away, destroy, lessen in value, or otherwise injure or abuse any prop erty held in joint tenancy or tenancy in common, the party aggrieved shall have his action of trespass or trover, for the injury, in the same manner as he would have if such joint tenancy or tenancy in common did not exist.

[R S. 1845, P. 299, § 2; Benjamin v. Stremple, 13 III. 466; Neary v. Cahill, 20 Ill. 214; Newell v. Buckingham, 14 Ill. 405; Jones v. Stratton, 32 Ill. 202; Chandler v. Lincoln, 52 l. 74; Davis v. Lottich, 46 N. Y. 393; Reynolds v. McCormick, 62 Ill. 412; Brown v. Graham, 24 Ill. 628; Swartwout v. Evans, 37 Ill. 442; Crow v. Mark, 52 III. 332; Chambers v. Jones, 72 Ill. 275; Edward v. Hill, 11 Ill. 22.

3. What held joint and several. $3. All joint obligations and covenants shall be taken and held to be joint and several obligations and covenants.

[R. S. 1845. P. 299, § 3; Moore v. Rogers, 19 Ill. 347; Powell v. Kettelle, 1 Gilm. 491; Balance v. Samuel, 3 Scam. 380; Getty v. Binsse, 49 N. Y. 388; Conover v. Hill, 76 l. 342; Gould v. Sternburg, 69 Ill. 631; Gage v. Mechanics' Nat. Bank, 79 Ill. 62; Combs v. Steele, 80 Ill. 101.

When purchaser entitled to divi-
dends.

57.

52. Stock may be sold on execution.

53.

Mode of making levy.

58.

Set-off of executions.

54.

Mode of making sale.

59.

Proceedings in setting off executions.

55.

Certificate of officer of corporation

60.

Cases excepted.

penalty for refusal or false certifi

61.

Executions from

justices of the

cate.

peace.

56. Copy of execution and return left with company--certificate to pur-63.

62.

When ca. sa. may issue.

Demand.

chaser.

64.

Escape-re-arrest-pursuit.

65. Arrest of defendant-notice.

AN ACT in regard to judgments and decrees, and the manner of enforcing the same by execution, and to provide for the redemption of real estate sold under execution or decree. [Approved March 22, 1872. In force July 1, 1872. L. 1871-2, p. 505.] 1. Lien of judgment. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That a judgment of a court of record shall be a lien on the real estate of the person against whom it is obtained, situated within the county for which the court is held, from the time the same is rendered or revived for the period of seven years, and no longer: Provided, that there shall be no priority of When execution is not issued the lien of one judgment over that of another rendered at the same term of court, or on the same day in vacation.

on a judgment within one year from the time the same becomes a lien, it shall thereafter cease to be a lien; but execution may issue on such judgment at any time within said seven years, and shall become a lien on such real estate from the time it shall be delivered to the sheriff, or other proper officer, to be executed.

[R. S. 1845, P. 300, 1: Cottingham v. Springer, 88 Ill. 94; James v. Wortham, 88 lil. 72; Laurence v. McIntire, 83 Ill. 401; Karnes v. Harper, 48 Ill. 527; Morgan v. Evans, 72 Ill. 586; Davenport v. Karnes, 70 Ill. 466; Lumbard v. Abbey. 73 III. 177; 4 Gilm. 50; W. S. v. Duncan, 12 Ill. 523; Jones v. Guthrie, 23 Ill. 421; Wright v. Wallbaum, 39 Ill. 554; Bustard v. Morrison, 1 Scam. 236; Kinney v. Knoebel, 51 Ill. 119; Ewing v. Root, Ainsworth, 53 Ill. 464; Kirk v. Vonberg, 34 Ill. 440; Riggin v. Mulligan, Fitts v. Davis, 42 II. 391; Tenny v. Hemenway, 53 Ill. 97; Gridley v. Watson, 53 Lind, 29 Ill. 30; Bliss v. Clark, Ill. 186; Rainey v. Nance, 54 Ill. 30; Durham v. Heaton, 28 Ill. 275; Curtis v. 28 ill 367; Rodgers y. Dickey, 1 Gilm. 645; Smith v 39 Ill. 591: Wales v. Bogue, 31 Ill. 464; Curtis v. Root, 20 Ill. 54; Curtis y. Root, 28 Ill. 367; People v. Peck, 3 Scam. 118; Lampsett y. Whitney, 2 Scam. 441; Bryan v. Smith, 2 Scam. 47; Wickliffe v. Robinson, 18 Ill. 145; Harris v. Cornell, 80 Ill. 55; Eames v. G. Turn Verein, 74 Ill. 54; St. J. Mfg. Co. v. Daggett, 84 Ill. 557.

2. When the party in 2. Time of restraint deducted. whose favor a judgment is rendered is restrained, by injunction out of [*622] chancery, or by appeal, or by the order of a judge or court, or is delayed, on account of the death of the defendant, either from issuing execution or selling thereon, the time he is so restrained or delayed shall not be considered as any part of the time mentioned in [R. S. 1845, p. 300, § I. sections I or 6 of this act.

3. Definition of "real estate." § 3. The term "real estate," when used in this act, shall include lands, tenements, hereditaments, and all legal equitable rights and interest therein and thereto, including estates for the life of the debtor or of another person, and estates for years, and leasehold estates, when the unexpired term exceeds five

years.

R. S. 1845, p. 300, 1; Bowman v. People, & Ill. 248; Cottingham v. Springer, 88

Ill. 94: McLaurie v. Barnes, 72 III. 73; Vallette v. Bennett, 69 Ill. 632; Cook v. City of Chicago, 57 Ill. 269; Turney v. Saunders, 4 Scam. 532: Ferguson v. Miles, 3 Gilm. 358; Switzer v. Skiles, 3 Gilm. 532; Donaldson v. Holmes, 23 Ill. 85; Thomas v. Bowman, 29 III. 426; Tilghman v. Little, 13 III. 240; Hayes v. Bernard, 38 III. 302; Cook v. Norton, 48 Ili. 20; Hempstead v. Dickson, 20 Ill, 194; Fitch v. Pinckard, 4 Scam. 83; Funk v. McReynolds, 33 Ill. 481; Finley v. Thayer, 42 Ill. 350; Curtis v. Root, 20 Ill. 53; King y Cushman, 41 Ill. 37; Newman v. Willets, 52 III. 99; Blain v. Harrison, 11 III. 386; Newman v. Willets, 48 11. 534; Merry v. Bostwick, 13 Ill. 412; Watson v. Reissig, 24 Ill. 281; Blair v. Chamblin, 39 Ill. 522; weezy v. Chandler, 11 Ill. 445; McClure v Engelhardt, 17 Ill. 49; Pahlman v. Shumway, 24 Ill. 127: Baker v. Copenbarger, 15 Ill. 103.

4. Execution. 4. The person in whose favor any judgment, as aforesaid, may be obtained, may have execution thereon in the usual form, directed to the proper officer of any county, in this State, against the lands and tenements, goods and chattels of the person against whom the same is obtained, or against his body, when the same is authorized by law.

[R. S. 1845, P. 301, §5: Bryon v. Smith, 2 Scam. 47: Strode v. Broddwell, 36 III. 419 Bybee v. Ashby, 2 Gilm. 151; Ferris v. Crow, 5 Gilm. 96; Douglas v. Whiting, 28 Ill, 362.

5. Execution against body. § 5. No execution shall issue against the body of the defendant, except when the judgment shall have been obtained for a tort committed by such defendant, or unless the defendant shall have been held to bail upon a writ of capias ad_satisfaciendum [respondendum] as provided by law, or he shall refuse to deliver up his estate for the benefit of his creditors.

[See Const.," art. 2, § 12; R. S. 1845, P. 301. $6; People v. Cotton, 14 Ill. 414: McKindley v. Rising, 28 Ill. 337; People v. Greer, 43 Ill. 213.

6. No execution after seven years- venditio exponas. § 6. No execution shall issue upon any judgment after the expiration of seven years from the time the same becomes a lien, except upon the revival of the same by scire facias; but real estate levied upon within said seven years may be sold upon a venditio rei exponas, at any time within one year after the expiration of said seven years.

[See "Limitations. " ch. 83, $25; Stribling v. Prettyman, 57 Ill. 371; Priest v. Wheelock, 58 Ill. 114; McCormick v. Wheeler, 36 Ill. 124: Scammon v. Swartwout, 35 Ill. 337; James v. Wortham, 83 Ill. 69; Cottingham v. Springer, 83 Ill. 9o.

7. Interest. $7. Every execution issued upon a judgment shall direct the collection of interest thereon, from the date of the recovery of the judgment until the same is paid at the rate of six per centum per

annum.

[See "Interest," ch. 74, §3: R. S. 1845, p. 301, § 4; L. 1869, p. 238, §1; Haas v. Chicago Building Society, 80 Ill. 248.

8. When returnable. § 8. Executions and writs of venditio rei exponas shall be made returnable ninety days after the date thereof.

[R. S. 1845. p. 301, 8; Willoughby v. Dewey, 63 Ill. 246: Hargrave v. Penrod, Breese, 401 Bowen v Parkhurst, 24 III. 257. Bellingdal v. Duncan, 3 Gilm. 477 Phillips v. Dana, 3 Scam. 551; Reddick v. Cloud, 2 Gilm. 667; Logsdon v. Spivey, 54 Ill. 109; White v. Jones, 38 Ill. 160; Kingsley v. Parker, 34 Ill. 482; West v. Schnebly, 54 III. 525; Herod v. Bartley, 15 III. 58.

9. When execution binds personalty — noting receipt of. 9. No execution shall bind the goods and chattels of the person

against whom it is issued, until it is delivered to the sheriff or other proper officer to be executed; and for the better manifestation of the time, the sheriff or other officer shall, on receipt of such writ, indorse upon the back thereof the day of the month and year and hour when he received the same.

[R. S. 1845, p. 301, §8; Ross v. Weber, 26 Ill. 223: Davidson v. Waldron, 31 Ill. 121; Gilmore v. Davis, 84 Ill 487; Lawrence v. McIntyre, 83 Ill. 403.

10. What liable to execution. § 10. All and singular the lands, tenements, real estate, goods and chattels (except such as is by law declared to be exempt) of every person against whom any judg ment has been or shall be hereafter obtained in any court of record, for any debt, damages, costs, or other sum of money, shall be liable to be sold upon execution, to be issued upon such judgment.

[R. S. 1845. P. 300, § 1; Colwell v. Brower, 75 Ill. 516; Bowman v. People, 82 Ill. 248; Manly v. Pettee, 38 Ill. 128.

11. Election of property. 11. The person in whose favor execution is issued, may elect on what property not exempt from execu tion he will have the same levied, provided personal property shall be

last taken.

[R. S. 1845, P. 301, $9: Lewis v. Lamphere, 79 III. 192; Morgan v. People, 59 Ill. 58; Palmer v. Gardiner, 77 Ill. 144; McDaniel v. Fox, 77 Ill. 343: Howard v. Bennett, 72 Ill. 297: Herrick v. Swartwout, 72 Il 340; Gold v. Johnson, 59 Ill. 63; Leach v. Pine, 41 Ill. 66; Davidson v. Waldron, 31 l. 120; Douglas v. Whiting, 28 Ill. 363; Minor v. Herriford, 25 Ill. 344; Havely V. Lowry, 30 Ill. 450; Chittenden v. Roberts, 42 Ill. 105; Logsdon v. Spivey, 54 Ill. 107; Evans v. Landon, 1 Gilm. 307; Beaird v. Foreman, Breese, 385; Bingham v. Maxey, 15 Ill. 290; Pitts v. Magie, 24 lil. 612; People v. Palmer, 46 III. 398; Smith v. Hughes, 24 Ill. 271; Curtis v. Root, 28 III. 377 Trenary v. Chever, 48 III. 28; Ambrose v. Weed, 1 I. 488 Montgomery v. Wayne, 14 Ill. 374; Martin v. Charter, 27 Ill. 294; Babcock v. McCamant, 53 Ill. 218 Thorpe v. Wheeler, 23 III. 546; Tuttle v. Wilson, 24 Ill. 553; Ryder v. Buckmaster, 3 Scam. 196; Gregory v Stark, 3 Scam. 612; Pearl v. Wellman, 3 Gilm. 311; Yourt v. Hopkins, 24 Ill. 326; U. S. v. Dashial, 3 Wall. (U. S.) 699; See note to § 3, supra.

When real or per

12. Sales in separate tracts, etc. § 12. sonal property is taken in execution, if the same is susceptible of division it shall be sold in separate tracts, lots or articles, and only so much shall be sold as is necessary to satisfy the execution and costs.

[R. S. 1845, P. 302, § 10; Hay v Baugh, 77 Ill. 500; Morris v. Robey, 73 Ill. 462 ; Gillespie v. Smith, 29 Ill. 481 Winchell v. Edwards, 57 Ill. 41; Tibbetts v. Jageman, 58 Ill 43: Dewey v. Willoughby, 72 Ill. 250; Day v. Graham, 1 Gilm, 441; Kinney v. Knoebel, 51 Ill. 123; Cowen v. Underwood, 16 Ill. 23; McLean Co. Bank v. Flagg, 31 Ill. 294; Meeker Evans, 25 I. 322; Phelps v. Conover, 25 III. 312; Ross v. Mead, 5 Gilm. 173; Gillespie v. Smith, 29 Ill. 481; Prathey v. Hill, 36 Ill. 402; Fergus v. Woodworth, 44 Ill. 374; Ballance v. Loomis, 22 Ill. 85; Mixer v. Sibley, 53 Il. 61: Noyes v. True, 23 Ill. 503; Roberts v. Fleming, 53 ll. 196; Fairman v. Peck, 87, Ill. 156; Roseman v. Miller, 84 III. 297.

13. Participation of executions. 13. When the lien of several judgments is concurrent, by reason of the same having been rendered at the same term of court or on the same day in vacation, and execution issued upon any one of such judgments as levied upon prop. erty subject to such lien, the property so levied upon shall be [*623] sold for the benefit of all executions issued upon such judg ments, and delivered to the same officer or any of his deputies before

sale; and the proceeds of such sale shall be divided upon the several executions, pro rata, according to their several amounts.

[Gay v. Rainey, 89 III. 224; McConnell v. People, 71 Ill. 481; Lawrence v. McIn tyre, 83 Ill. 399; Rodgers y. Dickey, 1 Gilm. 636; Leach v. Pine, 41 l. 65; See $ 51. post.

14. Notice of sale of real estate. § 14. No real estate shall be sold by virtue of any execution aforesaid, except at public vendue, between the hours of nine in the morning and the setting of the sun of the same day, nor unless the time (specifying the particular hour of said day at which said sale shall commence) and the place of holding such sale shall have been previously advertised three successive weeks, once in each week, in a public newspaper printed and published in the county where said sale shall be made (if there be any newspaper printed and published in said county), and by putting up written or printed notices thereof in at least three of the most public places in the county where the real estate is situated, specifying the name of the plaintiff and defendant in the execution-in all of which said notices the real estate to be sold shall be described with reasonable certainty, and if there shall be more than one newspaper published in such county, the judgment creditor or his attorney may designate the newspaper in which such notice shall be published: Provided, that no greater charge shall be made for publishing said notices than $2 for each one hundred words contained therein.

R. S. 1845, P.

[As amended by act approved March 30, 1874. In force July 1, 1874. 302, 11; McCormick v. Wheeler, 36 III. 114; Fitch v. Pinckard, 4 Scam. 83; Jackson v. Spink, 59 III. 404; Osgood v. Blackmore, 59 Ill. 261; Stewart v. Cross, 5 Gilm. 442; Mason v. Thomas, 24 III. 286; McConnel v. Gibson, 12 Ill. 128; King v. Cushman, 41 Ill. 31 Reynolds v. Wilson, 15 Ill. 394; Trustees, etc., v. Snell, 19 fl. 156; Cook v. City of Chicago, 57 Ill. 263; Botsford v. O'Conner, 57 Ill. 74; Rigney v. Small, 60 ill. 416; Phillips v. Coffee, 17 Ill. 154; Wing v. Dodge, 80 Ill. 564; Roseman v. Miller, 84 Ill. 297; James v. Wortham, 88 III. 69.

15. Penalty for neglect of officer. $15. If any sheriff or other officer shall sell any real estate by virtue of any such execution, otherwise than in the manner aforesaid, or without such previous notice, the officer so offending shall, for every such offense, forfeit and pay the sum of $50, to be recovered with costs of suit, by the person whose property is sold: Provided, however, that no such offense, nor shall any irreg ularity on the part of the sheriff, or other officer having the execution, be deemed to affect the validity of any sale made under it, unless it shall be made to appear that the purchaser had notice thereof.

[R. S. 1845, P. 302, § 11: Vanscoyoc v. Kimler, 77 Ill. 151: Wing v. Dodge, 80 Ill. 564; Stewart v. Croes, 5 Gilm. 442.

16. Certificate. § 16. When any real estate is sold by virtue of an execution, judgment, or decree of foreclosure of mortgage, or enforcement of mechanic's lien, or vendor's lien, or for the payment of money, it shall be the duty of the sheriff, master in chancery, or other officer, instead of executing a deed for the premises sold, to give to the purchaser a certificate describing the premises purchased by him, showing the amount paid therefor, or if purchased by the person in whose favor the execution or decree is, the amount of his bid, the time when