certify the several amounts thereof to the sheriff, who shall pay over to the respective parties the several sums so certified, and endorse such payments on their respective executions. SEC. 25. On proof being made before any judge or jus- Attachment tice of the peace, or clerk of the circuit court within this may be served state, that a debtor is actually absconding, or concealed, on Sunday. or stands in defiance of an officer duly authorized to arrest him on civil process, as aforesaid, or has departed this state with the intention of having his effects and personal estate removed out of the state, or intends to depart with such intention, it shall be lawful for the clerk to issue, and sheriff or other officer to serve an attachment against such debtor on a Sunday as on any other day, as is directed in this act. SEC. 26. The plaintiff or defendant in any attachment, the garnishee and the sheriff, or either of them, who may Writs of error and appeals. feel aggrieved by the judgment of the court, may prosecute writs of error, and take appeals as by law is provided in other cases in the circuit courts, and be entitled to recover their costs as in other cases. the original af SEC. 27. This act shall be construed in all courts of jus- This act to be tice in the most liberal manner for the detection of fraud. construed liberSEC. 28. No writ of attachment hereafter to be issued ally. Attachment shall be quashed, nor the property taken thereon restored, shall not be nor any garnishee discharged, nor any bond by him given quashed for incancelled, nor any rule entered against the sheriff dis-sufficiency of charged on account of any insufficiency of the original af- fidavi fidavit, writ of attachment, or attachment bond, if the plaintiff, or some credible person for him, shall cause a legal and sufficient affidavit or attachment bond to be filed, or the writ to be amended in such time and manner as the courts or justices shall respectively in their discretion direct; and in that event the cause shall proceed as if such proceedings had originally been sufficient: Provided, That in case any plea in abatement traversing the facts in the affidavit shall be filed, and a trial shall be thereon had, if the issue shall be found for the defendant, the attachment shall be quashed. entering into SEC. 29. Any defendant in an attachment may appear Defendant may and plead without giving bail, or entering into any plead without bond. But in case any defendant shall desire to replevy giving bail or an attachment, he shall execute to the sheriff a bond, bond; but canwith security to be approved of by the sheriff, in double not replevy the amount of the value of the property and credits without bond. attached, conditioned that such property and credits attached shall be produced and delivered, subject to the judgment of the court, when and where the court shall Ref Plffs. in actions may sue out direct; or, at his option, shall give like bond and secu rity, in a sum sufficient to cover the debt and damages sworn to in behalf of the plaintiff, with all interest, damages and costs of suit, conditioned that the defendant will pay the plaintiff the amount of the judgment and costs which may be rendered against him, in that suit, on a final trial, within ninety days after such judgment shall be rendered; in term time, a recognizance, in substance as aforesaid, may be taken in open court, and entered of record, in which case the court shall approve of the security and the recognizance made to the plaintiff. Then in every such case the attachment shall be dissolved, and the property taken restored, and all previous proceedings either against the sheriff or against the garnishees, set aside, and the cause shall proceed as if the defendant had been seasonably served with a writ of summons. SEC. 30. Plaintiffs in any action of debt, covenant or trespass, or on the case upon promises, having commenced their action or actions, by summons, may, at any line ter pending such suit, and before judgment therein, on filing, in the office of the clerk where such action is pending, a sufficient affidavit and bond, sue out an attachment against the lands and tenements, goods and chattels, right, credits, moneys and effects of the defendant, which attachment shall be entitled in the suit pending and be in aid thereof, and such proceedings shall be thereupon had, as are required or permitted in original attachments, in all things as near as may be. The thirtieth section of this act shall apply to attachments issued by justices of the peace as well as to those issued by the circuit court. Attachments when returna SEC. 31. Attachments issued by justices of the peace issued by justi- shall be returnable within thirty days from their date; ces of the peace and the plaintiff in such attachment shall cause to be posted up, written, or printed notices thereof, when levied, in four of the most public places in the county, at least twenty days before the return of the attachment. ble. When issued court of any co. Sec. 32. Where any attachment has issued out of the circuit court in any county, it shall be lawful for the from the circuit plaintiff, at any time before judgment, to cause an attachment to be issued to any other county of this state, where the defendant may have lands, goods, chattels, rights, credits, or effects, which writ of attachment, the sheriff to whom it shall be directed shall levy on the lands, goods, chattels, rights, credits and effects, of the defendant in such county, and make return thereof as in other cases. issued to any SEC. 33. All acts and parts of acts heretofore passed Acts repealed. on the subject of attachments are hereby repealed. Butproceedings commenced under the said acts before this act takes effect, shall be in no wise affected. This act to be in force from and after the first of June next. APPROVED, February 12th, 1833. AN ACT authorizing the seizure of boats and other vessels In force June by Attachment in certain cases. 1st, 1833. the debts of owners. SEC. 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly: That boats and vessels of all descriptions, built, repaired, or equipped, or Boats and vesrunning upon any of the navigable waters within the sels liable for jurisdiction of this state, shall be liable for all debts contracted by the owner or owners, masters, supercargoes, or assignees thereof, on account of all work done, supplies or materials furnished by mechanics, tradesmen, and others for, or on account of, or towards the building, repairing, fitting, furnishing, or equipping such boats or 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 pro-prietors, except the wages of mariners, boatsmen, and others employed in the service of such boats and vessels, which shall first be paid. ment. SEC. 2. Any person having a demand, contracted as May be levied before mentioned, against any such boat or vessel, may on by attachhave 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 shall file a statement of his demand. or owners of such boat or vessel, who may institute a a suit thereon, if damages be occasioned by the issuing 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 perUpon return of the attachment son or persons having demands of the description aforethe plaintiff said, 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. entitled to the act. Engineers, pi- SEC. 4. All engineers, pilots, mariners, boatsmen, and fots and others, others employed in any capacity, in or about the service benefit of this 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 act, and shall be entitled to all the benefits thereof. SEC. 5. If the owner or owners, master, supercargo, If owner shall or consignee of any such boat or vessel, seized by attachgive bond with ment as aforesaid, shall, at any time before the final security before final judgment, judgment, give bond to the plaintiff, with security to be the propety at- approved by the clerk of the circuit court, or by the ached shall be judge in term-time, (or justice of the peace as the case released. 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. This act to take effect and be in force from and after the first day of June next. APPROVED, February 13th, 1833. ATTORNEY GENERAL AND STATE'S ATTORNEYS. AN ACT relating to the Attorney General and State's In force 19th Attorneys. SEC. 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That the attorney Feb. 1827. general shall continue to reside in, and perform the du- Duties of attor ties of said office, for the first judicial circuit of this ney general. state. It shall be his duty to attend at each circuit court to be held in each of the counties belonging to said judicial circuit, and to commence and prosecute/94/67 all actions, suits, process, indictments, and prosecutions, civil and criminal, in which the people of this state, the president and directors of the State Bank of Illinois, or any county within such judicial district may be concerned; to defend all actions brought within said judicial district, against the auditor of public accounts, state bank, or any of the counties aforesaid, to prosecute all forfeited recognizances, and all suits and actions for the recovery of debts, revenues, moneys, fines, penalties, and forfeitures, accruing to the people of this state, or any county within the judicial district aforesaid. He shall give his opinion without fee or reward, to any county commissioners' court, and to any justice of the peace within his circuit, when required so to do, upon any question of law relating to any criminal or other matter in which the people, or any county is concerned; and he shall perform such other and further duties, as may be enjoined on him by law. preme court. SEC. 2. It shall be the duty of the attorney general to To attend suattend each of the terms of the supreme court, and there commence, prosecute, or defend every cause the people of this state, the auditor of public accounts, the state bank, or any county of this state shall in any wise be a party to, or intersted in the result. It shall be his further duty to prosecute all impeachments which may be tried before the supreme court or the senate of this state. He shall also, when required, give his opinion and advice in writing, without fee or reward, to peachments the general assembly, or either branch thereof, upon any question of law; and to the governor, or the person exercising the office of governor, the secretary of state, auditor of public accounts, and state treasurer, upon any question of law relating to the duties of their respective offices, which may be submitted to him by them or either of them. Prosecute im and advise the officers of gov ernment. |