and not vacated according to law, be discharged and exempted from arrest or imprisonment upon the demand or judgment upon which he was arrested or imprisoned, and upon all debts that he may owe at the time of obtaining such discharge and are mentioned in the schedule herein before required to be made or proved against him. The certified copy of the order of discharge shall be evidence in all courts and places. [R. S. 1845, p. 286, § 24.

26. APPEAL-BOND.] § 26. Any debtor or creditor who may feel himself ag grieved by any final order or judgment of the county court under the provisions of this act, may, at any time within ten days from the entering of such order or judgment, appeal to the circuit court of the county, upon giving bond in such amount and with such security as shall be approved by the county court. If the appeal is taken by the creditor, the bond shall run to the debtor, and be con ditioned to prosecute such appeal with effect, and pay all costs and damages that may accrue to the person seeking such discharge. If taken by the debtor, the bond shall run to the People of the State of Illinois, and be conditioned that he will prosecute his said appeal with effect, and in case appeal is dismissed, or the order or judgment of the county court is affirmed, in whole or in part, he will perform the same and will appear before and abide the whatever decision the circuit court shall make in the premises, and pay all costs that may be awarded against him; and also that he will not sell or dispose of any of his estate pending such appeal, but that the same shall be forthcoming and subject to the order of the county court. Upon a breach of such bond it may be put in suit by any person interested therein, for his use and at his expense. [R. S. 1845, p. 284, § 9, 10. 27. FILING RECORD.] § 27. The appellant shall file in the office of the clerk of the circuit court a certified copy of the record of proceedings and order, or judgment appealed from, on or before the first day of the succeeding term of the circuit court: Provided, ten days shall intervene between the time of praying such appeal and the sitting of such court; but if that time shall not so intervene, then by the tenth day of the same term. If the record shall not be so filed, the appeal shall be dismissed, 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 deter mine 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 as signed 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.] 8 30. In all cases where any person is committed to the jail of any county upon any writ [of] capias ad respondendum or capias ad satisfa ciendum 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, § 1.

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 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 enforced against the property of such discharged person. [L. 1853, p. 259, § 2.

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 herein before provided, the defendant may be imprisoned at $1 50 per day, until the judgment shall be satisfied, and the officer making the arrest shall indorse the execution "satisfied in full by imprisonment." [L. 1845, p. 570, § 3.

35. FALSE OATII.] $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.

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 11, 1869. In force July 1, 1869. L. 1869, p. 209.]

1. WHO MAY INCORPORATE-PURPOSES.] § 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, 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 which 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.

2. MAY RE-INSURE.] § 2. Any companies organized under this act shall have power to effect re-insurance of any risks taken by them respectively.

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.] § 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 $150,000, actually paid in, in cash, nor in any other county in this state with a smaller capital than $100,000, actually paid in, in cash.

CAPITAL OF MUTUAL COMPANIES.] 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 Chi cago, nor establish any agency for the transaction of business of said city, until agreements have been entered into for insurance with at least four hundred appli cants, the premiums on which shall amount to not less than $200,000, of which $40,000 at least shall have been paid in cash, and notes of solvent parties founded

on actual and bona fide applications 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 two hundred applicants, the premiums on which shall amount to not less than $100,000, of which $20,000 at least shall have been paid in cash, and notes of solvent parties, founded on actual and bona fide applications for insurance, shall have been received for the remainder. No one of the notes received as aforesaid shall amount to more than $500, and no two shall be given for the same risk, or be made by the same person or firm, except where the whole amount of such notes shall not exceed $500; nor shall any such note be represented as capital stock unless a policy be issued upon the same within thirty days after the organization of the company, upon a risk which shall not be for a shorter period than twelve months. Each of said notes shall be payable in part or in whole at any time when the directors shall deem the same requisite for the payment of losses by fire or inland navigation, and such incidental expenses as may be necessary for transacting the business of said company. And no note shall be accepted as part of such capital stock unless the same shall be accompanied by a certificate of a justice of the peace, or supervisor of the town or city where the person making such note shall reside, that the person making the same is, in his opinion, pecuniarily good and responsible for the same; and no such note shall be surrendered during the life of the policy for which it was given.

RISKS OF JOINT STOCK COMPANIES.] No joint stock fire insurance company, organized under this act or transacting business in this state, shall expose itself to any loss on any one fire or inland navigation risk or hazard to an amount exceeding ten per cent. of its paid up capital.

7. OPENING BOOKS OF JOINT STOCK AND MUTUAL COMPANIES.] § 7. It shall and may be lawful for the individuals associated for the purpose of organizing any company under this act, after having published the notice and filed the declaration and charter as required by the third section of this act, and also on filing in the office of the auditor of public accounts proof of such publication by the affidavit of the publisher of such newspaper, his foreman or clerk, to open books for subscription to the capital stock of the company so intended to be organized, and to keep the same open until the full amount specified in the charter is subscribed; or in case the business of such company is proposed to be conducted on the plan of mutual insurance, then to open books to receive propositions, and to enter into agreements in the manner and to the extent specified in the sixth section of this act.

8. INVESTMENT OF CAPITAL.] § 8. It shall be lawful for any insurance company organized under this act, or any such company incorporated under any law of this state, to invests its capital and the fund accumulated in the course of its business, or any part thereof, in bonds and mortgages on improved unincumbered real estate within the state of Illinois, worth fifty per cent. more than the sum loaned thereon, (exclusive of buildings, unless such buildings are insured and the policy transferred to said company); and, also, in the stocks of this state, or stocks or treasury notes of the United States; and, also, in the bank stock of national banks; and, also, in the stocks and bonds of any county or incorporated city in this state authorized to be issued by the legislature; and to lend the same, or any part thereof, on the security of such stocks or bonds, or treasury notes, or upon bonds or mortgages as aforesaid, and to change and re-invest the same as occasion may, from time to time, require; but any surplus money, over and above the capital stock of such fire and inland navigation insurance companies, or any such insurance companies incorporated under any law of this state, may be invested in or loaned upon the pledge of the public stocks or bonds of the United States or any one of the states, or the stocks, bonds or other evidences of indebtedness of any solvent, dividend-paying institution incorporated under the laws of this state or of the United States, except their own stock: Provided, always, that the current market value of such stocks, bonds and other evidences of in