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

1. In suit pending. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever the parties to any suit pending 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: Darst v. Collier, 86 I. 96; Reeves v. Eldrig, 20 Ill. 383; Lowe v. Nolte, 15 II. 398; Perkins v. Rudolph, 36 Ill. 306; Reitzell v. Miller, 25 III. 67; Clark v. Hogle, 52 Ill. 431; Trout v. Emmons, 29 I. 433; Hallack v. Marsh, 25 Ill. 50; Haywood v. Harmon, 17 Ill 477: Sloo v. Bank, 1 Scam. 428; Truett v. Wainwright, 4 Gilm. 418; Spurck v. Crook, 19 Ill. 415; Reeve v. Mitchell, 15 Ill. 297; Cunningham v. Craig, 53 III. 252; Valandingham v. Lowery, 1 Scam. 241.

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: Sherfy v. Graham, 72 Ill. 158; Evans v. Hitchcock, 26 III. 295; Miller v. Buckeye M. F. Ins. Co., 2 Brad, 125.

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; Duncan v. Fletcher, Breese, 323.

4. Subpoenas - witnesses swearing same. § 4. The several clerks of the circuit courts, and the justices of the peace in their several counties, may issue subpoenas for the attendance of witnesses before arbitrators; if any witnesses, 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; Miller v. Buckeye M. F. Ins. Co., 2 Brad. 125. 5. Award-publication of. § 5. The award of the arbitrators, or a majority of them, shall be drawn up in writing, and signed [*150] 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, 57, 87; Darst v. Collier, 86 Ill. 96; Gudgell v Pettigrew, 26 Ill. 306; Smith v. Smith, 28 11 60; Bannister v. Read, 1 Gilm. 102; Williams v. Schmidt, 54 I. 205; Duncan v. Bayles, 22 Ill. 301; Lowe v. Nolte, 16 Ill. 475.

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; Weinz v. Dopler, 17 Ill. 111; Lowe v. Nolte, 15 Ill. 368; Thorpe v. Starr, 17 Ill. 199.

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. 57,89; Burrows v. Guthrie, 61 Ill. 70; Chandler v. Gay, Beecher's Breese, 88; Ballance v. Underhill, 3 Scam. 453. See § 11, post.

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; Ingraham v. Whitmore, 75 Ill. 24; Pritchard v. Daly, 73 Ill. 523; Spurck v. Crook, 19 Ill. 415; Stone v. Atwood, 28 Ill. 30; Pullian v. Pensoneau, 33 I. 375; Claycomb v. Butler, 36 Ill. 101; Root v. Renwick, 15 Ill. 461; Merritt v. Merritt, Ill. 568: Hendrickson v. Reinback, 33 Ill. 299; Smith v. Douglas, 16 Ill. 34: Ross v. Watt, 16 Ill. 99; Smith v. Smith, 28 Ill. 56; McDonald v. Arnout, 14 Ill. 58; Eisenmeyer v. Sauter, 77 Ill. 515; Sherfy v. Graham. 72 Ill. 159; Tucker v. Page, 69 Ill. 183; Burrows v. Guthrie, 61 Ill. 70; Hodaway v. Kelly, 78 ll. 286.

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; Howell v. Howell, 26 Ill. 460; Williams v. Warren, 21 Ill.

541.

11. When motion to set aside, modify, etc., must be made. II. 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 reférence. 15. When any cause pending in [*151] 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; Reeves v. Eldrig, 20 Ill. 383.

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; Eisenmeyer v. Sauter, 77 Ill. 515; Phelps v. Dolan, 75 Ill. 90; Lowe v. Nolte, 15 Ill. 374; Smith v. Douglas, 16 Ill. 34; Hamilton v. Hamilton, 27 Íll.. 158; Buntain v. Curtis, 27 ll. 374; Ballance v. Underhill, 3 Scam. 453; Whetstone v. Thomas, 25 Ill. 364; Woodward v. Woodward, 14 Ill. 370; Hendrickson v. Reinback, 33 Ill. 299; Gerrish v. Ayres, 3 Scam. 246; McDonald v. Bacon, 3 Scam. 429; Whitmore v. Mason, 14 Ill. 392; Gudgell v. Pettigrew, 26 Ill. 305; Howard v. Babcock, 21 Ill. 259; Williams v. Warren, 21 Ill. 553; McDonald v. Arnout, 14 Ill. 62; Merritt v. Merritt, 11 Ill. 565; Howitt v. Monical, 25 Ill. 123; Tucker v. Page, 69 Ill. 179; Sherfy v. Graham, 72 Ill. 158; Ingraham v. Whitmore, 75 Ill. 24; Phelps v. Dolan, 75 Ill. 90; Moody v. Nelson, 60 Ill. 229.

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.

[See §§ 3 and 4, ante; Williams v. Warren, 21 Ill. 553; Buntain v. Curtis, 27 Ill. 377; Frink v. Ryan, 3 Scam. 324; Ross v. Nesbit, 2 Gilm. 252; Smith v. Douglas, 16 Ill. 34; Denman v Bayless, 22 Ill. 300; Howett v. Monical, 25 III. 122; Cole v. Chapman, 2 Scam. 35; Nolte v. Lowe, 18 Ill. 437; Haywood v. Harmon, 17 Ill. 477; Burnside v. Potts, 23 Ill. 411; Eastman v. Armstrong, 26 Ill. 216.

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.

[Chandler v. Gay, Breese, 90; Cromwell v. Marsh, Breese, 295; Van Winkle v. Beck, 2 Scam. 488; Rogers v. Holden, 13 Ill. 293; Morris v. Thomas, 17 Ill. 112; Shirk v. Trainer, 20 Ill. 302.

[§ 19, repealed, omitted.

9

See "Statutes," ch. 131, § 5.

AN ACT concerning voluntary assignments, and conferring jurisdiction therein upon county courts. [Approved May 22, 1877 In force July 1, 1877.] *1. How made. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in all cases of voluntary assignments hereafter made for the benefit of creditor or creditors, the debtor or debtors shall annex to such assignment an inventory under oath or affirmation, of his, her or their estate, real and personal, according to the best of his, her or their knowledge; and also a list of his, her or their creditors, their residence and place of business if known, and the amount of their respective demands; but such inventory shall not be conclusive as to the amount of the debtor's estate, but such assignment shall vest in the assignee or assignees the title to any other property, not exempt by law, belonging to the debtor or debtors at the time of making the assignment and comprehended within the general terms of the same Every assignment shall be duly acknowledged and recorded in the county where the person or persons making the same reside, or where the business in respect of which the same is made has been carried on; and in case said assignment shall embrace lands, or any interest therein, then the same shall be recorded in the county or counties in which said land may be situated.

[Nimmo v. Kuykendall, 85 Ill. 476; Lipman v. Lowitz, 78 Ill. 252; Hafter v. Cahn, 73 Ill. 297; Paton v. Steward, 78 Íll. 481; Holden v. Sherwood, 1 Chicago L. J. 7. *2. Assignee to give notice for claims. § 2. That the assignee or assignees named in such assignment shall forthwith give notice thereof by publication in some newspaper published in the county, if any; and if none, then in the nearest county thereto, which publication shall be continued at least six weeks, and shall also forthwith send a notice thereof by mail to each creditor, of whom he or they shall be informed, directed to their usual place of residence and notifying the creditors to present their claims under oath or affirmation to him, within three months thereafter.

3. Inventory to be filed-bond to be given. § 3. That the