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thereon as in the judgment of the said judge will relieve the party injured in future; and shall have authority, if said judge think proper, to discharge such clerk, apprentice or servant from his apprenticeship or service; and in case any money or other thing shall have been paid, given, or contracted or agreed for by either party, in relation to the said apprenticeship or service, shall make such order concerning the same as the said judge shall deem just and reasonable. And if the apprentice so discharged shall have been bound originally as provided in the sixth section of this act, it shall be the duty of the judge granting the dis charge, again to bind him, if said judge shall think proper. [R. S. 1845, p. 53, § 15. 16. REMOVING APPRENTICE, ETC., OUT OF STATE.] § 16. It shall not be lawful for any master to remove any clerk, apprentice or servant bound to him as aforesaid, out of this state, without the consent of the county court; and if, at any time, it shall appear to any judge or justice of the peace, upon the oath of any competent person, that any master is about to remove or cause to be removed any such clerk, apprentice or servant out of this state, it shall be lawful for such judge or justice to issue his warrant, and to cause such master to be brought before him, and if, upon examination, it appear that such apprentice, clerk or servant is in danger of being removed without the jurisdiction of this state, the judge or justice may require the master to enter into recognizance, with sufficient security, in the sum of $1,000, conditioned that such apprentice, clerk or servant shall not be removed without the jurisdiction of this state, and that the said master will appear with the apprentice, clerk or servant before the circuit court, at the next term thereof, and abide the decision of the court therein; which recognizance shall be returned to the circuit court, and the said court shall proceed therein in a summary manner, and may discharge or continue the recognizance, or may require a new recognizance, and otherwise proceed according to law and justice. But if the master, when brought before any judge or justice, according to the provisions of this section, will not enter into a recognizance as aforesaid, if required so to do, it shall be lawful for such court or justice to discharge such clerk, apprentice or servant from such apprenticeship or service, and to award judgment against such master for costs, and for such sum as, considering the terms of the indenture and the condition of the parties, may be deemed just and reasonable. [R. S. 1845, p. 54, § 19.

17. REMOVAL OF MASTER-WHEN APPRENTICE, ETC., DISCHARGED.] § 17. Whenever any master of any clerk, apprentice or servant, bound by the court as aforesaid, shall wish to remove out of this state, or to quit his trade or business, it shall be lawful for him to appear with his clerk, apprentice or servant before the circuit or county court of the proper county; and such court shall have power, if deemed expedient, to discharge such clerk, apprentice or servant from the service of such master. [R. S. 1845, p. 55, § 20.

18. DEATH OF MASTER.] § 18. When any person shall become bound as clerk, apprentice or servant, according to the provisions of this act, to two or more persons, and one or more of them die before the expiration of the term of service, the indentures and contracts shall survive to and against such survivors; and in case of the death of all the masters in any such indenture or contract named, before the expiration of the term of service, such clerk, apprentice or servant shall be thereby discharged from such service. [R. S. 1845, p. 55, § 21.

19. ENTICING AWAY APPRENTICE, ETC.—PENALTY.] $ 19. Every person who shall counsel, persuade or entice any clerk, apprentice or servant to run away, or to absent himself from the service of his master, or to rebel against or assault his master, shall forfeit and pay a sum not less than $20, nor more than $500, to be sued for and recovered by action on the case, with costs, by such master, in any court of competent jurisdiction. [R. S. 1845, p. 54, § 17.

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AN ACT to revise the law in relation to arbitrations and awards. [Approved April 29, 1873. In force July 1, 1873.]

1. IN SUIT PENDING.] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever the parties to any suit pend ing in any court of record shall be desirous and willing to submit the matter 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. [R. S. 1845, p. 56, § 2.

2.

ARBITRATORS TO PROCEED-PLACE OF HEARING-ADJOURNMENTS.] §2. The arbitrators appointed in pursuance to 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 suit is pending, if the subject matter be in suit. [R. S. 1845, p. 56, § 3.

3. OATH OF ARBITRATORS.] § 3. 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 officer authorized to administer oaths. [R. S. 1845, p. 56, § 4.

4. SUBPENAS—WITNESSES-SWEARING SAME.] § 4. The several clerks of the circuit courts, and the justices of the peace in their several counties, may issue subpenas 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. [R. S. 1845, p. 56, § 5.

5.

AWARD-PUBLICATION OF.] § 5. 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. [R. S. 1845, p. 57, § 6.

6. EITHER PARTY NOT COMPLYING, AWARD MAY BE FILED IN COURT.] § 6. If either of the parties shall neglect to comply with the 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. [R. S. 1845, p. 57, § 7.

7. JUDGMENT ON AWARD.] § 7. 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. [R. S. 1845, p. 57, § 8.

8. ENFORCEMENT OF AWARD.] § 8. 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. [R. S. 1845, p. 57, § 9.

9. AWARD SET ASIDE FOR FRAUD, ETC.] § 9. 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. [R. S. 1845, p. 57, § 10.

10. WHEN COURT MAY CORRECT AWARD.] § 10. 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 matters 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. [R. S. 1845, p. 57, § 11.

11. WHEN MOTION TO SET ASIDE, MODIFY, ETC., MUST BE MADE.] § 11. 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. [R. S. 1845, p. 57, § 12.

12. ERROR AND APPEALS.] § 12. 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. [R. S. 1845, p. 57, § 13. 13. COMPENSATION-FEES.] § 13. Each arbitrator shall be allowed, for every day's attendance to the business of his appointment, $2, 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 arbitrations 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. [R. S. 1845, p. 57, § 14.

14. ARBITRATORS COMPELLED TO DUTY.] § 14. 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. [R. S. 1845, p. 57, § 15.

15. RECORD OF REFERENCE.] § 15. 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 may be thereof discharged, on filing such report. [R. S. 1845, p. 58, § 16.

16. IN MATTERS NOT IN SUIT.] § 16. All persons having a requisite legal capacity may, by an instrument in writing, to be signed and sealed by them, 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. [R. S. 1845, p. 56, § 1.

17. PROCEEDINGS IN SUCH CASES.] § 17. Upon a submission under the foregoing section, the arbitrators shall take the same oath, and may compel the attendance of witnesses, and shall proceed in the same manner as if the submission had been made in a cause of pleading.

18. AWARD IN SUCH CASES FILED IN COURT-JUDGMENT.] § 18. The award and instrument of submission may be filed in a court of record of competent jurisdiction, within the same time and upon like conditions, and notice and proceedings had thereunder, and judgment entered, the same as if the award had been made in a suit pending in such court.

§ 19, repeal, omitted; see "Statutes," ch. 131, § 5.

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AN ACT in regard to attachments in courts of record. [Approved December 23, 1871. In force July 1, 1872.) 1. CAUSES.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in any court of record having competent jurisdiction, a creditor may have an attachment against the property of his debtor, or that of any one or more of several debtors, when the indebtedness exceeds $20, in any one of the following cases:

First-Where the debtor is not a resident of this state.

Second-When the debtor conceals himself or stands in defiance of an officer, so that process cannot be served upon him.

Third-Where the debtor has departed from this state with the intention of having his effects removed from this state.

Fourth-Where the debtor is about to depart from this state with the intention of having his effects removed from this state.

Fifth-Where the debtor is about to remove his property from this state to the injury of such creditor.

Sixth-Where the debtor has, within two years preceding the filing of the affi davit required, fraudulently conveyed or assigned his effects, or a part thereof, so as to hinder or delay his creditors.

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