unless further time is given therefor by the court, upon good reason shown why the same could not be filed in the time aforesaid. 28. Proceedings on appeal. 28. The circuit court shall, at the term to which the appeal is taken (unless for good cause), proceed to hear and determine the matter, and, at the request of either party, impanel a jury to find the facts. The circuit court may affirm or reverse the order or judgment of the county court, in whole or in part, and give such directions to the county court, in the premises as shall be according to equity and justice, and make all necessary orders in the premises. Upon the filing of a certified copy of the order of the circuit court, directing further proceedings in the county court, the cause shall proceed therein in conformity therewith. [R. S. 1845, p. 284, § 12.

29. Stay during appeal. 29. No assignee shall sell any property assigned to him by any debtor as aforesaid, during the pendency of any appeal to the circuit court, unless the same be of a perishable nature, and such as will be materially injured in its value by delay. [R. S. 1845, p. 284, § 11.

30. Jail fees. In all cases where any person is committed to the jail of any county upon any writ [of] capias ad respondendum or capias ad satisfaciendum issued in any suit, it shall be the duty of the creditor in such writ to pay the keeper of the jail or sheriff his fees for receiving such person, and his board for one week at the time the debtor is committed to jail and before the jailer shall be bound to receive the debtor, and in default of such payment, the debtor may be discharged: Provided, the officer having such debtor in charge shall give reasonable notice to the creditor or his agent or attorney, if within the county, that such debtor is about to be committed to jail on such writ. [L. 1853, p. 258, § I.

31. Further jail fees- unexpended fees. 31. Should the debtor be detained in jail under such writ for more than one week, it shall be the duty of the creditor, at the commencement of each week, to advance to such jailer the board of the debtor for the succeeding week, and in default of such payment in advance, the debtor may be discharged by such jailer. In case the debtor shall not be detained in such [*589] jail for any week for which his board may have been paid in advance, the jailer shall return to the creditor, or his agent or attorney, the amount so advanced for, and unexhausted in boarding. L. 1853, p. 259, $2.

32. Jail fees-costs. § 32. The amount paid by any creditor (under the provisions of this act) to the jailer, shall be indorsed by the same on the writ on which the debtor was committed, and shall be charged against and collected of the debtor as part of the costs in the suit in which the writ is issued. [L. 1853, p. 259, 3.

33. Effect of discharge of debtor. 33. The discharge of any person under the foregoing provision of this act, shall be no discharge or satisfaction of the demand, judgment or costs upon which he was arrested or imprisoned, or any debt mentioned in such schedule, but the same may be enfored against the property of such discharged person. [L. 1853, P. 259, § 2; Strode v. Broadwell, 36 Ill. 419.

34. Satisfaction by imprisonment. § 34. In any case where the defendant arrested upon final process shall not be entitled to relief under the provisions of this act, if the plaintiff will advance the jail fees and board in manner hereinbefore provided, the defendant may be imprisoned at one dollar and fifty cents per day, until the judgment shall be satisfied, and the officer making the arrest shall indorse the execution" satisfied in full by imprisonment: Provided, that no person heretofore or hereafter imprisoned under the provisions of this act, shall be imprisoned for a longer period than six months from the date of arrest; and all persons imprisoned under the provisions of this act for the period of six months or more at the time this act takes effect, shall thereupon be immediately discharged: Provided, however, that no person shall be released from imprisonment under this act who neglects or refuses to schedule in manner and form as provided by this act. [As amended June 14, 1887. L. 1887. p. 194. 35. False oath. 35. Any person who shall be convicted of taking a false oath in any proceeding under this act, shall be deemed guilty of willful perjury, and on conviction shall suffer the pains and penalties enforced by law therefor. [R. S. 1845, P. 286, § 23.

$ 36, repeal, omitted. See "Statutes," ch. 131, § 5.

[NOTE.- For Voluntary Assignments for benefit of creditors, see ch. 10a, p. 118.]

[*591] FIRE, MARINE AND INLAND NAVIGATION.

AN ACT to incorporate and to govern fire, marine and inland navigation Insurance companies doing business in the State of Illinois. [Approved March 17, 1569. In force July 1, 1869, L. 1869, p. 209.]

1. Who may incorporate – purposes. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That any number of persons, not less than thirteen, may associate and form an incorporated company for the following purposes, to-wit: To make insurance on dwelling-houses, stores and all kinds of buildings, and upon household furniture and other property, against loss or damage by fire, lightning and tornadoes, or either or any of said causes, and the risks of inland navigation and transportation; any and all insurance companies hereafter incorporated under the provisions of this act, which shall in the declaration and charter provided to be filed, have expressed an intention to make insurance, or shall have power to make insurance against loss or damage by the risks of inland navigation or transportation, shall have power to make insurance upon vessels, boats, cargoes, goods, merchandise, freights and other property against loss and damage by all or any of the risks of lake, river, canal and inland navigation and transportation. [As amended by act approved May 25, 1881. In force July 1, 1881. L. 1881, p. 99; see post, 850a; Illinois F. Ins. Co. v. City of Peoria, 20 Ill. 180; People v. Thurber, 13 Ill. 558; Republic Ins. Co. v. Pollak, 75 Ill. 292; Home Ins. Co. v. Augusta, 3 Otto, 116.

*1a. Companies already incorporated may insure against loss by lightning, etc. § 2. Any company heretofore incorporated under the provisions of said act, or the act of which said act was an amendment, which shall in the declaration and charter filed in accordance with the provisions of said act, approved March eleventh, eighteen hundred and sixtynine, or said act approved May thirty-first, eighteen hundred and seventy-nine, have expressed an intention to make insurance against loss or damage by fire, or

by fire and lightning, is hereby authorized to insure against loss by fire, lightning and tornadoes, or either or any of said causes; and in all cases wherein any such company has heretofore insured against loss or damage from either, any or all of said causes, such insurance shall be binding on such company. [As amended by act approved May 25, 1881. In force July 1, 1881. L. 1881, p. 99.

2. May reinsure. § 2. Any companies organized under this act shall have power to effect reinsurance of any risks taken by them respectively. [Illinois M. Fire Ins. Co. v. Andes Ins. Co., 67 Ill. 362.

3. Declaration · copy of charter. § 3. Such persons shall file in the office of the auditor of public accounts a declaration, signed by all the corporators, expressing their intention to form a company for the purpose of transacting the business of insurance as expressed in the first section of this act, which declaration shall also comprise a copy of the charter proposed to be adopted by them, and shall publish a notice of such their intention, once in each week, for at least four weeks, in a public newspaper in the county in which such insurance company is proposed to be located.

4. Form of charter. 4. The charter comprised in such declaration shall set forth the name of the company, the place where the principal office for the transaction of its business shall be located, the mode and manner in which the corporate powers granted by this act are to be exercised, the mode and manner of electing trustees or directors, a majority of whom shall be citizens of this State, and of filling vacancies (but each director of a stock company shall be the owner, in his own right, of at least $500 worth of the stock of such company, at its par value), the period for the commencement and termination of its fiscal year, and the amount of capital to be employed in the transaction of its business; and the auditor of public accounts shall have the right to reject any name or title of any company applied for, when he shall deem the name too similar to one already appropriated, or likely to mislead the public in any respect.

5. Restriction. 5. No company formed under this act shall, directly or indirectly, deal or trade in buying or selling any goods, wares, merchandise, or other commodities whatever, excepting such articles as may have been insured by such company, and are claimed to be damaged by fire or water.

6. Capital of joint stock companies -risks. § 6. No joint stock company shall be incorporated under this act in the city of Chicago, nor shall any company incorporated under this act establish any agency for the transaction of business in said city, with a smaller capital than one hundred and fifty thousand dollars ($150,000), actually paid ia, in cash, nor in any other county in this State with a smaller capital than one hundred thousand dollars ($100,000), actually paid in, in cash. Nor shall any company formed under this act, for the purpose of doing the business of fire or inland navigation insurance on the plan of mutual insurance, commence business, if located in the city of Chicago, nor establish any agency for the transaction of business in said city, until agreements have been entered into for insurance with at least four hundred applicants, the premiums on which shall amount to not less than two hundred thousand dollars ($200,000), of which forty thousand dollars ($40,000), at least, shall have been paid in cash, and notes of solvent parties, founded on actual and bona fide application for insurance shall have been received for the remainder, nor shall any mutual insurance company in any other part of the State commence business until agreements have been entered into for insurance with at least one hundred applicants, the premiums on which shall amount to not less than fifty thousand dollars ($50,000), of which ten thousand dollars ($10,000) at least shall have been paid in cash and notes of solvent parties founded on actual