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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,

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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 same, you summon (here insert the name of the owner of the boat, if known), to be and appear before me at my office in in said county and State, on the 18 , at M., then and there to answer (name of boat). And have

day of

o'clock

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

18 .

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. If the property has been released, the execu[*168] tion 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.

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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 11. 60: Dowty v. Holtz. 85 l. 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 III. 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, 70 111, 19.

His powers and duties.-M. C. R. Co. v. Gougar, 55 III. 503; People v. Lamborn, 1 Scam 127; Peru v. French, 55 1 317; Nolan v. Jackson, 16 Ill. 272; Vickery v. McClelland, 61 Il 311: Risley v. Fellows, 5 Gilm. 531; Cornelius v Wash, Breese, 98; Morgan v. Roberts, 38 Ill. 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 11. 183; McLain v Watkins, 43 Ill. 24; Zeigler v Hughes, 55 11 288; Nelson v. Cook, 19 11. 452: Trumbull v. Nicholson, 27 Ill. 151; Clawson v. Munson, 55 III. 394; Conwell v McCowen, 53 Ill. 364; Walsh v. Shumway, 65 Ill. 472; Krug v. Ward, 77 I. 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 III, 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 Ill. 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 III. 151; Morgan v. Roberts, 38 Ill. 66; Ross v. Demos, 45 III. 447.

Lien

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Toupin v. Gargnier, 12 Ill. 79; Chapman v. Shattuck, 3 Gilm. 49; Henchey v. 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 Ill. 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 Ill. 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 Ill. 394; Kilgour v. Crawford, 51 Ill. 250; Lilly v. Shaw. 59 Ill. 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 Ill. for; Joslyn v. Dickerson, 71 Ill, 25; Stenger v. Edwards, 70 Ill. 631; Smith v Smith, 69 III. 308; Hughs v. Veigler, 69 Ill. 38; Gilbert v. Holmes, 64 Ill. 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. [R. S. 1845, p. 74, § 10. See Supreme Court Rule 44.

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 on the said license.

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

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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

within this State, and the justices of the supreme court, in open court, shall have power at their discretion to strike the name of any attorney or counselor at law from the roll for mal-conduct in his office; and any judge of a circuit court, or of the superior court of Cook county, shall, for like cause, have power to suspend any attorney or counselor at law from practice in the court over which he presides, during such time as he may deem proper, subject to the right to have such order set aside by the supreme court upon appeal.

[R. S. 1845. P. 73, § 4; People v. Goodrich, 79 Ill. 148; Winkelman v. People, 50 Ill. 449; People v. Lamborn, 1 Scam 123; People v. Palmer, 61 Ill. 255; People v. Ford, 54 Ill. 520; People v. Harvey, 41 I. 277; People v. Barker, 56 III. 299; People v. Allison, 68 III. 151.

7. Refusal to pay over money collected-striking from roll. 7. In all cases when an attorney of any court in this State, or solicitor in chancery, shall have received, or may hereafter receive, in his said office of attorney or solicitor, in the course of collection or settlement of any claim left with him for collection or settlement, any money or other property belonging to any client, and shall, upon demand made, and a tender of his reasonable fees and expenses, refuse or neglect to pay over or deliver the same to the said client, or to any person duly authorized to receive the same, it shall be lawful for any person interested, to apply to the supreme court of this State for a rule upon the said attorney or solicitor, to show cause, at a time to be fixed by the said court, why the name of the said attorney or solicitor should not be stricken from the roll, a copy of which rule shall be duly served upon said attorney or solicitor at least two days previous to the day upon which said rule shall be made returnable; and if, upon the return of said rule, it shall be made to appear to the said court that such attorney or solicitor has improperly refused or neglected to pay over or deliver said money or property so demanded as aforesaid, it shall be the duty of the said court to direct that the name of the said attorney or solicitor be stricken from the roll of attorneys in said court.

[R. S. 1845, p. 73, § 5; Walker v. Stevens, 79 Ill. 193; People v. Palmer, 62 Ill. 255; Custer v. Agnew, 83 II. 194; People v. Leary, 84 II. 190; People v. Cole, 84 Ill. 327.

8. Notice of complaint-defense-effect of striking from roll. § 8. Every attorney, before his name is stricken off the roll, shall receive a written notice from the clerk of the supreme court, stating distinctly the grounds of complaint, or the charges exhibited against him, and he shall, after such notice, be heard in his defense, and allowed reasonable time to collect and prepare testimony for his justification. And every attorney whose name shall, at any time, be stricken from the roll by order of the court in manner aforesaid, shall be considered as though his name had never been written thereon, until such time as the said justices, in open court, shall authorize him to sign or subscribe the same.

[R. S. 1845, P. 73, § 6; People v. Goodrich, 79 Ill. 148; Randall v. Brigham, 7 Wall.

523.

9. When liable to arrest-when privileged from. $9. All attorneys and counselors at law, judges, clerks and sheriffs, and all other officers of the several courts within this State, shall be liable to be

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