tinue in office during the session, at which he shall have been appointed; subject, however, to be removed for any good cause which said council may adjudge; and before entering upon the duties of his office, shall take an oath, that he will take special care of the records, bills, and documents committed to his care, and truly record the proceedings of said council, and deliver the same over to the secretary of state; and in all things faithfully and impartially discharge the duties of his said office; and the council shall, at the end of each session hereafter, give a certificate to the person employed, stating the number of days said secretary shall have served; and the auditor of public accounts on the production of the certificate, shall issue his warrant upon the treasury for the amount due, allowing him three dollars per day. There Peter Smith. shall be allowed to Peter Smith the sum of twenty-five dollars. To Alexander Miller, late cashier of the branch bank at Edwardsville, the sum of one hundred and twenSec. senate and ty-eight dollars. To the secretary of the senate and copy of journals principal clerk of the house of representatives, the sum of two hundred and fifty dollars each, for furnishing a coof the journals for the press. To Robert Goudy the sum of five dollars.

A. Miller.

clerk H. R. for

Auditor

py

SEC. 9. The auditor is hereby authorized and required to draw his warrant on the treasury in favor of the persons herein named, for the sums attached to their names respectively, to be paid out of any money in the treasury not otherwise appropriated. The auditor shall hereafter 12 1-2 cents for be entitled to demand and receive from the person interested, twelve and half cents for each deed issued by him. APPROVED, March 2, 1833.

Shall receive

each deed.

ARBITRATIONS AND REFERENCES.

In force July 1, AN ACT regulating Arbitrations and References.

1827.

agree to submit

Sec. 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That all persons desiDisputants may rous to end any dispute or controversy by arbitration, for to arbitrators, which there is no other remedy but by action at law, or suit in equity, may agree that their submission to arbitration shall be made a rule of the circuit court, and may insert such their agreement in the submission, or in the condition of the bond or promise; which agreement, on prorule of court. ducing an affidavit of the due execution thereof, and filing

&c.

By submission

in writing and

open court.

it in the court, may be entered of record, and a rule of
court shall thereupon be made, that the parties shall sub-
mit to, and be finally concluded by such arbitration; or
such persons desirous to end any dispute or controversy as Or by personal
aforesaid, may personally appear before the circuit court, appearance &
and acknowledge that they have mutually agreed to refer submission in
all their matters of difference, or any particular dispute, to
the arbitrament of certain persons by them agreed on and
named: on their desiring such submission to be made a
rule of court, the same may be entered of record, and a
rule of court shall be made, that the parties shall submit
to and be finally concluded by such arbitration. In eith-
er of the above cases, when the award shall be for the
payment of money only, the same being returned into, and Judgment on
accepted by the court, judgment shall be rendered there-

award.

on for the party in whose favor the award is made, to re- Brus R.230.252
cover the sum awarded, to be paid to him, together with
the costs of arbitration and the costs of court, and execu-

tion may issue thereon accordingly. No judgment shall
No judgment shall No judgment

appear

unless it appear
that a copy of

be entered on any such award, unless it shall appear to shall be entered
the court that a copy of the award and notice to
and shew cause why judgment should not be entered on the award and
the same, has been previously served on the party to be notice to the op-
charged with the judgment, at least four days before the posite party
four days before
motion for judgment shall be made: no judgment shall be motion for judg-
entered on motion as aforesaid, after one year from the ment.
time of making the award.

SEC. 2. When the award shall be for the performance Obedience may
of any thing other than the payment of money, the same be enforced.
being returned into and accepted by the court as afore-
said, obedience thereto may be enforced in the said court,
by attachment, in the same manner, as obedience may be
compelled to any other rule of court.

SEC. 3. Any arbitration, umpirage or award, procured An award or by corruption or undue means, shall be judged void, and umpirage promay be set aside in law or equity; in equity, by proceed- cured by corrupings on original bill, and at law, on motion in the court tion, void. where submission is made a rule of court, or where any suit

or proceedings shall be instituted on the arbitration bond, Objection to be
submission or award. Complaint must be made of such made before
corruption or undue practice, before final judgment upon
the said bond, submission or award.

judgment.

referred.

SEC. 4. When any personal action shall be pending in the circuit court, and the parties desire to refer the same, How actions it may be done by a rule of the court, the report of the pending may be referees being approved by the court, and entered of record, shall have the same effect as the verdict of a jury, and the like judgment shall be entered upon it as if the

ses to attend be

Penalties for

same finding had been by a jury; the costs of the reference shall be taxed with the other costs of the suit.

Process may isSEC. 5. The several clerks of the circuit courts and the sue for witnes-justices of the peace in their several counties, may issue subpenas for the attendance of witnesses before arbitrafore arbitrators. tors and referees: If any witness, after being duly summoned, shall fail to attend, the arbitrators or referees may witnesses refus- issue an attachment to compel his attendance, and the said ing. witness shall moreover be liable to the party for refusing to attend the same as in trials at law. The arbitrators and referees may administer oaths and affirmations to witmay administer nesses; may punish contempts committed in their presence oaths, and pun- during the hearing of a cause, the same as a court of reish for contempt cord; may continue the hearing of a cause from time to May continue time upon good cause shewn, and may admit depositions to be read in evidence, the same as în trials at law.

Arbitrators

be sworn.

SEC. 6. Each arbitrator and referee shall before he proArbitrators to ceeds to the duties of his appointment take an oath or affirmation, faithfully and fairly to hear and examine the cause in question, and to make a true and just report or award, (as the case may be,) according to the best of his skill and understanding; which oath or affirmation, any judge or justice of the peace of this state is authorized and required to administer.

Their compensation.

SEC. 7. Each arbitrator and referee 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 or report shall be made, but to be recovered of the other party with the other costs of suit, if the award or report shall entitle the prevailing party to Witnesses, sher recover costs. Witnesses shall receive the same fees for iffs, and other attendance at arbitrations and references, 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 or reference, as shall be allowed by law for the like services in their respective courts.

officers allowed fees.

SEC. 8. The act entitled "An act authorizing and reguFormer acts re-lating arbitrations," approved February 25, 1819, is here

pealed.

by repealed.

This act to take effect from the first day of July next.

APPROVED, January 6, 1827.

AN ACT to amend an act, entitled "An Act regulating arbitrations and references," approved January 6, 1827.

In force March

1, 1833.

SEC. 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That whenever it shall Court may appoint referees appear in any cause pending in any of the circuit courts on application of this state, by the oath of either party, or otherwise, that of parties. the trial of the same will require the examination of a long account on either side, such court may on application, and by and with the consent of both parties, order such cause to be referred to three impartial and competent persons.

SEC. 2. If the parties agree on their persons as referees, When parties such persons shall be appointed by the court. If they dis- agree on referagree, each party shall name one, and the court shall

ap

point the persons so nominated, and such other person as the court shall designate.

ees.

SEC. 3. The referees appointed in pursuance of the Duty of. foregoing provisions, 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, to a time not extending beyond the next term of the court in which the said suit is pending.

SEC. 4. Before proceeding to hear any testimony in Shall be sworn. the cause, the referees 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 report 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 suitis pending.

SEC. 5. Witnesses may be compelled to appear before May compel atsuch referees, by subpenas issuing out of the court, in tendance of witwhich the cause is pending, in the same manner and with like effect, as in cases of trials in such court.

nesses.

ister oaths.

SEC. 6. Any one of the referees may administer the Any of refernecessary oath to the witnesses produced before them, for ees may adminexamination. A majority of the referees may meet together, and hear the proofs and allegations of the parties, and a report by any two of such shall be valid.

Court may com

SEC. 7. The referees may be compelled by the order of the court in which the cause is pending, to proceed to a pel referees to hearing thereof, and to make a report of the amount act.

they find due to either party.

SEC. 8. An entry of such reference, shall be made on

ord.

Reference to be the record, and day shall be given to the parties, from entered of rec- time to time, until the referees report, or they be thereof discharged, on filing such report. Judgment shall be entered thereon, in the same manner, and with like ef fect, as upon the verdict of a jury; the cost of reference shall be taxed, as other cost of the suit. This act to take effect from and after its passage.

APPROVED, 1st March, 1833.

In force June
2, 1833.

issue.

plaint.

ATTACHMENTS.

AN ACT concerning Attachments.

SEC. 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That if any creditor On complaint of creditor at- or his agent shall make complaint on oath or affirmation tachment may to the clerk of the circuit court of any county in this 1842-37136 state, that his or her debtor is about to depart this state. or has departed from this state, with the intention in eiNature of com- ther case of having his effects and personal estate removed without the limits of this state, or stands in defiance of any officer, authorized to arrest him or her, on civil process, so that the ordinary process of law cannot be served on such debtor; and if such creditor or his agent shall also make oath or affirmation, that such debtor is indebted to such creditor in a sum exceeding twenty dollars of lawful money of the United States, specifying the ittachment in an amount and nature of such indebtedness, it shall be lawother state & ful for such creditor to sue or caused to be sued out of

Bruse R. 222

1839.40 p.30.31 18417181

I juage in the the office of the said clerk, a writ of attachment, directed 5 John, 401

Substance of
writ of attach-
ment,

to the sheriff of the county in which he is clerk, returnable as other writs are, to the circuit court for said county, commanding him to attach the said debtor, by all and singular his or her lands and tenements, goods and chattels, rights and credits, moneys and effects of what nature soever, or so much thereof as will be sufficient to satisfy

1841 p. 181 feveret so sworn to, with interest and costs of suit, in

How served.

whose soever hands or possession the same may be found
in his bailiwick. It shall be lawful for such sheriff to
serve and levy such attachment upon the lands and tene-
ments, goods and chattels, rights and credits, money and
effects of such debtor, within his bailiwick, whenever the
same may be found, or in the hands of
any person indebt-

538-9 p 86 ed to, or having any effects of such debtor, and to sum

mon such person as garnishee, to appear at the court to