computations of time, and of interest and discounts, a month shall be considered to mean a calendar mouth, and a year shall consist of twelve calendar months; and in computations of interest or discount for any number of days less than a month, a day shall be considered a thirtieth part of a month, and interest or discount shall be computed for such fractional parts of a month upon the ratio which such number of days shall bear to thirty. [L. 1865, p. 128, § 1.

11. CORPORATIONS NOT TO PLEAD USURY.] § 11. No corporation shall hereafter interpose the defense of usury in any action. [L. 1853, p. 34, § 1.

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

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AN ACT to revise the law in relation to jails and jailers. [Approved March 3, 1874. In force July 1, 1874.]

1. JAIL.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That there shall be kept and maintained, in good and sufficient condition and repair, a common jail in each county within this state, at the permanent seat of justice for such county. [R. S. 1845, p. 296, § 1.

2. SHERIFF JAILER.] § 2. The sheriff of each county in this state shall be the keeper of the jail of the county, and have the custody of all prisoners in such jail. [R. S. 1845, p. 296, § 2.

3. ASSISTANT JAILER. § 3. He may appoint an assistant jailer under him, and remove him at pleasure, for whose conduct he shall be responsible. [R. S. 1845, p. 296, § 3.

4. TO RECEIVE AND CONFINE PRISONERS.] § 4. The keeper of the jail shall receive and confine in such jail, until discharged by due course of law, all per sons who shall be committed to such jail by any competent authority. [R. S. 1845, p. 296, § 3.

5. UNITED STATES PRISONERS.] § 5. The provisions of the preceding section. shall extend to persons detained or committed by authority of the United States, as well as of this state. [R. S. 1845, p. 297, § 9.

6. PENALTIES FOR FAILING TO RECEIVE, ETC., UNITED STATES PRISONERS FEES, ETC.] § 6. The keeper of the jail shall be liable, for failing to receive and safely keep all persons delivered under the authority of the United States, to like pains and penalties as for similar failures in the case of persons committed under the authority of this state: Provided, always, the marshal or person deliv ering such prisoner shall pay, or cause to be paid, for the use and keeping of such jail, at the rate of fifty cents per month, for each person that shall, under their authority, be committed thereto, and also to the jailer such fees as he would be entitled to for like services rendered, in virtue of the existing laws of this state, during the time such prisoner shall be therein confined, and, moreover, shall support such of the said prisoners as shall be committed for offenses. [R. S. 1845, p. 297, § 10.

7. CALENDAR.] § 7. The keeper of the jail shall keep an exact calendar of all persons committed to jail, registering therein the names of all prisoners, their places of abode, if known, the time, cause and authority of their commitment, and a description of the persons of such as are committed on criminal prosecutions; also the time and manner of their discharge.

8. REPORT OF PRISONERS TO COURT.] § 8. At the opening of each term of the criminal court of Cook county, and in other counties of the circuit or county court at which criminal business may be transacted, the keeper of the jail of the county shall return to the court a list of all prisoners in his custody, specifying the causes for which and the persons by whom they were committed, and produce and exhibit therewith, for the inspection of the court, his calendar of prisoners; and whenever others are committed during a term of the court, he shall make like return as to them.

9. SHERIFF MAY BE IMPRISONED IN JAIL-CORONER.] § 9. The sheriff may be imprisoned in the jail of his county, and for the time he is so imprisoned the coroner shall be keeper of the jail, and perform all the duties of the sheriff in regard thereto, and shall, by himself and his sureties, be answerable for the faithful discharge of his duties as such keeper. [R. S. 1845, p. 299, § 15.

10. WHEN OTHER JAIL MAY BE USED.] § 10. When there is no jail in a county, or the jail of the county is insufficient, the sheriff may commit any person in his custody, either on civil or criminal process, to the nearest sufficient jail of another county, and the keeper of the jail of such other county shall receive and confine such prisoner, until removed by order of the court having jurisdiction of the offense, or discharged by due course of law. [L. 1855, p. 193, § 1.

11. SEPARATION OF PRISONERS.] § 11. Debtors and witnesses shall not be confined in the same room with persons committed for crimes; male and female prisoners shall not be kept in the same room; minors shall be kept separate from notorious offenders and those convicted of a felony or other infamous crime; and persons charged with or convicted of an offense not infamous, from those charged with or convicted of infamous crimes. [R. S. 1845, p. 296, § 4.

12. WHEN JAIL INSUFFICIENT.] § 12. Whenever the keeper of the jail of any county deems such jail insufficient to secure the prisoners confined therein, he shall give notice thereof to the county board. [R. S. 1845, p. 297, § 11.

13. EMPLOYMENT OF GUARD.] § 13. Whenever the keeper of any jail shall have in his custody any person charged with a capital offense or other high crime, and there is no jail in his county, or the jail is insufficient, he may, with the advise of the judge of the circuit court, or, in the county of Cock, of either of the judges of the criminal court of Cook county, or, in any county with the advise of the judge of the county court of such county, employ a sufficient guard, not exceeding three persons, for the guarding and safe keeping of such prisoner in his own county. The expense of such guard shall be audited and paid as other county expenses. [R. S. 1845, p. 297, § 11.

14. REMOVAL IN CASE OF DISEASE.] § 14. If disease breaks out in any jail, which, in the opinion of the county board, may endanger the lives or health of the prisoners to such a degree as to render their removal necessary, the county board may cause the prisoners to be removed to some suitable place within the same county, or to the jail of some convenient county, where they may be confined until they can be safely returned to the place whence they were removed. Any place to which the prisoners are so removed shall, during their imprisonment there, be deemed, as to such prisoners, a prison of the county in which they were originally confined; but they shall be under the care, government and direction of the jailer of the county in which they are confined.

15. REMOVAL IN CASE OF FIRE.] § 15. Whenever, by reason of any jail or any building contiguous or near thereto being on fire, there is reason to apprehend that the prisoners confined in such jail may be injured or endangered thereby, the keeper thereof shall remove the prisoners to some safe and convenient place, and there confine them so long as may be necessary.

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