sheriff to the clerk, or of a deposit remaining after such distribution as aforesaid, shall be denominated remnants and surplus proceeds, and where any claim or complaint shall be filed against the same as provided in this act, distribution shall be directed by the court after decree or judgment upon motion and notice, as provided in the last section, and after the following order:

First-All costs upon claims passing into decree which were filed after distribution.

Second-All other liens enforceable under this act against the watercraft prior to distribution.

Third-All claims upon mortgages of such water-craft or other incumbrances by the owner, in proportion to the interest they cover and priority.

Fourth-Upon petition of the creditor, all judgments at law, or decrees in chancery against the owner, and which ought equitably to be paid out of the proceeds in preference to the owner.

Fifth-The owner.

28. Power of court in distribution. 28. In case the sum for which the water-craft is sold is sufficient to pay all the claims filed before distribution, with costs thereon, and an appeal is taken as hereinafter provided, the court may order distribution of such portion of the sum brought on sale upon judgments unappealed from as may seem just and proper.

29. Appeal-error. § 29. Any party complaining or defending, who may think himself aggrieved by the final judgment of the court, may appeal therefrom to the supreme court, or may prosecute a [*167] writ of error in the same manner as appeals or writs of error

are taken or prosecuted in other cases. [L. 1857, p. 106, § 9; L. 1865, p. 104, I.

BEFORE JUSTICES OF THE PEACE.

30. Proceedings before justice. § 30. In an action brought before a justice of the peace against the owner of any boat to recover any debt contracted by such owner, or by the master, agent, clerk or consignee thereof, for supplies furnished or for labor done in, about or on such boat, or for materials furnished in building, repairing, fitting out, furnishing or equipping the same, or to recover for the non-performance of any contract relative to the transportation of persons or property thereon, made by any of the persons aforesaid, or to recover injuries to persons or property by such boat, or the officers or the crew thereof, done in connection with the business of such boat, an attachment may issue against such boat as hereinafter provided.

31. Complaint. 31. Before the commencement of the action the plaintiff, his agent or attorney, shall file with the justice an affidavit, which may be substantially in the following form:

A. B. (or C. D., his agent or attorney), being duly sworn, says: That A. B., the plain tiff, has a just demand against E. F., the defendant (if known, if not known, against the boat, naming it), on account of (here make a short statement of the nature of the demand, giving the amount due), and the plaintiff prays an attachment therefor.

32. Bond. § 32. The plaintiff, his agent or attorney, shall file with the affidavit a bond, as provided by section five of this act, as near as may be, and suits may be brought on the bond and proceedings had thereon, as said section five provides.

33. Form of writ. § 33. Upon the filing of such affidavit and bond, the justice shall issue a writ of attachment, substantially in the following form:

STATE OF ILLINOIS,

county,

The People of the State of Illinois, to any sheriff, coroner or constable of said county -GREETING:

Whereas

owner of the

(name of plaintiff, agent or attorney) hath complained that the (name of boat) is justly indebted to plaintiff in the sum of dollars (amount due), and has given bond and security as provided by law; We, therefore, command you that you attach said (name of boat), her tackle, apparel and furniture, to satisfy such demand and costs, and having attached the (here insert the name of the owner of the boat, if known), to be and appear before me at my office in on the

same, you summon

day of

18 , at

in said

o'clock

M..

county and State, then and there to answer (name of boat). And have

18 1

what may be objected against him and the said you then and there this writ, with a return thereon in what manner ou have executed the same.

Given under my hand, this

day of

7. P.

34. Sunday. $ 34. The attachment may be issued on Sunday, if the plaintiff, his agent or attorney, shall state in the affidavit that it would be unsafe to delay proceedings until Monday.

35. Service of attachment. $ 35. It shall be sufficient to serve the attachment on the defendant, or master, agent, clerk or consignee of the boat; and if none of them can be found in the county, it shall be sufficient to serve the writ by posting a copy thereof on the boat.

36. Appearance — continuance. § 36. Any person interested in the boat may appear by himself, agent or attorney, and defend, and no continuance shall be granted to the plaintiff while the boat is held in custody.

37. Bonding vessel. $37. The property attached may be released at any time before final judgment, by giving bond with sureties, to be approved by the officer serving the writ, in a penalty double the plaintiff's demand, conditioned that the obligors therein will pay the amount found due to the plaintiff, together with costs, or return the property attached on execution.

38. Execution. 38. If judgment be rendered for the plaintiff before the property attached is released, a special execution shall be issued against it. [*168] If the property has been released, the execution shall issue against the obligors in the bond without further proceedings. If the property be returned, it shall be first sold on the execution.

39. Sale. § 39. The officer may sell any of the furniture, tackle or appendages of the boat, if by so doing he can satisfy the demand and costs. If he sell the boat he must sell it to the bidder who will advance the amount required to satisfy the execution for the lowest fractional share of the boat. If a fractional share of the boat be thus sold, the purchaser shall hold such share jointly with the other owner.

40. Saving. § 40. Nothing herein contained shall affect the right of the plaintiff to sue in the same manner as though the provisions of this act had not been enacted..

41. Contract with boat. § 41. In action before a justice of the peace, it shall be sufficient to allege the contract to have been made with the boat.

42. Rafts. § 42. Any raft found in the waters of this State shall be liable to attachment for all debts contracted by the owner, agent, clerk or pilot thereof, on account of work done, services rendered, or supplies furnished for such raft; and the action may be brought directly against the raft, and the same rules shall govern, and the same process shall be had in such action as are in this act prescribed for actions against boats before justices of the peace.

43. Appearance. § 43. The execution by or for the owner of such boat or raft, of a bond, whereby the same is released to him, shall be an appearance of such owner as a defendant to the action.

44. Amendments. § 44. Affidavits, bonds and writs, in cases before justices of the peace in this act mentioned, may be amended, as provided in cases of original attachments, and appeals allowed to a court of record as in other civil actions before justices of the peace.

45. Justice's jurisdiction. $45. In all cases of attachment before a justice of the peace under this act, the justice shall have jurisdiction in any sum not exceeding $200.

46. Lien before justices-practice. § 46. No lien shall be allowed under this act in proceedings before justices until the levy of the writ of attachment, and then only as against owners, subsequent purchasers and creditors; and, except as herein provided, the practice and proceedings shall be the same as in other civil actions in justices' courts.

AN ACT to revise the law in relation to attorneys and counselors. [Approved March 28, 1874. In force July 1, 1874.]

1. Not to practice in courts of record without license. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, that no person shall be permitted to practice as an attorney or counselor 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 counselor at law, and shall authorize him to appear in all the courts within this State, and there to practice as an attorney and counselor at law, according to the laws and customs thereof, for and during his good behavior in said practice, and to demand and receive fees for any services which he may render as an attorney and counselor at law in this State. No person shall be refused a license under this act on account of sex.

[R. S. 1845, p. 73, § 1; Fraatz v. Garrison, 83 Ill. 60; Dowty v. Holtz, 85 Ill. 525: Cobb v. People, 84 Ill. 511: Ternan v. Temke, 84 Ill. 286; Byers v. Nat. Bank of Vincennes, 85 Ill. 424; Leitch v. Boyington, 84 I 179; Murphy v Larson, 77 Ill. 172; Wadhams v. Gay, 73 Ill. 416; Robb v. Smith, 3 Scam, 46; Fry v. Calhoun, 14 Il. 132; Covill v. Phy. 24 Ill. 37: Chicago, etc., v. Larned, 26 Ill. 218; De Wolf v. Stroder, 26 Ill. 225; C. & S. C., etc., R. R. Co. v. Larned, 26 Ill. 218: Leslie v. Fisher, 62 Ill. 118; Tedrick v Hiner, 62 Ill. 189; Burnham v. Roberts, 70 Ill. 19.

His powers and duties.-M. C. R. Co. v. Gougar, 55 Ill. 503; People v. Lamborn, 1 Scam, 127; Peru v. French, 55 Ill. 317; Nolan v. Jackson, 16 Ill. 272; Vickery v. McClelland, 61 Ill. 311; Risley v. Fellows, 5 Gilm. 531; Cornelius v. Wash, Breese, 98: Morgan v. Roberts, 38 II. 65: Johnson v. Bright, 15 Ill 464; Walker v. Goodrich, 16 Ill. 341; 16 Ill. 322; Smyth v. Harvie, 31 Ill. 62; Ruckman v. Alwood, 44 Ill. 183; McLain v Watkins. 43 Ill. 24; Zeigler v. Hughes, 55 1 288; Nelson v. Cook, 19 Ill. 452: Trumbull v. Nicholson, 27 I. 151; Clawson v. Munson, 55 Ill. 394; Conwell v. McCowen, 53 Ill. 364; Walsh v. Shumway, 65 Ill. 472; Krug v. Ward, 77 Ill. 609; Vise v. Hamilton, 19 Ill 78; Jack v. People, 19 Ill. 57; Hess v.Voss, 52 Ill. 473; Day v. Graham, 1 Gilm. 245; Moore v. Bracken, 27 Ill. 26; McLean Co. Bank v. Flagg. 31 Ill. 290; Staley v. Dodge, 50 Ill. 43; Dickerman v. Burgess, 20 Ill. 266; Jennings v McConnell, 17 Ill. 148; Tinckham v. Hayworth, 31 Ill. 519; Bedell v. Janney 4 Gilm. 201;

Lyon v. Boilvin, 2 Gilm. 629; Truett v. Wainright, 4 Gilm. 415; Custer v. Agnew, 83 Ill. 194; Chapman v. Burt, 77 Ill. 337; Lake v. Cook, 15 Ill, 356; Griggs v. Gear, 3 Gilm. 3; Kenyon v. Schieck, 52 Ill. 382; Whitaker v. Murray, 15 I!!. 293; Thompson v. Emmert, 15 Ill. 415; Welch v. Sykes, 3 Gilm. 200; Lawrence v. Jarvis, 32 Ill. 310; Shufeldt v. Buckley, 45 Ill. 223; Thompson v. Whitman, 18 Wall. (U. S.) 457 Reed v Curry, 35 Ill. 540, 544; Cooper and Moss v. Hamilton, 52 Ill. 119; Hardy v. Keeler, 56 Ill. 152 Burnap v. Marsh, 13 Ill. 535; Stevens v. Walker, 55 Ill. 151; Morgan v. Roberts, 38 Ill. 66; Ross v. Demos, 45 447.

Lien - Toupin v. Gargnier, 12 Ill. 79; Chapman v. Shattuck, 3 Gilm. 49; Henchey r. City of Chicago. 41 Ill. 136; La Framboise v. Grow, 56 Ill. 197, 202; Humphrey v. Browning, 46 Ill. 476; Smith v. Young, 62 1 210; Forsyth v. Beveridge, 52 Ill. 268; Walker v. Stevens, 79 III. 193; Nichols v. Pool, 89 Ill. 491.

Fees. Jennings v. McConnell, 21 Ill. 148; Burr v. Prather, 27 Ill. 217; Newkirk v. Cone, 18 Ill. 449; Morgan v. Roberts, 38 Ill 65; Nickerson v. Babcock, 29 Ill. 497; Nickerson v. Sheldon, 33 Ill. 372; Adams v. Payson, 11 Ill. 26: Constant v. Matteson, 22 III. 546; Ball v. Miller, 38 Ill. 110; Dunn v. Rogers, 43 Ill. 263; Eimer v. Eimer, 47 Ill. 373; Willhite v. Pearce, 47 Ill. 416 Conwell v. McCowen, 53 III. 363; Clawson v. Munson, 55 III. 394; Kilgour v. Crawford, 51 Ill. 250; Lilly v. Shaw, 59 III. 72; Willard v. Bassett, 27 Ill. 37; Fraatz v. Garrison, 83 Ill. 60; Schnell v. Schlernilzauer, 82 Ill. 440; Blake v. Blake, 70 Ill. 618; Spring v. City of Oney, 78 I. 101; Joslyn v. Dickerson, 71 Ill. 25; Stenger v. Edwards, 70 Ill. 631; Smith v. Smith, 69 II. 308; Hughs v. Veigler, 69 Ill. 38; Gilbert v. Holmes, 64 Ïll. 548; Dorsey v. Corn, 2 Brad. 533.

2. Certificate of moral character. § 2. No person shall be entitled to receive a license as aforesaid until he shall have obtained a certificate of his good moral character from a court of record of some county. [R. S. 1845, p. 73, § 2. See Supreme Court Rules, 43, 45, 46. 3. License of another State and certificate of moral character sufficient. § 3. 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, and obtaining a certificate of good moral character, as required in the preceding section, may be licensed and permitted to practice as a counselor and attorney at law, in any court in this State, without examination. 1845, p. 74, 10. See Supreme Court Rule 44.

[R. S.

4. Oath. 4. Every person admitted to practice as an attorney and counselor at law shall, before his name is entered upon the roll to be kept as hereinafter provided, take and subscribe an oath, substantially in the following form:

I do solemnly swear (or affirm, as the case may be), that I will support the constitution of the United States and the constitution of the State of Illinois, and that I will faithfully discharge the duties of the office of attorney and counselor at law to the best of my ability.

[R. S. 1845, p. 74. $ 9.

5. Roll. 5. It shall be the duty of the clerk of the supreme court, in each grand division, to make and keep a roll or record, stating at the head thereof that the persons whose names are therein written have been regularly licensed and admitted to practice as attorneys and counselors at law within this State, and that they have duly taken the oath of office as prescribed by law, which shall be certified and indorsed [*170]

on the said license.

[R. S. 1845, p. 73, § 3; In re Fellows, 2 Scam. 369.

6. Name enrolled-striking from roll-suspension. 6. No person, whose name is not on the said roll, with the day and year when the same was written thereon, shall be suffered or admitted to practice as an attorney or counselor at law in any court of record