AN ACT to revise the law in relation to arbitrations and awards. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That all persons having requisite legal capacity may by an instrument in writing to be signed by them submit to one or more arbitrators to be named in the manner indicated by such writing, any controversy existing between them, and may, in such submission agree that a judgment of any court competent to have jurisdiction of the subject matter of such instrument, shall be rendered upon the award made pursuant to such submission.

§ 2. The parties to such submission may by such submission designate the number of such arbitrators, which number may be one or more as the parties shall agree; the manner in which they may be appointed in the first instance and vacancies caused by the refusal[,] incapacity or death of an appointee filled; the time and place of the hearing and the rules for the hearing of such controversy, not in conflict with the provisions of this Act; the parties to such submission may include by reference in said written submission the published rules of any organization or association which rules shall thereby become a part of the contract of submission.

§ 3. A submission to arbitration shall, unless a contrary intention is expressed therein, be irrevocable.

§ 4. Said arbitrators or any of them shall have the power to administer oaths, subpoena and examine witnesses [,] to issue subpoenas duces tecum requiring the production of such books, papers, records and documents as may be evidence of any matter under inquiry and to examine and inspect the same; service of such subpoena shall be made by any sheriff or constable or other person; the fees of witnesses for attendance and travel shall be the same as the fees of witnesses before the circuit courts of the State; any court of this State, having jurisdiction of the subject matter of the submission or any judge thereof

upon the application of such arbitrators or any of them, either in term time or vacation may compel attendance of witnesses, the production of books and papers and giving of testimony before said arbitrators by attachment for contempt or otherwise in the same manner as the production of evidence may be compelled before said court.

§ 5. The said arbitrators may authorize the taking of depositions without a commission in the same manner as may be provided by law for the taking of depositions in suits pending in courts of record of this State.

§ 6. The arbitrators may, of their own motion and shall by request of a party

(a) At any stage of the proceedings submit any question of law arising in the course of the reference for the opinion of the court stating the facts upon which the question arises and such opinion when given shall bind the arbitrators in the making of their award

(b) State their final award as to the whole or a part of the reference in the form of a conclusion of fact for the opinion of the court on the questions of law arising and such opinion shall finally conclude the proceeding, except as by this Act otherwise provided.

§ 7. The award of the arbitrators, or a majority of them, shall be drawn up in writing and signed by the arbitrators or a majority of them; the award shall definitely deal with all matters of difference in the submission requiring settlement, but the arbitrators may, in their discretion, make a partial award or awards, which shall be enforceable in the same manner as the final award; upon the making of such award, the arbitrators shall deliver a true copy thereof to each of the parties thereto without delay.

§ 8. If either of the parties neglect to comply with any partial or final award, made by the arbitrators, the other party may, at any time within one year from the time of such failure, file such award, together with the submission in court.

9. The party filing such award may, by giving ten days' notice of his intention to the opposite party, and if no legal exceptions are taken to such award, have judgment thereon, as on the verdict of a jury; upon any legal exceptions taken, the findings of fact by the arbitrators shall be conclusive; successive judgments in the same case may be entered on successive awards of the arbitrators on the subject matter of the submission together with the costs of arbitration and the court, and execution may issue as in other cases.

§ 10. When the award requires the performance of any act other than the payment of money, the court rendering such judgment shall enforce the same by rule, and the party refusing or neglecting to comply with such rule may be proceeded against by attachment or otherwise as for a contempt.

§ 11. If any legal defects shall appear in the award or other proceedings, or if it shall appear that the award is not sustainable under the opinions of the court upon questions of law under section 6 of this Act, the court may set aside such award, or remit the matters contained in the said award to the reconsideration of the said arbitrators; or, if it

shall appear, on oath or affirmation that said award was obtained by fraud, corruption or other undue means, or that such arbitrators misbehaved, said court may set aside such award.

§ 12. If there be any evident miscalculation or misdescription, or if the arbitrators shall appear to have awarded upon matters not submitted to them, not affecting the merits of the decision upon the matters submitted, or where the award shall be imperfect in some matters of form, not affecting the merits of the controversy, and where such errors and defects, if in a verdict, could have been lawfully amended or disregarded by the court, any party aggrieved may move the court to modify or correct such award.

§ 13. Applications to set aside, modify or amend or remit such award, as provided in the sections 11 and 12 of this Act, must be made before the entry of final judgment on such award: Provided, nothing herein contained shall be so construed as to deprive courts of chancery of their jurisdiction, as in other cases.

§ 14. Writs of error and appeals may be taken from any decision of the court upon questions of law under section 6 of this Act, or matters arising in the the course of the proceedings, by the party feeling himself aggrieved, as in other cases; and if the case shall be upon such writ of error or appeal remanded, such further proceedings shall be had as the nature of the case may require.

§ 15. The parties may, in the submission, agree upon the amount of compensation to be paid to the arbitrators and the terms of the payment of the same; unless so agreed, each arbitrator shall be allowed, for every day's attendance to the business of his appointment $3.00, to be paid in the first instance by the party in whose favor the award shall be made, but to be recovered of the other party with the other costs of suit, if the award or final decision shall entitle the prevailing party to recover costs. Sheriffs, constables, the bailiff of the Municipal Court of Chicago, clerks and justices of the peace shall be entitled to the same fees for services performed in relation to any arbitration, as shall be allowed by law for the like services in their respective courts.

§ 16. Arbitrators may be compelled, by order of the court to proceed to a hearing of the submission and to make report without unnecessary delay.

§ 17. In this Act unless the context or subject matter otherwise requires, "Court" means the court named in the submission, and if no court be named, any court having jurisdiction of the subject matter, to which application is made or proceedings had on a submission.

"Submission" means a written agreement to submit differences to arbitration, whether such differences be in whole or in part in suit or not in suit.

§ 18. REPEAL.] An Act to revise the law in relation to arbitrations and awards, approved April 29, 1873, in force July 1, 1873, except as herein re-enacted, is hereby repealed, but this section shall not be construed so as to affect any right, actions or causes of action that may have accrued or be pending when this Act shall take effect.

APPROVED June 11, 1917.

ATTORNEYS AND COUNSELORS.

UNLICENSED PERSONS NOT TO RECEIVE COMPENSATION FOR
LEGAL SERVICES.

§ 1. Amends section 1, Act of 1874.

§ 1. As amended provides no person other than a regularly licensed attorney shall receive compensation for legal services in settlement of estates-penalty.

(HOUSE BILL No. 470. APPROVED JUNE 11, 1917.)

AN ACT to amend an Act entitled, "An Act to revise the law in relation to attorneys and counsellors," approved March 28, 1874. in force July 1, 1874 as subsequently amended, by amending section 1 thereof.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That an Act entitled, "An Act to revise the law in relation to attorneys and counsellors," approved March 28, 1874, in force July 1, 1874, as subsequently amended, be and is hereby amended by amending section 1 thereof to read as follows:

§ 1. No person shall be permitted to practice as an attorney or counsellor at law, or to commence, conduct or defend any action, suit or plaint, in which he is not a party concerned, in any County or Probate Court, or in any court of record, within this State, either by using or subscribing his own name or the name of any other person without having previously obtained a license for that purpose from some two of the justices of the Supreme Court.

And no person shall receive any pay or compensation for any legal service, for making settlements, annual or final, filing petitions or other documents, in any estate, other than a regularly licensed attorney; and no Probate Court shall allow or permit any pay or fee for any such services to any person to be taxed in any estate, other than to a regularly licensed attorney, either directly or indirectly, for any purpose; nor shall any administrator, or executor or guardian employ, for the performance of legal work for any estate, or pay any person for performing legal work, other than a regularly licensed attorney.

A license, as provided for herein, shall constitute the person receiving the same, an attorney and counsellor at law, and shall authorize him to appear in all of the courts within this State and there to practice as an attorney and counsellor at law, according to the laws and customs thereof, for and during his good behavior in said practice and to demand. and receive fees for any services which he may render as an attorney and counsellor at law in this State. No person shall be refused a license under this Act on account of sex.

Any person whomsoever, practicing, charging or receiving fees for legal services in the County, Probate or other Court of Record in this State, without being licensed to practice as herein required, except as provided herein, shall be guilty of a misdemeanor and, upon a conviction, shall be punished by a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00) or by imprisonment in the county jail not to exceed thirty (30) days, or by both such fine and imprisonment.

APPROVED June 11, 1917.

(SENATE BILL No. 469. APPROVED JUNE 22, 1917.)
(Known as the Buck-Austin Bill.)

AN ACT to amend the title of "An Act concerning corporations with banking powers," approved June 16, 1887, submitted to a vote of the people at the November election, 1888, and adopted, so that said title shall read, "An Act concerning banks and banking" and to amend sections 2, 4, 7, 8, 10, 11 and 12 of said Act and to add to said Act after section 15 of said Act a new section to be known as section 152, prohibiting all natural persons, firms or partnerships from transacting the business of banking, or receiving money on deposit, and from transacting certain other operations frequently transacted by banking corporations, and from using the term bank or banker.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That the title of an Act entitled, "An Act concerning corporations with banking powers," approved June 16, 1887, submitted to a vote of the people at the November election, 1888, and adopted, as subsequently amended be amended to read as follows: "An Act concerning banks and banking."

That sections 2, 4, 7, 8, 10, 11 and 12 of said Act be respectively amended to read as hereinafter in this section set forth.

§ 2. When any association of persons, not less than three, desire to avail themselves of the provisions of this Act, they shall 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 Auditor shall issue to them a permit to organize, but no permit shall be issued hereunder to any corporation by the same name as any other corporation then operating under the laws of this State or of any law of the United States or of any person, firm or partnership then conducting a banking business, or