ADOLPH MOSES.

out of the Supreme Court to review such final action to the Appellate Court shall be sued out within one year, and not thereafter.

IV.

An Act to punish the embezzlement of property belonging to a partnership or to joint owners, by a partner or joint owner.

Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, that if any person, being a member of any co-partnership, or being one of two or more joint beneficial owners of any money, goods or effects, bills, notes, securities, or other property, shall steal or embezzle any such money, goods or effects, bill, notes, securities or other property, of or belonging to any such copartnership or to such joint beneficial owners, every such person shall be liable to be dealt with, tried, convicted and punished for the same as if such person had not been or was not a member of such co-partnership or one of such joint beneficial owners.

Sec. 2. In prosecutions for the offenses described in Section 1 of this Act, it shall be sufficient to allege generally in the indictment an embezzlement or fraudulent conversion or taking with such intent, and it shall be sufficient to maintain the charge in the indictment if it be proved that any property, moneys or choses in action of such copartnership or such joint beneficial owners, of whatever value or amount, has been fraudulently embezzled or converted, or taken with such intent, by the person charged.

Sec. 3. Upon conviction of any such person, he shall be fined in any sum not exceeding $5,000, and imprisoned in the penitentiary not exceeding two years, and shall be sentenced to restore the property so fraudulently obtained, if it can be restored.

Sec. 4. All prosecutions hereunder shall be commenced within two years from the time of commission of the offense; provided, however, that if the guilty person has concealed the crime and successfully prevented its discovery, a prosecution by indictment may be commenced within two years after the discovery of such crime by the injured person.

V.

An Act to amend Section 2 of "An Act Requiring Compensation for Causing Death by Wrongful Act, Neglect of Default," approved February 12, 1853.

Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, that Section 2 of "An Act Requiring

SCHEDULE OF PROPOSED LAWS.

Compensation for Causing Death by Wrongful Act, Neglect or Default," approved February 12, 1853, be amended to read as follows:

SEC. 2. Every such action shall be brought by and in the names of the personal representatives of such deceased person, and the amount recovered in every such action shall be for the exclusive benefit of the widow and the next of kin of such deceased person, and shall be distributed to such widow and next of kin, in the proportion provided by law in relation to the distribution of personal property left by persons dying intestate; and in every such action the jury may give such damages as they shall deem a fair and just compensation, with reference to the pecuniary injuries resulting from such death to the wife and next of kin of such deceased person, not exceeding the sum of $5,000; provided, that every such action shall be commenced within two years after the death of such person; provided, however, if judgment shall be given for the plaintiff, and the same be reversed by writ of error, or upon appeal; or if a verdict pass for the plaintiff, and upon matter alleged in arrest of judgment, the judgment be given against the plaintiff; or, if the plaintiff be non-suited, then if the time limited for bringing such action shall have expired during the pendency of such suit, the said plaintiff, his or her heirs, executors or administrators, as the case shall require, may commence a new action within one year after such judgment reversed or given against the plaintiff, and not after.

VI.

An Act to amend Section 16 of "An Act Concerning Corporations," approved April 18, 1872, in force July 1, 1872.

Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, that Section 16 of "An Act Concerning Corporations," approved April 18, 1872, in force July 1, 1872, be amended to read as follows:

Section 16. If the indebtedness of any stock corporation shall exceed the amount of its capital stock, the directors and officers of such corporation assenting thereto, or suffering such indebtedness to be contracted either by their negligence, inaction or otherwise, shall be personally and individually liable for such excess indebtedness to the creditors of such corporation. And as to the directors of any stock corporation, they may become liable under this section, whether they assent to such indebtedness or suffer the same to be contracted either by their negligence, inaction or otherwise, either at a directors' meeting or without such meeting. In order to enforce the liability under this section it shall not be necessary to prove the insolvency of the

ADOLPH MOSES.

company by legal proceedings or otherwise.

Such liability shall survive against the executors and administrators of such party liable under this section, and any action brought thereunder shall be commenced within three years next after the cause of action accrued; provided, however, if a person liable to such an action fraudulently conceals the same from the knowledge of the person entitled thereto, the action may be commenced at any time within one year after the person entitled to bring the same discovers that he has such cause for action and not afterwards.

VII.

An Act Relating to Fraudulent Conveyances and Enlarging the Powers of Administrators, Executors, Guardians, Assignees for the Benefit of Creditors and Receivers.

Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, that the title to any and all property transferred by any person, firm or corporation in fraud of creditors, shall vest, by operation of law, in such officers, as the case may be, upon their appointment and qualification, and such officers, as the case may be, shall be and they are empowered to attack such fraudulent conveyances of their respective principals or decedents, in such cases in which they may be acting as such officers, and to procure the decree of any competent court to vacate such fraudulent conveyance or conveyances, for the benefit of creditors, and the courts are empowered to grant such relief in the premises as is usual in cases where creditors institute proceedings to attack such fraudulent conveyances.

Sec. 2. All such powers mentioned in Section 1 shall inure to the benefit of the successor or successors of such officers or administrators de bonis non, as the case may be. Provided, however, that such proceedings shall only be instituted by any such officer at the request of creditor or creditors, and by direction of the court by whom they were appointed, or under whose authority they may be acting.

VIII.

An Act to amend Section 3, An Act to Revise the Law in Relation to Joint Rights and Obligations, approved February 25, 1874.

Be it enacted by the People of the State of Illinois, represented in the General Assembly, that Section 3 of said Act be amended to read as follows:

Section 3. All joint obligations and covenants, and all obligations and covenants of a partnership, shall be taken and held to be joint and several obligations and covenants.

SCHEDULE OF PROPOSED LAWS.

IX.

An Act to amend Sections 9 and 11 of an Act in Regard to Practice in Courts of Record, approved February 22, 1872.

Be it enacted by the People of the State of Illinois, represented in the General Assembly, that Sections 9 and 11 of said Act be amended to read as follows:

Sec. 9. If a summons or capias is served on one or more, but not on all of the defendants, upon any joint or joint and several obligations, plaintiff may proceed to trial and judgment against the defendant or defendants on whom the process was served, and the plaintiff may at any time afterwards have a summons, in the nature of a scire facias, against the defendant or defendants not served with the first process, causing him or them to appear in said court, or show cause why he or they should not be made a party to such judgment, and upon said defendant being duly served with such process, the court shall hear and determine the matter, in the same manner as if said defendant had been originally summoned or brought into court and such defendant shall also be allowed the benefit of any payment or satisfaction which may have been made on the judgment before it was recovered, and the judgment of the court against such defendant or defendants shall be that the plaintiff recover against such defendant or defendants, together with the defendant in the former judgment, the amount of his debt or damages, as the case may be.

Provided, however, that a return of not found upon the original summons is not necessary to the issuance of the scire facias, and such scire facias may be served in any county where the other defendant or defendants not first served may be found.

Sec. 11. When several joint debtors, or joint and several debtors are sued, and any one or more of them shall not be served with process, the pendency of such suit, or the recovery of a judgment against the parties served, shall be no bar to a recovery on the original cause of action against such defendants as were not served in any suit which may be brought against them, in any place other than in the county where the first suit was brought; but this section shall not be so construed as to allow more than one satisfaction.

X.

An Act to Amend an Act Concerning Voluntary Assignments and Conferring Jurisdiction Therein Upon County Courts, approved May 22, 1877.

Be it enacted by the People of the State of Illinois, represented in the General Assembly, that Section 6 of "An Act Concerning Voluntary

ADOLPH MOSES.

Assignments and Conferring Jurisdiction Therein Upon County Courts," approved May 22, 1877, be amended to read as follows:

"Section 6. That at the first term of said County Court after the expiration of the three months as aforesaid, should no exception be made to the claim of any creditor, or if exceptions have been made and the same have been adjudicated and settled by the court, the said court shall order the assignee or assignees to make from time to time fair and equal dividends among the creditors of the assets in his or their hands, in proportion to their claims, and as soon as may be, and within one year thereafter, to render a final account of said trust to said County Court; and said court may allow such commissions and allowances to such assignee or assignees in the final settlement as may be considered by the court to be just and right; provided, however, that in all cases the debts owing to laborers, servants or employes which have accrued by reason of their labor or employment, shall be considered and treated as preferred creditors and shall be first paid in full; and if there be not sufficient to pay them in full, the same shall be paid from the proceeds of the sale of the assigned property; provided, further, that such claims be filed within said term of three months, as provided for in Section 2 of this Act, and to which no exception has been made or to which exceptions have been made, and the same have been adjudi cated and settled by the court. The costs, commissions and expenses of assignment, however, shall be first paid, to the exclusion of all other demands and claims, including the preferred labor claims herein provided for. The claim for wages of any laborer, servant or employe shall recite upon their face that they are for such wages, giving particulars, and when exceptions are taken to such claims, said court, in adjudicating and settling the same, shall find that the claim so adjudicated and settled is for the wages of such laborer, servant or employe."

XI.

An Act to Amend Section 70 of an Act in Regard to the Administration of Estates, approved April 1, 1872.

Be it enacted by the People of the State of Illinois, represented in the General Assembly, that Section 70 of "An Act in Regard to the Administration of Estates," approved April 1, 1872, be amended to read as follows:

Section 70. All demands against the estate of any testator or intestate shall be divided into classes, in manner following, to-wit: First-Funeral expenses and necessary cost of administration. Second-The widow's award, if there is a widow; or children, if there are children, and no widow.