38. Executor, etc., to buy in real estate assets. $ 38. When it is necessary, in order to secure the collection of a judgment or decree belonging to any estate, it shall be the duty of the executor or administrator to bid for and become the purchaser of real estate at the sale thereof by the sheriff, master in chancery, or other officer. The premises so purchased shall be assets in his hands, and may be again sold by him, with the approval of the county court, and the moneys arising from such sale shall be accounted for and paid over as other moneys in his hands.

[R. S. 1845, p. 308, § 42: Scott v. Moore, 3 Scam. 307; Miles v. Wheeler, 43 Ill 126; Willenburg v. Murphy, 36 Ill. 344.

39. Death of defendant-proceedings on. § 39. When a person shall die after the rendition of a judgment or decree for the payment of money against him is obtained in a court of record, execution may issue against the real estate of such deceased person, or sale may be made under such decree without reviving the judgment or decree against his heirs or legal representatives: Provided, that no execution shall issue or sale be made until after the expiration of twelve months from the death of such deceased person, nor shall any sale be had on any such execution or decree until the person in whese favor the judgment or decree is sought to be enforced shall give to the executor or administrator, or if there be neither, the heirs of the deceased, at least three months' notice of the existence of such judgment or decree, before issuing execution or proceeding to sell, which notice shall be in writing when the parties required to be notified reside or may be found within the state, and their place of residence known, otherwise publication notice shall be given in the manner directed for chancery proceedings in sections twelve and thirteen of an act entitled An act to regulate the practice in courts of chancery," approved March fifteen, eighteen hundred and seventy-two.

[As amended by act approved April 2, 1875. In force July 1, 1875. L. 1875, p 86. R. S. 1845, p. 307, § 37; p. 31, §2; Clingman v. Hopkie, 78 III. 152; Scammon v. Swartwout, 35 III. 326; Wight v. Wallbaum, 39 Ill. 554; Taylor v. Doe, 13 How(U. S.) 294; Dodge v. Mack, 22 III. 93; Logsdon v. Spivey, 54 III. 10s; Reynolds v Henderson, 2 Gilm. 110; Paschall v. Hailman, 4 Gilm. 285; Tourney v. Young, Ill. 256; Laflin v. Herrington, 16 Ill. 301; Littler v. People, 43 III. 194; Letcher v Morrison, 27 Ill. 209; 4 Wall. (U.S.) 243; Pike v. Baker, 53 Ill. 163; People v. Bradley, 17 Ill. 485; McCormick v. Wheeler, 36 I. 124; Turney v. Gates, 12 Ill. 141 Pickett v. Hartsock, 15 Ill. 279; Albee v. Wachter, 74 Ill. 173.

*40. Chattels. $ 40. All goods and chattels, real or personal, may be taken and sold on execution, except as otherwise provided by law = [*627] Provided, that when any officer shall levy an execution on live stock

or other personal property, and the same shall not be immediately replevied o restored to the debtor, such officer shall provide sufficient sustenance for the support of such live stock and shall provide for the proper care and storage of such personal property until the same shall be replevied, sold or discharged from such execution; said officer shall receive a reasonable compensation therefor, to be ascertained and determined by the court out of which the writ issued → or any judge thereof in vacation, to be advanced to him from time to time by the plaintiff in the execution, and the amount of such compensation shall be collectible as a part of the costs in the case. [As amended June 16, 1887. L 1887, p. 213.

[See Exemptions," ch. 52; R. S. 1845, p. 300, § 1; Prout v. Grout, 72 Ill. 457 = McClusky v. McNeely, 8 Gilm. 578.

41. Gold, etc. § 41. Current gold or silver coin, or other legal tender, may be taken on execution, and may be paid over to the creditor as money collected.

42. Bank bills, etc. 42. Bank bills, and all other bills or evi – dence of debt, issued by a moneyed corporation and circulated as money, may be taken on execution and paid to the creditor, at their par value, as money collected, if he will receive them; otherwise they shall be sold like other chat tels.

43. Indemnity to officer. 43. If there is reasonable doubt as to the ownership of the goods, or as to their liability to be taken on the execution, the officer may require sufficient security to indemnify him for taking them.

[Cummings v. McKinney, 4 Scam. 60; Ambrose v. Root, 11 Ill. 500.

44. Delivery bond. § 44. When personal property is levied upon, or about to be levied upon, if the defendant will give bond with sufficient security, to be approved by the officer, payable to the creditor, in double the amount of the execution, conditioned to deliver the property levied upon uninjured at the time and place where the same is to be sold, which shall be named in the condition, the sheriff may allow the property to remain with the defendant. [R. S. 1845, p. 306, § 30.

45. When property not delivered. $45. If the property is not delivered according to the condition of the bond, the officer having such execution may proceed to execute the same in the same manner as if no levy had been made. [R. S. 1845, p. 306, 31.

46. Proceedings on delivery bond. § 46. If the officer does not obtain satisfaction of the execution, he shall return the bond with such execution, and the creditor shall be allowed to recover thereon the amount of his judgment, with interest and costs, or if the value of the property so levied upon shall be shown by the defendant to be less than such judgment and costs, the value thereof, with ten per cent. damages for the delay.

[R. S. 1845, P. 306, § 31; Dehler v. Held, 50 Ill. 491.

47. No second delivery bond. § 47. No second delivery bond shall be taken in behalf of a defendant so failing to comply with the first, nor shall a delivery bond be taken of his surety without the consent of the creditor. [R. Š. 1845, p. 306, § 31.

48. Notice of sale of personalty. § 48. Before any goods and chattels shall be sold by virtue of any execution, at least ten days' previous notice of such sale shall be given by posting up notices thereof in three of the most public places in the county where such sale is to be, specifying the time when and place where the same are to be sold. [R. S. 1845, p. 306, § 29.

49. Postponing sale-notice. § 49. The officer may postpone such sale from time to time, not exceeding ten days at one time, whenever, for want of bidders or other good cause, he shall think it for the interest of the parties concerned. Notice of such postponement may be given at time and place fixed for the sale, or by posting notices as hereinbefore provided, but if the postponement exceed one day, he shall post notices thereof.

[Phelps v. Conover, 25 Ill. 309; Thornton v. Boyden, 31 Ill. 211.

50. Return-penalty. § 50. The officer making such sale shall, in his return of the execution, particularly describe the goods sold, and the sum for which each article was sold; and if he is guilty of fraud in the sale or return, he shall be liable in any proper action at the suit of the party injured, for five times the amount of the actual damage sus tained by reason of such fraud.

51. Marshaling proceeds. § 51. If the goods or chattels sold on execution have been attached by another creditor or seized on another execution, either by the same or any other officer, or if before the payment of the residue, after the satisfaction of such execution to the debtor, another writ of attachment or execution against him is delivered to the officer who made the sale, the proceeds the order in which the respective writs of attachments or executions become a lien or are entitled by law to share, and the residue, if any, shall be returned to the debtor or his assigns.

[*628] of the sale shall be applied to the discharge of the several judgments in

52. Stock may be sold on execution. $ 52. The share or interest of a stockholder in any corporation may be taken on execution, and sold as hereinafter provided; but in all cases, where such share or interest has been sold or pledged in good faith for a valuable consideration, and the certificate thereof has been delivered upon such sale or pledge, such share or interest shall not be liable to be taken on execution against the vendor or pledgor, except for the excess of the value thereof over and above the sum for which the same may have been pledged and the certificate thereof delivered. [As amended by act approved June 22, 1883. In force July 1, 1883. L. 1883, p. 111. People v. Goss & Phillips' Mfg. Co., 99 Ill. 358.

53. Mode of levy. § 53. If the property has not been attached in the same suit, the officer shall leave an attested copy of the execution with the clerk, treasurer or cashier of the company, if there is any such officer, otherwise with any officer or person having the custody [of] the books and papers of the corporation; and the property shall be considered as seized on execution when the copy is so left, and shall be sold in like manner as goods and chattels.

54. Mode of sale. same suit, the officer shall proceed in seizing and selling it on the execu54. If the share is already attached in the tion, in the same manner as in selling goods and chattels. 55. Certificate - refusal, etc.

penalty. § 55. The officer

of the company who keeps a record or account of the shares or interest of the stockholders therein, shall, upon the exhibiting to him of the execution, be bound to give a certificate of the number of shares or amount of the interest held by the judgment debtor. If he refuses to do so, or

if he willfully gives a false certificate thereof, he shall be liable for double the amount of all damages occasioned by such refusal or false certificate, to be recovered in any proper action, unless the judgment is satisfied by the original defendant.

56. Further proceedings. § 56. An attested copy of the execution and of the return thereon shall, within fifteen days after the sale, be left with the officer of the company whose duty it is to record transfers of shares; and the purchaser shall thereupon be entitled to a certificate or certificates of the shares bought by him upon paying the fees therefor and for recording the transfer.

57. Rights of purchasers. $57.If the shares or interest of the judgment debtor had been attached in the suit in which the execution issued, the purchaser shall be entitled to all the dividends which have accrued after the attachment.

58. Set off of executions. § 58. Executions between the same parties may be set off, one against another, if required by either party, as prescribed in the following section.

[Campbell v. Hasbrook, 24 Ill. 243; Hamilton v. Johnston, 82 Ill. 39.

59. Proceedings. § 59. When one of the executions is delivered to an officer to be executed, the debtor therein may deliver his execution to the same officer, whether the second execution is directed to the same or to any other officer; and the officer shall apply it, as far as it will ex

tend, to the satisfaction of the first execution, and the balance due on the larger execution may be collected and paid in the same manner as if there had been no set-off.

[Hamilton v. Johnston, 82 Ill. 39.

60. Cases excepted. § 60. Such set-off shall not be allowed in the following cases:

First-When the creditor in one of the executions is not in the same capacity and trust as the debtor in the other.

Second-When the sum due on the first execution was lawfully and in good faith assigned to another person, before the creditor in the second execution became entitled to the sum due thereon.

Third-When there are several creditors in one execution, and the sum due on the other is due from a part of them only.

Fourth-When there are several debtors in one execution, and the sum due on the other is due to a part of them only.

Fifth-Nor shall it be allowed as to so much of the first execution as is due to the attorney in that suit for his fees and disbursements therein. 61. Justice's executions. § 61. No execution, issued by any justice of the peace, shall be levied upon real estate, nor shall any redemption be made under any judgment rendered by a justice of the peace, except when the same shall be certified into a court of record, as provided by law.

[*629]

[See "Justices and Constables," ch. 79, 895, seg.; Judgments from city courts, see Courts," ch. 37, 8 254; Phillips v. Demoss, 14 Íll. 410.

62. Ca. sa. $62. If, upon the return of an execution unsatisfied, in whole or in part, the judgment creditor, or his agent or attorney, shall make an affidavit stating that demand has been made upon the debtor for the surrender of his estate, goods, chattels, land and tenements, for the satisfaction of such execution, and that he verily believes such debtor has estate, goods, chattels, lands or tenements, not exempt from execution, which he unjustly refuses to surrender, or that since the debt was contracted, or the cause of action accrued, the debtor has fraudulently conveyed, concealed or otherwise disposed of some part of his estate, with a design to secure the same to his own use, or defraud his creditors; and also setting forth upon his knowledge, information and belief, in either case, the facts tending to show that such belief is well founded, and shall procure the order of the judge of the court from which the execution issued, or of any judge or master in chancery in the same county, certifying that probable cause is shown in such affidavit to authorize the issuing of an execution against the body of the debtor, and ordering that such writ be issued; upon the filing of such affidavit and order with the clerk, he shall issue an execution against the body of such judgment debtor. [See Const., art. 2, § 12. R. S. 1845, p. 282, § I.

63. Demand. 63. For the purpose of enabling the judgment creditor to make such affidavit, the officer having an execution against the property of the defendant may demand any estate of the defendant not exempt from execution, whether the same is of such a nature that it may be levied upon and sold on execution or not.

64. Escape- re-arrest-pursuit. 64. If the debtor shall escape from arrest upon an execution against his body, he may be re-arrested upon the same or another warrant in the same case; and for the purpose of arrest or re-arrest, he may be pursued into any county in this State into which he may flee.

*65. Arrest-notice. 65. When a debtor shall be arrested by virtue of an execution against his body, he shall be conveyed to the county jail of the county of the officer who made the arrest, and kept in safe custody until he shall satisfy the execution or be discharged according to law. Immediately upon the arrest of the defendant the officer making the same shall give notice thereof to the plaintiff, his agent or attorney, if in the county: 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 one or nore years 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 "An act concerning insolvent debtors," approved April tenth, eighteen hundred and seventy-two, in force July first, eighteen hundred and seventy-two. [As amended June 17, 1887. L. 1887, p. 213.

§ 66, repeal, omitted. [See "Statutes," ch. 131, 5.

AN ACT concerning jurors, and to repeal certain acts therein named. [Ap

proved and in force February 11, 1874.]

1. Jury list to be prepared annually. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the county board of each county shall, at or before the time of its meeting, in September, in each year, or at any time thereafter, when necessary for the purposes of this act, make a list of a sufficient number, not less than one-tenth of the legal voters of each town or precinct in the county, giving the place of residence of each name on the list, to be known as the jury list. [L. 1871-2, p. 516, 1. 2. Petit jurors for the year-their qualifications. $2. At the meeting of the county board in the respective counties in this