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CHAPTER VII.

ARBITRATIONS AND AWARDS.

SECTION

SECTION 1. Persons competent, may arbitrate matters not in 8. Aggrieved party may have judgment at next term, suit; judgment of proper court may be render

for amount of award and costs. ed on the award.

9. Proceedings when award is other than for the 2. When parties to suits agree to arbitrate, order of payment of money.

court may be entered; arbitrators, how se 10. In what cases court may set aside the award. lected.

11. Court may modify or correct award in case of 3. Duty of arbitrators; to appoint time and place

mistake, etc. of meeting; may adjourn for good cause. 12. Applications to set aside or correct awards; 4. Arbitrators shall be sworn; by whom oath may

when to be made; chancery jurisdiction rebe adıninistered.

served.
6. Who may issue subpanas; attendance of wit 13. Writs of error and appeals allowed.

nesses compelled. Arbitrators may administer 14. Fees of arbitrators; witnesses and officers.
oaths, punish contempts, admit depositions to 15. Arbitrators may be compelled to report.
be read.

16. When matter in suit is referred, cause con6. Award shall be in writing; shall be signed and

tinued. copies delivered to parties. 7. Either party not complying, right of the other to

file papers in court. Section 1. All persons having the requisite legal capacity, may, by an instrument in writing, to be signed and sealed by them, and attested by at least one witness, submit to one or more arbitrators, any controversy existing between them, not in suit; and may in such submission agree that a judgment of any court of record competent to have jurisdiction of the subject matter, to be named in such instrument, shall be rendered upon the award made pursuant to such submission.

Sec. 2. Whenever the parties to any suit pending in any court of record, shall be desirous and willing to submit the matters involved in such suit to the decision of arbitrators, an order shall be entered directing such submission to three impartial and competent persons, to be named in such order ; such arbitrators to be agreed upon and named by the parties. But if the parties are unable to agree, each shall name one, and the court the third.

Sec. 3. The arbitrators appointed in pursuance of the foregoing provisions, or a majority of them, shall proceed with diligence to hear and determine the matters in controversy. They shall appoint a place and time for hearing, and adjourn the same from time to time, as may be necessary. And on the application of either party, and for good cause, they may postpone such hearing from time to time, not extending beyond the next term of the court in which the said suit is pending, if the subject matter be in suit.

Sec. 4. Before proceeding to hear any testimony in the cause, the arbitrators shall be sworn, faithfully and fairly to hear, examine and determine the cause, according to the principles of equity and justice; and to make a just and true award according to the best of their understanding, which oath may be administered by any justice of the peace, or clerk of the circuit court, in which the suit is pending. Sec. 5. The several clerks of the circuit courts, and the justices of the peace

in their several counties, may issue subpænas for the attendance of witnesses before arbitrators: If any witness, after being duly summoned, shall fail to attend, the arbitrators may issue an attachment to compel his attendance, and the said witness shall moreover be liable to the party for refusing to attend the same as in trials at law.

Any one of the arbitrators may administer oaths and affirmations to witnesses; they may punish contempts committed in their presence during the hearing of a cause, the same as a court of record, and may admit depositions to be read in evidence, the same as in trials at law.

Sec. 6. The award of the arbitrators, or a majority of them, shall be drawn up in writing, and signed by such arbitrators, or a majority of them, and a true copy of such award shall, without delay, be delivered to each of the parties thereto.

Sec. 7. If either of the parties shall neglect to comply with said award, the other party may, at any time within one year from the time of such failure, file such award, together with the submission or arbitration bond, in the court named in the submission.

Sec. 8. The party filing such award may, at the next term after such filing, by giving four days' notice of his intention, to the opposite party, and if no legal exceptions are taken to such award or other proceedings, have final judgment thereon, as on the verdict of a jury, for the sum specified in said award to be due, together with the costs of arbitration and of the court; and execution may issue therefor as in other cases.

Sec. 9. When the award requires the performance of any act other than the payment of money, the court rendering such judgment shall enforce the same by rule, and the party refusing or neglecting to comply with such rule, may be proceeded against by attachment or otherwise, as for a contempt.

Sec. 10. If any legal defects appear in the award, or other proceedings, or if it shall be made to appear on oath or affirmation, that said award was obtained by fraud, corruption or other undue means, or that such arbitrators misbehaved, said court

may set aside such award. Sec. 11. If there be any evident miscalculation or misdescription, or if the arbitrators shall appear to have awarded upon matters not submitted to them, not affecting the merits of the decision upon the matters submitted, or where the award shall be imperfect in some matter of form, not affecting the merits of the controversy; and where such errors and defects, if in a verdict, could have been lawfully amended or disregarded by the court, any party aggrieved may move the court to modify or correct such award.

Sec. 12. Application to set aside, modify or amend such award, as provided in the two preceding sections, must be made before the entry of final judgment on such award: Provided, Nothing herein contained shall be so construed as to deprive courts of chancery of their jurisdiction as in other cases.

Sec. 13. Writs of error and appeals may be taken from any decision of the court, by the party deeming himself aggrieved, as in other cases; and if the Supreme Court shall remand the case, such further proceedings shall be had as the nature of the case may require.

Sec. 14. Each arbitrator shall be allowed for every day's attendance to the business of his appointment, one dollar, to be paid in the first instance by the party in whose favor the award shall be made, but to be recovered of the other party with the other costs of suit, if the award or final decision shall entitle the prevailing party to recover costs. Witnesses shall receive the same fees for attendance at arbitra

tions, as shall be allowed them in the circuit courts. Sheriffs, constables, clerks , and justices of the peace, shall be entitled to the same fees for services performed

in relation to any arbitration, as shall be allowed by law for the like services in their respective courts.

Sec. 15. Arbitrators may be compelled by order of the court in which any cause submitted to them shall be pending, to proceed to a hearing thereof, and to make report without unnecessary delay.

Sec. 16. When any cause pending in any court, shall be referred, as herein provided, an entry of such reference shall be made on the record, and day shall be given to the parties, from time to time, until the arbitrators report, or they be thereof discharged, on filing such report.

APPROVED: March 3, 1845.

CHAPTER VIII.
ATTACHMENTS BEFORE JUSTICES.

SECTION
1. Affidavit to be filed by creditor; what facts it

shall contain; writ of attachment may issue;

against what property; when writ returnable. 2. Form of writ. 3. Bond to be taken; its penalty; condition. 4. Form of condition of bond. 5. Duty of constable; writ how served; return ;

property may be pursued to any county. 6. Want of form, how amended; when attachment

may be quashed.
7. Duty of justice in case of service or appear.

ance; if there be no service or appearance,
case continued, and ten days' notice given;

substance and proof of notice.
8. Duty of justice in such case, to try, render judge

ment and order sale; continuance. 9. Garnishees to be summoned to answer; return

to such summons. 10. Justice to make entry; continue as to garni

shee: try as to defendant.
11. If judgment be against defendant, garnishees

summoned to appear, &c.; judgment and exe-
cution against them.

SECTION
12. If garnishee appear, trial to be had; its incidents ;

judgment therein.
13. Effect of judgment in attachment; execution not

to issue until property is sold. 14. If defendant is not personally served, what prop

erty may be sold; defendant may retain property by giving bond; its conditions; duty of

constable; right of plaintiff. 15. Several judgments of equal date, equally binding;

proviso as to property re-captured out of county. 16. Rights of garnishees as to their defence. 17. Execution not to issue against garnishee until

debt be due. 18. Garnishee may

deliver up effects of defendant. 19. Proceedings against non-resident joint debtors,

how instituted, and conducted; what property

liable in such cases.
20. Right of property may be tried.
21. Affidavit, how sworn to.
22. Construction of this chapter.
23. Abatement of suits in attachment.

Section 1. If any creditor, his agent or attorney, shall file an affidavit with any justice of the peace in this state, setting forth that any person is indebted to such creditor, in a sum not exceeding one hundred dollars, and that such debtor has departed, or is about to depart from this State, with the intention of having his effects removed from this State; or is about removing his property from this State, to the injury of such creditor ; or that such debtor conceals himself, or stands in defiance of an officer, so that process can not be served upon him; or that such debtor is not a resident of this state, it shall by lawful for the justice to grant a writ of attachment against the personal estate, goods, chattels, rights, moneys and effects of the debtor, directed to any constable of liis county, and returnable within thirty days from the date thereof.

Sec. 2. The writ of attachment required in the preceding section, shall be, substantially in the following form: State of ILLINOIS,}

Sct.

The people of the State of Illinois, to any constable of said county, greeting: Whereas, A. B., (or agent or attorney of A. B., as the case may be,) hath complained on oath (or affirmation) before C. D., a justice of the peace in and for said county, that E. F. is justly indebted to the said A. B., in the amount of dollars, and oath (or affirmation) having been also made

that you

that the said E. F. so absconds or conceals himself, or stands in defiance of a peace officer, authorized to arrest him or her, with civil process, so that the ordinary process of law can not be served on him (or her as the case may be,) and the said A. B., having given bond and security according to the directions of the act in such cases made and provided; We therefore, command you

attach so much of the personal estate of the said E. F. to be found in your county as shall be of value sufficient to satisfy the said debt and costs, according to the complaint, and such personal estate so attached, in your hands to secure, or so to provide that the same may be liable to further proceedings thereon, according to law, before the undersigned justice of the peace. And in case personal property of value sufficient can not be found, that you summon all persons whom the plaintiff or his agent shall direct, to appear before said justice, on the

day of

next, then and there to answer what may be objected against him or them, when and where you shall make known how you have executed this writ; and have you then and there this writ. Given under my hand and seal, this day of

18

C. D., Justice of the Peace. Seal. Sec. 3. Upon the issuing of any such writ of attachment, the justice shall take from the creditor, his agent or attorney, a bond to the defendant with good security, to be approved by said justice, in a penalty of at least double the amount of the plaintiff's claim, conditioned that said creditor will pay to the defendant, and to all others interested in such attachment, or the proceedings to grow out of it, all damages and costs which may be sustained by reason of the wrongful sueing out of said attachment.

Sec. 4. The condition of the bond required in the preceding section, shall be substantially as follows: The condition of the above obligation is such that, whereas the above bounden

hath, on the day of the date hereof, prayed an attachment at the suit of against the personal estate of the above named for the sum of

and the same being about to be sued out, returnable on the

before (said Justice.) Now if the said shall prosecute his suit with effect, or in case of failure therein, shall well and truly pay and satisfy the said

all such costs in such suit, and such damages as the said may sustain, by reason of wrongfully sueing out the said attachment, then the above obligation to be void, else to remain in full force and virtue. Witness our hands and seals, this

Seal.

Seal. Sec. 5. The constable to whom any

attachment

may be delivered, shall without delay execute the same, by levying on the personal property of the defendant, of value sufficient to satisfy the debt or damages claimed to be due, and all costs attending the collection of the same; he shall also read the same to the defendant, if the defendant can be found in the county, and make return thereof stating how he has executed the same. If the defendant, or any other person for him shall be in the act of removing such personal property, the officer may pursue and take the same, in any county in this State, and convey the same to the county from which such attachment issued.

Sec. 6. No attachment shall be abated or dismissed for want of form, if the essential matters required in this chapter be substantially set forth: and justices of the

peace shall allow any amendment to be made, of any affidavit, writ, return or

day of

day of

18.

be necessary

bond, or allow a new affidavit or bond to be filed, which may

to obviate objections to the same; and in cases of appeals to the circuit courts, the courts shall allow amendments as aforesaid. And in case a plea in abatement, traversing the facts set forth in the affidavit, shall be filed, and if, on a trial to be had thereon, the issue be found for the defendant the attachment shall be quashed.

Sec. 7. Upon the return of any attachment issued by a justice of the peace, if it shall

appear that the defendant has been personally served with the same; or if such defendant shall appear without such service, the justice shall proceed to hear and determine the cause, as in cases of proceeding by summons. But if it does not appear that the defendant has been served, and no appearance be entered by the defendant as aforesaid, the justice shall continue the case ten days, and shall immediately prepare a notice to be posted up at three public places in the neighborhood of the justice, directed to the defendant, and stating the fact, that an attachment had been issued, and at whose instance, the amount claimed to be due, and the time and place of trial; and also stating, that unless the said defendant shall appear at the time and place fixed for trial, judgment will be entered by default, and the property attached ordered to be sold to satisfy the same; which notice shall be delivered to the constable, who shall post three copies of the same at three public places in the neighborhood of the justice, at least eight days before the day set for trial; and on or before that day he shall return the notice delivered to him by the justice, with an endorsement thereon, stating the time when and the place where he posted copies as herein required.

Sec. 8. When notices shall be given of any proceedings by attachment, as required by the seventh section of this chapter, the justice shall, on the day set for trial of the cause, proceed to hear and determine the same, as though process had been personally served upon the defendant, and if judgment be given against the defendant, shall order a sale of the property attached, or so much thereof as will satisfy the judgment, and all costs of suit. But the constable shall have failed to post the notices as herein required, the justice shall again continue the cause, and require notices to be posted as aforesaid previous to any trial of the cause.

Sec. 9. When any constable shall be unable to find personal property of any defendant sufficient to satisfy any attachments issued under the provisions of this chapter he is hereby required to notify any and all persons within his county, whom the creditor shall designate as having any property, effects or choses in action in his possession or power belonging to the defendant, or who are in any wise indebted to such defendant, to appear before such justice on the return day of the attachment, then and there to answer upon oath what amount he or she is indebted to the defendant in the attachment, or what property, effects or choses in action he or she had in his or her possession or power, at the tiine of serving the attachment. The person or persons so summoned, shall be considered as garnishees, and the constable shall state in his return, the names of all persons so summoned, and the date of service on each.

Sec. 10. When an attachment shall be returned executed upon any person as garnishee, the justice shall make an entry upon the record of his proceedings in the cause, stating the name of each person summoned, and continue the case as to such garnishee, and shall proceed with the cause as against the defendant in the attachment as though the attachment had been levied on personal property.

Sec. 11. When judgment is entered by a justice of the peace against a defendant in attachment, and any person or persons have been summoned as garnishee in

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