the creditors, or officer holding an execution against such householder, the premises claimed by him or her as exempt are worth more than one thousand dollars, such officer shall summon three householders as commissioners, who shall, upon oath to be administered to them by the officer, appraise said premises; and if, in their opinion, the property may be divided without injury to the interest of the parties, they shall set off so much of said premises, including the dwelling-house, as in their opinion shall be worth one thousand dollars, and the residue of said premises may be advertised and sold by such officer.

[L. 1851, p. 26, § 3; L. 1871-2, p. 479, § 10; Fishback v. Lane 36 Ill. 437; Newman v. Willitts, 78 II. 357; Muller v. Inderreiden, 79 Ill. 382; Stevens v. Hollingsworth, 74 Ill. 203; Barrett v. Wilson, 102 Ill. 302.

11. When premises cannot be divided. § 11. In case the value of the premises shall, in the opinion of said commissioners, be more than one thousand dollars, and cannot be divided as is provided for in this act, they shall make and sign an appraisal of the value thereof, and deliver the same to the officer, who shall deliver a copy thereof to the execution debtor, or to some one of the family of suitable age to understand the nature thereof, with a notice thereto attached that unless the execution debtor shall pay to said officer the surplus over and above one thousand dollars on the amount due on said execution, within sixty days thereafter, that such premises will be sold.

[L. 1851, p. 26, § 4; L. 1871-2, p. 479, § 11; Muller v. Inderreiden, 79 III. 384; Hartwell v. McDonald, 69 Ill. 293; Linton v. Quinby, 57 Ill. 271; Stevens v. Hollingsworth, 74 III. 202; Montague v. Selb, 106 Ill. 49.

12. When surplus not paid. § 15. In case such surplus or the amount due on said execution, shall not be paid within the sixty days, the officer may advertise and sell the said premises, and out of the proceeds of such sale pay to such execution debtor the said sum of one thousand dollars, and apply tho balance on said execution.

[L. 1851, p. 26, § 5; L. 1871-2, p. 479, § 12; Stevens v. Hollingsworth, 74 III. 202.

PERSONAL PROPERTY.

AN ACT to exempt certain personal property from attachment and sale on execution and from distress for rent. [Approved May 24, 1877. In force July 1, 1877. L. 1877, p. 101.]

*13. Personal property exempt. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the following personal property, owned by the debtor, shall be exempt from execution, writ of attachment and distress for rent, viz.: 1st. The necessary wearing apparel, bibles, school books and family pictures of every person, and 2d, one hundred dollars' worth of other property to be selected by the debtor, and in addition when the debtor is the head of a family and resides with the same, three hundred dollars' worth of other property to be selected by the debtor: Provided, that such selection and exemption shall not be made by the debtor or allowed to him or her from any money, salary or wages due hini or her from any person or persons or corporation whatever.

*14. Debtor to make schedule — appraisement. § 2. Whenever any debtor, against whom an execution, writ of attachment or distress warrant has been issued, desires to avail himself or herself of the benefit of this act, he or she shall, within ten days after notice of the execution, attachment or distress warrant make a schedule of all of his or her personal prop. erty of every kind and character, including money on hand and debts due and owing to the debtor, and deliver the same to the officer having the execution, writ of attachment or distress warrant, which said schedule shall be subscribed and sworn to by the debtor, and any property owned by the debtor and not included in said schedule shall not be exempt as aforesaid. And thereupon the

officer having the execution, writ of attachment or distress warrant shall summon three householders, who, after being duly sworn to fairly and impartially appraise the property of the debtor, shall fix a fair valuation upon each article contained in said schedule, and the debtor shall then select from such schedule the articles he or she may desire to retain, the aggregate value of which shall not exceed the amount exempted to which he or she may be entitled, and deliver the remainder to the officer having the writ, and the officer having such writ is hereby authorized to administer the oaths required herein of the debtor and appraisers. [As amended June 10, 1887. L. 1887, p. 179.

[Mineral Pt. R. R. Co. v. Barron, 83 Ill. 365; Wright v. Deyoe, 86 Ill. 490; Figueira v. Pyatt, 88 III. 402.

*15. Death of head of family. § 3. When the head of a family shall die, desert, or not reside with the same, the family shall be entitled to and receive all the benefit and privileges which are by this act conferred upon the head of a family residing with the same.

[Washburn v. Goodheart, 88 Ill. 231.

Pro

16. Property not exempt for wages of servant. § 4. No personal property shall be exempted from levy of attachment or execution when the debt or judgment is for the wages of any laborer or servant: vided, the court rendering judgment shall find that the demand so sued for ią for wages due such person as laborer or servant; which finding shall be expressed in the record of said judgment and indorsed upon the execution when issued. *16a. To protect employes and laborers in claims for wages. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That hereafter, when the property of any company, corporation, firm or person shall be seized upon by any process of any court of this State; or when their business shall be suspended by the action of creditors, or be put into the hands of a receiver or trustee, then in all such cases, the debts owing to laborers or servants, which have accrued by reason of their labor or employment to an amount not exceeding fifty dollars to each employe, for work or labor performed within six months next preceding the seizure or transfer of such property, shall be considered and treated as preferred debts, and such laborers or employes shall be preferred creditors, and shall be first paid in full; and if there be not sufficient to pay them in full, then the same shall be paid to them pro rata, after paying costs. Any such laborer or servant, desiring to enforce his or her claim for wages under this act shall present a statement under oath showing the amount due after allowing all just credits and set-offs, the kind of work for which such wages are due, and when performed, to the officer, person or court charged with such property, within ten days after the seizure thereof on any execution or writ of attachment, or within thirty days after the same may have been placed in the hands of any receiver or trustee; and thereupon it shall be the duty of the person or court receiving such statement to pay the amount of such claim or claims to the person or persons entitled thereto (after first paying all costs occasioned by the seizure of such property) out of the proceeds of the sale of the property seized: Provided, that any person interested may contest any such claim or claims or any part thereof by filling exceptions thereto, supported by affidavit, with the officer having the custody of such property, and thereupon the claimant shall be required to reduce his claim to judgment before some court having jurisdic tion thereof, before any part thereof shall be paid. [Act June 15, 1887. L. 1887, p. 308.

*17. Penalty for seizing exempt property. § 5. If any

officer by virtue of any execution or other process, or any other person, by any right of distress, shall take or seize any of the articles of property exempted as herein provided from levy and sale, such officer or person shall be liable to the party injured for double the value of the property so illegally taken or seized to be recovered by action of trespass with costs of suit.

[Wells v. Lilly, 86 Ill. 319; Figueira v. Pyatt, 88 Ill. 402; Pace v. Vaughan, 1 Gilm. 30; Cornenlia v. Ellis, 11 Ill. 584; Vaughan v. Thompson, 15 Ill. 39: Cook v. Scott, 1 Gilm. 333; McCluskey v. McNeely, 3 Gilm. 578 Adams v. Miller, 14 Ill. 71; Cassell v. Williams, 12 Ill. 387; Amend v. Murphy, 69 Ill. 339.

44

*18. Repeal. § 6. That sections 13 to 17 inclusive, of an act to amend an act entitled An act to exempt the homestead from forced sale, and to provide for setting off the same and to exempt certain personal property from attachment and sale on execution and from distress for rent," approved April 30, 1873, and in force July 1, 1873, and all other acts and parts of acts inconsistent with the provisions of this act, are hereby repealed. But this section shall not be construed so as to affect any rights that may have accrued, or any suits or proceedings that may be pending, when this act shall take effect nor to repeal or affect any of the provisions of an act to revise the law in relation of landlord and

AN ACT concerning fees and salaries, and to classify the several counties of this State with reference thereto. [Approved March 29, 1872. In force July 1, 1872. L. 1871-2, p. 420. Title as amended by act approved March 28, 1874. In force July 1, 1874.]

1. Salaries of State officers. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That there shall be allowed and paid an annual salary, in lieu of all other salaries, fees, perquisite, benefit or compensation, in any form whatsoever, to each of the officers herein named, the following sums respectively: To the GOVERNOR the sum of $6,000, together with the use and occupation of the executive mansion.

To the LIEUTENANT-GOVERNOR the sum of $1,000: Provided, that if the powers and duties of the office of governor shall devolve

[*501] upon the lieutenant-governor, the lieutenant-governor shall,

during the continuance of such emergency, be entitled to the emoluments thereof as herein provided.

To the SECRETARY OF STATE, the sum of $3,500.

To the AUDITOR OF PUBLIC ACCOUNTS, the sum of $3,500.

To the TREASURER, the sum of $3,500.

To the SUPERINTENDENT OF PUBLIC INSTRUCTION, the sum of $3,500.

To the ATTORNEY-GENERAL, the sum of $3,500.

To the ADJUTANT-GENERAL, the sum of $1,500. [See Const., art. 5, $ 23.

2. Fees paid into State treasury-except. § 2. That all fees that now are, or that may be hereafter provided by law to be paid to either of said officers above named, shall be paid in advance into the State treasury, as revenue. The treasurer shall keep a separate account of the amount received from each office, and his receipt shall be retained by the officer rendering the services. In all cases where such officers shall be entitled to fees, they shall render, under oath, to the governor, a semi-annual report of the amount, and from what sources received: Provided, that this act shall not in any respect apply to the present incumbents in the offices of auditor and secretary of State, during their present respective terms of office, except in so far as it requires a semi-annual

CHAP. 53.

report of the fees by them received; but said last named officers shall receive the compensation now allowed by law during their present terms of office. See Const., art 5, § 23.

3. Salaries of circuit judges-exception. § 3. That each judge of the circuit courts of this State, and each judge of the superior court of Cook county, shall receive and be paid out of the State treasury of this State an annual salary of $3,500, in lieu of all other compensation, perquisite or benefit, in any form whatsoever: Provided, that the provisions of this act shall not prevent the payment of such additional compensation to the judges of the circuit and superior courts of Cook county, out of the treasury of said county, as is or may be provided by law. [See § 61; Const., art. 6, § 16, 25.

4. Salaries payable quarter-yearly. 4. That the salaries of the officers herein above named, provided to be paid out of State treasury, shall be paid to the officers above named quarter-yearly, on the warrant of the auditor of public accounts, out of any money in the State treasury not otherwise appropriated.

5. Judges of city courts - county judges. 5. Judges of inferior courts of record in towns and cities shall be allowed, and receive in lieu of, all other fees, perquisites or benefits whatsoever, in cities and towns having a population not exceeding five thousand (5,000) inhabitants, five hundred dollars ($500); and in cities or towns having more than five thousand (5,000) inhabitants, fifteen hundred dollars ($1,500), to be paid out of the city or town treasury: Provided, that in cities having a population of one hundred thousand (100,000) or more, the city or common council may give such additional compensation, to be paid out of the city or town treasury, to the judge or judges of such court, as shall be deemed reasonable, not exceeding a sum sufficient to make the entire salary five thousand dollars ($5,000), which additional compensation shall be fixed prior to the election of such judge or judges, and shall be provided for in the annual appropriation ordinance of each year, and shall not be increased or diminished during the term of office of such judge or judges. County judges shall be allowed such salary as shall be fixed by their respective boards, to be paid out of the county treasury. [As amended by act approved May 11, 1877. In force July 1, 1877. L. 1877, p. 103.

6. Prosecuting attorneys of city courts. § 6. That each prosecuting attorney of such inferior court, other than the State's attorney, shall be allowed and receive in full compensation for all services rendered as prosecuting attorney of such court, an annual salary of $250, to be paid by the town or city.

7. State's attorneys-Cook county. 7. There shall be allowed to the several State's attorneys in this State, for services to be rendered by them, the following fees and salaries, to-wit:

To each State's attorney the sum of $400; which salary shall be paid to them, respectively, in quarter-yearly installments, on the warrant of the auditor, out of any money in the treasury not otherwise appropriated: Provided, that until the election of a State's attorney, in and for each county, in the year 1872, all State's attorneys shall receive the sum now provided by law: Provided, that the provisions of this act shall not pre