Imagens das páginas

to own more than five hundred dollars of personal property, nor more than ten acres of land.

Sec. 5. That this act shall be in force from and after its passage,

APPROVED, March 6th, 1843.

[ocr errors]

AN ACT amending the several acis relating to attachments.

In force,

Feb. 23, 1843. Sec. l. Be it enacted by the People of the State of Nlinois, represented in the General Assembly, That whenever any creditor, his agent or attorney, shall make oath or affirmation before any justice of the peace in this State, that any person, Justices of the being a non-resident of this State, is indebted to such creditor peace muy in a sum not exceeding fifty dollars, it shall be lawful for such issue attach

ment against justice to issue an attachment against the personal estate of non-resident such non-resident, to any constable of said county, returnable debtors in

certain cases before said justice, according to the provisions of an act reg. ulating proceedings by attachment before justices of the peace, approved February twenty-seventh, one thousand eight hundred and thirty-seven. This act to take effect from and after its passage.

APPROVED, February 23d, 1843.

AN ACT to compensate Henry Brown, for services rendered as State's In force, Attorney in the seventh judicial circuit,

Jan. 28, 1843 Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the Auditor of Public Accounts be and lie is hereby required to draw his warrant Appropria on the treasury, in favor of Henry Brown, for one hundred and to H Brown thirty-four dollars and twenty-five cents, for services rendered the State as prosecuting attorney, in the seventh judicial ɔircuit.

APPROVED, January 28th, 1843.

AN ACT concerning Attorneys and Counsellors at law.

In force,

Mar. 4, 1843. Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in all cases when an attorney of any court in this' State, or solicitor in chancery, Attorneys de shall have received, or may hereafter receive, in his said office solicitore reof attorney or solicitor, in the course of collection or settlement fusing to pay of any claim left with him for collection or settlement, any collected by money or other property belonging to any client, and shall, them to be upon demand made, and a tender of his reasonable fees and stricken from expenses, refuse or neglect to pay over or deliver the same

the rolls

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 soliciter should not be stricken from the roll, a copy of which rule shall be duly served upon said attorney, at least two days previous to the day upon which said rule shall be made returnaule; and if, upon the return of said rule, it shall be made to appear to the said court, that such attorney or solicitor has improperly neglected or refused 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, and the said attorney or solicitor shall forever thereafter be debarred from practising as attorney or solicitor in any of the courts of this State. This act to take effect from and after its passage.

APPROVED, March 4th, 1843.

In force, AN ACT to appoint a board of auditors to settle the accounts with R. F. Mar. 1, 1943.

Barret, late Fund Commissioner.

Sec. 1. Be it enacted by the People of the State of Illinois, Gov. Auditor represented in the General Assembly, That the Governor, Audiand Treasur-tor, and Treasurer' be and they are hereby authorized and er to settle required to investigate the accounts of Richard F. Barret, late of R. F. Bar Fund Commissioner of the State of Illinois, and adjust the ret late Fund same on the principles of justice and equity; that if, on such Com'r settlement, any amount should be found in favor of or against

the said Fund Cornmissioner, they shall pay or receive in payment, such funds as they shall think the justice of the case requires to liquidate the amount.

APPROVED, March 1st, 1843.

In force,

AN ACT to amend an act entitled "An act to consolidate the acts relative Mar. 4, 1843. to the Auditor and Treasurer and election of Attorneys General, approved

March 20, 1833."

Sec. 1. Be it enacted by the People of the State of Ilinois, represented in the General Assembly, That an act entitled “an act concerning the payment of the revenue and for other

purCertain acte poses," approved January 16th, 1836; also, an act entitled repealed

"an act to provide for the safe keeping and security of the public money,” approved March 4th, 1837; also, an act entitled "an act to regulate the interest on Auditor's warrants," approved February 21st, 1839; and also, an act entitled "an act changing the place of depositing the public money,” approved March 1st, 1839, be and they are hereby repealed;


and the act to which this is an amendment is hereby revived.

Sec. 2. The eighteenth section of the act to which this is amendatory is hereby repealed,

Sec. 3. 'It shall be the duty of the Treasurer, before de- Treasurer to positing with the Auditor the warrants which may be in his cancel warhands at the time of making his monthly report, as required in the sixteenth section of the act to which this is amendatory, to write the word "cancelled" in red ink across the face of each of such warrants.

SEC. 4. In case of the violation of the condition of the bond Treasurer of the Treasurer, suit may be instituted and prosecuted to may be sued final judgment against such Treasurer or his securities, or any one or more of them jointly or severally, without first establishing the liability of the Treasurer by obtaining judgment against him alone.

Sec. 5. The Auditor of Public Accounts and the Treasurer Auditor and shall, under no pretence whatever, hereafter employ the same

Treasurer not

to employ the person or persons as clerk or clerks in both their respective

same clerks offices, at the same time.

APPROVED, March 4th, 1813.


AN ACT in relation to the State Bank of Illinois and Bank of Illinois.

In force,

Dec. 22, 1842. Sec. 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That all debts and demands Deb's doe

banks may he due, by note or otherwise, unto the president, directors and paid in bills company of the Bank of Illinois, or to the State Bank of Illi- of the same inois, or that may hereafter become due unto either of said banks, may, after or before suit brought thereon, be discharged and paid in the notes and bills of said banks respectively, to which said debt or demand may be due, whether the same be in possession of the said bank or banks, or assigned, or transferred to any corporation, person, or persons. This act to take effect from and after its passage.

APPROVED, December 22, 1842.

AN ACT 10 diminish the State debt, and put the State Bank into liquidation. In force,

Jan. 24, 1843. Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the Governor shall Bank canı'r nominate, and by and with the consent of the Senate, appoint appointed a bank cominissioner, who shall be commissioned by the Goverzor, and before entering upon the discharge of his duties, shall sworn take and subscribe the following oath, or affirmation, to wit; “I do solemnly swear (or affirm,) that I am not directly or indi. Form of oach rectly interested in the affairs of the State Bank of Illinois, as a stockholder, as a creditor, or as a debtor, and that I will faithfully, justly, and impartially discharge, all the duties

Com'r to be

tion of com'r

reqnired of me by law, as bank commissioner;" and who, under To give bond the direction of the Governor, shall execute an offieial bond

conditioned for the faithful performance of the duties imposed Compensa- upon him by this act. Said commissioner shall receive such

compensation for services actually performed, not exceeding

three dollars per day, as may be allowed by the Governor, and T'erm of office shall hold his office for two years, unless sooner removed by Gov, may re

the Governor for good cause, to be communicated to the next move com'r session of the General Assembly; and if any such removal for cause, and shall be made, the Governor shall have power to fill the fill vacancy

vacancy by an appointment, to endure until the end of the

next succeeding session of the General Assembly. State Bank to Sec. 2. The State Bank of Illinois is hereby required to go so into liqui' into immediate liquidation, and within thirty days after the pay out specie passage of this act, to pay out all its specie at the counter of io creditors her principal bank at Springfield, except fiftcen thousand

dollars, on all liabilities to nnte holders and depositors, whether of the principal bank or branches, and upon all its indebt

edness, except to stockholders, and upon the real cstate fund, Proviso

as the same may be presented for payment; Provided, however, that the said bank shall immediately take an account of the specie on hand, and alsó, of the amount of the immediate liabilities to note holders, depositors, and other such creditors,

and shall not pay out more spécie to any one creditor, than Payment in specie to be his fair proportion; in other words, the payments in specie

aforesaid shall be pro rata amongst the creditors aforesaid,

and the said bank is hereby required to make out and deliver Certificates to certificates, signed by the president and cashier, to each he issuel to creditor for the residue of his debt, after deducting the pay. balance due ment in specie from the whole amount, which certificate shall to he register- be registered by the commissioner, in a book to be kept by

him for that purpose; said certificates to be issued in such sums

as will suit the convenience of the creditors of the bank, which Certificates receivable for certificates shall be received in payment of any debt die the debts due the bank, and also in payment for any real or personal estate purbank and for chased of the bank, or for the redemption of any land purits property chased or to be purchased by the bank under execution;

Provided, that no certificate shall be issued for a lcss sum than Dividend to

ten'dollars; and it is further provided, that every twelve months be declared

after the first dividend and distribution herein provided for, every twelve months the said bank, or the receivers thereof, hereafter provided for,

shall take an account of liabilities as aforesaid, and pay out pro rata, as aforesaid, the amount of specie that may be on hand, to the bill and certificate holders of said bank, the in

debtedness to stockholders on account thereof, excepted; And Bank not to provided further, that the bank shall not, directly or indirectly purchase cer- through its officers, agents, or otherwise, purchase any of the tificates

certificates issued under the provisions of this act.

SEC. 3. Suid bank is hereby required to go into immediPewers which bank shall

ate liquidation upon the passage of this act; it shall not in not exercise future discount any note, lend any money, buy or sell any bill

pro rata

creditors for


op their

of exchange, issue any paper for circulation, or receive any deposites, nor do any other act usually done by banks, except to wind up its affairs, collect and secure debts, and pay the Powers redebts of the bank, sell its real and personal estate, issue the the bank certificates for balances, provided for in the second section of this act, renew the notes of its debtors, from time to time, upon the payment of instalments of one-fifth each time, and to sue and be sued, in relation to all its dealings; for which purposes, and for no others whatever, the charter of said bank is Charter con

tinued fur four continued for the term of four years, from the fourth day of March next and no longer. SEC. 4. The aforesaid creditors of the said bank shall, before Creditors of

bank to give they shall be entitled to the certificates aforesaid, deliver up to the bank, all notes and other evidences of debt held by claims before them, and receipt for all judgments and other demands in receiving cer

lificates favor of such creditors against said bank.

Sec, 5. The bank commissioner aforesaid shall superintend Powers of the proceedings of said bank, and shall act as a director on bank com'r the part of the State; he shall exercise due vigilance over the proceedings of said bank, and for that purpose, he shall have free access to the books, papers, vouchers, vaults, and cash of said bank, and shall have power in prosecuting his enquiries, officers of

May examine to administer an oath to the president, directors, cashier, bank on oath tellers, clerks, and all other persons, and compel them, or either of them, to testify in relation to the said bank, or in relation to any matter or thing touching the proceedings of its officers, effecting the interest of the State, the creditors of the bank, or of the stockholders, and upon the refusal of any of them to be sworn or testify, he shall have power to issue May commit his warrant to any sheriff, and commit such president, cashier, persons retter clerk, teller, or other person, to the common jail of the county io jail until he or they'shall consent to be sworn or testify, as the case may be; Provided, that said commissioner shall be liable to Proviso the party aggrieved for any abuse of the powers hereby conferred upon him. If the said commissioner shall at any time discover that any dishonest practices are countenanced by said bank, or any of its officers, in the management of its business, or that it is about to violate any provision of law, com'r may then the said commissioner shall immediately certify the fact apply for an to some justice of the Supreme Court, whose duty it shall injunction thereupon be to issue an injunction against said bank, which Duty of judg

es to issue an shall be executed as in other cases, and made returnable to

injunction on the circuit court of Sangamon county, sitting as a court of certificate of chancery, and shall be proceeded in as in other cases of'r cery, except that the said circuit court of Sangamon county, on the chancery side thereof, shall always be and remain open co. always

of Sangamon to hear causes arising under this act. The injunction to be open to hear issued shall absolutely restrain the said bank, and all officers suid cause and persons connected with it, from doing any act whatever, Effect of in

junction in relation to the matter enjoined, until the further order of the said court. "The judge who issued the injuộction shall

[ocr errors]

Circuit court

« AnteriorContinuar »