to the person arrested reasonable time and opportunity to procure bail before committing such person to the jail. [As amended by act approved February 25, 1874. R. S. 1845, p. 81, § 3; Neil v. Morgan, 28 Ill. 524; Gorton v. Frizzell, 20 Ill. 294: Tuttle v. Wilson, 24 Ill. 560; Outlaw V.Davis, 27 Ill. 467; Parker v. Smith, 1 Gilm. 415; Barnes v. Barber, 1 Gilm, 406; McDonald v. Wilkie, 13 Ill. 22; Tefft v. Ashbaugh, 13 Ill. 602; Martin v. Walker, 15 Ill. 379. 5. Who may be special bail. 5. No person shall be permitted to be special bail in any action, unless he be a householder and resident within this State, and of sufficient property; and no counselor or attorney at law, sheriff, under sheriff, bailiff, constable, or other person concerned in the execution of process, shall be permitted to be special bail in any action. [R. S. 1845, p. 80, § 1; L. 1857, p. 103, § 3; Jack v. People, 19 Ill. 57. 6. Bail offered may be examined on oath. $6. In any and all cases where the sheriff shall be by law required to take bail upon any writ of process, such sheriff shall have the power to administer oaths, and to examine the person offered as bail, touching his sufficiency, and shall require such examination to be reduced to writing, and signed by the person offered as bail. [L. 1857, p. 103, § 5. 7. When the officer is liable for bond. 7. In case the sheriff or other officer executing such process, and to whom it shall be directed, shall neglect to take such bond, or the bail be held insufficient, on exception taken and entered of record during the term to which such writ shall be made returnable, the sheriff or other officer having reasonable notice of taking such exception shall, in either case, be deemed and stand as special bail in the action; and the plaintiff may proceed to judgment against such sheriff or other officer, as in other cases against special bail. [R. S. 1845, p. 81, § 3; Gorton v. Frizzell, 20 Ill. 294; Tuttle v. Wilson, 24 Ill. 553. 8. Rights of officer. § 8. Where the bail shall be adjudged insufficient by the court, the bond shall in that case stand as a security to the sheriff or other officer issuing such process, who may, upon a forfeiture of the condition to appear and perfect bail, proceed thereon, in an action of debt or covenant, to recover the amount of whatever damages he may have sustained by reason of the non-performance of such condition; and shall also have the same right to arrest and detain the principal in custody, in case the bail shall be adjudged insufficient by the court, and the principal shall not perfect bail within the time required by law, as the bail might have had. If he shall elect to arrest and com[*180] mit the principal to prison, then his remedy on the bond shall cease, and the bond be void. The sufficiency of the bail shall be excepted to, during the term to which the writ is returnable; otherwise the same shall be considered as accepted by the plaintiff. Objections to the sufficiency of the bail shall be decided by the court in which the exception is taken, without delay, on such evidence as may be produced, and as it may deem satisfactory. The burthen of proof shall lie on the party affirming the sufficiency, allowing the bail to be examined on oath or affirmation, touching his sufficiency. [R. S. 1845, p. 82, § 4. 9. Discharge of defendant. 9. The court in term time, or the judge in vacation, may, on application, discharge the defendant from arrest for insufficiency of the affidavit, or because the facts stated therein are not true, or other good cause which would entitle him to be discharged upon habeas corpus, or in case he has given bail may discharge the same, or reduce the amount thereof, upon good cause shown. [R. S. 1845, p. 80, 82, last sentence; Adams v Bartlett, 5 Gilm 170; Walker v. Welch, 14 Ill. 364; Phillips v. Kerr, 26 Ill. 214; Wallis v. Keeney, 88 I. 371. 10. When capias shall stand as summons. § 10. In case of a discharge of the defendant, or his bail, the capias shall stand as a summons. [Wann v. McGoon, 2 Scam. 74; Wallis v. Keeney, 88 Ill. 371. 11. Surrender of defendant. II. It shall be lawful for the defendant in any action, in any court of record, when bail shall have been given as aforesaid, to surrender himself, or for his bail to surrender him, at any time before the return day of the process which may have been sued out against the bail, to the court in which the suit may be pending, during the sitting thereof, or in vacation, to the sheriff or other officer who executed the capias. [R. S. 1845, p. 82, § 5; Gear v. Clark, 3 Gilm. 64; Cleveland v. Skinner, 56 Ill. 501. 12. Proceedings on surrender in term. 12. In case the surrender shall be made during the sitting of the court, an entry shall be made on the records of the court, stating the surrender and commitment of the defendant to the custody of the sheriff. [R. S. 1845, p. 82, § 5. 13. Proceedings on surrender in vacation. § 13. If the surrender be made in vacation, the bail or principal shall obtain a certified copy of the bail bond from the sheriff or clerk of the court, in whosoever possession the same may be, and shall deliver himself, or be delivered by his bail to such sheriff, who shall thereupon indorse on such copy of the bail bond an acknowledgment of the surrender of the body of the defendant to his custody, and the defendant shall be committed to the jail of the county, there to remain until discharged by due course of law. [R. S. 1845, p. 82, § 5. 14. Surrender pending suit against bail. §14. If the surrender is made pending a suit against the bail, the said copy of the bond with such acknowledgment shall be filed in the office of the clerk of the court in which the action is pending. If before such suit, the same shall be filed with the clerk of the court in which the original action was brought. [R. S. 1845, p. 82, § 5. 15. Discharge of bail. 15. Upon giving notice of the surrender whether made in term time or vacation, to the plaintiff or his attorney, and paying the costs of the action against the bail, if any have accrued, the bail shall be discharged from all liability. [R. S. 1845, p. 82, $5. 16. Discharge of defendant. 16. If the surrender be after judgment, and the plaintiff shall not cause the defendant to be held on execution within five days after notice thereof, he shall be discharged out of custody; the plaintiff may, notwithstanding such discharge, have exe cution against the real and personal estate of the defendant. [R. S. 1845, p. 82, § 5. 17. New bail after surrender. 17. Any defendant surrendered into custody or committed by his bail, in manner aforesaid, may, at any time before final judgment shall have been rendered in the action, discharge himself from custody by giving other good and sufficient special bail; the sheriff or other officer authorized to take bail, shall take new bail to the same effect as hereinbefore provided. [R. S. 1845, p. 82, 6. 18. Security may surrender principal. § 18. In all cases of bail, under this act, it shall be lawful for the bail to arrest and secure the body of the principal, until a surrender can be made [*181] to the sheriff of the county where the suit may be pending, or to the court to which the process was returnable, and may, by indorsement upon the back of a duly certified copy of the bail bond, authorize any other person to arrest, secure and surrender the body of the principal. [R. S. 1845, p. 82, §7; Brown v. People, 26 Ill. 30. 19. Suit on bail bond. 19. All bail taken according to the directions of this act shall be deemed and taken as special bail, and may be proceeded against by proper action, in the name of the obligee, for the use of the party injured. [R. S. 1845, p. 82, § 4, first part; Hunter v. Gilham, Breese, 51. 20. When suit may be brought. § 20. Hereafter, no suit shall be commenced upon any bail bond, in any civil action, until a writ of capias ad satisfaciendum shall have issued against the defendant in the original action, directed to the sheriff of the county in which such defendant was arrested, and such sheriff shall have returned, that the said defendant was not found in his county; if any action shall hereafter be commenced upon such bond, and it shall not appear upon the trial thereof that the writ of capias ad satisfaciendum was issued and returned in the manner herein [before] mentioned, a verdict shall be found for the defendant. It shall be also necessary to charge the bail that such writ of capias ad satisfaciendum should be issued and delivered, at least ten days before the return day thereof, to the sheriff of the county, or officer to whom it may be directed; such sheriff or other officer shall endeavor to serve such writ upon the defendant, any directions which he may receive from the plaintiff or his attorney to the contrary notwithstanding. [R. S. 1845, p. 83, § 8: Murphy v. Summerville, 2 Gilm. 360; Fergus v. Hoard, 15 Ill. 357; Adams v Bartlett, 5 Gilm, 170; Stafford v. Low, 20 Ill. 152; Tuttle v. Wilson, 24 Ill 553; Parker v. Follensbee, 45 Ill. 473; McKindley v. Rising, 28 Ill. 337; O'Conner v. Mullen, 11 Ill. 116; Freeman v. People, 54 Ill. 154. 21. Surety may have judgment against principal, on motion. § 21. In all cases where judgment shall hereafter be entered up in any court of record in this State, against any person as bail for another, and the amount of such judgment or any part thereof has been paid, or discharged by such bail, his executor, administrator or heirs, it shall and may be lawful for such bail, his heirs, executor or administrator, to obtain judgment by motion against the person for whom he was bound, for the full amount of what shall have been paid by the said bail, his heirs, executor or administrator, in such court where judgment shall have been entered up against such bail. Before judgment shall be entered up against the principal, ten days' previous notice of such motion shall be given to him, if a resident of this State; and if a non-resident, then notice of such motion shall be published, for four weeks successively, in some newspaper printed in the county in which said proceeding shall be had, and in case no newspaper shall be published in said county, then in the nearest county in which a newspaper shall be published. [R. S. 1845, p. 83, § 9; P. 494, § 8; Mather v. People, 12 Ill. 9. 22. Effect of death of principal. § 22. In all actions against bail, it shall be lawful for the bail to plead, in bar of such actions, the death of the principal before the return day of the process against the bail; if, on the trial of any such issue, the death of the principal be found to have happened before such return day, judgment shall be given in favor of the defendant; he shall, notwithstanding, be liable to judgment and execution for the costs of suit, unless such death shall be found to have taken place before the commencement of the action. [R. S. 1845, p. 83, 10. 23. Effect of arrest by U. S., or on requisition. § 23. If any defendant, having given special bail in any action, shall afterward be legally arrested and delivered over to the executive authority of the United States, or of any State or territory thereof, upon a charge of having committed a crime out of the jurisdiction of this State, and shall be thereupon carried beyond the limits thereof, such bail shall be discharged from all liability incurred as bail, if the defendant has not returned to this State discharged from such arrest, before he shall be liable to be charged as bail for such defendant. [R. S. 1845, p. 83, § II. 24. Effect of discharge in bankruptcy. 24. When any [*182] solvent debtor, agreeably to the laws of this State respecting defendant in any civil action shall have been discharged as an in insolvent debtors, or under any bankrupt law of the United States, and a certificate from the authority lawfully granting the same shall be produced to the court, the bail of such defendant shall, in all cases, be entitled to have an exoneretur entered upon the records of the court, which shall, thereupon, operate as a discharge from the bond in the same manner as if he had surrendered his principal in court, or to the sheriff, as hereinbefore directed; Provided, that judgment shall not have been recovered against him as the bail of such defendant. [R. S. 1845, p. 83, § 12; People v. Greer, 43 Ill. 215. 25. No scire facias against bail. § 25. Hereafter, proceedings by scire facias against bail, in civil cases, shall not be allowed in any court of record in this State. [R. S. 1845, p. 84, 13. 44 [$ 26, repeal, omitted. See Statutes," ch. 131, § 5. 1 Banking associations authorized. 4. Appointment of officers-by-laws- SECTION 21. Conduct of business-officers-salaries. borrow 22. Persons disqualified to 26. Receipt of money-dividends. 6 Liability of shareholders-transfer 27. Investment of moneys. of stock. 7. Reports to auditor-penalty-fee. 28. Duty to invest-available fund. 8. Examination of affairs-examiner 30. Loans upon real estate. and his compensation. 9. Corporate powers. 31. Prohibited dealings. 32. Deposits and withdrawal thereof. Dividends and surplus. 10. Limit of liabilities for money bor-33. rowed. 11. Capital stock-impairment thereof. 12. Change of organization, name, etc. 13. Consolidation. 14 Ratification of prior changes 15. Closing up business 16. Popular vote provided for. 17. Savings associations - articles of association. 18. Notice and publication of articlespermit and non user. 19. When corporate powers vest. 20. First trustees-vacancies. 34. Compensation of trustees. 36. Verification of report. 38. Examination by superintendent. 41. Superintendent of banking depart- AN ACT concerning corporations with banking powers. [Approved June 16, 1887. In force July 1, 1887. L. 1887, p. 89.. 1. Banking associations authorized. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That on a ratification of this act by a vote of the people in accordance with the constitution of this State, it shall be lawful to form banks and banking associations for the purpose of discount and deposit, and to buy and sell exchange, and do a general banking business, excepting only issuing bills to circulate as money, and shall have power to loan money on personal and real security and accept and execute trusts. 2. Articles of association-permit. 2. When any association of persons desire to avail themselves of the provisions of this act, they may apply to the auditor for permission to organize, stating their place of business, the amount of capital and name under which they desire to organize, and the time for which such association shall continue, which statement shall be under their hands and seals and acknowledged before some officer authorized by law to acknowledge deeds; and the |