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attested the feasibility of the object, and whose operations are shown by the description of the instrument, and the mathematical demonstrations which are here subjoined.
The following description of the Ice-breaker is given in the Report of the Committee on Arts and Sciences of the Mechanics’ Institute :
The committee are of opinion, that the invention offered for their consideration by Jacob Townsend, presents a
DESCRIPTION. A is a cylinder, with its periphery and ends armed with strong iron, hooked, and wedge-shaped
teeth, D. This cylinder may be made of wood, in the usual manner, and have the teeth fastened on its periphery by means of strong iron hoops bending over flanges cast upon the base of ihe teeth ; or it may be formed entirely of iron, cast in rings or zones, and united in a manner similar to iron water-pipes. This cylinder is suspended horizontally in front of the boat, by an arrangement that permits of its being raised or lowered at pleasure. H, arms enclosing the gudgeons of the cylinder, and attached io the sides of the boat by strong iron bolts. G, a beam supporting the yokes or stirrups in which the arms rest. K, a chain band to communi. cate motion to the cylinder, passing over spurs on the cylinder and a cogged ring on the spur wheel. The arrangement of the teeth on the cylinder, as represented in the engraving, is spiral.
I think you will agree with me, Sir, that the advantages flowing from this successful experiment can scarcely be overrated. A free navigation between New York and Albany, and through the other channels of water. communication to the port towns along our seaboard, and in the interior, would throw a new aspect over the commercial condition of the country, and add greatly to the productive power of the people and the wealth of the nation. As New York is entitled to the credit of the discovery of steam navigation, so also, let New York be instrumental in the first successful establishment of steam navigation throughout the year. With the hope that my few remarks may direct the attention of all who are interested in commerce to the invention of Mr. Townsend, I subscribe myself,
Sir, yours very respectfully,
Abt. VII.-LAWS RELATIVE TO DEBTOR AND CREDITOR,
DEBTOR AND CREDITOR IN ILLINOIS. Suits in Illinois for the recovery of debts, are commenced either by summons, capias, or attachment.
BY SUMMONS. By this mode, the debtor is simply summoned to appear on the first day of the next term of the court, to answer the complaint of his creditor, and his person or property are thereby, prior to judgment, in no wise affected.
BY CAPIAS. A capias, requiring bail for the debtor's appearance at court, may be issued when the plaintiff or other credible person who can ascertain the sum due, or damages sustained, will make oath that the same will be in danger of being lost
, or that the benefit of whatever judgment may be obtained will be in danger, unless the defendant be held to bail. If the requisite bail is not given on arrest, the defendant must either procure a discharge, as is provided by the insolvent act, or stand committed until the sitting of court.
• Prepared for the Merchants' Magazine, from the Satutes, by Charles Gilman, Esq. of the Quincy, Ilinois, bar.
BY ATTACHMENT. A writ of attachment may be issued against resident debtors, when any creditor or his agent shall make complaint on oath, or affirmation, to the clerk of the Circuit Court, that his debtor is about to depart from the state, or has departed therefrom, with the intention in either case of having his effects and personal estate removed without the limits of the state, or stands in defiance of any officer authorized to arrest him on civil process, so that the ordinary process of law cannot be served ; and, also, that such debtor is indebted to such creditor in a sum exceeding twenty dollars of lawful money of the United States, specifying the amount and nature of such in. debtedness. Before the attachment is issued, in addition to this oath, a bond, with approved security, executed by the party, his agent or attor. ney, payable to the defendant in double the sum claimed to be due from defendant to plaintiff, conditioned for satisfying all cost which may be awarded to the defendant, in case plaintiff is cast in the suit, and also all damages which shall be recovered for wrongfully suing out such attachment, must be also filed with said clerk. This attachment reaches all and singular the lands and tenements, goods and chattels, rights and credits, moneys and effects of what nature soever, in whosesoever hands or possession the same may be found, and whose names are inserted in the writ as garnishees.
The jurisdiction of justices of the peace, in cases of attachment, extends to the sum of fifty dollars.
If the debtor is a non-resident, and cannot personally be served with process, and has any estate, real or personal, within the state, such estate may be reached by attachment as is herein before provided.
If two or more persons not residing in the state, are jointly indebted, an attachment may be issued against their separate and joint estate, on the oath, or affirmation, of non-residence, particular residence, and indebted. ness of such debtors.
A creditor who is absent from, or a non-resident of the state, may have an attachment against the estate of his debtor, upon his agent or attorney making the requisite oath, and filing a bond as in other cases.
In all cases by attachment or otherwise, if the plaintiff is a non-resident, a bond or obligation for costs, signed by some responsible person residing within the state, must be filed prior to the commencement of the suit.
Whenever more than one attachment shall be issued against the same defendant, and returned to the same term of the court to which they are returnable, or where a judgment in a civil suit shall be also rendered at the same term against the defendant, who is the same person and defendant in the attachment or attachments, each attaching and judgment cred. itor will receive in proportion to his respective demand.
When suits have been commenced by summons, an attachment in aid thereof may be issued at any term pending such suit, upon the filing of the proper affidavit and bond.
In cases of attachment of real estate, the officer serving the process is required to file a certificate of the fact with the recorder of the court where such land is situated, and from and after such filing, the levy takes effect as to creditors and bona fide purchasers without notice.
Judgments, in all cases, create a lien on real estate, from the last day of the term of the court in which the same may be rendered, for the pe.
riod of SEVEN YEARS, if execution thereon be issued within one year from the time of rendition.
The following articles of personal property are exempted from attachment and execution, viz: for every person being the head of a family, and residing with the same, one milch cow and calf, the wearing apparel of himself and family, necessary bed and bedding, one spinning wheel, and a pair of cards, provisions not more than sufficient for the support of the family three months, and the necessary utensils for cooking, and necessary household furniture, not exceeding in value fifteen dollars, and sixty dollars worth of property suited to his occupation and condition; and for every single person, his wearing apparel, and necessary military arms and accoutrements.
The plaintiff may elect on what property he will have execution levied, except the land on which defendant resides, and his personal property, which shall be last taken in execution. All property so taken on execution issuing on a judgment rendered, and founded on any contract entered into prior to the first day of May, A. D. 1841, must be valued and appraised by three householders on oath, before it can be sold, which valuation and appraisement must have reference to its cash value ; and when offered for sale, if no person shall bid two thirds of said valuation, it shall not be struck off.
IMPRISONMENT FOR DEBT.
Whenever any debtor shall refuse to surrender his estate, lands, tene, ments, goods or chattels, for the satisfaction of any execution issued against his property, the plaintiff, his agent or attorney, on making affidavit of such fact before any justice of the peace, and filing the same with the clerk of the court from which the execution issued, or with the justice who issued it, is entitled to an execution against the body of the debtor.
The debtor when arrested on mesne process or execution, may go before the probate justice of the peace, and if he desire, be allowed a jury of seven householders of the neighborhood, who shall be sworn to try the fact of refusal to surrender the property of such debtor for the benefit of his creditors; if the jury find a verdict of “guilty of such refusal,” then the debtor is required to surrender his property, or make a schedule, as hereinafter mentioned; but if their verdict is “ not guilty,” he shall then be discharged from arrest.
If the debtor does not claim such a jury, he must make a full, fair, and complete schedule of all his property of any and every description, or kind, name, or nature, whatsoever; together with a true and perfect account of all the debts which he may owe at the time, which schedule must be subscribed by the debtor, who shall also take and subscribe the follow. ing oath or affirmation, to wit: “I do solemnly swear (or affirm, as the case may be) that the schedule now delivered, and by me subscribed, contains, to the best of my knowledge and belief, a full, true, and perfect ac. count and discovery of all the estate, lands, tenements, hereditaments, goods, chattels, and effects, unto me in any wise belonging, and such debts as are unto me owing, or unto any person or persons for me, or in trust for me, and of all securities and contracts, whereby any money may become due or payable, or any advantage or benefit accrue to me, or to my use, or to any person or persons for me, or in trust for me; that I have not lands, money, or any other estate, real or personal, in possession,
reversion, or remainder, which is not set forth in this schedule: nor have I, at any day or time, directly or indirectly, sold, lessened in value, or otherwise disposed of, all or any part of my lands, money, goods, stock, debts, securities, contracts, or estate, whereby to secure the same, or to receive, or expect to receive, any profit or advantage therefrom, to de. fraud any creditor, or creditors, to whom I am indebted in any wise whatsoever; and also, that this schedule contains a true and perfect account of all the debts which I owe to any and every person whatsoever.'
Any creditor of such debtor has the right to appear before the judge of probate, and contest the truth of the schedule ; if, after a full investigation and fair examination of the debtor and witnesses, if any, it shall appear to the judge that the proceedings on the part of the debtor are fair, just, and honest, he shall appoint an assignee of the debtor, and the debtor shall immediately, by endorsement on said schedule, assign all, or so much of his property as the judge may deem sufficient to pay all the debts, interest, costs, and charges in the schedule mentioned, to said assignee.
When the debtor shall produce to the judge the receipt of the assignee, that he has received all the estate, &c., so assigned to him, the judge is then required to give the debtor a discharge in writing from imprisonment, which discharge shall exempt the debtor from arrest on account of any debt mentioned in said schedule, until the same shall be vacated by the due course of law.
An appeal to the Circuit Court is allowed to either party who may think himself aggrieved by the discharge of, or a refusal to discharge the debtor, on entering into the bond required by law.
The assignee of any insolvent debtor is required to make a settle. ment of the insolvent's estate before the judge of probate, within eighteen months after the date of the assignment, giving thirty days notice of making such settlement; and the judge shall make such order of distribution, as is made in cases of deceased persons, and the assignee shall pay the creditors their dividends within thirty days after such settlement, if all the debts have been collected. Any debtor who shall be convicted of taking a false oath under any
of the provisions of the Insolvent Act, shall be deemed guilty of perjury.
PROMISSORY NOTES, &c. Promissory notes, bonds, due-bills, and other instruments in writing for the payment of money or articles of personal property, are made assignable by endorsement thereon, in the same manner as bills of exchange are.
Every assignor of any such instruments is liable, as such, if the as. signee shall have used due diligence by the institution and prosecution of a suit thereon against the maker. if the institution of such suit would have been unávailing, or the maker had absconded, or left the state, when such instrument became due, the assignee is entitled to recover against the assignor, as if due diligence by suit had been used.
RATE OF INTEREST.
Six per cent is the legal rate of interest in Illinois, subject, however, to the provision that a higher rate of interest may be received, when an express contract has been made. VOL. V.-NO. V.