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.

52. STOCK.] § 52. The share or interest of a stockholder in any corporation may be taken on execution and sold as hereinafter provided.

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 corpor ation; 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.] § 54. If the share is already attached in the same suit, the officer shall proceed in seizing and selling it on the execution, 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 PURCHASER.] § 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.

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 offi cer; and the officer shall apply it, as far as it will extend, 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.

60. CASES EXCEPTED.] § 60. Such set-off shall not be allowed in the follow. ing 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. [See "Justices and Con

stables," ch. 79, § 95, seq.; Judgments from city courts, see "Courts," ch. 37, §

205.

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 execu tion, 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, § 1.

63. DEMANDS.] § 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.

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

AN ACT concerning jurors, and to repeal certain acts therein named. [Approved and in force February 11, 1874.]

1. JURY LIST TO BE PREPARED ANNUALLY.] § 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 a 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 state, in September, in the year 1874, and in each year thereafter, such board shall select from such list a number of persons equal to one hundred for each trial term of the circuit and other courts of record, except county courts, which may be provided by law to be held during the succeeding year, and in the county of Cook, two hundred for each term of the circuit and superior courts of Cook county, and one hundred for the criminal court of Cook county for each trial term, to serve as petit jurors: Provided, that the persons selected to serve as jurors in courts of record having jurisdiction only in and for cities, shall be selected from four of the most conve nient towns to said court, to be designated by the judge of such court, and the county clerks of the county notified thereof before the first day of September next; and in making such selection shall choose a proportionate number from the residents of each town or precinct, and shall take the names of such only as

are:

old.

First-Inhabitants of the town or precinct not exempt from serving on juries. Second-Of the age of twenty-one years or upwards, and under sixty years Third-In the possession of their natural faculties, and not infirm or decrepid. Fourth-Free from all legal exceptions, of fair character, of approved integ rity, of sound judgment, well informed, and who understand the English language. [R. S. 1845, p. 309, § 6; p. 310, § 7; p. 308, § 1. L. 1871-2, p. 516, § 2.

3. LIST AT SUBSEQUENT MEETING.] § 3. If, for any reason, the list or the selection provided for in the foregoing sections of this act shall not be made at the meeting of the board held at the time specified, such list or selection shall be made at any meeting to be held as soon thereafter as may be. [L. 1871-2, p. 516, § 3.

4.

EXEMPTIONS.] § 4. The following persons shall be exempt from serving as jurors, to-wit: the governor, lieutenant-governor, secretary of state, auditor of public accounts, treasurer, superintendent of public instruction, attorney-general, members of the general assembly during their term of office, all judges of courts, all clerks of courts, sheriffs, coroners, postmasters, mail carriers, practicing attorneys, all officers of the United States, officiating ministers of the gospel, school teachers during the terms of school, practicing physicians, constant ferry men, mayors of cities, policemen and active members of the fire department. [R. S. 1845, p. 308, § 1; L. 1871-2, p. 517, § 4.

5. CHECKING LIST-SUBSEQUENT SELECTIONS.] § 5. At the time of making such selection, the name of the person selected shall be checked off from such list, and shall not be again selected as a juror till every person named upon such list qualified to serve as a juror has been selected; and all subsequent selections of jurors by such board shall be made from such list until all persons thereon qualified to serve have been selected, or until the expiration of two years from the time of the making of such list, when a new list shall be made: Provided, if any person who has been selected as a juror shall not have been drawn, or have served upon a jury during the year for which he was selected, he shall, if quali fied, be selected for the next year. [L. 1871-2, p. 517, § 5.

6. NEW LIST-LIST OF PERSONS SERVING FURNISHED COUNTY CLERK.] § 6. As often as one list shall have been exhausted, another shall be furnished, as provided in section 1 of this chapter, and the jurors shall be selected therefrom in the manner provided in sections 2 and 3. The clerks of the circuit courts and other courts of record in the county, shall, at the end of each term of court, furnish the county clerk a list of all persons who have served as jurors during the term. [L. 1871-2, p. 517, § 6.

7. LIST IN OFFICE-NAMES IN BOX.] A list of jurors so selected shall be kept in the office of the county clerk, who shall write the name and residence of each person selected upon a separate ticket and put the whole into a box to be kept for that purpose. [L. 1871–2, p. 517, § 7.

8. DRAWING JURORS.] § 8. At least twenty days before the first day of any trial term of any of said courts, the clerk of such court shall repair to the office of the county clerk, and in the presence of such county clerk, after the box containing said names has been well shaken by the county clerk, and without par tiality, draw from said box the names of a sufficient number of said persons, then residents of said county, not less than thirty for each two weeks that such court will probably be in session for the trial of common law cases, to constitute the petit jurors for that term, and where there is an additional judge in any such court, a like number for each additional judge requiring a jury, unless such court shall otherwise order: Provided, that should the clerk draw from said box the name of a person whom he may know to be dead, to have been selected as a grand juror, a non-resident, absent from the state, unable to attend in consequence of illness, or that he is legally disqualified to serve as a juror, it shall be the duty of said clerk to report the name of such person to the county clerk; and said clerk of such court shall draw other names until the required number shall have been selected. [L. 1871-2, p. 517, § 8.

9. DRAWING GRAND JURY.] § 9. If a grand jury shall be required by law or by the order of the judge for any term of court, it shall be the duty of the county board in each of the counties in this state wherein such court is directed to be holden, at least twenty days before the sitting of such court, to select twenty-three persons, possessing the qualifications as provided in section 2 of this act, and as near as may be a proportionate number from each town or precinct in their respective counties, to serve as grand jurors at such term; and to cause

their clerk, within five days thereafter, to certify the names of the persons so selected as grand jurors to the clerk of the court for which they are selected, who shall issue and deliver to the sheriff of the county wherein the court is to be held, at least ten days before the term of the court for which they shall have been se lected, or during term time if the court shall so order, a summons commanding him to summon the persons so selected as aforesaid, to appear before such court at or before the hour of eleven o'clock A. M. on the first day of the term, or upon such other day as the judge shall direct, to constitute a grand jury for such term. The sheriff shall serve such summons in the manner provided in section 11 of this act, for service of summons on petit jurors, and for any refusal or neglect so to do, shall be deemed guilty of a contempt of court, and may be fined therefor as provided in section 11 of this act, for default in summoning petit jurors. If for any reason the panel of grand jurors shall not be full at the opening of such court, the judge shall direct the sheriff to summon from the body of the county a sufficient number of persons, having the qualifications of jurors, as provided by this act, to fill the panel. [R. S. 1845, p. 308, § 2; L. 1871-2, p. 517, §9. 10. SUMMONS FOR PETIT JURORS.] § 10. The clerk of the court shall, within five days after such drawing, issue to the sheriff a summons commanding him to summon as petit jurors a sufficient number, not less than thirty, of the persons so drawn, giving their residence, to appear at the place of holding such court, at the hour of ten o'clock A. M. of the first day of the term, or upon such other day of the term as the judges shall direct, and a like number to appear at the same place and hour on the third Monday of the term, and the same number for each two weeks the court will probably be in session, which summons shall be served before the sitting of the court. [See "Courts," ch. 37, § 55, p. 338. L. 1871-2, p. 518, § 10.

11. SERVING SUMMONS-RETURN-PENALTY AGAINST SHERIFF.] § 11. It shall be the duty of the sheriff to execute the summons by reading the same to, or leaving a copy thereof at the usual place of abode of each of the persons directed to be summoned to constitute the jury as aforesaid, and to make return thereof on or before the return day, to the clerk of the court in which said jurors are to serve, with an indorsement thereon, certifying on whom it has been executed, and the time when; and in default of so doing, such sheriff or other officer shall be considered as guilty of a contempt, and may be fined, for the use of the proper county, in any sum not less than $10 nor more than $200; and it shall be the duty of the court, upon the return of such summons, to inquire into the cause of any failure to serve any such juror, and unless he shall find that the sheriff has used proper diligence to serve such juror, he shall inflict the fine aforesaid. [R. S. 1845, p. 310, § 9; L. 1871-2, p. 518, § 12.

12. EXAMINATION OF JURORS-FILLING PANEL.] § 12. The judge shall examine the jurors who appear, and if more than twenty-four petit jurors who are qualified and not subject to any exemption, or any of the disqualifications provided in this act, shall appear and remain after all excuses are allowed, the court shall discharge by lot the number in excess of twenty-four. If for any reason the panel of petit jurors shall not be full at the opening of such court, or at any time during the term, the clerk of such court may again repair to the office of the county clerk and draw in the same manner as at the first drawing such number of jurors as the court shall direct, to fill such panel, who shall be summoned in the same manner as the others, and, if necessary, jurors may continue to be so drawn and summoned from time to time until the panel shall be filled. In case a jury shall be required in such court for trial of any cause, before the panel shall be filled in the manner herein provided, the court shall direct the sheriff to summon from the bystanders, or from the body of the county, a sufficient number of persons having the qualifications of jurors, as provided in this act, to fill the panel, in order that a jury to try such cause may be drawn therefrom, and when such jury is drawn, the persons selected from the bystanders, or from the body of the county, to fill the panel, and not chosen on the jury, shall be discharged from the panel, and those who shall be chosen to serve on such jury shall also