« ZurückWeiter »
ATTACHMENTS OF BOATS AND VESSELS.
claims; claims of mariners, &c., preferred.
which boat is found, on making affidavit and
injured parties under it.
contents; bill of particulars to be filed; trial;
leased. 6. Attachment not to affect other creditors, &C.,
after three months from time debt accrued.
Section 1. Boats and vessels of all descriptions, built, repaired or equipped, or running upon any of the navigable waters within the jurisdiction of this State, shall be liable for all debts contracted by the owner or owners, masters, supercargoes or consignees thereof, on account of all work done, supplies or materials furnished by mechanics, tradesmen and others, for, on account of, or towards the building, repairing, fitting, furnishing or equipping such boats and vessels, their engines, machinery, sails, rigging, tackle, apparel and furniture; and such debts shall have the preference of all other debts due from the owners, or proprietors, except the wages of mariners, boatmen and others, employed in the service of such boats and vessels which shall first be paid.
Sec. 2. Any person having a demand, contracted as before mentioned, against any such boat or vessel, may have an attachment to be issued out of any court, or by any justice of the peace having jurisdiction thereof, in any county in this State, in which such boat or vessel may be found, either against the owner or owners, by their proper names, or by the name and style of their co-partnership, if known, otherwise against such boat or vessel, by her name or description only, authorizing and directing the seizure and detention of the same, with her engine, machinery, sails, rigging, tackle, apparel and furniture, by the sheriff or constable, upon affidavit being made of the justice of such demand, and bond given by the plaintiff, as in other cases of attachment: Provided, That in all cases, where such proceedings are instituted against such boat or vessel by her name or description only, the bond to be given by the plaintiff, shall be made payable to the people of the State of Illinois, but for the use and benefit of the owner or owners of such boat or vessel, who may institute a suit thereon, if damages be occasioned by the issuing of such attachment, and have recovery thereon in the same manner as if said bond had been given to such person or persons by their proper names, or in the name and style of their co-partnership.
Sec. 3. Upon the return of such attachment, the person or persons having demands of the description aforesaid, and for whose benefit such attachment was issued, shall file a written declaration or statement, against such boat or vessel, by her name or description, or against the owner or owners, if known as aforesaid, briefly reciting the nature of the demand, whether for work done, or materials, firewood, or supplies of provisions furnished, and whether at the request, of the
owner, master, supercargo, or consignee of such boat or vessel, and that such demand remains unpaid ; annexing to such declaration or statement, a bill of the particulars constituting such demand, in separate and distinct items; and the like proceedings shall be had in all other respects, and the like judgment and execution as in other cases of attachment.
Sec. 4. All engineers, pilots, mariners, boatmen and others employed in any capacity, in or about the service of any such boat or vessel, who may be entitled to arrearages of wages in consequence of such service, may proceed to collect such wages under the provisions of this chapter, and shall be entitled to all the benefits hereof.
Sec. 5. If the owner or owners, master, supercargo or consignee of any such boat or vessel, seized by attachment as aforesaid shall, at any time before final judgment, give bond to the plaintiff, with security to be approved by the clerk of the circuit court, or by the judge in term time, (or justice of the peace as the case may be,) in double the amount of the demand sued for, and a sufficiency to discharge all costs which may accrue thereon, conditioned to pay and satisfy such judgment as the court (or justice of the peace) may render against such boat or vessel or defendant party, together with the costs of suit, then such boat or vessel shall be forthwith discharged from such attachment, seizure and detention ; but shall nevertheless, be liable to be taken and sold on any execution to be issued on such judgment or upon the judgment which may be rendered at any time on the bond required to be given by the defendant party as aforesaid.
Sec. 6. No creditor shall be allowed to enforce the lien created under the provisions of this chapter, as against, or to the prejudice of any other creditor, or subsequent incumbrancer, or bona fide purchaser, unless suit be instituted to enforce such lien as provided in this chapter, within three months after the indebtedness accrues or becomes due, according to the terms of the contract.
APPROVED: March 3, 1845.
ATTTORNEYS AND COUNSELLORS AT LAW.
&c., without license; rights.
names of attorneys shall be entered; oath to
be endorsed on license. 4. No person shall practice, unless enrolled; jus
tices of supreme court may strike from the
roll for mal-conduct in office. 5. If attorney refuses or neglects to pay over
money collected, how punished. 6. Attorneys, judges, &c., may be arrested and
held to bail, but privileged when attending court.
law; attorneys to take oath before being en
rolled. 8. Oath of office. 9. Persons licensed in other States may practice in
this State. 10. Fees, &c., received by person not licensed, may
be recovered back; penalty for signing rec
ords, &c., if not authorized. 11 Parties may prosecute and plead in person;
nothing herein to affect attorneys already ad
mitted. 12. Attorneys from neighboring States may practice
in this State.
Section 1. No person shall be permitted to practice as an attorney or counsellor at law, or to commence, conduct, or defend any action, suit or plaint, in which he is not a party concerned, in any court of record within this State, either by using or subscribing his own name, or the name of any other person, without having previously obtained a license for that purpose from some two of the justices of the supreme court, which license shall constitute the person receiving the same an attorney and counsellor at law, and shall authorize him to appear in all the courts of record within this State, and there to practice as an attorney and counsellor at law, according to the laws and customs thereof, for and during his good behavior in said practice, and to demand and receive all such fees as are or hereafter may be established for any services which he shall or may render as an attorney and counsellor at law in this State.
Sec. 2. No person shall be entitled to receive a license as aforesaid, until he shall have obtained a certificate from the court of some county, of his good moral character.
Sec. 3. It shall be the duty of the clerk of the supreme court to make and keep a roll or record, stating at the head or commencement thereof, that the persons whose names are therein written, have been regularly licensed and admitted to practice as attorneys and counsellors at law within this state, and that they have duly taken the oath to support the constitution of the United States and of this State, and also the oath of office as prescribed by law, which shall be certified and endorsed on the said license.
Sec. 4. And no person whose name is not subscribed to or written on the said roll, with the day and year when the same was subscribed thereto, or written thereon, shall be suffered or admitted to practice as an attorney or counsellor at law within this State, under the penalty hereinafter mentioned, any thing in this chapter to the contrary notwithstanding; and the justices of the supreme court, in open court, shall have power at their discretion, to strike the name of any attorney or counsellor at law from the roll for mal-conduct in his office.
Sec. 5. In all cases when an attorney of any court in this State, or solicitor in chancery, shall have received, or may hereafter receive, in his said office of attorney or solicitor, in the course of collection or settlement of any claim left with him for collection or settlement, any money or other property belonging to any client, and shall, upon demand made, and a tender of his reasonable fees and expenses, refuse or neglect to pay over or deliver the same 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 solicitor should not be stricken from the roll; a copy of which rule shall be duly served upon said attorney or solicitor, at least two days previous to the day upon which said rule shall be made returnable: 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 refused or neglected 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.
Sec. 6. Every attorney, before his name is stricken off the roll, shall receive a written notice from the clerk of the supreme court, stating distinctly the grounds of complaint, or the charges exhibited against him, and he shall, after such notice, be
heard in his defence, and allowed reasonable time to collect and prepare testimony for his justification. And every attorney whose name shall at any time be stricken from the roll by order of the court in manner aforesaid, shall be considered as though his name had never been written thereon until such time as the said justices, in open court, shall authorize him to sign or subscribe the same.
Sec. 7. All attorneys and counsellors at law, judges, clerks and sheriffs, and all other officers of the several courts within this state, shall be liable to be arrested and held to bail, and shall be subject to the same legal process, and may in all respects be prosecuted and proceeded against in the same courts, and in the same manner as other persons are, any law, usage or custom to the contrary notwithstanding: Provided nevertheless, Said judges, counsellors, or attorneys, clerks, sheriffs and other officers of said courts, shall be privileged from arrest while attending courts, and whilst going to and returning from court.
Sec. 8. No person who holds a commission, as a justice of the supreme court, or as judge of any circuit court, or county commissioner, shall be permitted to practice as an attorney or counsellor at law in the court in which he presides as justice of the supreme or circuit court, or county commissioner; nor shall any coroner, sheriff, deputy sheriff, jailer or constable, be permitted to practice as aforesaid in the county in which he is commissioned or appointed, nor shall any clerk of the supreme court, circuit court, or court of the county, be permitted to practice as an attorney or counsellor at law in the court of which he is clerk, and no person shall be permitted or suffered to enter his name on the roll or record, to be kept as aforesaid, by the clerk of the supreme court, or do any official act appertaining to the office of an attorney or counsellor at law, until he hath taken an oath to support the constitution of the United States and of this State, and the person administering such oath, shall certify the same on the license, which certificate shall be a sufficient voucher to the clerk of the supreme court, to enter or insert or permit to be entered or inserted on the roll of attorneys and counsellors at law, the name of the person of whom such certificate is made.
Sec. 9. The following oath of office shall be administered to every attorney and counsellor at law, before they subscribe the respective rolls, to-wit: “I swear, or affirm, that I will in all things, faithfully execute the duties of an attorney and counsellor at law, according to the best of my understanding and abilities.” Sec. 10. Any person producing a license or other satisfactory voucher,
, proving that he hath been regularly admitted an attorney at law, in any court of record within the United States, that he is of good moral character, may be licensed and permitted to practice as a counsellor and attorney at law, in any court in this State without examination.
Sec. 11. If any person not licensed as aforesaid, shall receive any money or any species of property, as a fee or compensation for services rendered, or to be rendered by him, as an attorney, or counsellor at law within this State, all
money so received by him shall be considered as money received to the use of the person paying the
may be recovered back, with costs of suit, by an action for money had and received ; and all property delivered or conveyed for the purpose aforesaid, or the value thereof, may be recovered back, with costs of suit, by the person conveying or delivering the same, by action of detinue, or trover and conversion, and the person receiving such money or property shall forfeit three-fold the amount or value thereof, to be recovered, with costs of suit, before any magistrate, if within a magistrate's jurisdiction; but if not, in any court of record within the
State, by action of debt, qui tam, the one-half to the use of the person who shall sue for and recover the same, and the other half to the use of the county in which such suit shall be brought; and if any person shall sign or cause to be signed the name of an attorney, or either of the justices of the supreme court, to any certificate or license provided for in this section, with an intent to deceive, such person shall be deemed guilty of forgery, and shall be prosecuted and punished accordingly.
Sec. 12. Plaintiffs shall have the liberty of prosecuting, and defendants shall have the privilege of defending in their proper persons, and nothing herein contained shall be so construed as to affect any person or persons heretofore admitted to the degree of an attorney or counsellor at law, by the laws of this State, or of the Illinois territory, so as to subject them to further examination, or make it necessary for them to renew their licenses.
Sec. 13. Hereafter, when any counsellor or attorney at law, residing in any of the adjacent States or territories, may desire to practice law in this state, such counsellor or attorney shall be allowed to practice in the several courts of law and equity in this State, upon the same terms, and in the same manner that counsellors and attorneys at law residing in this State now are, or hereafter may be admitted to practice law in such adjacent States or Territories.
APPROVED: March 3, 1845.
ATTORNEY GENERAL AND CIRCUIT ATTORNEYS.
once in two years; their residence; their
duties; how commissioned. 2. Each to give official bond; Governor may re
quire additional bond; if bond not given in
sixty days, office to be vacated. 3. Duty of attorney general; shall attend supreme
court, try cases for State and for counties; try
impeachments; give advice to officers of State. 4. Attorney general and circuit attorneys shall at
tend circuit courts; their duties as circuit at
torneys. 5. Shall attend examinations on writs of habeas
corpus, and examinations for felonies. 6. When interested in cause, absent, &c., court
may appoint substitute, with same powers, du
ties and fees.
to assist him.
Section 1. There shall be elected by the General Assembly on joint vote, once in every two years, an attorney general, who shall reside at the seat of government, and perform such duties as are by this chapter, or may hereafter be prescribed by law; and one circuit attorney in each judicial circuit, excepting that in which the seat of government is situated. Such circuit attorneys shall reside in the circuits for which they may be respectively elected, and shall perform such duties as are herein prescribed, or may be hereafter imposed by law. The attorney general shall be ex officio the circuit attorney for the circuit in which he resides, and shall perform the same duties therein, as other circuit attorneys are or may be required to perform; such officers, when so elected, shall be commissioned by the Governor.
Sec. 2. Previous to being commissioned as aforesaid, each of the said officers shall file in the office of the secretary of State, a bond, the attorney general in